$1,308,987.71 and a 10% contingency in the amount of $130,898.77 for a total project budget of $1,439,886.48 and rejecting all other bids.
SECTION 2. City Council authorizes the City Manager or his designee to make necessary budget adjustments, appropriations and transfers related to the Construction Agreement for Project No. 2024-01, “Citywide Street Overlay” and to approve change orders within the 10% contingency.
SECTION 3. The City Manager is authorized to execute the Construction Agreement with Vance Corporation for Project No. 2024-01, “Citywide Street Overlay”.
PASSED, APPROVED AND ADOPTED this 11th day of June 2024.
Alberto Sanchez, Mayor
City of Banning
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:
Serita R. Young, City Attorney
Richards, Watson & Gershon
390
Resolution 2024-89
CERTIFICATION:
I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-89, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 11th day of June 2024 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
391
Resolution 2024-89
Exhibit A
Construction Agreement
392
C-1
CONTRACT (C01039)
CITY OF BANNING CONTRACT FOR
CITYWIDE STREET OVERLAY & IFB 2024-01
THIS CONTRACT (“Contract”) is made and entered this ___________________ (“Effective Date”), by and between the CITY OF BANNING, a California municipal corporation (“City”) and Epsilon Engineering Inc. a California Corporation (“Contractor”). Contractor’s California State Contractor’s license number is 414567; Class A, C31). Contractor’s DIR registration number is 1000008103.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any post-Bid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are incorporated herein by reference.
2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Citywide Street Outlay (“Project”), as described in this Contract and in the Contract Documents.
3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of One Million Three Hundred Eight Thousand Nine Hundred Eighty-Seven Dollars and Seventy-One Cents ($1,308,987.71) in accordance with the prices as submitted in the Bid.
4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).
5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.
7. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
393
C-2
8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
10. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements.
This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.
11. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
12. Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
CITY OF BANNING
City Council Approval: ______________ By:
City Manager Date
ATTEST: APPROVED AS TO FORM:
By: By:
Administrative City Clerk Date City Attorney Date
(“CONTRACTOR”)
By:
Name: Date
Title:
By:
Name: Date
Title:
394
Vance Corporation
Bid Schedule
Line Item Description Quantity UOM Unit Cost Total
1 MOBILIZATION AND DEMOBILIZATION (5% MAXIMUM
OF TOTAL BID PRICE) 1 L.S. $54,643.07 $54,643.07
2 PERMITS AND LICENSES 1 L.S. $20,417.70 $20,417.70
3 TRAFFIC CONTROL AND SURVEYING/STAKING 1 L.S. $72,022.29 $72,022.29 4 NPDES COMPLIANCE 1 L.S. $8,331.64 $8,331.64
5 CLEARING AND GRUBBING 1 L.S. $4,722.63 $4,722.63
6 COLD PLANE/GRIND FULL WIDTH OF ASPHALT
CONCRETE PAVEMENT (1 1/2” THICKNESS) 452030 S.F. $.24 $108,487.20 7 REMOVAL OF ALL EXISTING TRAFFIC STRIPING AND
PAVEMENT MARKINGS; INSTALLATION OF NEW TRAFFIC
STRIPING (WITH CORRESPONDING RAISED PAVEMENT
MARKER DETAIL WITH ALL NEW NON-REFLECTORIZED
AND REFLECTORIZED RAISED PAVEMENT MARKERS)
AND INSTALLATION OF THERMO- PLASTIC PAVEMENT
MARKINGS FOR AC OVERLAY STREETS.
1 L.S. $47,085.82 $47,085.82
8 CONSTRUCT ASPHALT CONCRETE OVERLAY (2") 5792 TON $104.59 $605,785.28 9 CRACK-SEALING AND CRACK-FILLING OF EXISTING A.C.
PAVEMENT FOR ALL AC OVERLAY STREETS; AND ALL
OTHER APPURTENANT WORK.
1 L.S. $38,290.71 $38,290.71
10 REMOVE AND REPLACE ASPHALT CONCRETE (AC)
PAVEMENT TO SUBGRADE (3” TO 5” IN DEPTH).
200 TON $129.40 $25,880.00
11 REMOVE AND REPLACE H.C. ACCESS RAMP PER CITY OF
BANNING STANDARD NO. C-214 OR C-215.
15 EA $7,158.57 $107,378.55
12 REMOVE AND REPLACE P.C.C. SIDEWALK PER CITY OF
BANNING STANDARD. 4278 S.F. $13.64 $58,351.92
13 REMOVE AND REPLACE P.C.C. CURB AND GUTTER (6” &
8” CURB FACE). 284 L.F. $85.22 $24,202.48
14 REMOVE AND REPLACE DRIVEWAY APPROACH PER CITY
OF BANNING STANDARD.
690 S.F. $18.18 $12,544.20
15 REMOVE AND REPLACE X-GUTTER AND SPANDREL PER
CITY STANDARD. 2876 S.F. $21.59 $62,092.84
16 ADJUST WATER VALVE TO GRADE 46 EA $78.99 $3,633.54
17 ADJUST GAS CAN TO GRADE 3 EA $556.60 $1,669.80
18 ADJUST CLEAN OUT TO GRADE 6 EA $618.44 $3,710.64
19 ADJUST SEWER/SD MANHOLE TO GRADE 31 EA $702.78 $21,786.18 20 GUARDRAIL REPAIR – REMOVE AND REPLACE DAMAGED
METAL BEAM GUARDRAIL (INCLUDING 8 WOOD POSTS
WITH WOOD BLOCKS) PER CALTRANS STANDARD AT
4545 W. RAMSEY STREET.
1 L.S. $17,709.89 $17,709.89
21 REMOVE ONE (1) TREE IN FRONT OF 553 HERMOSA
STREET. 1 L.S. $5,059.97 $5,059.97
22 RELOCATE/REPLACE MAILBOX ON HERMOSA STREET. 4 EA $613.59 $2,454.36 23 REMOVE AND REPLACE 5’ X 6’ X 8” THICK CONCRETE
PANELS AT 176 E. LINCOLN STREET (CITY YARD – FLEET
MAINTENANCE).
30 S.F. $90.90 $2,727.00
Total $1,308,987.71
395
396
3/14/2024
AC Overlay (2") Streets
Street Name Area (S.F.) AC (Ton)
Nicolet Street 1,162 90,710
Wilson Street 1,769 138,080
8th Street 688 53,680
4th Street 275 21,490
4th Street 622 48,510
Hermosa Street 338 26,360
April Lane 422 32,920
12th Street 516 40,280
Total: 5,792 452,030
Ramp, Sidewalk, Curb & Gutter, X-Gutter, Spandrel, and Driveway Approach (R&R) Locations:
Location:
R&R Sidewalk
(S.F.) R&R C&G (L.F.)
R&R Type II
Ramp (EA)
R&R Res.
Driveway
Approach (S.F.)
R&R X-Gutter
(S.F.)
R&R Spandrel
(S.F.)
Nicolet St, 630 E. 63 32
Nicolet St, 694 E. 348
Nicolet St, 728 E. 104 17
Wilson/Murry NE Corner 25 1 216 204
Wilson/Murry NW Corner 25 1 204
8th St/George NW Corner 25 1 198
8th St/George SW Corner 79 1 36 190
8th St/George NE Corner 32 35 1
8th St/George SE Corner 123 34 1
8th St/Cottonwood NWC 23 1 176
8th St/Cottonwood SWC 27 1 216 176
8th St/Cottonwood NEC ?
8th St/Cottonwood SEC 123 34 1
8th St/Christie NEC 72 37 1
8th St/Christie SEC 84 34 1
4th St/George SWC 1
4th St, 577 180
4th St, 525 30 80
4th St, 511 33
4th St, 495 45
4th St, 485 189
4th St, 469 30
4th St, 457 105 260
4th St, 441 28 21
4th St, 427 239 20
4th St, 448 80
4th St, 464 45
City of Banning
Public Works Department
Engineering Division
Project No. 2024-01 "Citywide Street Overlay"
Hargrave Street
Begin End
Alessandro Road
Westward Avenue
Westward Avenue
8th Street
Wilson Street
Ramsey Street
George Street
Lincoln Street
Cul-de-sac
South End
Alessandro Road
Nicolet Street
Livington Street
Nicolet Street
Barbour Street
4th St, 536 140
4th St, 554 60
Hermosa/Lincoln SWC 1 216 204
Hermosa (Lincoln to 447) 1012
Hermosa St, 553 234
Hermosa/Barbour NWC 1 216 204
Hermosa St, n/o 447 350
Florida/Barbour NEC 475 1 216 204
Hoffer St., 1481 W 20
Paseo De Sol, 871 100
Paseo De Sol, 899 100
Total 4,278 284 15 690 1,116 1,760
Other Miscellenous Removal and Replacement:
4545 W. Ramsey St - Remove and replace damaged metal beam guardrail 553 Hermosa St - Remove one (1) tree
Hermosa St (b/w Lincoln & Barbour) - Relocate/Replace 4 mail boxes City Corporated Yard (Fleet Maintenance) - Remove and Replace 5' x 6' x 8" thick concrete panels.
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Holly Stuart, Public Works Program Manager Arturo Vela, Director of Public Works
MEETING DATE: June 11, 2024
SUBJECT: Consideration of Resolution 2024-90, Approving Amendment No. 1 to the Custodial Services Agreement with Executive Facilities Services in the Amount of $221,492.44 for FY 2024/2025 Custodial Services at City Facilities
RECOMMENDATION:
Adopt Resolution 2024-90.
BACKGROUND:
On May 23, 2023, Resolution 2023-92 was approved awarding a Custodial Services Agreement to EFS in the amount of $184,752.42 with the option to renew four (4) additional single year periods. Upon annual review of services, staff recommends a contract extension for a one-year period.
The scope of work for services includes five (5) days per week facility maintenance of the Civic Center, City Yard and Banning Police Department. The Banning Water Shop and park restrooms require services three (3) days per week and the Community/Senior Centers shall be limited to quarterly floor and window cleanings as shown in the detailed specifications attached hereto under the original agreement. Additional compensation for Fiscal Year 2024/2025 services amounts to $191,628.28 which includes $2,500 for services as needed.
In addition to custodial services, janitorial supplies (e.g., toilet paper, hand soap, paper towels, etc.) will be provided under the amended agreement which includes all labor for inventory maintenance, ordering, delivery and stocking of supplies for all City facilities serviced under the agreement. Janitorial supplies provided under this amendment will be equitable or superior to the product currently stocked by staff.
Cleaning supplies and related expenses are already included and provided under the services portion of the agreement. The addition of consumable janitorial supplies for Fiscal Year 2024/2025 will increase compensation by $29,863.96 which includes $2,500 for additional supplies as needed.
To briefly review the current supply procurement process, for Fiscal Year 2023, supplies were acquired from a separate vendor which only supplied product. The burden of inventory maintenance, ordering and stocking was the responsibility of Building Maintenance Division staff. At times, in addition to limited staff resources, the current process experienced supply gaps and deficiencies in stocking. The cost of janitorial supply products amounted to approximately $23,000 for Fiscal Year 2023/2024, which does not include the cost for City staff to manage the purchasing and stocking of janitorial supplies.
In regard to janitorial supplies, it is also important to note that products that will be provided by EFS will meet State recycled-content paper requirements outlined by Senate Bill 1383 and summarized below. 399
Beginning January 1, 2022, SB 1383 requires jurisdictions to purchase recycled-content paper products that are recycled:
Toilet paper shall consist of at least 45 percent, by fiber weight, postconsumer recycled content fiber
Paper towels shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber
Toilet seat covers shall consist of at least 20 percent, by fiber weight, postconsumer recycled content fiber
If approved, Amendment No.1 will increase compensation of the agreement by $221,492.44 and the total agreement will amount to $406,244.66 with the remaining option to renew three (3) additional single years.
JUSTIFICATION:
Custodial services are needed to provide regular scheduled custodial services to effectively, efficiently and safely maintain a high level of cleanliness for City facilities. Upon evaluating the existing services provided by EFS, staff recommends the contract renewal and processing of Amendment No 1. If approved, three (3) additional single year renewals remain.
FISCAL IMPACT:
Amendment No. 1 is budgeted and will be funded by the operational budget of Building and Maintenance, Account 704-3200-412.33-18 (Custodian Services).
ALTERNATIVES:
1. Adopt Resolution 2024-90 as recommended.
2. Adopt Resolution 2024-90 with modifications.
3. Do not approve Resolution 2024-90 and provide alternative direction to staff. The City Council may choose to reject this action which would result in an interruption of services in custodial services of City properties. The City does not have staff resources to perform the janitorial maintenance tasks.
ATTACHMENTS:
1. Resolution 2024-90, EFS Custodial.docx
2. Exhibit A - Amend No.1 to CSA for Custodial Services C00845.docx
3. Location Rate Cost Breakdown.pdf
4. EFS Original Agreement.pdf
400
Resolution 2024-90
RESOLUTION 2024-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE CUSTODIAL SERVICES AGREEMENT WITH EXECUTIVE FACILITIES SERVICES IN THE AMOUNT OF $221,492.44 FOR FISCAL YEAR 2024/2025 CUSTODIAL SERVICES AT CITY FACILITIES
WHEREAS, on May 23, 2023, Resolution 2023-92 was approved awarding a Custodial Services Agreement to EFS in the amount of $184,752.42 with the option to renew for four (4) additional single year periods; and
WHEREAS, Amendment No. 1 will increase the monthly custodial services agreement for FY 2024/2025 in the amount of $191,628.28 which includes $2,500 for services as needed; and WHEREAS, in addition to monthly custodial services, janitorial supplies (e.g., toilet paper, hand soap, paper towels, etc.) will be provided under the amended agreement in the amount of $29,863.96 which includes $2,500 for supplies as need and includes monthly inventory maintenance, ordering, delivery and stocking of supplies for all City facilities under the agreement; and WHEREAS, Amendment No. 1 in total for services and supplies will extend the term of the agreement through FY 2024/2025 and increase compensation by $221,492.44; and operational costs have been included in the biennial budget Building Maintenance Fund, Account 704-3200- 412.33-15 and funds will be distributed to the appropriate area via an interfund transfer.
