Published: December 1, 2019
The Local Agency Formation
Commission of Sonoma County (LAFCO or Sonoma LAFCO) is seeking proposals from
professional service firms to conduct an organizational assessment of Sonoma
LAFCO including its organizational structure, staffing levels, job specifications,
and operational needs. The assessment and its recommendations will support
performance management, employee development and succession planning efforts to
ensure consistency, continuity and reliability in the services that LAFCO
provides to affected agencies and the public and to enhance operations to meet
LAFCO’s current and future needs that are in alignment with its goals.
Sonoma LAFCO is an independent
local agency created by the State Legislature to encourage orderly growth and
development of local agencies. LAFCO’s mission is to promote sustainable growth
and good governance in Sonoma County by preserving agricultural and open space
lands, preventing urban sprawl, encouraging efficient delivery of services,
promoting accountability and transparency of local agencies, and exploring and
facilitating regional opportunities for fiscal sustainability.
Sonoma LAFCO has a Memorandum
of Understanding with the County of Sonoma for staffing and services. LAFCO
staff are County employees within Department Head, Administrative Management,
and Unrepresented bargaining units. The table below illustrates the authorized
position levels, the LAFCO titles, and the equivalent County job
The Assistant Executive
Officer, who has worked for Sonoma LAFCO since 2001, has indicated her
intention to retire in 2020. Based on a recommendation from its staff, the Commission
has determined that this is an appropriate opportunity to assess the status of
the organization with regard to the appropriate level of staffing, job
specifications and reporting relationships, and workload.
A staff report for the
Commission’s November 6, 2019, meeting provides more detailed background on the
reasons for the organizational assessment. Please see the link at the end of
this document to access that staff report.
The consultant shall conduct an
organizational review and assessment of Sonoma LAFCO, including its
organizational structure, staffing levels, job specifications, operational
structure, and workload. The assessment and its recommendations will support
performance management, employee development and succession planning efforts to
ensure consistency, continuity and reliability in the services that LAFCO
provides to affected agencies and the public and help enhance operations to
meet LAFCO’s current and future needs that are in alignment with its goals.
The consultant will collect
the necessary data through research, surveys, interviews, benchmarking, and
other best practices; analyze that data using appropriate methods, tools, and
techniques; and issue a report with findings and recommendations for the Commission’s
review and consideration, including any organizational and structural
vulnerabilities and recommendations on how to better address those
Key steps in the study will include
- The Consultant will conduct an introductory
project review meeting with LAFCO staff, and, if desired, up to three LAFCO
Commissioners, to review the Scope of Services and project schedule.
- The Consultant will collect the necessary data
through research, surveys, interviews, benchmarking, and other best practices
and analyze that data using appropriate methods, tools, and techniques.
- The Consultant will prepare a Draft Report of
the analysis and findings and present it to the Commission’s Budget Committee
for review and consideration.
- Subsequent to review by the Budget Committee, the
Consultant will prepare a Final Report and present it to the Commission at a
A final budget amount for this
project will be negotiated with the firm selected for the work prior to
reaching agreement. The anticipated project cost of the proposal should not
The final schedule will be
negotiated with the firm selected for the work prior to reaching an agreement.
The tentative schedule anticipates that the firm will start work in February
2020, and the Final Report will be presented to the Commission at its meeting on
May 6, 2020 unless the work is complete and ready for presentation at the
Commission’s April 1, 2019, meeting. (Budget Committee review will occur at a
special meeting of the Committee on a prior date.)
Responses to this RFP must
include all the following:
- Cover Letter signed by the individual
authorized to negotiate and execute the agreement.
- Expertise and Personnel: Description of the
firm’s history and the firm’s level of expertise in conducting organizational
assessments for public agencies in the following areas:
structure, staffing, procedures and other issues critical to the effective
operation of small-size public agencies and organizations;
and human resource best practices;
and supervisory best practices;
of analytical and quantitative tools and models needed to undertake the work
required under this RFP; and
small-size public agencies and organizations successfully implement
recommendations that result in organizational improvement
- Project Personnel: Identification of the competencies
and resumes of the principal and all professionals who will be involved in the
work, including the lead professional responsible for the project and
identification of the professional(s) who will be performing the day-to-day work.
- Experiences and References: A statement of
related experience accomplished in the last five years and references for each
such project, including the client name, title, telephone number, and email
address of the primary contact person.
