HomeMy WebLinkAbout4.2 Agreement with Bay Island Officials Association for Sports Officiating ServicesSTAFF REPORT
CITY COUNCIL
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Agenda Item 4.2
DATE:July 20, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Agreement with Bay Island Officials Association for Sports Officiating
Services
Prepared by: Bridget Amaya, Assistant Parks & Community Services Director
EXECUTIVE SUMMARY:
The City Council will consider a service agreement with Bay Island Officials Association to provide
officiating services for adult basketball and softball leagues and for youth basketball leagues.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement with Bay Island Officials Association for Sports
Officiating Services.
FINANCIAL IMPACT:
Award of the contract with Bay Island Officials Association will result in a cost not to exceed
$72,304through June 30, 2023. Staff anticipates approximately $36,000 will be spent in Fiscal Year
2021-22, depending on league registrations. There is sufficient funding in the 2021-22 Budget to
fund the agreement through June 30, 2022. Funding for the subsequent fiscal year will be included
in the future budget process.
DESCRIPTION:
The City contracts with vendors to provide officiating services for city run leagues. A Request for
Proposals (RFP) was released and posted to the City’s website on April 14,2021 and closed on May
10, 2021.Staff also distributed the RFP to six qualified vendors thatprovide officiating services. One
proposal was received from Bay Island Officials Association. Table 1 below summarizes the bid
received.
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Table 1: Bay Island Officials Association Bid Per Game
Year 1 Year 2
Adult Basketball 5-on-5 (2 Officials)61.00 63.00
Adult Basketball 3-on-3 (1 Official)42.00 44.00
Youth Basketball League (2 Officials)55.00 57.00
Youth Basketball League (1 Official)35.00 37.00
Adult Softball League (2 Umpires)60.00 62.00
After reviewing the proposal, Staff is recommending a service agreement with Bay Island Officials
expiring on June 30, 2023. Staff has determined that Bay Island Officials Association is a qualified
vendor based on its overall experience officiating adult and youth sports since 1976, and for its
knowledge and experience with the City of Dublin sports leagues.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the Staff Report was distributed to Bay Island Officials Association and the City Council
Agenda was posted.
ATTACHMENTS:
1) Resolution Approving Agreement with Bay Island Officials Association for Sports
Officiating Service
2) Exhibit A to the Resolution – Agreement Between the City of Dublin and Bay Island Officials
Association
3) Proposal – Bay Island Officials Association
4) Request for Proposal
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Attachment 1
Reso No. XX-21, Adopted 07/20/21 Page 1 of 1
RESOLUTION NO. XX - 21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING AN AGREEMENT WITH BAY ISLAND OFFICIALS ASSOCIATION
FOR SPORTS OFFICIATING SERVICES
WHEREAS, the City of Dublin requires sports officiating services for adult and youth
sports leagues; and
WHEREAS, Staff issues a Request for Proposals (RFP) for officiating services and
received one proposal by the deadline on May 10, 2021: and
WHEREAS, after reviewing the submitted proposal, Bay Island Officials Association was
determined to be a qualified vendor; and
WHEREAS, Bay Island Officials Association is prepared to complete the work outlined in
the Scope of Services section of the agreement attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the agreement with Bay Island Officials Association attached hereto as Exhibit
A in an amount not to exceed $72,304 through June 30, 2023.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
agreement and may make any necessary change to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 20th day of July 2021, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
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CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
BAY ISLAND OFFICIALS ASSOCIATION
THIS AGREEMENT for Sports Officiating services is made by and between the City of Dublin
(“City”) and Bay Island Officials Association (“Contractor”) (together sometimes referred to as the “Parties”)
as of July 20, 2021 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2023, the date of completion specified in Exhibit A, and Contractor shall
complete the work described in Exhibit A on or before that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Contractor to complete the services required by this Agreement shall not affect
the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding
the foregoing this Agreement may be extended on a month to month basis for up to 6
months upon the written consent of the Contractor and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Contractor for the provision of the serves described in Exhibit A does not increase. None of
the foregoing shall affect the City’s right to terminate the Agreement as provided for in
Section 8.