WHEREAS, the total agreement amounts to $406,244.66.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves Amendment No. 1 to the City Properties Custodial Services Agreement with Executive Facilities Services in the amount of $221,492.44 for Fiscal Year 2024/2025.
SECTION 2. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.
SECTION 3. City Council authorizes the City Manager to make necessary non-substantive changes and to execute Amendment No. 1 with Executive Facilities Services for Fiscal Year 2024/2025.
SECTION 4. The City Clerk shall certify the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 11th day of June 2024.
Alberto Sanchez, Mayor
City of Banning
401
Resolution 2024-90
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:
Serita R. Young, City Attorney
Richards, Watson & Gershon
402
Resolution 2024-90
CERTIFICATION:
I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-90, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 11th day of June 2024 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
403
Resolution 2024-90
Exhibit A
Amendment No. 1 with Executive Facilities Services
FY 2024/2025 Custodial Services at City Facilities
404
AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT
(C00845) FOR CUSTODIAL SERVICES AND BETWEEN CITY OF
BANNING AND EXECUTIVE FACILITIES SERVICES, INC.
THIS AMENDMENT NO. 1 TO THE CONTRACT SERVICES AGREEMENT FOR SERVICES (“Amendment No. 1”) by and between the CITY OF BANNING (“City”) and EXECUTIVE FACILITIES SERVICES, INC., a California corporation (“Contractor”) is effective as of this day: ______________.
RECITALS
A. City and Contractor entered into that certain Contract dated June 7, 2023 for the purpose of providing Custodial Services (“Agreement”) following Request for Proposals (RFP No. 23-023), as approved by City Council Resolution 2023-92.
B. City and Contractor now desire to amend the Agreement to extend the Term of the Agreement to June 30, 2025, and increase the Contract Sum to Four Hundred Six Thousand Two Hundred Forty-Four Dollars and Eighty-Six Cents ($406,244.86).
The Parties therefore agree follows:
1. Amended Terms. The Agreement is hereby amended as follows:
1.1 The Scope of Services as set forth in Section 1.1 of and Exhibit A to the Agreement is hereby amended to include the Services set forth in Attachment 1, attached hereto and incorporated herein.
1.2 The maximum compensation for the Services performed pursuant to this Amendment No. 1 shall not exceed Two Hundred Twenty-One Thousand Four Hundred Ninety-Two Dollars and Forty-Four Cents ($221,492.44) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to Four Hundred Six Thousand Two Hundred Forty-Four Dollars and Eighty-Six Cents ($406,244.86).
1.3 The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through June 30, 2025, unless sooner terminated or extended as provided in the Agreement.
1.4 Exhibit C-1 to the Agreement is hereby amended to read as set forth in Attachment 2, attached hereto and incorporated herein.
2. Miscellaneous Provisions
2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1. In the event of a conflict between the provisions 405
of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control.
2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 1.
2.3 Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
2.4 Counterparts. This Amendment No. 1 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
406
The Parties are signing this Amendment No. 1 on the date stated in the introductory clause.
CITY OF BANNING CONTRACTOR
Douglas Schulze,
City Manager
NAME:
TITLE:
City Council Approval: _______________ NAME:
TITLE:
ATTEST:
Caroline Patton
Administrative City Clerk
APPROVED AS TO FORM:
Richards, Watson & Gershon
Serita R. Young
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
407
ATTACHMENT 2
The Contractor shall provide and stock soap for dispensers, trash liners and paper products:
toilet tissue, seat liners, and paper towels, for the services set forth in the specifications of Exhibit A of the Agreement. Contractor shall provide an itemized list of the consumables utilized by service area as part of the monthly invoice for reimbursement. 408
ATTACHMENT 2
Rates and projected consumables
409
410
ADDITIONAL
2025 IMPACT UPON CA
2023-24 HOURS MINIMUM PAYROLL TAXES & 3 MANDATED MONTHLY 2024-25
MONTHLY RATE PER WAGE WORKERS COMP CA INCREASE MONTHLY RATE
LOCATION MONTH INCREASE INSURANCE SICK PAY PAYROLL BASED
EXPENSES
CITY HALL $ 3,902.11 108.33 $ 1.00 $ 0.35 $ 0.42 146.67 $ 4,048.78 CITY YARD $ 2,731.37 75.83 $ 1.00 $ 0.35 $ 0.42 102.80 $ 2,834.17 POLICE DEPARTMENT $ 5,072.38 140.83 $ 1.00 $ 0.35 $ 0.42 190.55 $ 5,262.93 FLEET MAINTENANCE $ 390.21 10.83 $ 1.00 $ 0.35 $ 0.42 15.05 $ 405.26 WATER SHOP $ 702.03 19.50 $ 1.00 $ 0.35 $ 0.42 26.75 $ 728.78 COMMUNITY AND SENIOR CENTER $ 516.58 14.00 $ 1.00 $ 0.35 $ 0.42 19.32 $ 535.90 LIONS PARK $ 468.25 13.00 $ 1.00 $ 0.35 $ 0.42 17.97 $ 486.22 REPPLIER PARK $ 468.25 13.00 $ 1.00 $ 0.35 $ 0.42 17.97 $ 486.22 ROOSEVELT PARK $ 468.25 13.00 $ 1.00 $ 0.35 $ 0.42 17.97 $ 486.22 SYLVAN PARK $ 468.25 13.00 $ 1.00 $ 0.35 $ 0.42 17.97 $ 486.22 2023-24 Monthly Rate: $ 15,187.69 $ 15,760.69
Increase of $ 573.00
3.77%
*If the minimum wage increase for 2025 is less than $1/hr, we will adjust our rates to reflect the actual minimum wage increase and its impact upon workers compensation and employer payroll taxes.
CITY OF BANNING YEAR 2 RATES - WITHOUT CONSUMABLES BUILT INTO RATES 411
ADDITIONAL
2025 IMPACT UPON CA
2023-24 HOURS MINIMUM PAYROLL TAXES & 3 MANDATED MONTHLY MONTHLY 2024-25
MONTHLY RATE PER WAGE WORKERS COMP CA CONSUMABLES INCREASE MONTHLY RATE
LOCATION MONTH INCREASE INSURANCE SICK PAY EXPENSES PAYROLL BASED
EXPENSES
CITY HALL $ 3,902.11 108.33 $ 1.00 $ 0.35 $ 0.42 $ 553.50 146.67 $ 4,602.28 CITY YARD $ 2,731.37 75.83 $ 1.00 $ 0.35 $ 0.42 $ 387.44 102.80 $ 3,221.60 POLICE DEPARTMENT $ 5,072.38 140.83 $ 1.00 $ 0.35 $ 0.42 $ 719.50 190.55 $ 5,982.43 FLEET MAINTENANCE $ 390.21 10.83 $ 1.00 $ 0.35 $ 0.42 $ 55.35 15.05 $ 460.61 WATER SHOP $ 702.03 19.50 $ 1.00 $ 0.35 $ 0.42 $ 99.58 26.75 $ 828.36 COMMUNITY AND SENIOR CENTER $ 516.58 14.00 $ 1.00 $ 0.35 $ 0.42 $ 199.28 19.32 $ 735.18 LIONS PARK $ 468.25 13.00 $ 1.00 $ 0.35 $ 0.42 $ 66.42 17.97 $ 552.64 REPPLIER PARK $ 468.25 13.00 $ 1.00 $ 0.35 $ 0.42 $ 66.42 17.97 $ 552.64 ROOSEVELT PARK $ 468.25 13.00 $ 1.00 $ 0.35 $ 0.42 $ 66.42 17.97 $ 552.64 SYLVAN PARK $ 468.25 13.00 $ 1.00 $ 0.35 $ 0.42 $ 66.42 17.97 $ 552.64 2023-24 Monthly Rate: $ 15,187.69 $ 2,280.33 2024-25 Monthly rate $ 18,041.02 increase of $ 2,853.33
18.79%
*If the minimum wage increase for 2025 is less than $1/hr, we will adjust our rates to reflect the actual minimum wage increase and its impact upon workers compensation and employer payroll taxes.
CITY OF BANNING YEAR 2 RATES - CONSUMABLES BUILT INTO RATES 412
AGREEMENT FOR CONTRACT SERVICES (C00845)
FOR CUSTODIAL SERVICES
By and Between
THE CITY OF BANNING,
A MUNICIPAL CORPORATION
and
EXECUTIVE FACILITIES SERVICES, INC.,
a California corporation
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 413
-1-
AGREEMENT FOR CONTRACT SERVICES (C00845) FOR THE CITY-WIDE
CUSTODIAL SERVICES BY AND BETWEEN CITY OF BANNING AND
EXECUTIVE FACILITIES SERVICES, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein” Agreement”) is made and entered into this day: ________________, by and between the CITY OF BANNING, a municipal corporation (“City”) and EXECUTIVE FACILITIES SERVICES, INC., a California corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals (RFP No. 23-023), the performance of routine custodial services for City facilities, as defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the Services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those Services.
C. Pursuant to the City of Banning’s Municipal Code, City has authority to enter into this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those Services defined and described particularly in Section 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. SERVICES OF CONTRACTOR
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Contractor shall provide those Services specified in the “Scope of Services” attached hereto as Exhibit “A” and “A-1” and incorporated herein by this reference, which Services may be referred to herein as the “Services” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein.
Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 6/7/2023
414
-2-
1.2 Order of Precedence.
The Scope of Services shall include the City’s Request for Proposals (“RFP”) and the Contractor’s Response to the City’s RFP (“Response”), which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of this Agreement and the RFP or Response, the terms of this Agreement shall govern, including but not limited to any insurance and indemnification language. In the event of any inconsistency between the terms of the City’s RFP and the Contractor’s Response, the City’s RFP shall govern.
Sections XXII (Withheld Contract Funds), XXVII (Payroll), XXIX (Labor Standards Provision), XXX (Labor Discrimination) and XXXII (Anti-Trust Claims) of the RFP are hereby deleted from the Scope of Services.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all Services hereunder in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the Services required by this Agreement.
Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the Services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of Services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.
1.6 Additional Services.
City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra Services beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said Services. No such extra Services may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to $2,000.00; or in the time to perform of up to one hundred eighty DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 415
-3-
(180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to Services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “A” and “A-1”, and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Eighty-Four Thousand Seven Hundred Fifty-Two Dollars and Forty-Two Cents ($184,752.42) (the “Contract Sum”).
2.2 Method of Compensation.
On or about the first of each month the Contractor shall submit an invoice and all reports required by this Agreement for Services performed in the prior month. (a) This invoice shall be in accordance with the Contract Sum and shall become the basis for payment.
(b) This invoice shall be subject to review and approval by the Public Works Director or designee.
(c) All submitted invoices, approved by the Public Works Director or designee, shall require four (4) weeks for processing by the City of Banning, Finance Department. (d) Any charges in the invoice not approved by the Public Works Director or designee shall not be paid by the City.
(e) Compensation may be adjusted annually, on July 1st of each year commencing on July 1, 2021, during the term of the Agreement to reflect annual changes in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index Riverside-San Bernardino-Ontario Area, or any successor index, as set forth over the previous available twelve (12) months prior to the date of adjustment.
(f) All Services are subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.
ARTICLE 3. TERM
3.1 Term.
The Term of this Agreement shall be from the Effective Date through June 30, 2024, unless sooner terminated as provided in Article 6 of this Agreement. The Parties, by mutual written agreement, may extend the Term of this Agreement for up to four (4) succeeding terms of one (1) DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 416
-4-
year each. Maximum term and any subsequent amendment or modification shall not exceed five (5) years.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principal of Contractor (“Principal”) is hereby designated as being the Principal and representative of Contractor authorized to act on its behalf with respect to the Services specified herein and make all decisions in connection therewith.
Art Ojeda, Director of Operations
4.2 Representative Name, Title.
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principal was a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principal. For purposes of this Agreement, the foregoing Principal may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance.
4.3 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.4 Contract Officer.
The Contract Officer shall be such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 417
-5-
4.5 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.6 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION
5.1 Insurance Coverages.
Throughout the life of this Agreement, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) that meet the standards specified in Section 5.5. The language of this Article 5 supersedes any indemnity and insurance language in Exhibits A or A-1. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 418
-6-
$2,000,000 aggregate for products and completed operations $2,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage.
(iii) WORKERS’ COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
If this Agreement continues for more than three (3) years duration, or in the event the City Manager or his/her designee determines that the work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager, or his/her designee.
Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions.
Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to City, its Council members, officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall the City be responsible for the payment of any deductibles or self-insured retentions.
5.2 General Requirements.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 419
-7-
The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The General Liability (including ongoing and completed operations) and Automobile Liability shall name City and its officers, officials, employees, agents and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City. The coverage shall contain no special limitations on the scope of protection afforded to the City and its officers, officials, employees, agents and volunteers. The Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City and its officers, officials, employees, agents and volunteers.
Should Contractor maintain insurance with broader coverage and/or limits of liability greater than those shown above, City requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or his/her designee prior to City’s execution of the Agreement and before work commences.
If at any time during the life of this Agreement or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Agreement shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Agreement.
Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.
The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City and its officers, officials, employees, agents and volunteers shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, employees, agents, persons under the supervision of Contractor, vendors, suppliers, invitees, subcontractors, or anyone employed directly or indirectly by any of them.
If Contractor should subcontract all or any portion of the Services to be performed under this Agreement, Contractor shall require each subcontractor to provide insurance protection in favor of City and its officers, officials, employees, agents and volunteers in accordance with the terms of each of the preceding paragraphs, except that the subcontractors’ certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 420
-8-
5.3 Indemnification, Hold Harmless, and Duty to Defend.
A. Indemnities.
1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2). 3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement.
If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
B. Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 421
-9-
its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Contractor’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.
5.4 Sufficiency of Insurer
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than three (3) years duration, or in the event the Risk Manager determines that the work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of 3 years following completion of the Services hereunder, and the City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 422
-10-
Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “Documents and Materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted Documents and Materials without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise or assignment. Contractor may retain copies of such Documents and Materials for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the Services performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 423
-11-
provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
7.2 Disputes; Default.
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any Services performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices.