- Work Plan and Schedule: A statement regarding
the anticipated approach for this project, explicitly identifying the major
tasks and sub-tasks associated with the completion of the guidance provided in
the Scope of Services, an overall project schedule, and estimated hours for
- Information about the availability of all
professionals who will be involved in the work, including any associate
- The anticipated project cost, including:
not-to-exceed budget amount.
cost for each major sub-task identified in the Scope of Services
hourly rates for each person who will be involved in the work, including the
rates of any associate consultants.
cost of any expenses in addition to professional staff hourly rates.
DATE AND TIME: Monday,
January 6, 2020, BEFORE 5:00 P.M. Proposals received after this time and
date will not be considered.
TO: Proposals should be submitted
electronically via email to:
Bramfitt at email@example.com, with
a copy to Carole Cooper at firstname.lastname@example.org
Criteria and Selection Process
Firms will be selected for
based on the following criteria:
- Completeness of the submittal and responses
- Relevant work experience
- Overall project approaches identified
- Proposed project budget
Sonoma LAFCO staff will perform
reference checks; select and negotiate a services agreement including a budget,
schedule, and Scope of Services statement with the most qualified firm; and make
a recommendation on the most qualified firm to the Commission’s Budget
Committee for its consideration. The Budget Committee will then make a
recommendation for Commission consideration.
Applicant interviews will be
held during the week of January 13, 2020. The Commission will consider and approve
the contract at its February 5, 2020, meeting.
Sonoma LAFCO reserves the
right to reject any or all proposals, to issue addenda to the RFP, to modify
the RFP or to cancel the RFP.
Mark Bramfitt, Executive Officer
Local Agency Formation Commission of Sonoma
Draft Professional Services Agreement and
refer to the LAFCO website (www.sonomalafco.org) for
general information about Sonoma LAFCO and the following link for further
information on this issue;
6, 2019, Staff Report http://sonomalafco.org/Calendar/20191106-Staff_Report_5-2/
SERVICES AGREEMENT BETWEEN THE LOCAL AGENCY FORMATION COMMISSION OF SONOMA
COUNTY AND _____________ TO PERFORM AN ORGANIZATIONAL ASSESSMENT OF SONOMA
This Agreement (“Agreement”) is made effective on [the
latter date of execution below] by and between the Local Agency Formation
Commission of Sonoma County (“LAFCO” or “Sonoma LAFCO”) and [_____________] (“Contractor”)
to provide consulting services to perform an organizational assessment of LAFCO
including organizational structure, staffing levels, job specifications, and
WHEREAS, pursuant to the Cortese-Knox-Hertzberg Local
Government Reorganization Act of 2000, as amended, Government Code section
56000 et seq., LAFCO is an independent body; and
WHEREAS, LAFCO requires assistance with conducting an
organizational review and assessment; and
WHEREAS, Contractor has experience and expertise
necessary to provide such services; and
WHEREAS, at the Sonoma LAFCO meeting of February 5, 2020,
the Commission approved this Agreement with the Consultant to provide the
services as indicated and authorized the Executive Officer to execute this
THEREFORE, the parties agree as follows:
Contractor will provide to
LAFCO the services described in Exhibit A, Scope of Services, which is attached
hereto and incorporated herein by this reference. Contractor shall perform the
services in accordance with the Project Timeline as described in Exhibit A2,
which is attached hereto and incorporated herein by this reference.
This Agreement is effective
from the date of final execution to and including [date], unless
terminated earlier in accordance with Section 4.
A. Contractor will be compensated for services provided under
this Agreement, in accordance to the Rate Schedule included in Exhibit A3,
which is attached hereto and incorporated herein by this reference. Contractor
will complete all the work and tasks described in Exhibit A for an amount not
to exceed $_______. The Contractor shall be paid based on the Rate Schedule
indicated in Exhibit A3, but compensation and expenses shall not exceed the
maximum compensation stated herein.
B. Contractor will provide LAFCO with task-specific invoices
which shall be accompanied by a detailed summary of activities undertaken over
the course of completing the task.
C. Delivery of the work products identified in Exhibit A shall be
in accordance with the Project Timeline provided in Exhibit A2, which has been
negotiated between the parties prior to the effective date of this Agreement,
or as otherwise determined by mutual written agreement of the parties. If the
reports are not delivered according to such Project Timeline in Exhibit A2 or
as otherwise mutually agreed or if they do not comply with the requirements in
the Scope of Services, it is understood, acknowledged and agreed that LAFCO
will suffer damage. As fixed and liquidated damages, LAFCO shall withhold from
Contractor the payment of the sum of $200.00 per calendar day for each and
every calendar day of delay beyond the date that such reports are due in
accordance with Exhibit A2, or as otherwise mutually agreed. For purposes of
this section, the total cost for each of the tasks shall be consistent with the
Rate Schedule in Exhibit A3.