1.2 Standard of Performance. Contractor shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Contractor shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Contractor’s obligations hereunder.
1.5 [Intentionally Deleted]
1.6 [Intentionally Deleted]
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $72,304
notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be
Attachment 2
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performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this
Agreement and Contractor’s proposal, attached as Exhibit B, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the
time and in the manner set forth herein. The payments specified below shall be the only payments from
City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to
City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not
bill City for duplicate services performed by more than one person.
Contractor and City acknowledge and agree that compensation paid by City to Contractor under this
Agreement is based upon Contractor’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
▪ The beginning and ending dates of the billing period;
▪ A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
▪ A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
▪ The total number of hours of work performed under the Agreement by Contractor and
each employee, agent, and subcontractor of Contractor performing services
hereunder;
▪ The Contractor’s signature;
▪ Contractor shall give separate notice to the City when the total number of hours
worked by Contractor and any individual employee, agent, or subcontractor of
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Contractor reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Contractor and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
the estimate of time necessary to complete work under any other agreement between
Contractor and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbu rsable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Contractor.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Contractor in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 [Intentionally Deleted]
2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Contractor terminates this
Agreement pursuant to Section 8, the City shall compensate the Contractor for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Contractor shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Contractor is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.10 Liquidated Damages. Failure of Contractor to respond to problems referred to it by City
within the time limits established in Subsection 1.2 of this Agreement shall result in
liquidated damages as set forth in Exhibit A.
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Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Contractor only the facilit ies and equipment listed
in this section, and only under the terms and conditions set forth herein. Contractor shall make a written
request to City to use facilities or equipment not otherwise listed herein.
City shall furnish physical facilities including gymnasium and athletic fields. In no event shall City be
obligated to furnish any facility that may involve incurring any direct expense, including but not limited to
computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
3.1 Safety Requirements. In accordance with generally accepted construction practices and
state law, Contractor shall be solely and completely responsible for conditions on the
jobsite, including safety of all persons and property during performance of the work. This
requirement shall apply continuously and not be limited to normal working hours.
Contractor shall take all necessary precautions and provide all necessary safeguards to
prevent personal injury and property damage. Con tractor shall provide protection for all
persons including, but not limited to, its employees and employees of its subcontractors;
members of the public; and employees, agents, and representatives of the City and
regulatory agencies that may be on or about the work.
The services of the City in conducting review and inspection of Contractor's performance is
not intended to include review of the adequacy of Contractor's work methods, equipment,
bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.
All work and materials shall be in strict accordance with all applicable state, city, county,
and federal rules, regulations and codes, with specific attention to the United States
Department of Labor Occupational Health and Safety Administration (OSHA)
requirements. Contractor shall be solely responsible for compliance with all city, county,
and state explosive transport, storage, and blasting requirements and for any damages
caused by such operations.
Contractor is hereby informed that work on City property could be hazardous. Contractor
shall carefully instruct all personnel working on City property that all conditions of the
property are potentially hazardous work areas as to potential dangers and sh all provide
such necessary safety equipment and instructions as are necessary to prevent injury to
personnel and damage to property. Special care shall be exercised relative to work
underground.
In addition to complying with all other safety regulations, Contractor shall abide by any and
all other City requirements contained in any specifications, special conditions or manuals,
which shall be made available by City upon request.
Contractor shall provide and maintain all necessary safety equipment such as fences,
barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment
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and shall take such other action as is required to fulfill its obligations under this section. It
is the intent of the City to provide a safe working environment under normal conditions.
CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE
INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED
SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE
TO PATHOGENS.
Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition
at all times. If required by the City, toilets shall be furnished by Contractor where needed
for use of its employees and their use shall be strictly enforced. Contractor shall not use
the City's existing sanitary facilities, unless previously authorized by the City.
Contractor shall keep adequate first aid facilities and supplies available and instruction in
first aid for its employees shall be given.
City reserves the right to require that Contractor bring onto the project or engage the
services of a licensed safety engineer at any time during the term of this Agreement. If
Contractor does not have a licensed safety engineer on staff, then City may require that
Contractor engage a subcontractor or subconsultant as the project’s safety engineer.