In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any Services by Contractor shall not constitute a waiver of any of the DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 424
-12-
provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in Exhibit A, Section XX . The City may withhold from any monies payable on account of Services performed by the Contractor any accrued liquidated damages.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Section 2.2 or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the Work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 7.2.
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 425
-13-
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the Services and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a Party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of Services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 426
-14-
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of Services covered by this Agreement, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication that either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF BANNING, 99 East Ramsey Street, Banning, CA 92220 and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 427
-15-
City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Time is of the Essence. Time is of the essence in every provision of this Agreement in which time for performance is a factor.
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. [SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 428
-16-
IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BANNING CONSULTANT
Douglas Schulze, Date
City Manager
NAME: Date
TITLE:
NAME: Date
TITLE:
ATTEST:
Tax ID No.
Caroline Patton Date
Deputy City Clerk
Address:
APPROVED AS TO FORM:
Richards, Watson & Gershon
City Council Approval: __________
Serita Young, Date
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,
ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 6/6/2023
92504
54-2445448
6/7/2023
6865 Weaver St
Riverside, CA.
Jim Ferraro
OWNER
6/7/2023
6/7/2023
2023-092
429
Exhibit A -1
EXHIBIT “A”
SCOPE OF SERVICES
I. Contractor will perform the following Services:
As specified in RFP No. 23-023.
II. Contractor will perform the services listed in RFP No.23-023 at the following rates:
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 430
Exhibit A-1 -1
EXHIBIT “A-1”
SCOPE OF SERVICES
I. Contractor will perform the following Services:
As specified in the RFP 23-023 City-wide Custodial Services and Contractor Proposal attached hereafter:
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 431
EXECUTIVE FACILITIES SERVICES, INC.
B.Statement of Understanding and Approach
PROJECT SCHEDULE/IMPLEMENTATION PLAN
for Night Janitorial, Day Janitorial and Additional Services In order to fully develop our approach to servicing the City of Banning's facilities, EFS, Inc. will develop a Project Schedule/Implementation Plan. We have found this tool to be the most successful for ensuring excellent service for new and existing clients. The Project Schedule/Implementation Plan is adhered to by all members of our team. This Project Schedule/Implementation Plan was developed and has been tested by Jim Ferraro, Company Owner, who is actively involved in all aspects of the business. We view our Project Schedule/Implementation Plan as a "living document" that continues to evolve based upon our clients’ site-specific requirements.
All of our Operations Managers, Supervisors, site-specific lead employees, on-site employees, and support staff play a role in our Project Schedule/Implementation Plan. If EFS, Inc. is awarded the contract to provide janitorial services at all of the City of Banning's buildings, a detailed Project Schedule/Implementation Plan for each location will be developed. EFS, Inc.’s Project Schedule/Implementation Plan will strictly adhere to the scope of services that has been provided in the Request for Proposal for janitorial services for all the City of Banning's facilities.
The Project Schedule/Implementation Plan will also include the site-specific needs and/ or requirements that are identified during our initial site visits with a representative from the City of Banning in order to understand all needs. We have learned from experience that this additional information is vital to a successful startup of services and for a seamless start-up for our clients.
It all begins with an initial meeting with the appropriate City of Banning representatives and the EFS, Inc. management team to thoroughly review and discuss all aspects of the scope of services. If EFS, Inc. is awarded the contract, we will work closely with the City of Banning staff to ensure that each location has been thoroughly cleaned and disinfected nightly.
Our Project Schedule/Implementation Plan will enable EFS, Inc. to create a detailed plan for performing the janitorial services that are required as per the Request for Proposal and scope of services that has been provided by the City of Banning.
EFS, Inc. has reviewed the scope of work listed page 30 to 39 in the Request for Proposal in order to make a detailed schedule for each building. Through our 19 years of experience, this process allows us to monitor, schedule, and perform regular additional services effectively and with little interruption to our clients. Performing additional services at each location on a semi-annual schedule will provide the City of Banning with janitorial services that exceed their staff and residents’ expectations.
EFS, Inc. has performed similar services for cities like Thousand Oaks, Agoura Hills, Oxnard, and Costa Mesa. Each of our existing clients had detailed and itemized requirements in their scope of work which EFS, Inc. has responded to accordingly. Each of our clients has a city hall, council chambers, and water facility which required additional training and services to maintain and prepare the location for resident visibility.
6 EXHIBIT "A-1" EXHIBIT "A-1" - 2
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 432
EXECUTIVE FACILITIES SERVICES, INC.
(Continued)
EFS, Inc. has provided a detailed breakdown of the estimated crew size and hours for each location in the work schedule provided following this section. We will utilize this work schedule to coordinate what time our employees will be at each site, and utilize the scope of work to train each employee on what each of the daily, weekly, and monthly services are that need to be completed.
Utilizing time tested and proven quality control processes, EFS, Inc. will continually monitor our employees through day and night supervision to ensure that each service is completed to a standard above the current expectations. We have implemented time tracking through an app based system that gives a clear indication of when our employees are on site, and the duration of the time on site.
EFS, Inc. has perform an in-depth wage analysis for the City of Banning and its surrounding areas, and will be paying its employees servicing its sites at $16.50 per hour, one dollar above the State of California's minimum wage.
EFS, Inc. clearly understands the importance of providing thorough janitorial services for these locations and maintains the same attention to detail day in and day out to ensure that the City of Banning staff and citizens can be confident that the areas they are visiting have been cleaned properly.
Christian Ferraro, Operations Manager, will serve as the main point of contact for the City of Banning and its staff. Christian Ferraro will be supported by Jim Ferraro, our management team members, and our administrative staff throughout the life of the contract. Christian Ferraro possesses excellent communication skills, and he has learned that ongoing communication is one of the keys to success in the service industry. 7 EXHIBIT "A-1" EXHIBIT "A-1" - 3
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 433
EXECUTIVE FACILITIES SERVICES, INC.
CITY OF BANNING WORK SCHEDULE AND
CLIENT LIST
8 EXHIBIT "A-1" EXHIBIT "A-1" - 4
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 434
Building Name Address
Estimated Cleaning
Square Footage
1. Banning City Hall
(Civic Center)
99 E. Ramsey Street 20,600
2. Banning Police Department 125 E. Ramsey Street 28,000
3. City Yard 176 E. Lincoln Street 5,400
4. Fleet Maintenance Office 176 E. Lincoln Street 620
5. Water Shop 3333 Bluff Road 1,000
6. Community Center / Senior
Center
789 N. San Gorgonio
Avenue
8,800
7. Lion’s Park Restroom 955 South Hargrave
Street
200
8. Repplier Park Restroom 201 W. George Street 320
9. Roosevelt Williams Park
Restroom
1101 E. George Street 280
10. Sylvan Park Restroom 789 N. San Gorgonio
Ave.
240
Total Estimated
Cleaning Square
Footage:
65,460
The City is looking to contract for five (5) days a week custodial services for the City of Banning City Hall (Civic Center), City Yard, and Banning Police Department. as provided in the specifications. The Banning Water Shop will require three (3) days per a week custodial services only. The Community Center/Senior Center custodial services shall include quarterly floor and window cleaning per the specifications. The Park Restrooms require 3 days per week cleaning. All facilities are located in the City of Banning. A Building Location Map is attached.
SCOPE OF WORK AND SPECIFICATIONS:
The intent of these specifications is to secure a Contractor which shall provide COMPLETE CUSTODIAL SERVICES in a cost effective and professional
CITY OF BANNING SCOPE OF WORK
9 EXHIBIT "A-1" EXHIBIT "A-1" - 5
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 435
manner.
a. The Contractor shall supply all licenses, permits and fees necessary to complete work. The Contractor agrees to indemnify, defend and hold harmless the CITY OF BANNING for any and all loss, liability, damages, claims or demands of employees, agents and workers of the Contractor, or of all provisions hereof.
b. The Contractor shall furnish all labor, tools, materials, and equipment to provide custodial services as set forth in the specifications. c. The City shall provide trash liners and paper products; toilet tissue, seat liners, and paper towels, for the services set forth in the specifications. d. All work shall be done in a thorough and workmanlike manner to the satisfaction of the Public Works Director or designee and comply with all legal generally accepted practices for custodial services. The premises shall be maintained at the level of service provided for in these specifications at all times.
e. The Contractor shall have the duty to provide complete custodial services of all work sites listed including, but not limited to duties listed in and any others added in the future. When additional services or portions thereof, are accepted by the City and become part of the custodial service contract, the City and Contractor shall negotiate a fair and reasonable cost to compensate the Contractor for the newly assigned work. f. Employees of the Contractor shall not disturb papers on desks, open drawers of cabinets, use telephones, radios or television sets or tamper with personal or City property. Employees of the Contractor shall report anything out of the ordinary, such as cracked windows. Employees of the Contractor shall call the Banning Police Department immediately when they observe anyone destroying City property either inside or outside the building. Upon leaving, when applicable, the employees of the Contractor shall see that all doors and windows so designated are locked, and lights so designated are turned off.
g. Coordination and Phasing – The Contractor shall hereby be made cognizant of the fact that the Council Chambers, meeting rooms, and, at times, conferences rooms and office spaces will be in use by employees and residents before or after normal working hours. All work shall be performed in a phased operation so that these meetings are not disrupted.
In no case shall work commence in an area occupied for meeting purposes. The City Hall Information Desk will supply the Contractor with LISTINGS of all scheduled meetings; however, department conferences and impromptu meetings are not scheduled and must be handled as they occur.
h. Personnel Attire – All employees shall be required to wear appropriate attire that readily identifies the individual as an employee of the Contractor. Additionally, the individual will wear a picture identification badge that identifies the individual and Contractor. All badges as required by this contract will be approved by the Public Works Director or designee 10 EXHIBIT "A-1" EXHIBIT "A-1" - 6
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 436
and be provided by the Contractor at the Contractor’s expense. i. SPECIAL CONDITIONS
i. The Contractor is to provide each of the items with the Bid Package as listed below:
1. Organizational chart including executives.
2. The contact of the assigned foreman or supervisor.
3. Current number of employees of the company.
4. Brief description of company personnel and training
procedures.
ii. Level of cleaning with frequency charts of each building. Service frequencies must be equal or exceed those specified.
iii. Inventory of all equipment and adequate cleaning supplies to be kept on the premises.
j. QUALITY CONTROL:
i. Inspection/Checklist:
1. The Contractor shall create and provide an
“Inspection/Checklist Form” for each facility location as approved by the Public Works Director or designee. The
Contractor’s personnel will use this form to reflect services performed and any exceptions to the requirements.
Additionally, both the Contractor’s Supervisor and Public Works Director or designee evaluating the effectiveness and adequacy of services performed, will use this form. This form will be completed daily and be maintained in the
Janitor’s closet in an appropriate binder. The Contractor will post a copy of the daily, weekly, monthly, quarterly, annual tasks as listed in these specifications in the Janitor’s closet.
A copy of the inspection/checklist will be forwarded to the Public Works Director or designee on a weekly basis.
2. Shift Log Sheet: The Contractor shall create a “Shift Log Sheet” for its personnel to sign in and out at each shift. The Shift Log Sheet shall be provided and maintained by the Contractor and located in the Janitor’s closet for each facility location.
3. Service Log Sheet: The Contractor shall create a “Service Log Sheet” which will be maintained and checked daily for customer requests at each facility location. Items requiring completion will be so noted at the end of each shift.
k. The Janitor’s closet will be kept in a neat, clean and orderly condition at all times, and securely locked when not in use. The Janitor’s closet will be stocked with ample consumable items at all times. The Contractor will complete the “Inspection/Checklist”, “Shift Log Sheet” and “Service Log Sheet” daily and file it in an appropriate binder located in Janitor’s closet. l. Requirements Subsequent to Contract Execution – The Contractor is hereby required to conform to the following:
i. The Contractor shall furnish all labor, cleaning materials and 11 EXHIBIT "A-1" EXHIBIT "A-1" - 7
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 437
equipment necessary to perform the specified work, with the exception of owner consumable items such as toilet paper, paper towels, hand soap refills for dispenser units, sanitary napkins, toilet seat covers and waste container liners. The Contractor shall be responsible to secure City supplied items and refill all containers and dispensers. The Contractor may propose as an alternative option the cost of these consumable items. This alternative proposal will include the individual cost of each item being proposed.
ii. The Contractor’s equipment shall be new or in the best maintained working order for its intended function. Hepa type filtered vacuum cleaner must be used for all facilities. Equipment, which is faulty or does not perform to the satisfaction of the City, shall be replaced.
Contractor equipment and supplies shall be stored only in the areas designated by the City.
m. The Contractor shall be available twenty-four (24) hours a day, seven (7) days a week to respond to all emergencies within two (2) hours of notification.
n. The Contractor will maintain photo identification badges for all individuals performing services under the said contract identifying the company’s name, individual’s name, title of the individual, and a picture image of the individual. Background checks and clearance will be performed by the contractor in a manner approved by the City and maintained in a binder utilized by the Contractor to log in and log out at each location. Badges and background check to be approved by City staff will be provided at the contractor’s expense.
III. SPECIFICATIONS - FREQUENCY OF SERVICE:
The following is an itemized list by area of cleaning activities required five (5) times per week for the Civic Center, City Yard, and Police Department facilities, Monday through Friday. The Water Shop and Park Restrooms require cleaning activities (3) times per week to occur on Monday, Wednesday and Thursday of each week unless otherwise agreed upon by the Contractor and City. a. GENERAL Procedure – ALL AREAS – DAILY
i. Empty all desk and area trash and recycling container bins; materials shall not be comingled.
ii. Replace container liners as required.
iii. Sweep all composition floors with chemically treated dust mops. iv. Sweep all bar contrite floors with sweeping compound. v. Spot mop or clean spillage on floors, bare concrete, vinyl-tile, or carpet.
vi. Spot clean interior office window as needed or requested. vii. Remove all graffiti from walls and furniture. Notify the Director of Public Works or designee of any graffiti that cannot be removed with normal graffiti removal cleaning solutions.
12 EXHIBIT "A-1" EXHIBIT "A-1" - 8
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 438
viii. Maintain custodial closets and storage areas clean and orderly. ix. Disinfect all doorknobs / handles throughout City facilities. x. Secure all exterior doors and turn off all but security night lighting when applicable.