D. LAFCO shall pay Contractor for its fees and reimbursable
expenses (if applicable) within forty-five (45) days following the date of
receipt of each applicable invoice. If LAFCO contests or questions any invoice,
LAFCO agrees to raise any questions with Contractor within such 45-day period.
A. Termination Without Cause. LAFCO may terminate this Agreement
without cause by giving thirty (30) days written notice.
B. Termination With Cause. LAFCO may terminate this Agreement
for cause upon written notice to Contractor. For purposes of this Agreement,
cause includes, but is not limited to, any of the following: (1) material
breach of this Agreement by Contractor; (2) violation by Contractor of any
applicable laws; (3) assignment by Contractor of this Agreement without the
written consent of LAFCO pursuant to Section 13; (4) failure to provide
services in a satisfactory manner. Such notice shall specify the reason for
termination and shall indicate the effective date of such termination.
C. In the event of termination, Contractor will deliver to LAFCO
copies of all reports and other work performed by Contractor under this
Agreement, whether complete or incomplete, and upon receipt thereof, Contractor
will be compensated based on the completion of services provided, as solely and
reasonably determined by LAFCO.
A. Contractor designates ________ as the Contractor’s Project
Manager for the purpose of performing the services under this Agreement. _______
will serve as day-to-day contact for LAFCO and work directly with staff and/or
the LAFCO Budget Committee.
B. LAFCO designates the LAFCO Executive Officer as its Project
Manager for the purpose of managing the services performed under this
C. Contractor may not substitute anyone other than ______ to
serve as Project Manager without the written permission of the LAFCO Executive
Officer or his authorized representative. Any such substitution shall be with a
person or firm of commensurate experience and knowledge necessary for the tasks
to be undertaken.
In accepting this Agreement, Contractor
covenants that it presently has no interest and will not acquire any interest,
direct or indirect, financial, or otherwise, which would conflict in any manner
or degree with the performance of the Services.
Contractor further covenants
that, in the performance of this Agreement, it will not employ any contractor
or person having such an interest.
and insurance obligations with respect to this Agreement are set forth in Exhibit
B, attached hereto and incorporated herein by this reference.
with all Laws.
Contractor shall, during the
term of this contract, comply with all applicable federal, state, and local
rules, regulations, and laws.
9. Maintenance of Records.
Contractor shall maintain financial
records adequate to show that LAFCO funds paid under this Agreement were used
for purposes consistent with the terms of the Agreement. These records shall be
maintained during the term of this Agreement and for a period of three (3)
years from termination of this contract or until all claims, if any, have been
resolved, whichever period is longer, or longer if otherwise required under
other provisions of this Agreement.
Contractor will comply with
all applicable federal, state, and local laws and regulations. Such laws
include, but are not limited to, the following: Title VII of the Civil Rights
Act of 1964 as amended; Americans with Disabilities Act of 1990; The
Rehabilitation Act of 1973 (Sections 503 and 504); California Fair Employment
and Housing Act (Government Code sections 12900 et seq.); California Labor Code
sections 1101 and 1102. Contractor will not discriminate against any
subcontractor, employee, or applicant for employment because of age, race,
color, national origin, ancestry, religion, sex/gender, sexual orientation,
mental disability, physical disability, medical condition, political beliefs,
organizational affiliations, or marital status in the recruitment, selection
for training including apprenticeship, hiring, employment utilization,
promotion, layoff, rates of pay or other forms of compensation. Nor will
Contractor discriminate in provision of services provided under this Agreement
because of age, race, color, national origin, ancestry, religion, sex/gender,
sexual orientation, mental disability, physical disability, medical condition,
political beliefs, organizational affiliations, or marital status.
All notices required by this
Agreement will be deemed given when in writing and delivered personally or
deposited in the United States mail, postage or prepaid, return receipt
requested, addressed to the other party at the address set forth below or at
such other address as the party may designate in writing in accordance with
To Contractor: __________________________
LAFCO Executive Officer
Santa Rosa Avenue, Suite 240
Santa Rosa, CA 95404
12. Governing Law.
This Agreement has been
executed and delivered in, and will be construed and enforced in accordance
with, the laws of the State of California. The venue shall be Sonoma County.
Contractor has been selected
to perform services under this Agreement based on the qualifications and
experience of Contractor’s personnel. Contractor may not assign this Agreement
or the rights and obligations hereunder without the specific written consent of
LAFCO. Any attempted assignment or subcontract without prior written consent
will be null and void and will be cause, in LAFCO’s sole and absolute
discretion, for immediate termination of the Agreement.