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise f rom or in
connection with the performance of the work hereunder by the Contractor and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Contractor shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow
any subcontractor to commence work on any subcontract until Contractor has obtained all insurance
required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.
VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS
AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for
the duration of this Agreement.
4.1 [Intentionally Deleted]
4.1.1 [Intentionally Deleted]
4.1.2 [Intentionally Deleted]
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
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not less than $2,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $2,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including dea th resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including the use of owned and non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
“occurrence” basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Contractor; or automobiles owned,
leased, hired, or borrowed by the Contractor.
c. Contractor hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsements that may be necessary to
affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Contractor’s insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Contractor’s insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
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b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 All Policies Requirements.
4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Contractor shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Contractor by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Contractor beginning work,
it shall not waive the Contractor’s obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and
obtain the written approval of City for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its officers,
employees, and volunteers; or the Contractor shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.3.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting”
policy limit (i.e. limit that is eroded by the cost of defense).
4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days’ prior written notice has been provided to the City.
4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following r emedies, which
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are alternatives to other remedies City may have and are not the exclusive remedy for
Contractor’s breach:
▪ Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
▪ Order Contractor to stop work under this Agreement or withhold any payment that
becomes due to Contractor hereunder, or both stop work and withhold any payment,
until Contractor demonstrates compliance with the requirements hereof; and/or
▪ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor shall
indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials,
employees, agents and volunteers from and against any and all lia bility, loss, damage, claims, expenses,
and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively,
“Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services or
its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by
the sole negligence or willful misconduct of City.
The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s
inability to evaluate Liability or because the Contractor evaluates Liability and determines that the
Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any
claim for defense and indemnity by the City, unless this time has been extended by the City. If the
Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any
other remedy authorized by law, so much of the money due the Contractor under and by virtue of this
Agreement as shall reasonably be considered necessary by the City, may be retained by the City until
disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the
tender of defense, whichever occurs first.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall
be an independent contractor and shall not be an employee of City. This Agreement shall
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not be construed as an agreement for employment. City shall have the right to control
Contractor only insofar as the results of Contractor's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Contractor accomplishes
services rendered pursuant to this Agreement. Contractor further acknowledges that
Contractor performs Services outside the usual course of the City’s business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Contractor performs for the City, and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Contractor and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective
professions. Contractor represents and warrants to City that Contractor and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Contractor and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the
basis of a person’s race, sex, gender, religion (including religious dress and grooming
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practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orienta tion, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a “Protected Characteristic”), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Contractor under this Agreement.
Contractor shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Contractor.
Contractor may cancel this Agreement upon 30 days’ written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Contractor delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Contractor or
prepared by or for Contractor or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Contractor understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Contractor with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Contractor for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this
Agreement contemplates personal performance by Contractor and is based upon a
determination of Contractor’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Contractor shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
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8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Contractor shall survive
the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms
of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different contractor to complete the work described in Exhibit A not
finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the work described
in Exhibit A that is unfinished at the time of breach and the amount that City would
have paid Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Contractor prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Contractor hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Contractor agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Contractor’s Books and Records. Contractor shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Contractor to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
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the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final paymen t under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of an y
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Contractor shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an
employee, agent, appointee, or official of the City. If Contractor was an employee, agent,
appointee, or official of the City in the previous 12 months, Contractor warrants that it did
not participate in any manner in the forming of this Agreement. Contractor understands
that, if this Agreement is made in violation of California Government Code Section 1090 et
seq., the entire Agreement is void and Contractor will not be entitled to any compensation
for services performed pursuant to this Agreement, including reimbursement of expenses,
and Contractor will be required to reimburse the City for any sums paid to the Contractor.
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Contractor understands that, in addition to the foregoing, it may be subject to criminal
prosecution for a violation of California Government Code Section 1090 et seq., and, if
applicable, will be disqualified from holding public office in the S tate of California.