NOTICE: Under no circumstances shall any papers, books, documents or equipment be touched, moved or displaced.
SPECIAL NOTE: Any suspiciously important envelope or other material found in the trash or recycling containers or on the floor shall be left in the area with a note.
b. RESTROOMS – DAILY
i. Empty all trash containers, replace all liners.
ii. Wash all consumable product containers.
iii. Refill all consumable products with City-furnished supplies. iv. Sweep floor clear of all debris.
v. Damp mop and disinfect all resilient and ceramic floors. vi. Wet wipe and disinfect toilet partitions with a cleaning and sanitizing solution.
vii. Empty and sanitize all sanitary napkin disposal units. viii. Clean and polish all vitreous fixtures, including toilet bowls, tanks, urinals, and hand basins; clean tile and tile flooring in men’s shower/restroom with a cleaning and sanitizing solution. ix. Clean and disinfect all flush rings, drain and overflow outlets. x. Clean and disinfect tops and underside of toilet seats. xi. Clean and polish all chrome fittings.
xii. Clean and polish all glass and mirrors.
xiii. Clean splash marks on walls adjacent to or over sinks. xiv. Remove spot, stain, and splash marks and all graffiti from walls and partitions. (Notify the City’s Public Works Director or designee of any graffiti that cannot be removed with normal graffiti removal solutions.)
xv. Dust metal partitions, wet wipe and clean both sides of restroom entry doors.
xvi. Remove fingerprints from glass, doors, door frames, and light switches.
xvii. Report any or all water leaks, plugged lavatories, etc., to the Public Works Director or designee.
c. ALL AREAS – WEEKLY
i. Dust all high and low horizontal surfaces, including sills, ledges, moldings, shelves, locker tops, frames and file cabinets. 13 EXHIBIT "A-1" EXHIBIT "A-1" - 9
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 439
ii. Empty all recyclable bins or as needed and place in recyclable bin.
Contractor shall not commingle recyclable material with trash. iii. Damp wipe plastic and leather furniture.
iv. Remove fingerprints from glass partitions, metal door frames and light switches in office areas.
v. Clean and polish bright metal to 70” height.
vi. Clean and sanitize waste containers in restrooms and break areas. vii. Clean the interior of the microwave oven, toaster, and conventional stove in the employees’ kitchen/lunchroom area.
viii. Enzyme clean all floors and walls.
ix. Disinfect all doorknobs.
x. Empty and wipe clean all desk and counters.
xi. Vacuum all carpeting with attention to high use areas. The contractor is responsible for moving and replacing items that are less than 50 pounds in order to thoroughly vacuum.
xii. Spot clean carpeting.
xiii. Spot mop or clean spillage on floors, bare concrete, vinyl-tile, or carpet.
xiv. Clean ducts and soft buff all counters, tables, chairs and furniture. xv. Spot clean to remove fingerprints from glass and metal doorframes of entry doors and wall switches; including all conference rooms. xvi. Clean customer service windows.
xvii. Clean, sanitize and polish all drinking fountains. xviii. Clean interior and exterior of all glass panel doors and windows. xix. Perform low dusting, defined as floor level to five feet above floor, including base molding or top set, sill ledges, chair and personnel rails, partitions, chairs, tables, desks, telephones, filing cabinets, and all office furniture.
xx. BI-WEEKLY- Polish buff hard and resilient floors in traffic areas.
REMOVE HEEL MARKS.
d. ALL AREAS – MONTHLY
i. Clean entire interior/exterior glass partitions and metal doorframes. ii. Thoroughly wash all restroom floors and detail corners to remove residual buildup.
iii. Clean entire desktops in a manner that does not disturb papers, folders, files, binders, etc.
iv. Dry dust wood paneled surfaces.
v. Remove dust and cobwebs from ceiling areas; vacuum all ceiling vents, taking care to not move directional vents.
vi. Spray buff entire resilient and hard surface floor areas. vii. Spot clean all carpeted areas.
viii. Detail vacuum carpet edges and under desks and office furniture.
The contractor is responsible for moving and replacing items that are less than 50 pounds in order to thoroughly vacuum.
ix. Completely clean the entire interior of the refrigerator. A “Notice” shall remain posted on the refrigerator at all times of the day of 14 EXHIBIT "A-1" EXHIBIT "A-1" - 10
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 440
clean up. Therefore, any items such as expired food, containers, etc., within the refrigerator shall be discarded by the Contractor.
The City shall notify staff internally and provide ample notice to them. The contractor shall notify the Public Works Director or designee one (1) week in advance of the cleaning or a set day of the month shall be determined. Any items labeled “Keep” by its owner shall remain after cleaning.
e. ALL AREAS – QUARTERLY
i. Clean windows, interior and exterior including all windows that are located in high spaces.
ii. Clean and polish office furniture.
iii. Damp clean diffuser outlets in ceiling and walls.
iv. Dry clean area adjacent to diffuser outlets.
v. Wash all waste baskets.
vi. Dust Venetian blinds.
vii. Spray buff resilient and hard surface floors. Apply floor finish and ensure that all floors maintain a shine leaving no residual floor finish.
viii. Completely clean the entire interior of the freezer portion of the refrigerator and discard all food items not labeled “keep” by its owner. Provide at least a two week notice to staff and post a notice of the date of cleaning. If additional cleaning is required, the Contractor will be notified.
ix. Wash and sanitize chairs and tables in employee break rooms and conference rooms located in all buildings.
x. Wash and sanitize metal partitions and wall surfaces in all restrooms.
f. SEMI-ANNUAL REQUIREMENTS
i. Clean and polish all baseboards.
ii. Dust lighting fixtures
iii. Damp clean lobby and reception chairs.
iv. Move all furniture, deep clean all carpeted surfaces using a water extraction method.
v. Move all furniture, strip, wash and machine polish resilient and hard surface floors.
vi. Steam clean showers and shower drainage trough.
g. ALL AREAS – ANNUALLY
i. Clean and polish baseboards.
ii. Dust lighting fixtures.
iii. Damp clean lobby and reception chairs.
iv. Move all furniture, deep clean all carpeted surfaces using a water extraction method.
v. Move all furniture, strip, wash and machine polish resilient and hard surface floors.
vi. Steam clean showers and shower drainage trough.
h. AREA SPECIFIC REQUIREMENTS
15 EXHIBIT "A-1" EXHIBIT "A-1" - 11
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 441
i. LOBBY AREAS AND MAIN CORRIDORS
1. Daily spot cleaning of all glass, metal doorframes; interior and exterior, and main entrance door passageways/lobby
area.
2. Daily remove all trash and place in bins at pickup area.
3. Daily clean and sanitize drinking fountains in the
lobby/restroom areas.
4. Weekly dust mop/vacuum floor areas. The contractor is responsible for moving and replacing items that are less than 50 pounds in order to thoroughly vacuum.
5. Weekly damp mop resilient tile.
6. Monthly wash all glass partition, interior and exterior, and metal doorframes of passageway/front lobby entrance area.
7. Quarterly deep clean all high-traffic and carpeted areas. ii. COUNCIL CHAMBER AND ADJACENT MEDIA ROOM AND
CORRIDORS
1. Weekly dry wipe and buff microphones with extreme care.
2. Weekly clean stage chairs.
3. Monthly vacuum Council Chambers Media Room and clean glass window.
4. Monthly wash interior and exterior glass partition and metal doorframes in east entry lobby area.
5. DO NOT CLEAN any electronic buttons, switches or gears.
6. Quarterly deep clean all high-traffic and carpeted areas. iii. PRIVATE OFFICE AREAS (i.e. City Manager, Directors, City Council Members Office)
1. Daily empty all trash and recycle containers; materials shall not be comingled, and liners shall be replaced as required.
2. Weekly dust and wipe clean desks and counters. Contractor shall not disturb paper, binders, folders etc.
3. Weekly vacuum carpet floor, as needed, minimum once a week. The contractor is responsible for moving and replacing items that are less than 50 pounds in order to thoroughly vacuum.
4. Monthly clean glass window interior.
iv. EMPLOYEE BREAK ROOMS AND KITCHENS
1. Daily empty, wash, disinfect and replace liners in all trash containers and place trash in bins at pickup area.
2. Daily empty, wash and disinfect all recycle containers in a manner that does not commingle recyclable materials with trash.
3. Daily clean and disinfect all counter tops, tabletops, and interior of sink.
4. No cleaning of dishes, silverware, or coffeepots will be required.
5. Do not clean coffee machines. Leave machines plugged in 16 EXHIBIT "A-1" EXHIBIT "A-1" - 12
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 442
and in the same “on” or “off” position as left by staff, unless an empty coffee pot has been left on top of any “on”
element, then it shall be removed and set aside.
6. Weekly clean exterior of all appliances; refrigerator, conventional oven, microwave oven, and toaster oven in the employee kitchen/lunchroom area.
7. Weekly dust mop/vacuum hard floor area, wet mop and
disinfect all resilient/hard surface floor area and spot clean all carpet adjacent thereto.
8. Weekly dust miscellaneous furniture (chairs, couches, etc.).
9. Weekly damp mop resilient tile.
10.Weekly remove fingerprints from doors, frames, light switches, handles and push plates.
11.Monthly clean interior of refrigerator.
12.Restock paper towels containers as necessary.
v. COMMUNITY CENTER AND SENIOR CENTER
1. Quarterly buffing/waxing of all floors and shampooing of all carpets (excluding the multi-purpose room gym floors and the Community Center)
2. Quarterly window cleaning.
vi. WATER SHOP: Services provided to the Water Shop will be restricted to the administration offices, break room area and restroom.
vii. PARK RESTROOMS (LIONS, REPPLIER, ROOSEVELT
WILLIAMS, SYLVAN)
1. Empty all trash containers, replace all liners.
2. Wash all consumable product containers.
3. Refill all consumable products with City-furnished supplies.
4. Sweep floor clear of all debris.
5. Damp mop and disinfect all resilient and ceramic floors.
6. Wet wipe and disinfect toilet partitions with a cleaning and sanitizing solution.
7. Empty and sanitize all sanitary napkin disposal units.
8. Clean and polish all vitreous fixtures, including toilet bowls, tanks, urinals, and hand basins; clean tile and tile flooring with a cleaning and sanitizing solution.
9. Clean and disinfect all flush rings, drain and overflow outlets.
10. Clean and disinfect tops and underside of toilet seats.
11.Clean and polish all chrome fittings.
12.Clean and polish all glass and mirrors.
13.Clean splash marks on walls adjacent to or over sinks.
14.Remove spot, stain, and splash marks and all graffiti from walls and partitions. (Notify the City’s Public Works Director or designee of any graffiti that cannot be removed with 17 EXHIBIT "A-1" EXHIBIT "A-1" - 13
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 443
normal graffiti removal solutions.)
15.Dust metal partitions, wet wipe and clean both sides of restroom entry doors.
16.Remove fingerprints from glass, doors, door frames, and light switches.
17.Report any or all water leaks, plugged lavatories, etc., to the Parks and Recreation Director Director or designee.
viii. BUILDING SECURITY – DAILY
1. Turn off all lights (except security and night lights).
2. Close windows.
3. Lock all doors.
4. Set alarms.
IV. BASIC COMPENSATION:
OWNER shall pay Contractor, as compensation for the services to be performed, the sum of per month listed in the Contract Agreement with additional adjustments as specified thereinafter. Additional adjustments shall be made to the monthly compensation if new areas are included in the City of Banning, Custodial Services.
Compensation may be adjusted annually, on July 1st of each year commencing on July 1, 2024, during the term of the Contract Agreement to reflect annual changes in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index Riverside-San Bernardino-Ontario Area, or any successor index, as set forth over the previous available twelve (12) months prior to the date of adjustment.
V. ADDITIONAL WORK
a. The Public Works Director or designee may authorize the Contractor to perform additional work. Additional work shall be defined as work not included in the specifications with the exception of additional sites, or portions thereof that may be added and shall be in writing. b. Prior to the Contractor performing any additional work, the Contractor shall prepare and submit a written description of the work with an estimate of labor and materials cost. No work shall commence without written authorization from the Public Works Director, or designee. In the event that conditions exist where there is imminent danger of injury to the public or damage to property, the Public Works Director or designee may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. Within twenty-four (24) hours after receiving verbal authorization, the Contractor shall submit a written estimate to the Public Works Director or designee for written approval. c. The cost estimate for additional work shall consist of the following elements:
i. Wholesale cost of materials including sales tax plus ten percent (10%).
ii. Base cost of labor plus fifteen percent (15%) for overhead and 18 EXHIBIT "A-1" EXHIBIT "A-1" - 14
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 444
EXECUTIVE FACILITIES SERVICES, INC.
EXECUTIVE FACILITIES SERVICES, INC.
PROJECT SCHEDULE/WORK PLAN
City of Banning
WORK PLAN / INITIAL SITE VISITS
STEP DATE ACTION PERSON
RESPONSIBLE
DUE
DATE STATUS
Initial site visits: develop
building visitation schedule
Complete site visit
Identify site specific
additional needs
requirements if needed
Add agreed upon additional
services requirements
Identify point of contact
at the site
Identify important dates for the
site special events, etc.
Review scope of services with
facility representative if needed
1 2
3 7
4 5
6 J. Ferraro / C. Ferraro
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
J. Ferraro / City of
Banning
19 EXHIBIT "A-1" EXHIBIT "A-1" - 15
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 445
EXECUTIVE FACILITIES SERVICES, INC.
EXECUTIVE FACILITIES SERVICES, INC.
City of Banning
WORK PLAN / SPECIFIC FACILITY INFORMATION
STEP DATE ACTION PERSON
RESPONSIBLE
DUE
DATE STATUS
Identify location of janitorial
and storage closets
Request alarm codes for facility,
if needed
Identify all entry and exit
points for each location
Determine if additional specialty
cleaning products are required
for the site
Discuss locked door
and safety protocol with
facility staff
Develop equipment needs list
for each facility
Develop emergency contact list
1 2
3 8
5 6
7 J. Ferraro / C. Ferraro
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
9 Develop keys / key fob
inventory the each location
C. Ferraro / F. Mendoza
20 EXHIBIT "A-1" EXHIBIT "A-1" - 16
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 446
EXECUTIVE FACILITIES SERVICES, INC.