14. Relationship of Parties; Independent
Contractor will perform all
work and services described herein as an independent contractor and not as an officer,
agent, servant, or employee of LAFCO. None of the provisions of this Agreement
is intended to create, nor shall be deemed or construed to create, any
relationship between the parties other than that of independent parties
contracting with each other for purpose of effecting the provisions of this
Agreement. The parties are not, and will not be construed to be, in a
relationship of joint venture, partnership, or employer-employee. Neither party
has the authority to make any statements, representations, or commitments of
any kind on behalf of the other part or to use the name of the other party in
any publications or advertisements, except with the written consent of the
other party or as is explicitly provided herein. Contractor will be solely
responsible for the acts and omissions of its officers, agents, employees,
contractors, and subcontractors, if any.
15. Entire Agreement.
This document represents the
entire Agreement between the parties with respect to the subject matter hereof.
All prior negotiations and written and/or oral agreements between the parties
with respect to the subject matter of this Agreement are merged into this
This Agreement may be amended
only by an instrument signed by the parties.
This Agreement may be executed
in one or more counterparts, each of which shall be deemed to be an original,
but all of which together shall constitute one and the same instrument.
If any provision of this
Agreement is found by a court of competent jurisdiction to be void, invalid, or
unenforceable, the same will either be reformed to comply with applicable law
or stricken if not so conformable, so as not to affect the validity or
enforceability of this Agreement.
No delay or failure to require
performance of any provision of this Agreement shall constitute a waiver of
that provision as to that or any other instance. Any waiver granted by a party
must be in writing and shall apply to the specific instance expressly stated.
20. Ownership of Materials and Disclosure of
All reports, original
drawings, graphics, plan, studies, and other date or documents (“documents”),
in whatever form or format, assembled or prepared by Contractor or Contractor’s
subcontractors, and other agents in connection with this Agreement shall be the
property of LAFCO. LAFCO shall be entitled to immediate possession of such
documents upon completion of the work pursuant to this Agreement. Upon
expiration or termination of this Agreement, Contractor shall promptly deliver
to LAFCO all such documents, which has not already been provided to LAFCO in
such form or format as LAFCO deems appropriate. Such documents shall be and
will remain the property of LAFCO without restriction or limitation. Contractor
may retain copies of the above-described documents but agrees not to disclose
or discuss any information gathered, discovered, or generated in any way
through this Agreement without the express written permission of LAFCO. In the
event of termination, Contractor, within 14 days following the date of
termination, shall deliver to LAFCO all reports, original drawings, graphics,
plans, studies, and other data or documents, in whatever form or format,
assembled or prepared by Contractor or Contractor’s subcontractors, and other
agents in connection with this Agreement and shall submit to LAFCO an invoice
showing the services performed, hours worked, and copies of receipts for
reimbursable expenses up to the date of termination.
IN WITNESS WHEREOF, LAFCO and
Contractor have executed this Agreement as follows:
LAFCO Executive Officer ______________________
Date: ____________ Date:
APPROVED AS TO FORM:
Ball, LAFCO Counsel
A: Scope of Services
A2: Project Timeline
A3: Rate Schedule
B: INDEMNITY AND INSURANCE
Contractor agrees to accept
all responsibility for loss or damage to any person or entity, including LAFCO,
and to indemnify, hold harmless, and release LAFCO, its officers, agents, and
employees, from and against any actions, claims, damages, liabilities,
disabilities, or expenses, that may be asserted by any person or entity,
including Contractor, that arise out of, pertain to, or relate to Contractor’s or
its agents’, employees’, contractors’, subcontractors’, or invitees’
performance or obligations under this Agreement. Contractor agrees to provide a complete
defense for any claim or action brought against LAFCO based upon a claim
relating to such Contractor’s or its agents’, employees’, contractors’,
subcontractors’, or invitees’ performance or obligations under this
Agreement. Contractor’s obligations
under this Section apply whether or not there is concurrent or contributory
negligence on LAFCO’s part, but to the extent required by law, excluding
liability due to LAFCO’s conduct. LAFCO
shall have the right to select its legal counsel at Contractor’s expense,
subject to Contractor’s approval, which shall not be unreasonably
withheld. This indemnification
obligation is not limited in any way by any limitation on the amount or type of
damages or compensation payable to or for Contractor or its agents under
workers' compensation acts, disability benefits acts, or other employee benefit
Without limiting the
Contractor’s indemnification of LAFCO, with respect to performance of work
under this Agreement, Contractor shall maintain and shall require all of its
subcontractors, Contractors, and other agents to maintain insurance as
described below unless such insurance has been expressly waived by the
attachment of a Waiver of Insurance Requirements. Any requirement for
insurance to be maintained after completion of the work shall survive this
LAFCO reserves the right to
review any and all of the required insurance policies and/or endorsements but
has no obligation to do so. Failure to demand evidence of full compliance with
the insurance requirements set forth in this Agreement or failure to identify
any insurance deficiency shall not relieve Contractor from, nor be construed or
deemed a waiver of, its obligation to maintain the required insurance at all
times during the performance of this Agreement.