10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.8 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Bay Island Officials Association
Attention: Frank Harbin, President
3601 Virden Avenue
Oakland, CA 94619
Any written notice to City shall be sent to:
City of Dublin
Attention: Brandon Parra, Recreation Coordinator
100 Civic Plaza
Dublin, CA 94568
10.10 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, [and C] represents the entire and integrated
agreement between City and Contractor and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Contractor’s signature below Contractor
certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of
Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN BAY ISLAND OFFICIALS ASSOCIATION
Linda Smith, City Manager Frank Harbin, President
Attest:
Contractor’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070365.1
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City of Dublin and Bay Island Officials Association Exhibit A – Page 1 of 1
EXHIBIT A
SCOPE OF SERVICES
• Provide officials that are trained and qualified to perform services and duties required to officiate
basketball and softball games.
• Softball officials must be certified in Amateur Softball Association (ASA) rules.
• Basketball officials must be certified in California Interscholastic Federation (CIF) rules.
• Provide officiating services for the Adult Basketball (5-on-5) leagues consisting of two officials for
each game (standard).
• Provide officiating services for the Adult Basketball (3-on3) leagues consisting of one official for
each game (standard).
• Provide officiating services for the Youth Basketball leagues consisting of two officials for each
game (standard).
• Provide officiating services for the Youth Basketball leagues consisting of one offi cial for each
game (as requested).
• Provide officiating services for the Adult Softball leagues consisting of two umpires for each game
(standard).
• Officials must arrive in uniform a minimum of 15 minutes prior to each game start time.
• Officials must inspect the field or court prior to the game for safety.
• Officials must inspect equipment prior to play for safety and rules compliance.
• Officials must sign result sheets at the end of each game.
• Officials must work effectively with City Staff.
• Officials must abide by any COVID-19 guidelines required from the County/State, if applicable.
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City of Dublin and Bay Island Officials Association Exhibit B – Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
SPORTS OFFICIATING SERVICES FEES
(July 1, 2021 – June 30, 2022)
LEAGUE: PER GAME FEE:
Adult Basketball League Games (5-on-5)
Officiating fees (2 officials per game)
$61.00
Adult Basketball League Games (3-on-3)
Officiating fees (1 official per game)
$42.00
Youth Basketball League Games
Officiating fees (2 officials per game)
$55.00
Youth Basketball League Games
Officiating fees (1 official per game)
$35.00
Adult Softball League
Officiating fees (2 officials per game)
$60.00
SPORTS OFFICIATING SERVICES FEES
(July 1, 2022 – June 30, 2023)
LEAGUE: PER GAME FEE:
Adult Basketball League Games (5-on-5)
Officiating fees (2 officials per game)
$63.00
Adult Basketball League Games (3-on-3)
Officiating fees (1 official per game)
$44.00
Youth Basketball League Games
Officiating fees (2 officials per game)
$57.00
Youth Basketball League Games
Officiating fees (1 official per game)
$37.00
Adult Softball League
Officiating fees (2 officials per game)
$62.00
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Attachment 3
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Attachment 4
REQUEST FOR PROPOSALS
Basketball and Softball Officiating Services
for Youth and Adult Sports Leagues
Objective: The City of Dublin is requesting service proposals to provide qualified
officials for the City of Dublin’s Youth Basketball, Adult Basketball,
and Adult Softball Leagues.
Proposals Due: Proposals must be received by Monday, May 10, 2021 by 4:00 P.M.
Pacific Standard Time. Proposers shall submit electronic copies by
emailed PDF attachment only. Please do not submit via cloud-based
systems or links. Submissions shall be sent to Stephanie Mein at
stephanie.mein@dublin.ca.gov
Timeline:
TASK DATE
RFP Issued 4/14/2021
Deadline for Questions 4/27/2021
Final Addenda (if needed) 5/3/2021
Proposals Due 5/10/2021
Interviews (if needed) 5/12/2021
City Council Approval 6/1/2021
Contact: Stephanie Mein, Recreation Supervisor
City of Dublin - Parks and Community Services Department
Shannon Community Center
11600 Shannon Avenue, Dublin, CA 94568
(925)556-4504
stephanie.mein@dublin.ca.gov
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I. LEAGUE SUMMARY
The City of Dublin (the “City”) offers a variety of Adult Basketball, Youth Basketball and Adult
Slow-Pitch ASA Softball Leagues throughout the year.