EXECUTIVE FACILITIES SERVICES, INC.
City of Banning
WORK PLAN / EMPLOYEE AND LABOR
STEP DATE ACTION PERSON
RESPONSIBLE
DUE
DATE STATUS
Identify existing EFS, Inc.
employees to transfer to
the City of Banning
Recruit and train additional
employees to fill open positions
New hire packages completed
and new employee ID numbers
issued
ID badges made for all employees
working at the City of Banning
Train employees on
facility safety
procedures
Train employees on facility
security procedures
Review scope of work for each site
with site specific employees
TBD
TBD
TBD
TBD
TBD
TBD
TBD
1 2
3 4
5 6
7 C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F.
Mendoza / Storm-Larsen
C. Ferraro / F. Mendoza
Storm-Larsen
C. Ferraro / F. Mendoza
R. Storm-Larsen
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
21 EXHIBIT "A-1" EXHIBIT "A-1" - 17
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 447
EXECUTIVE FACILITIES SERVICES, INC.
EXECUTIVE FACILITIES SERVICES, INC.
City of Banning
WORK PLAN / EQUIPMENT FOR EACH LOCATION
STEP DATE ACTION PERSON
RESPONSIBLE
DUE
DATE STATUS
Secure cleaning equipment /
materials based upon list
developed during initial site
visit
MSDS binders placed in all
janitorial closets
Deliver all janitorial
materials to each facility
Store back-up janitorial and
dayporter materials in
Inland Empire facility
Secure special equipment
TBD
TBD
TBD
TBD
TBD
1 3
4 5
2 J. Ferraro / C. Ferraro
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
22 EXHIBIT "A-1" EXHIBIT "A-1" - 18
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 448
EXECUTIVE FACILITIES SERVICES, INC.
1. Review meetings of Scope of Work with all Key Personnel
2. Conduct facility inspections with Operation Manager and Key Personnel
3. Identify and secure replacement equipment (when necessary)
4. Train location specific employees on various entry times, locations, and security protocols
5. Provide continuous training for employees on safety protocols so knowledge matches state mandated requirements
6. Review meetings with site specific staff of the Scope of Work
7. Conduct facility inspections with site specific staff and/or site Supervisor
8. Review floor plans with employees to identify areas of service
TRANSITION PLAN
Ensuring a smooth and seamless transition to a new service provider requires coordination and clear communication. Executive Facilities Services, Inc. ’s Transition Plan begins well before the initiation of services. Once an award of contract occurs, EFS, Inc. will have already created a detailed list of items, meetings, and follow-up job-walks required to ensure a smooth transition on the first night of service.
Utilizing our Transition Plan strategy, we will identify key staff members at each client location to gather additional site information to enable EFS, Inc. to perform beyond the City of Banning' expectations. Our highly experienced management team reviews all information and develops a "start- up kit" listing equipment and chemicals for each location and site. EFS, Inc. supervisors use this information to provide day and night janitorial employees with thorough training and the right equipment.
The first week can be stressful for all parties during a transition to a new service provider. EFS, Inc. will provide additional supervision from all levels of the organization to ensure that the transition goes smoothly. Our Sample Project Schedule/ Work Plan contains each itemized step that will be used during the Transition Plan.
Below please find some of the key elements of our Transition Plan:
23 EXHIBIT "A-1" EXHIBIT "A-1" - 19
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 449
EXECUTIVE FACILITIES SERVICES, INC.
EXECUTIVE FACILITIES SERVICES, INC.
City of Banning
Transition Plan
STEP DATE ACTION PERSON
RESPONSIBLE
DUE
DATE STATUS
Develop building visitation
for all City of Banning
locations
Complete all site visits
Identify site specific
additional needs and
requirements if needed
Identify point of
contact at each site
TBD
TBD
TBD
TBD
TBD
1 2
3 7
4 C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
5 TBD Identify important dates for each
site special events, etc.
6 TBD
Add agreed to additional
services requirements to scope
of work
C. Ferraro / F. Mendoza
8 TBD Deliver equipment kits to each site
Finalize the service agreement
between EFS, Inc. and the City of
Banning
J. Ferraro / City of Banning
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza Start of
service
24 EXHIBIT "A-1" EXHIBIT "A-1" - 20
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 450
EXECUTIVE FACILITIES SERVICES, INC.
• Monthly inspection reports summarize any reported issues and how they were resolved.
• Site visit schedules are developed weekly and unannounced, enabling EFS, Inc. to monitor and control the quality of service as well as interact with onsite employees on a regular basis.
• A copy of our Building Inspection form can be found on the page following this one. Each time a site is visited by an EFS, Inc. supervisor, whether it be a service issue, a supply delivery or a weekly site visit, the form is completed by the supervisor. Operations Managers review all Building Inspection forms daily/ nightly to ensure that any issues are addressed and resolved. • EFS, Inc. and its management team will ensure that each of the City of Banning buildings remains secure during provision of services. The EFS, Inc. Operations Manager will train each employee on the proper door locking etiquette and alarm system protocols, and verify that all protocols are being followed. • EFS, Inc. has the responsibility of categorizing and storing highly specialized keys, access cards, and key fobs for clients. As can be seen from our current client list provided with the proposal, EFS, Inc. works with several cities, municipalities, and private and public entities. We store all client keys in a locked key box at our location in our headquarters's location in Riverside. This facility has 24-hour surveillance and an alarm system.
• EFS, Inc. will not duplicate keys to any of the City of Banning without permission.
BUSINESS PERFORMANCE AND QUALITY CONTROL
Executive Facilities Services, Inc. has learned from experience that the most effective method in ensuring quality service to our clients is through routine site visits. All sites serviced by EFS, Inc. are visited by supervisors on a bi-weekly basis in addition to regular supplies delivery and inspections. Also, the City of Banning sites will be visited by Jim Ferraro, Company Owner, Christian Ferraro, Operations Manager, Francisco Mendoza, Operations Manager, Vicky Rivera, Senior Night Supervisor, Melanie Lopez, Night Supervisor. All operations managers and supervisors carry a smart phone so they can respond quickly to requests for required or emergency services.
During nightly visits to various sites, our staff members review and assess all aspects of the buildings included in the scope of services. If any issues are noticed by a staff member, the employee is made aware and the issues are addressed and resolved that evening. We believe that this is a foundational business practice between EFS, Inc. and its clients. It creates a fast-track line of communication between EFS, Inc. and our clients to ensure that they are receiving the highest of quality service. 49 EXHIBIT "A-1" EXHIBIT "A-1" - 21
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 451
EXECUTIVE FACILITIES SERVICES, INC.
BUSINESS FORMS
Janitorial Inspection Sheet
50 EXHIBIT "A-1" EXHIBIT "A-1" - 22
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 452
Has the Consultant, any officer of the Consultant, or any employee of the Consultant who has proprietary interest in the Consultant, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.
DISCLOSURE OF GOVERNMENT POSITIONS
Each Proposer shall disclose below whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None." X
59 EXHIBIT "A-1" EXHIBIT "A-1" - 23
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 453
INDEMNITY AND INSURANCE STATEMENT
Summary of Indemnity and Insurance Requirements
1. These are the Indemnity and Insurance Requirements for Contractors providing services or supplies to the City. By agreeing to perform the work or submitting a proposal, you verify that you comply with and agree to be bound by these requirements. If any additional contract documents are executed, the actual Indemnity language and Insurance Requirements may include additional provisions as deemed appropriate by the City.
NONE
60 EXHIBIT "A-1" EXHIBIT "A-1" - 24
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 454
2. You should check with your Insurance advisors to verify compliance and determine if additional coverage or limits may be needed to adequately insure your obligations under this agreement. These are the minimum required and do not in any way represent or imply that such coverage is sufficient to adequately cover the Contractor’s liability under this agreement. The full coverage and limits afforded under Contractor’s policies of insurance shall be available to the City and these Insurance Requirements shall not in any way act to reduce coverage that is broader or includes higher limits than those required.
The Insurance obligations under this agreement shall be: 1 – all the Insurance coverage and limits carried by or available to the Contractor; or 2 – the minimum Insurance Requirements shown in this agreement, whichever is greater. Any insurance proceeds in excess of the specified minimum limits and coverage required, which are applicable to given loss, shall be available to the City.
3. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. The City reserves the right to require full-certified copies of all Insurance coverage and endorsements.
I. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. Contractor shall agree that their defense and indemnification obligations are in addition to, and are not limited by, the Insurance obligations in the agreement.
61 EXHIBIT "A-1" EXHIBIT "A-1" - 25
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 455
Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
II. INSURANCE
The City of Banning will require the following to approve insurance for your contract:
1) Insurance Limits:
(a) General Liability insurance with limits of not less than $1,000,000 for bodily injury and property damage; $1,000,000 for personal and advertising injury; $2,000,000 products and completed operations aggregate and $2,000,000 general aggregate.
(b) Auto Liability insurance endorsed for “any auto” with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. (c) Professional Liability (Errors and Omissions) insurance appropriate to Consultant’s profession, with limits of liability of not less than $1,000,000 per claim/occurrence and $1,000,000 policy aggregate The “Retro Date” must be shown for the Professional Liability insurance. (only required if contract involves the rendering of a professional service).
(d) Workers' Compensation insurance as required under the California Labor Code.
62 EXHIBIT "A-1" EXHIBIT "A-1" - 26
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 456
(e) Employer's Liability insurance with limits of liability of not less than $1,000,000, each accident; $1,000,000 disease each employee; and $1,000,000 disease policy limit.
*Limits can be adjusted by the City based on services provided.
2.) Insurance Requirements:
(a) California Insurance Commissioner to do business in the State of California and rated not less than “A- VII” in Best's Insurance Rating Guide. (b) Certificate holder should appear as follows:
City of Banning
Attn: Purchasing Division
99 E. Ramsey Street
Banning, CA 92220-4837
(c) The certificate of insurance should read "The City of Banning, its officers, officials, employees and agents are additional insured with respects to General Liability and Auto Liability insurance. This insurance is primary, and our obligations are not affected by any other insurance carried by such additional insured whether primary, excess, contingent, or on any other basis. Waiver of subrogation for Workers’ Compensation insurance with respects to the City of Banning, its officers, officials, employees and agents.” (d) The additional insured coverage under the contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13.
3.) Insurance Documents:
(a) Include an Additional insured endorsement, with primary and noncontributory language or a primary insurance endorsement, for General Liability insurance including ongoing operations and completed operations (i.e., CG 20 10, CG 20 33, or CG 20 38). The additional insured should read, "The City of Banning, its officers, officials, employees, agents and volunteers". Examples of primary insurance language are "Such insurance as is afforded by the policy is primary and any other insurance shall be excess and not contribute to the insurance afforded by this endorsement" or "This insurance is primary, and our obligations are not affected by any other insurance carried by such additional insured whether primary, excess, contingent, or on any other basis". The endorsement number needs to be included in the accord description of certificate of insurance.
(b) Include an Additional insured endorsement for Auto Liability insurance. The additional insured should read, "The City of Banning, its officers, officials, 63 EXHIBIT "A-1" EXHIBIT "A-1" - 27
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 457
EXECUTIVE FACILITIES SERVICES, INC.
ADDIITONAL INFORMATION
Green Cleaning Program and Partner
65 EXHIBIT "A-1" EXHIBIT "A-1" - 28
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 458
EXECUTIVE FACILITIES SERVICES, INC.
66 EXHIBIT "A-1" EXHIBIT "A-1" - 29
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 459
EXECUTIVE FACILITIES SERVICES, INC.
67 EXHIBIT "A-1" EXHIBIT "A-1" - 30
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 460
EXECUTIVE FACILITIES SERVICES, INC.
• Secured multiple EPA approved disinfecting cleaning chemicals • Continue to review CDC guidelines for disinfecting procedures • Trained over 80 employees to complete disinfecting/deep cleaning services • Set up emergency response teams to complete this service upon request • Incorporated Electrostatic Sprayers into our disinfection protocols and made additional Electrostatic sprayers available at each operating facility to respond immediately to client request
• Achieved GBAC COVID-19 Trained Technician status with ISSA • Had an employee become a Certified Contract Tracer through the University of John’s Hopkins
The management team and employees of EFS, Inc. continue to respond immediately to our clients’ requests to provide facility “high touch” hand disinfecting and deep cleaning services at our numerous medical facilities, doctors’ offices, public and private schools, banking institutions, commercial properties, and public agencies.
As of July 30, 2022, we have disinfected/deep cleaned approximately 7 million square feet of our clients’ facilities. Our clients knowingly contact EFS, Inc. with confidence that their properties, cities, and schools will be disinfected and ready for the next day’s use.
EFS, Inc. continues to respond to requests for special disinfecting/deep cleaning services from current and new clients. These include services for various facilities including public parks and restrooms, public and private schools, banking institutions, commercial properties, public agencies and non-contract clients for assistance in battling the COVID-19 pandemic.
Our current procedure for on-call disinfecting services includes a detailed pre-site review with client. This is then followed up with a description of the two types of disinfecting services that EFS, Inc. can provide for the client. Once the client has selected which disinfecting procedure they would like performed, our highly trained staff is then equipped with the correct PPE. Once on site, our team will work with the client to ensure that all areas that have come in contact with COVID–19 positive or suspected positive individuals is thoroughly disinfected.
We know that this situation is evolving daily, and we intend to continue to respond quickly and efficiently to all of our client requests to battle against the COVID-19 pandemic.
COVID RESPONSE PLAN
COVID Experience and Disinfecting Cleaning Program
Immediately upon COVID-19 being declared a pandemic in March 2020, Jim Ferraro and the management team began to research and develop our Disinfecting Deep Cleaning Services plan as per the Centers for Disease Control and Prevention (CDC) guidelines. EFS, Inc. monitors both CDC and World Health Organization (WHO) websites for updates and additional information to assist us in the fight against COVID-19.
As of January 15, 2022, we have:
7068 EXHIBIT "A-1" EXHIBIT "A-1" - 31
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 461
EXECUTIVE FACILITIES SERVICES, INC.