Compensation and Employers Liability Insurance
Required if Contractor has employees as defined by the
Labor Code of the State of California.
Workers Compensation insurance with statutory limits as
required by the Labor Code of the State of California.
Employers Liability with minimum limits of $1,000,000 per
Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy.
Evidence of Insurance: Certificate of Insurance.
If Contractor currently has no
employees as defined by the Labor Code of the State of California, Contractor
agrees to obtain the above-specified Workers Compensation and Employers
Liability insurance should employees be engaged during the term of this
Agreement or any extensions of the term.
Commercial General Liability Insurance on a standard
occurrence form, no less broad than Insurance Services Office (ISO) form CG 00
Minimum Limits: $1,000,000 per Occurrence; $2,000,000
General Aggregate; $2,000,000 Products/Completed Operations Aggregate. The
required limits may be provided by a combination of General Liability Insurance
and Commercial Excess or Commercial Umbrella Liability Insurance. If Contractor
maintains higher limits than the specified minimum limits, LAFCO requires and
shall be entitled to coverage for the higher limits maintained by Contractor.
Any deductible or self-insured retention shall be shown on
the Certificate of Insurance. If the deductible or self-insured retention
exceeds $25,000, it must be approved in advance by LAFCO. Contractor is
responsible for any deductible or self-insured retention and shall fund it upon
LAFCO’s written request, regardless of whether Contractor has a claim against
the insurance or is named as a party in any action involving the LAFCO.
Sonoma County Local Agency Formation Commission shall be
endorsed as additional insureds for liability arising out of operations by or
on behalf of the Contractor in the performance of this Agreement.
The insurance provided to the additional insureds shall be
primary to, and non-contributory with, any insurance or self-insurance program
maintained by them.
The policy definition of “insured contract” shall include
assumptions of liability arising out of both ongoing operations and the
products-completed operations hazard (broad form contractual liability coverage
including the “f” definition of insured contract in ISO form CG 00 01, or
The policy shall cover inter-insured suits between the
additional insureds and Contractor and include a “separation of insureds” or
“severability” clause which treats each insured separately.
Evidence of Insurance:
Copy of the additional insured endorsement or policy
language granting additional insured status; and
Certificate of Insurance.
Minimum Limit: $1,000,000 combined single limit per
accident. The required limit may be provided by a combination of Automobile
Liability Insurance and Commercial Excess or Commercial Umbrella Liability
Insurance shall cover all owned autos. If Contractor
currently owns no autos, Contractor agrees to obtain such insurance should any
autos be acquired during the term of this Agreement or any extensions of the
Insurance shall cover hired and non-owned autos.
Evidence of Insurance: Certificate of Insurance.
for Insurance Companies
other than the California State Compensation Insurance Fund, shall have an A.M.
Best's rating of at least A:VII.
The Certificate of Insurance must include the following reference: Sonoma LAFCO assessment.
All required Evidence of Insurance shall be submitted prior
to the execution of this Agreement. Contractor agrees to maintain current
Evidence of Insurance on file with LAFCO for the entire term of this Agreement
and any additional periods if specified in Sections 1, 2 or 3 above.
The name and address for Additional Insured endorsements
and Certificates of Insurance is: LAFCO,
111 Santa Rosa Ave, Ste. 240, Santa
Rosa, CA 95404.
Required Evidence of Insurance shall be submitted for any
renewal or replacement of a policy that already exists, at least ten (10) days
before expiration or other termination of the existing policy.
Contractor shall provide immediate written notice if: (1)
any of the required insurance policies is terminated; (2) the limits of any of
the required policies are reduced; or (3) the deductible or self-insured
retention is increased.
Upon written request, certified copies of required
insurance policies must be provided within thirty (30) days.
indemnity and other obligations shall not be limited by the foregoing insurance
Contractor fails to maintain insurance which is required pursuant to this
Agreement, it shall be deemed a material breach of this Agreement. LAFCO, at
its sole option, may terminate this Agreement and obtain damages from
Contractor resulting from said breach. Alternatively, LAFCO may purchase the
required insurance, and without further notice to Contractor, LAFCO may deduct from
sums due to Contractor any premium costs advanced by LAFCO for such insurance.
These remedies shall be in addition to any other remedies available to LAFCO.