Adult Basketball
Games are played on Sundays (afternoons and evenings) and Mondays (evenings). The
leagues consist of 8-week seasons and the number of games will vary depending on the
number of registered teams. An average year is as follows:
SEASON GAMES
Fall (8 Week Season) 38 Regular Games + 12 Playoff Games = 50 Games Total
Winter (8 Week Season) 42 Regular Games + 12 Playoff Games = 54 Games Total
Spring (8 Week Season) 44 Regular Games + 12 Playoff Games = 56 Games Total
Adult Softball
Games are played on Tuesdays and Thursdays (evenings). The leagues vary between 8-
week and 10-week seasons and number of games will vary depending on the number of
registered teams. An average year is as follows:
SEASON GAMES
Fall (8 Week Season) 60 Regular Games + 12 Playoff Games = 72 Games Total
Spring (10 Week Season) 68 Regular Games + 12 Playoff Games = 80 Games Total
Summer (10 Week Season) 82 Regular Games + 12 Playoff Games = 94 Games Total
Youth Basketball
Games are played on Saturdays (mornings and afternoons). (Please note that some of the
summer league games will be scheduled at an outdoor basketball facility.) An average year
is as follows:
SEASON GAMES
July-Sept 288 Games Total
January-March 316 Games Total
II. RANGE OF SERVICES REQUIRED
• Officials must be trained and qualified to perform services and duties required to officiate
basketball and softball games.
• Softball officials must be certified in Amateur Softball Association (ASA) rules.
• Basketball officials must be certified in California Interscholastic Federation (CIF) rules.
• Provide officiating services for the Adult Basketball leagues consisting of two officials for
each game.
• Provide officiating services for the Youth Basketball leagues consisting of two officials for
each game.
• Provide officiating services for the Adult Softball leagues consisting of two umpires for
each game.
• Officials must arrive in uniform a minimum of 10 minutes prior to each game start time.
• Officials must inspect the field or court prior to the game for safety.
• Officials must inspect equipment prior to play for safety and rules compliance.
• Officials must sign result sheets at the end of each game.
• Officials must work effectively with City Staff.
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• Officials must abide by any COVID-19 guidelines required from the County/State, if
applicable.
III. FINANCIAL RELATIONSHIP
• The proposal must include the rates charged per game for the scope of services described
above.
• The City agrees to pay contractor after services have been provided.
• Detailed invoices must be submitted to the City on a monthly basis in order to process
payments.
• The City has the right to reject/refuse an invoice that is incorrect or if the service is not
provided.
• The City will provide or maintain the supplies and equipment needed for each game
(facility, scorekeeper, scoreboard, balls, and first aid supplies).
IV. SUBMISSION OF THE PROPOSAL
A. Proposers shall submit electronic copies by emailed PDF attachment only. Please do
not submit via cloud-based systems or links.
B. Each submission shall be sent to Stephanie Mein, Recreation Supervisor at:
stephanie.mein@dublin.ca.gov
with the following subject line: RFP for Sports Officiating
C. The City will not pay for any costs incurred in preparation and submission of the
proposals or in anticipation of a contract.
D. Proposals must be received by Monday, May 10, 2021 by 4:00 pm Pacific
Standard Time. Postmarks not accepted; faxes not accepted.
E. Questions regarding this RFP shall only be submitted in writing via email to
Stephanie Mein, Recreation Supervisor at:
stephanie.mein@dublin.ca.gov
All questions must be received via email by April 27, 2021 by 4:00pm.
V. PROPOSAL ACCEPTANCE
Primary consideration will be given to the general appropriateness and completeness of the
proposal for the project, and the proper willingness to work cooperatively with City Staff. The City
reserves the right to reject all proposals.
VI. CITY REQUIREMENTS
The contract will be awarded only to a responsible Proposer. In order to qualify as responsible,
a prospective Proposer must meet the following standards, as they pertain to this Request for
Proposals.