• Clean and disinfect all “high touch” points
• Clean and disinfect all doors, door handles, and fixtures • Clean and disinfect all kitchen equipment and cabinets • Perform all high dusting and cleaning of light fixtures, air diffusers, and door frames
• Damp wipe all baseboards
• Thoroughly disinfect all vertical and horizontal surfaces, including but not limited to desks, windowsills, tables, built-in cabinets, lighting fixtures, shelves, walls, doors, door frames, doorknobs, door handles, light switches, telephones, handrails, etc.
• Vacuum all carpeted areas making sure to get underneath built-ins, into corners and along edges.
RESTROOMS:
• Scour and sanitize all basins, toilets, urinals, and showers inside and out
• Clean and disinfect all bright work
• Clean and disinfect all partitions
• Wash and disinfect all tile throughout restrooms with disinfectant
• Disinfect and polish mirrors in restrooms
WINDOWS:
• Clean and disinfect inside window ledges
• Clean and disinfect all window frames
COVID RESPONSE PLAN
Hand Touch Disinfecting Specifications
Facility Disinfecting Deep Cleaning Specifications for offices, hallways, common areas, restrooms, break rooms and kitchens:
69 EXHIBIT "A-1" EXHIBIT "A-1" - 32
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 462
EXECUTIVE FACILITIES SERVICES, INC.
COVID RESPONSE PLAN
Hand Touch Disinfecting Deep Cleaning Specifications
1. Spray or apply with a towel hospital grade disinfectant to all touch points.
2. Let disinfectant dwell on the surface for the required kill time, usually one minute
3. After the disinfectant is on the surface for the required dwell time, wipe the surface clean and remove any streaks
The major touchpoints that need to be disinfected in offices or cubicles are as follows:
• Cabinet handles
• Door handles
• Desks or cubicle tops
• Light switches
• Phones
• Computer keyboards and
mouse’s
• Copiers and shredders
• Appliance buttons
• Grab rails
• Push plates
• Conference room tables and
chairs
• Restroom partitions
• Restroom fixtures
• Switch plates
• File cabinets
• Opening edges of entry points
• Elevator buttons
• Door jambs
• Coffee stations
• Changing tables
• TP, towel and soap dispensers
70 EXHIBIT "A-1" EXHIBIT "A-1" - 33
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 463
EXECUTIVE FACILITIES SERVICES, INC.
DISINFECTING PRODUCT INFORMA TION
CO VID-19 Electrostatic Disinfecting Spraying Solution
Protexus Electrostatic Sprayer System
EFS, Inc. implements a research-driven technique of disinfecting that will reduce disinfecting expenses and increase our efficiency, known as the Protexus Electrostatic Sprayer System. By using the Protexus Electrostatic Sprayer System paired with the hospital grade PurTab disinfecting chemical, we have reduced the kill time of the disinfectant to one minute. We have found that in utilizing this system, we can drastically increase our efficiency of disinfecting services to approximately 10,000 square feet per hour.
We understand the safety and health of our clients’ staff members is key, so EFS, Inc. selected the PurTab chemical for its non-toxic, non-corrosive characteristics as an EPAregistered disinfectant. The PurT ab chemical can be applied at any time throughout the day and left on high touch surfaces with little to no residue. Depending on the saturation of the surface the PurTab disinfectant dries completely within minutes.
By utilizing these two disinfecting tools, we can dramatically increase the productivity of our staff and increase the frequency of disinfecting that can occur during a standard workday. EFS, Inc. believes that using this method of disinfecting services will greatly benefit the City of Banning as it will increase the frequency of disinfection and provide peace of mind to residents, staff, and visitors to all of the buildings within the City of Banning.
Link to Protexus Electrostatic Sprayer System
https/www.youtube.com/watch??v=k1agZEwcfLQ&feature=youtu.be 71 EXHIBIT "A-1" EXHIBIT "A-1" - 34
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 464
EXECUTIVE FACILITIES SERVICES, INC.
DISINFECTING PRODUCT INFORMA TION
Protexus Electrostatic Sprayer System
72 EXHIBIT "A-1" EXHIBIT "A-1" - 35
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 465
EXECUTIVE FACILITIES SERVICES, INC.
DISINFECTING PRODUCT INFORMATION
Evaclean
73 EXHIBIT "A-1" EXHIBIT "A-1" - 36
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 466
EXECUTIVE FACILITIES SERVICES, INC.
DISINFECTING PRODUCT INFORMATION
EPA Certified Disinfectant
74 EXHIBIT "A-1" EXHIBIT "A-1" - 37
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 467
EXECUTIVE FACILITIES SERVICES, INC.
DISINFECTING PRODUCT INFORMATION
EPA Certified Disinfectant
75 EXHIBIT "A-1" EXHIBIT "A-1" - 38
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 468
EXECUTIVE FACILITIES SERVICES, INC.
WAXIE Letter of Recommendation
January 23, 2023
To whom it may concern,
WAXIE Sanitary Supply has had a long term partnership with Executive Facilities Services Inc. with both companies having like goals of helping customers keep buildings cleaner, safer and healthier. WAXIE provides multiple training classes on restroom care, Green Cleaning Practices, floor care, carpet care and COVID – 19 to our customers of which EFS Inc. participates in. Along with that, WAXIE prides itself on finding solutions for customers to meet all of their cleaning needs.
Together with EFS Inc. we have been able to create cleaning protocols during the pandemic using electro-static sprayers, EPA N-List approved disinfectants and PPE, all while providing the other necessary products in a timely manner. I know if EFS Inc. is chosen for your facility, they will provide the same level of excellent service that other customers like yourself are receiving.
Sincerely,
Theresa Cummins
Regional Sales Manager
WAXIE – Ontario, CA
[email protected]
Cell # 702-768-5696
www.waxie.com
Regional Inventory Center 905 N. Wineville Avenue Ontario, CA 91764-5595 (800) 443-3469 (909)942-4100 FAX (909) 942-3199 www.waxie.com 7876 EXHIBIT "A-1" EXHIBIT "A-1" - 39
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 469
EXECUTIVE FACILITIES SERVICES, INC.
BUSINESS ATTIRE
EFS, Inc. Uniform: apron, employee badge, and t-shirt
77 EXHIBIT "A-1" EXHIBIT "A-1" - 40
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 470
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Nicole Jews, Human Resources Manager
Lincoln Bogard, Administrative Services Director
MEETING DATE: June 11, 2024
SUBJECT: Consideration of Resolution 2024-91, Awarding a Professional Services Agreement to CPS HR Consulting for as Needed Executive Recruitment Services
RECOMMENDATION:
Adopt Resolution 2024-91
BACKGROUND:
As a full service agency, the City of Banning, Human Resources Department is responsible for a wide range of operation, maintenance, administrative, and compliance functions which require specialized skill sets. In order to obtain the specific knowledge, skills, and abilities necessary to fulfill these obligations, the City must conduct extensive employment recruiting processes to find and hire qualified staff. Such recruitments are typically conducted by the Human Resources Department, but occasional assistance of a recruiting firm can aide in finding the necessary resources for hard-to-fill positions.
On February 15, 2024, the Purchasing Division issued Request for Proposals (RFP) 23- 025 for Executive Recruitment Services. This RFP was posted on OpenGov bid platform. The solicitation closed on March 25, 2024, with fourteen (14) proposals being received by the deadline. Fourteen (14) proposals were deemed responsive and responsible, and were evaluated by the Evaluation Committee in accordance with the following selection criteria:
Qualifications
Pricing
Experience (Projects of similar size and scope)
Professional References
Approach and Methodology
Value Added Services
The Evaluation Committee determined that CPS HR is the proposer offering the best overall value to the City. Under the terms of the proposed agreement, CPS HR will provide executive recruitment services to include the following:
Conduct local, regional, and/or nationwide searches for individual positions Review candidate qualifications and provide recommendations for personal interview by City of Banning, HR
471
Perform reference/background checks, and coordinate with City of Banning, HR to present offers and confirm acceptance
Staff recommendations to award to CPS HR to provide Executive Recruitment Services, for a base initial period of three (3) years with two (2) optional one-year extensions. This is exempt from the Purchasing Policy B-30 Section 3-105(6).
JUSTIFICATION:
Executive Recruitment Services typically generate a larger applicant pool of candidates who are highly qualified for the position. City staff do not currently have the capacity to complete this recruitment due to workload issues. Salary and benefit savings while the position is vacant is anticipated to cover the cost of the consulting services.
FISCAL IMPACT:
This is exempt from the Purchasing Policy B-30 Section 3-105(6). This agreement is anticipated to be funded from salary and benefit savings related to the vacant position(s).
ALTERNATIVES:
1. Adopt Resolution 2024-91 as recommended.
2. Adopt Resolution 2024-91 with modifications.
3. Do not approve Resolution 2024-91 and provide alternative direction to staff.
ATTACHMENTS:
1. Resolution 2024-91, CPSHR Consulting for Exec Recruitment.docx
2. Exhibit A - C01038 CPS HR Executive Recruitment.pdf
3. _Proposal_for_BanningCA_ExecSearchSvcs_03.2024.pdf
472
Resolution 2024-91
RESOLUTION 2024-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
AWARDING A PROFESSIONAL SERVICES AGREEMENT TO CPS HR CONSULTING FOR
AS NEEDED EXECUTIVE RECRUITMENT SERVICES
WHEREAS, the City of Banning, Human Resources Department has the need to use Executive Recruitment firms to assist with the recruitment process to fill vacant specialized higherlevel positions. A Request for Proposal was sent to Executive Recruitment firms; and WHEREAS, fourteen (14) responses to the RFP were received by the deadline and have been reviewed. Based on the responses received, it is recommended that CPS HR Consulting will provide the most appropriate service to the City. This service is exempt from the Purchasing Policy B-30 Section 3-105(6). Funding for the Professional Services will be available as a result of the salary and benefit savings that will occur due to the position vacancies; and WHEREAS, Executive Recruitment Services typically generate a larger applicant pool of candidates who are highly qualified for the position. City staff do not currently have the capacity to complete this recruitment due to workload issues. Salary and benefit savings while the position is vacant will cover the cost of the consulting services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves a Professional Services Agreement with CPS HR Consulting for executive recruitment services, attached as Exhibit A.
SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to the Professional Services Agreement and to execute the Agreement on behalf of the City Council.
SECTION 3. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution and, in his sole discretion, to exercise a renewal option for two (2) additional single year periods.
SECTION 4. The City Clerk shall certify the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 11th day of June 2024.
Alberto Sanchez, Mayor
City of Banning
ATTEST:
473
Resolution 2024-91
Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:
Serita R. Young, City Attorney
Richards, Watson & Gershon
474
Resolution 2024-91
CERTIFICATION:
I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-91, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 11th day of June 2024 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
475
Resolution 2024-91
Exhibit A
Agreement with CPS HR Consulting
476
-1-
2344655v8
AGREEMENT FOR PROFESSIONAL SERVICES (C01038) FOR
EXECUTIVE RECRUITMENT SERVICES BY AND BETWEEN CITY OF
BANNING AND COOPERATIVE PERSONNEL SERVICES HR
CONSULTING DBA CPS HR CONSULTING
THIS AGREEMENT FOR PROFESSIONAL SERVICES (herein “Agreement”) is made and entered into this day: ___________________, (“Effective Date”) by and between the CITY OF BANNING, a California municipal corporation (“City”) and COOPERATIVE
PERSONNEL SERVICES HR CONSULTING DBA CPS HR CONSULTING
(“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought by issuance of a Request for Proposal (RFP #23-053) for the performance of the services for Executive Recruitment Services and as further defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by City to perform those services.
C. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
D. Pursuant to the City of Banning’s Municipal Code, City has authority to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the “Services” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Consultant covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, and fit 477
-2-
for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Contract Documents and Exhibits.
This Agreement includes the Request for Proposal and Consultant’s accepted proposal (“Contract Documents”), both of which are on file with the City and incorporated herein by this general reference as though fully set forth herein. Exhibit A (Scope of Services), Exhibit B (Special Requirements), Exhibit C (Schedule of Compensation), and Exhibit D (Schedule of Performance) also constitute a part of this Agreement and are incorporated into this Agreement by this reference. Except as set forth in Section 1.10 regarding Exhibit B, this Agreement controls over the Contract Documents and the provisions in Exhibits A, B and C.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning all ordinances, resolutions, statutes, rules, and regulations of City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered, and shall render all Services hereunder in accordance therewith.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain and maintain during the term of this Agreement, at its sole cost and expense, all necessary licenses, permits, certificates and approvals required by law for the performance of Services under this Agreement, including a City business license. Consultant shall have the sole obligation to pay for all fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for Consultant’s performance of the Services required by this Agreement. Consultant shall indemnify, defend and hold harmless City, its officers, employees or agents, against all such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Services.
By executing this Agreement, Consultant warrants that Consultant: (i) has thoroughly investigated and considered the Scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities and any difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions existing therein, prior to commencement of Services hereunder. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer (defined in Section 1.12. A). 478
-3-
1.6 Prevention of Loss and Damages.
Consultant shall adopt reasonable methods during the Term (defined in Section 3.4) to furnish continuous protection to the work product, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.
1.7 Further Responsibilities of Parties.
Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonable necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither Party shall be responsible to perform the Services of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra services beyond that specified in the Scope of Services or to make changes by altering, adding to or deducting from the Services. No such extra services may be undertaken unless a written order is first given by the Contract Officer to Consultant, which written order incorporates therein an adjustment in (i) the Contract Sum (as defined in Section
2.1), and/or (ii) the Schedule of Performance, (as defined in Section 3.2), and which written order is approved in writing by Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum, or $25,000, whichever is less; or in the Schedule of Performance of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to Services which are specifically set forth in the Scope of Services or which are reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
1.9 Facilities and Equipment.
Except as otherwise provided, Consultant shall, at its own cost and expense, provide all facilities and equipment necessary to perform the Services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space (“City Facilities”), as City deems, in its sole discretion, to be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quality, and time of furnishing City Facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facilities that may involve incurring any direct expense, including but not limited to a computer, long distance telephone, network data, internet or other communication charges, vehicles and reproduction facilities. 479
-4-
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.
1.11 Corrections.
In addition to the indemnification obligations set forth in Article 4, and Sections 1.4, 1.13,
5.3, 5.4, and 6.3, Consultant shall correct, at its expense, all errors in the Services which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction(s) in a reasonably timely manner, such correction(s) may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction(s) from any retention amount held by City, or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction(s), as provided in Section 6.3.
1.12 Party Representatives.
A. Contract Officer: For the purposes of this Agreement, the Contract Officer shall be the City Manager, or such other person designated in writing by the City Manager (“Contract Officer”). Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.
B. Principals and Personnel of Consultant.
1) Consultant Representative: The following principal of Consultant is hereby designated as being the Consultant Representative authorized to act on Consultant’s behalf regarding the Services specified herein and make all decisions in connection therewith:
Name Title
Melissa Asher Senior Practice Leader
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Consultant Representative were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Consultant Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Consultant Representative. For purposes of this Agreement, the foregoing Consultant Representative may not be replaced nor may their responsibilities be substantially reduced or reassigned by Consultant without the express written approval of City. It shall be Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Consultant shall refer any decisions which must be made by City to the Contract Officer. 480
-5-
2) Consultant’s Personnel: Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified to perform such Services. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement.
Consultant shall notify City of all changes in Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or sub-contractor of Consultant, City shall give notice as set forth in Section 8.1. Consultant shall, immediately upon the receipt of the notice to re-assign staff from City, reassign such person or persons.
1.13 Independent Contractor.
A. Consultant is an independent contractor and not an employee of City.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. All Services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services. Any additional personnel performing Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
B. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant’s personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.
1.14 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, the Consultant Representative and employees were a substantial inducement for City to enter into this Agreement.
Therefore, Consultant shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this 481
-6-
Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Consultant be paid more than One Hundred Thousand Dollars ($100,000.00) (the “Contract Sum”). The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Coordination of the performance of the Services with City is a critical component of the Services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending those meetings.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion of the Services, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Consultant’s rates as specified in the Schedule of Compensation, provided that time estimates are provided for the performance of sub tasks, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
City shall only reimburse Consultant for those actual and necessary expenses expressly set forth in Exhibit C. Reimbursable expenses may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual sub-contractor expenses of an approved sub-contractor pursuant to Section 1.14, and only if specified in the Schedule of Compensation.
2.4 Unauthorized Services and Expenses.
City will not pay for any Services or reimburse for any expenses incurred which are not specified in the Scope of Services, unless authorized in writing as set forth in Section 1.8 of this Agreement. City shall make payment for such authorized additional Services and expenses in accordance with Article 2 of this Agreement.
2.5 Invoices.
Each month Consultant shall furnish to City an original invoice for all Services performed and expenses incurred during the preceding month. Each such invoice shall contain all of the information set forth in Section III of Exhibit C to this Agreement. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the 482
-7-
Agreement. Consultant shall not invoice City for any duplicate Services performed by more than one person.
City shall independently review each invoice submitted by Consultant to determine whether the Services performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice, except as to any charges for Services performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 6.3. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City of any invoice provided by Consultant shall not constitute waiver of any rights or remedies provided herein or any applicable law.
2.6 Waiver.
Payment to Consultant for Services performed pursuant to this Agreement shall not be deemed to waive any defects in Services performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit D and incorporated herein by this reference.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant. Such unforeseeable consequences include, but are not restricted to, acts of God or public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified, subject to the provisions of Section 1.8. The Contract Officer’s determination (or the City Council’s determination, in the event the period of enforced delay exceeds the period specified in Section
1.8) shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant 483
-8-
be entitled to recover damages against City for any delay in the performance of this Agreement, however caused; Consultant’s sole remedy shall be the extension of the Agreement pursuant to this Section.
3.4 Term.
The Term of this Agreement shall be from the Effective Date through June 30, 2027, with two (2) one-year renewal options, unless sooner terminated as provided in Article 6 of this Agreement or extended as provided in Sections 1.8 and 3.3 of this Agreement. Maximum term and any subsequent amendment or modification shall not exceed five (5) years.
ARTICLE 4. INSURANCE AND INDEMNIFICATION
4.1 Minimum Scope and Limits of Insurance.
Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
A. Commercial General Liability Insurance with a minimum limit of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, members, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
B. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy.
C. Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required; however, Consultant shall execute a declaration that it has no employees.
D. Professional Liability/Errors and Omissions Insurance with minimum limits of $1,000,000.00 per claim and in the aggregate.
4.2 Acceptability of Insurers.
The insurance policies required under this Article shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest 484
-9-
edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Article.
4.3 Additional Insured.
The commercial general and automobile liability policies shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds.
4.4 Primary and Non-Contributing.
The insurance policies required under this Article shall apply on a primary noncontributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
4.5 Consultant’s Waiver of Subrogation.
The insurance policies required under this Article shall not prohibit Consultant and Consultant’s employees, agents or sub-contractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
4.6 Deductibles and Self-Insured Retentions.
Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City; or Consultant shall procure a bond guaranteeing payment of losses and expenses.
4.7 Cancellations or Modifications to Coverage.
Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Article during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Article is canceled or reduced in coverage or limits, Consultant shall, within two (2) Business Days (as defined in Section 8.12) of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
4.8 City Remedy for Noncompliance.
If Consultant does not maintain the policies of insurance required under this Article in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Article, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
Consultant shall promptly reimburse City for any premium paid by City, or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 485
-10-
4.9 Evidence of Insurance.
Prior to the performance of Services under this Agreement, Consultant shall furnish the City Clerk with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Article. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with the City Clerk.
Consultant shall provide proof to the City Clerk that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
4.10 Indemnity Requirements not Limiting.
Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under this Agreement.
4.11 Sub-contractor Insurance Requirements.
Consultant shall require each of its sub-contractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Article.
4.12 Indemnification, Hold Harmless, and Duty to Defend.
A. Indemnification of City.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
486
-11-
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2. 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Article from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement.
If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s sub-contractor, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s sub-contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
B. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and obligations under this Article, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Article shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Consultant’s indemnifications and obligations under this Article shall survive the expiration or termination of this Agreement.
ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION
5.1 Service Records.
Consultant shall keep, and require sub-contractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and Services performed hereunder (the “Service Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer 487
-12-
to evaluate the performance of such Services. Any and all such Service Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Service Records at all times during normal business hours of City, including the right to inspect, copy, audit and make copies and transcripts from such Service Records. Such Service Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Service Records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the Service Records may be given to City, and access shall be provided by Consultant’s successor in interest (“Consultant’s Successor”). If custody of the Service Records is given to Consultant’s Successor, Consultant shall give written notice to City of the transfer of the Service Records to Consultant’s Successor. The notice shall include contact information (address and telephone number) for Consultant’s Successor, and access shall be provided to City by Consultant’s Successor.
5.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that City is greatly concerned about the cost of Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein, Consultant shall promptly notify the Contract Officer of that fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.
5.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “Consultant Documents”) prepared by Consultant, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Consultant Documents hereunder. Any use, reuse or assignment of such completed Consultant Documents for other projects and/or use of uncompleted Consultant Documents without specific written authorization by Consultant will be at City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use or assignment. Consultant may retain copies of such Consultant Documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. All sub-contractors shall provide for assignment to City of all Consultant Documents prepared by them; and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
5.4 Confidentiality and Release of Information.
A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the 488
-13-
public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
B. Consultant, its officers, employees, agents or sub-contractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
C. If Consultant, or any officer, employee, agent or sub-contractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.
D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub-contractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any Party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite the response.
ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION
6.1 California Law.
This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
6.2 Disputes; Default.
A. In the event that City determines Consultant is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any Services performed after the date of default. In addition to the provisions of Section 4.8, and the right to terminate pursuant to Section 6.7, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City may serve Consultant with written notice of the default. Consultant shall have ten (10) calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. 489
-14-
In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
B. In the event of termination pursuant to this Section, City may take over the Services and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City as provided in Section 6.3.
6.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement): (i) any payment amount of which may be in dispute hereunder or which is necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, (ii) all amounts retained pursuant to the provisions of Section 4.8, (iii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement, and (iv) all payments due or that become due to Consultant during the period that Consultant or any of its sub-contractors fail to maintain any required insurance in full force and effect, until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City, as provided in Section 4.9, above. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.
6.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either Party of any default must be in writing, and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
6.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party 490
-15-
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
6.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant must file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action against City under this Agreement.
6.7 Termination Prior to Expiration of Term.
This Article 6 shall govern any termination of this Agreement except as specifically provided in Section 6.2 for termination for default of Consultant. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of Consultant, the period of notice may be a shorter time as may be determined by the Contract Officer. In addition, Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of City, the period of notice may be a shorter time as Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Except where Consultant has initiated termination, Consultant shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 6.3. In the event Consultant has initiated termination, Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 6.2.
6.8 Attorneys’ Fees.
In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorney’s fees on any appeal, and in addition the Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 491
-16-
ARTICLE 7. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
7.1 Non-liability of City Officers and Employees.
No officer or employee of City shall be personally liable to Consultant, or Consultant’s Successor, in the event of any default or breach by City or for any amount which may become due to Consultant or Consultant’s Successor, or for breach of any obligation of the terms of this Agreement.
7.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub-contractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of City shall have any direct or indirect financial interest in this Agreement within the scope of Government Code section 1090, nor shall any such officer or employee make, participate in making, or use his or her official position to influence, any City decision relating to the Agreement which has a material financial effect on his or her financial interests or the financial interests of any corporation, partnership or association in which he or she is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given, and will not pay or give any third party any money or other consideration for obtaining this Agreement.
Consultant and its officers, employees, associates and sub-contractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients; but Consultant and its officers, employees, associates and subcontractors shall not, without the Contract Officer’s prior written approval, perform services for another person or entity for whom Consultant is not currently performing services that would require Consultant or one of its officers, employees, associates or sub-contractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.
7.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, or ancestry in the performance of this Agreement.
Consultant shall take affirmative action to insure that applicants are employed, and that employees 492
-17-
are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry, or other protected class.
7.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of Services covered by this Agreement, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 8. MISCELLANEOUS PROVISIONS
8.1 Notices.
Any notice, demand, request, document, consent, approval, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on confirmed delivery by courier service or overnight delivery service during Consultant’s and City’s regular business hours; or (b) three (3) Business Days after deposit in the United States mail, by certified or registered mail, and addressed to the Party to be notified as set forth below:
If to City Attn: Nicole Jews
HR Manager
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
With a courtesy copy to: Serita R. Young, City Attorney Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Email: [email protected]
If to Consultant: Attn: Melissa Asher
Senior Practice Leader
Cooperative Personnel Services Hr Consulting dba
CPS Hr Consulting
2450 Del Paso Road, Suite 220
Sacramento, CA 95834
Email: [email protected]
493
-18-
8.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
8.4 Integration; Amendment.
This Agreement, and all exhibits referred to in this Agreement, constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. No amendment to or modification of this Agreement, nor any provision or breach hereof waived, shall be valid unless made in writing and approved by Consultant and by City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
8.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
8.6 Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.
B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 494
-19-
8.7 No Third Party Beneficiaries Intended.
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
8.8 Final Payment Acceptance Constitutes Release.
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s Services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-contractors and agents for the accuracy and competency of the information provided and/or Services performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the Services prepared by Consultant, its employees, sub-contractors and agents.
8.9 Non-Appropriation of Funds.
Payments to be made to Consultant by City for Services performed within the current fiscal year which are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
8.10 Headings.
The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
8.11 Word Usage.
Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
8.12 Business Days.
“Business Days” refers to days that the Banning City Hall is open for business.
8.13 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i): such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver 495
-20-
this Agreement on behalf of that Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which that Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
8.14 Electronic Signatures.
Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
496
-21-
IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BANNING CONSULTANT
Douglas Schulze, Date
City Manager
NAME: Date
TITLE:
NAME: Date
TITLE:
ATTEST:
Tax ID No.
Caroline Patton Date
Administrative City Clerk
Address:
APPROVED AS TO FORM:
Richards, Watson & Gershon
City Council Approval: _____________
Serita R. Young Date
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
497
Exhibit “A”-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing Executive Recruitment Services prepared in connection therewith:
II. As part of the Services, Consultant will prepare and deliver the following tangible work products and services to City:
498
Proposal to City of Banning
Executive Recruitment Services
Page | 1
Statement of Understanding and Approach
Statement of Understanding
It is our understanding that the City of Banning is seeking a highly qualified firm to provide the City with comprehensive recruitments for executive level positions. CPS HR specializes in the recruitment and selection of key professionals for cities, counties, special districts, and non-profits. Working in partnership with the governing body or selection team, we develop customized search strategies that focus on locating and recruiting qualified candidates who match the agency’s unique needs. Our wealth of recruitment experience has been gained through more than 20 years of placing top and mid-level executives in public agencies throughout the United States. ◼ Unmatched Recruitment Experience for Government Agencies. CPS HR has extensive experience in recruiting executive-level professionals for public agencies across the United States. As a public agency ourselves, we understand how to work with and within government. Our understanding of public sector culture and policy uniquely sets us apart from our competitors.
◼ Focus on Diversity Recruiting. In the past three years, 57% of the candidates placed by CPS HR are female, members of ethnic minorities or both. To continue this trend, CPS HR is constantly assessing the best methods for reaching the broadest network of possible candidates. To that end, we have just signed a contract with Zoom Info, a new sourcing platform, that includes a diversity sourcing filter.
◼ Seasoned Executive Recruiters. Our recruiters possess a high level of expertise in recruiting and placing executive-level professionals. Our staff of experts includes an exceptional group of full-time employees as well as a full complement of subject matter experts, intermittent employees, and part-time employees with a variety of public and private sector experience.
◼ Detailed Needs Assessments. We conduct a detailed needs assessment to identify 1) future organizational direction; 2) challenges facing the position; 3) the working style and organizational climate; and 4) required core and job specific competencies as well as personal and professional characteristics.
◼ Success Recruiting Non-Job Seeking Talent. We recognize that the very best candidates for some types of positions may not be looking for a career change, therefore, our recruitment team takes a very aggressive approach to identify and recruit such candidates.