A. The Proposer must have adequate experience, financial resources for performance, and
staffing to coordinate the officiating services as described during the performance period
of the proposed contract.
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B. The Proposer must be able to meet the proposed or required performance schedule.
C. The Proposer must have a satisfactory record of contractual performance.
D. The Proposer must maintain the auditable records, documents and papers for inspection
by authorized City of Dublin representatives.
E. The Proposer must enter into an Agreement for services with the City of Dublin.
F. The Proposer must maintain all liability insurance, and agree to hold the City of Dublin
harmless, consistent with the following: CONTRACTOR further agrees to assume all
hazards and risks which CONTRACTOR may incur in the course of performing this
contract and agrees to indemnity and hold the City of Dublin harmless and release the
City of Dublin, its officers, employees, agents and participants, from any and all liability for
any injury arising out of, or in any way connected with participating in this
program. CONTRACTOR understands that CITY has no accident or Workmen’s
Compensation insurance for persons performing services as an independent contractor.
G. The Proposer must be otherwise qualified and eligible to receive an award under all
applicable laws and regulations.
VII. CITY CRITERIA FOR SELECTING ASSOCIATION
The City’s selection criterion includes, but is not limited to the following:
• The Proposer’s background and capabilities, including its history and areas of
specialization, or particular expertise.
• The relevant experience of the lead person for this contract.
• The team’s ability to meet the City’s schedule and needs.
VIII. SELECTION PROCESS
All proposals are due by Monday, May 10, 2021 by 4:00 P.M.
A Committee of City Staff will review the proposals and select the proposal for approval by the
City Council.
A selection decision may occur by June 1, 2021 and be presented to the City Council for review
and approval at the earliest meeting.
Work will begin following the signing of the Contract and filing of appropriate documents with the
City Clerk.
IX. LIMITATIONS
A. All reports and pertinent data or materials shall be the sole property of the City of Dublin, and
may not be used or reproduced in any form without the explicit written permission of the City.
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B. The City reserves the right to extend the time allotted for the proposal to examine verbally the
bidder in person, and to request and review a best and final offer, should the City deem that
it is in its best interests to do so.
C. This Request for Proposal does not commit the City to award a contract, or to pay any costs
incurred in the preparation of the proposal. The City reserves the right to accept or reject any
or all proposals received as a result of this Request for Proposal, to negotiate with any
qualified Proposer, or to cancel this request in part or in its entirety. The City may require the
selected Proposer to participate in negotiations and to submit such technical, price, or other
revisions to their proposal as may result from negotiations.
Please direct questions to:
Stephanie Mein, Recreation Supervisor
City of Dublin - Parks and Community Services Department
Shannon Community Center
11600 Shannon Avenue, Dublin, CA 94568
(925) 556-4504
stephanie.mein@dublin.ca.gov
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REQUEST FOR PROPOSALS
Basketball and Softball Officiating Services
for Youth and Adult Sports Leagues
OFFICIATING SERVICES - BID FORM (due by 4:00pm on Monday, May 10, 2021)
Name of Organization: _____________________________________________
Contact Person: _____________________________________________
Phone: _____________________________________________
Email: _____________________________________________
Website: _____________________________________________
ADULT BASKETBALL
Total officiating fees for an adult league basketball game (two referees for a 5-on-5 league)
Year 1 $ __________ Year 2 $ __________
Total officiating fees for an adult league basketball game (one referee for a 3-on-3 league or
tournament)
Year 1 $ __________ Year 2 $ __________
YOUTH BASKETBALL
Total officiating fees for a youth league basketball game (two referees for 5-on-5 league)
Year 1 $ __________ Year 2 $ __________
Total officiating fees for a youth league basketball game (one referee or one referee paired
with City Staff referee)
Year 1 $ __________ Year 2 $ __________
ADULT SOFTBALL
Total officiating fees for an adult league softball game (two umpires)
Year 1 $ __________ Year 2 $ __________
Note: Any additional fees (such as assignment fees) are to be included in the total fee.
This bid is for two calendar years, starting with the contract date.
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