◼ Vast Pool of Public Agency Contacts. CPS HR maintains a database of candidates and an extensive network of external resources to leverage for executive-level positions. We utilize our vast pool of public and non-profit contacts to deliver a strong list of competitive candidates who will be well prepared to assist you in the accomplishment of your specific mission and goals.
EXHIBIT "A" Exhibit "A" - 2
499
Proposal to City of Banning
Executive Recruitment Services
Page | 2
◼ Satisfied Clients. Our executive search client satisfaction rating averages 4.6 on a scale of 5. While many companies talk about client satisfaction, how many measure the impact of that through assessing client satisfaction by distributing written surveys and tying the results of these surveys to their performance management system? CPS HR Consulting does. A client satisfaction survey is sent at the end of every engagement requesting feedback on the quality of our staff, deliverables, and the overall consulting relationship. ◼ Retention/Success Rate. Our success rate is tied to the longevity of the candidates we place, currently more than 95% of our placements are still in their position after two years.
Our Approach
Key Stakeholder Involvement
The Hiring Authority on behalf of the City of Banning must be intimately involved in the search for each new position. Our approach assumes their direct participation in key phases of the search process. At the discretion of the Hiring Authority, other key stakeholders may also be invited to provide input for the development of the candidate profile.
City’s Needs
A critical first step in a successful executive search is for the Hiring Authority to define the professional and personal qualities required of each position. CPS HR has developed a very effective process that will permit the Hiring Authority to clarify the preferred future direction for the City; the specific challenges the City is likely to face in achieving this future direction; the working style and organizational climate the Hiring Authority wishes to establish with each position; and ultimately, the professional and personal qualities required of each position.
Commitment to Communication
Throughout the recruitment process, we are strongly committed to keeping you fully informed of our progress. We will collaborate with you to provide updates on the status of the recruitment via your preferred method of communication (phone conference, email, etc.).
We place the highest level of importance on customer service and responding in a timely manner to all client and candidate inquiries. Our previous clients and candidates have expressed a sincere appreciation for our level of service and responsiveness to the management of the recruitment process. As a result, we have many long-term relationships with clients that have led to opportunities to assist them with multiple recruitments.
CPS HR’s communication continues once you have selected a desired candidate for the position.
We will contact the Hiring Authority and the newly appointed candidate within six months of appointment to ensure an effective transition has occurred.
EXHIBIT "A" Exhibit "A" - 3
500
Proposal to City of Banning
Executive Recruitment Services
Page | 3
Aggressive, Proactive, and Robust Recruitment
We take an aggressive approach in identifying and recruiting the best available candidates. There are those candidates who would gladly rise to the professional challenge and apply for this position; however, some of the best candidates are often not actively seeking a new position and may only consider a change once we present them with your opportunity. Evoking the sense of vision and opportunity in qualified persons is among the responsibilities of CPS HR, and we pride ourselves in our efforts to reach the best available potential candidates. We use advertisements, directly email the outreach brochure, post messages and connect with potential candidates on business media such as LinkedIn, and of course, pick up the phone and call qualified individuals and referral sources.
Diversity Outreach Process
CPS HR strives to attract the most highly qualified, diverse candidate pool possible. We are pleased that our diligent efforts have resulted in more than 57% of our executive level placements being people of color and/or female candidates within the past three years.
We accomplished this by advertising with organizations like the National Forum for Black Public Administrators and the Local Government Hispanic Network in order to reach these specific population groups. We also seek candidate referrals from local subject matter experts and the national leadership of groups like Women Leading Government. By taking the time to directly contact these influential industry experts, we ensure that we capture the maximum number of distinguished candidates – particularly those who are well-known in their industries, but who may not be actively looking for a new job.
The result is incredibly diverse candidate pools. Our clients have been quite pleased with our process and end results.
Project Management
CPS HR uses a comprehensive approach for planning, organizing, directing, and controlling consulting engagements. Our approach is designed to ensure a focused and efficiently executed project. We use sound project management procedures and ongoing communication to ensure project success.
CPS HR is convinced that the key ingredient to a successful consulting assignment is an effective combination of sound project management procedures, high-quality project team members, and good customer service. Effective project management is required to provide for the orchestration and timely flow of activities, an ongoing feedback and adjustment mechanism, and the judicious use of time.
CPS HR is dedicated to the commitment of its full complement of resources for the success of all projects. The team members who will be working on this project will be readily accessible and are committed to meeting all deadlines and scheduled timeframes.
EXHIBIT "A" Exhibit "A" - 4
501
Proposal to City of Banning
Executive Recruitment Services
Page | 4
Provide Oversight and Quality Assurance
We are committed to meeting the highest professional standards of quality. Team members are selected for their relevant experience and professional maturity in dealing with project environments such as this. Each will spend an appreciable portion of his or her effort in the review, constructive challenge, and direction of assigned responsibilities.
Our quality assurance procedures include executive level and/or independent peer review of results and progress on a scheduled basis by senior professionals or technical advisors. These individuals provide a critical challenge to the direction and results of project efforts to ensure the project is comprehensive in its breadth and thorough in its depth.
Peer review of engagement reports and documentation is critical to our success. At least one knowledgeable person other than the consultant preparing the document/product must review, critique, and understand the document/deliverable before it is considered ready for delivery to the client. CPS HR’s Project Manager is directly involved in preparing and submitting project deliverables. No documents or materials of any kind are delivered to the client without the Project Manager’s review and approval.
We firmly believe the most important factors in ensuring the highest quality of client satisfaction are the commitment the consultant brings to the engagement and the experience of the firm and the individual consultants working on the engagement.
Respond in a Timely Manner
Beyond the communication capabilities and routine project management practices identified above, our project team also has the depth and breadth necessary to meet time requirements of projects. It is our policy to make the best possible use of working time both on- and off-site.
Our work schedules are completely flexible. Furthermore, as part of our practice, client calls and e-mails will be addressed no later than 24 hours upon receipt, if not earlier.
Meet and Exceed the Client’s Expectations
Our goal is to ensure that our project team will meet or exceed your expectations for all phases of the project, and we will work diligently with your staff to meet fully the objectives of the project. We intend to accomplish this through our combination of sound project management procedures, good customer service, and solid communication strategies.
EXHIBIT "A" Exhibit "A" - 5
502
Proposal to City of Banning
Executive Recruitment Services
Page | 5
Implementation Plan
Our proposed executive search process is designed to provide the City with the full range of services required to ensure the ultimate selection of each new position is uniquely suited to the City's needs. CPS HR can perform Outreach Only or Partial Recruitment services if a Full Recruitment is not currently needed by the City.
Phase I: Our consultant will meet with the Hiring Authority to ascertain the City’s needs and ideal candidate attributes, to target our search efforts, and maximize candidate fit with the City.
Phase II: The recruitment process is tailored to fit the City’s specific wants and needs, with targeted advertising, combined with contacts with qualified individuals from our extensive database.
Phase III: The selection process is customized for the City. CPS HR will work with the Hiring Authority to determine the process best suited to the City of Banning.
Below is a breakdown of the services included in each recruitment option.
Task Description Outreach Partial Full
Phase I - Develop Candidate Profile and Recruitment Strategy 1 Finalize Schedule X X
2 Hold Key Stakeholder Meetings X X X
3 Develop Candidate Profile X X X
4 Develop Recruitment Brochure X X X
Phase II – Aggressive, Proactive, and Robust Recruitment 1 Place Ads X X X
2 Identify and Contact Potential Candidates X X X
3 Review Application Materials X X
4 Conduct Screening Interviews X X
5 Submit Client Report X X
6 Client Meeting to Select Semifinalists X X
7 Notify Candidates X X
Develop
Candidate
Profile and
Recruitment
Strategy
Phase I
Aggressive,
Proactive,
and Robust
Recruitment
Phase II
Selection
Phase III
EXHIBIT "A" Exhibit "A" - 6
503
Proposal to City of Banning
Executive Recruitment Services
Page | 6
Phase III – Selection
1 Prepare Assessment X
2 Schedule Candidates; Coordinate Travel X
3 Prepare Evaluation manuals X
4 Facilitate Finalist Selection Process X
5 Conduct Reference and Background
Checks
X
6 Assist in Negotiation (if requested) X
The first step in this engagement is a thorough review of the City’s needs, culture and goals; the executive search process; and the schedule. CPS HR is prepared to meet with key stakeholders to obtain input in developing the ideal candidate profile and to assist us in understanding key issues and challenges that will face each new position. Activities will include:
◼ Identifying key priorities for the new position and the conditions and challenges likely to be encountered in achieving these priorities.
◼ Describing the type of working relationship the Hiring Authority wishes to establish with the position.
◼ Generating lists of specific competencies, experiences, and personal attributes needed by the new position in light of the discussions above.
◼ Discussing recruitment and selection strategies for the Hiring Authority’s consideration to best produce the intended results.
CPS HR will provide a summary to the City stemming from these activities as an additional source of information for developing the candidate profile and selection criteria.
Following the completion of the workshop session, CPS HR will work with a professional graphic artist to design a recruitment brochure and present it to the City for review. Please refer to Appendix A for a sample brochure. Additional brochure examples are available on our website at www.cpshr.us/recruitment-solutions/executive-search.
Phase I - Develop Candidate Profile and Recruitment
Strategy
Task 1 - Review and Finalize Executive Search Process and Schedule Task 2 - Key Stakeholder Meetings
Task 3 - Candidate Profile and Recruitment Strategy Development Task 4 - Develop Recruitment Brochure
EXHIBIT "A" Exhibit "A" - 7
504
Proposal to City of Banning
Executive Recruitment Services
Page | 7
The recruitment process is tailored to fit the City’s specific wants and needs, with targeted advertising, combined with personal contacts with qualified individuals from our extensive database.
CPS HR will prepare, submit for your approval, and publish advertisements on professional and affiliate websites to attract candidates on a nationwide, regional, local or targeted basis based on the recruitment strategy. Examples may include:
Advertising Sources
• City’s website
• CPS HR website
• CSAC
• Western Cities
• CalGovHR
• Careers in Government
• LinkedIn
• National League of Cities
• National Association of Counties
• Governmentjobs.com
• California City News
• ICMA
• Public CEO
As a consulting firm that interacts with hundreds of public sector executives during engagements, we have a cadre of individuals who we inform of recruitments, both to increase the visibility of the opening and to attract appropriate individuals who fit the special needs of our client.
Communication with these professionals ensures that an accurate picture of the requirements of the job is apparent and proliferated throughout their professional networks.
CPS HR is focused on reaching a diverse candidate pool and would recommend publications/websites that are targeted to minority and female candidates. In addition to placing ads on websites aimed at minority candidates, we will contact leaders within appropriate associations to gain their insight and referrals of possible candidates.
Within the past three years, more than 57% of our executive level placements have been minority and/or female candidates.
CPS HR will prepare an email distribution list containing prospective candidates and referral sources. These individuals will receive a link to the position brochure along with a personal invitation to contact CPS HR should they have any questions about the position.
Phase II – Aggressive, Proactive, and Robust
Recruitment
Task 1 - Place Advertisements
Task 2 - Identify and Contact Potential Candidates
Task 3 - Resume Review and Screening Interviews
Task 4 - Hiring Authority Selects Finalists
EXHIBIT "A" Exhibit "A" - 8
505
Proposal to City of Banning
Executive Recruitment Services
Page | 8
CPS HR maintains a comprehensive, up-to-date database of industry leaders and experienced professionals; however, we do not rely solely upon our current database. We also conduct research to target individuals relevant to your specific needs and expectations to ensure that we are thorough in our efforts to market this position to the appropriate audience and to garner a diverse and quality pool of candidates.
We will:
◼ Convey a strong sense of the purpose and strategy of the City. For many talented individuals, understanding these aspects is one of the key motivators to compete in such an environment.
◼ Provide guidance and resources to candidates regarding the area’s cost of living, mean and median housing prices, higher education opportunities, K-12 education information, and other aspects of interest to those who are considering relocating to the area. ◼ Actively seek highly qualified candidates who may be attracted by the prospect of collaboration with other departments, providing exceptional leadership to the City or continuing to ensure the public confidence in the integrity of the City.
CPS HR will directly receive and initially screen all resumes. This screening process is specifically designed to assess the personal and professional attributes the City is seeking and will include a thorough review of each candidate's resume, and if applicable, supplemental questionnaire responses and other supporting materials. CPS HR will personally speak to selected candidates during a preliminary screening interview and will spend extensive time ascertaining each candidate’s long-term career goals and reasons why the candidate is seeking this opportunity, as well as gaining a solid understanding of the candidate’s technical competence and management philosophy. We will gather data on any other unique aspects specific to this recruitment based upon the candidate profile, as well as conduct internet research on each candidate interviewed.
CPS HR will prepare a written report that summarizes the results of the recruitment process and recommends candidates for further consideration by the Hiring Authority. Typically, the report will recommend five to eight highly qualified candidates and will include resumes and a profile on each interviewee's background. CPS HR will meet with the Hiring Authority to review this report and to assist them in selecting a group of finalists for further evaluation.
Phase III – Selection
Task 1 - Design Selection Process
Task 2 - Administer Selection Process
Task 3 - Final Preparation for Appointment
Task 4 - Contract Negotiation (if requested)
EXHIBIT "A" Exhibit "A" - 9
506
Proposal to City of Banning
Executive Recruitment Services
Page | 9
CPS HR will design a draft selection process based on information gathered in Phase I. We will meet with the City to review this process and discuss the City’s preferred approach in assessing the final candidates. The selection process will typically include an in-depth interview with each candidate but may also include other selection assessments such as an oral presentation, preparation of written materials, and/or problem-solving exercises.
We will coordinate all aspects of the selection process for the City. This includes preparing appropriate materials such as interview questions, evaluation manuals, and other assessment exercises; facilitating the interviews; assisting the City with deliberation of the results; and contacting both successful and unsuccessful candidates.
Following the completion of the selection process, CPS HR will be available to complete the following components:
◼ Arrange Follow-up Interviews/Final Assessment Process: Should the City wish to arrange follow-up interviews and/or conduct a final assessment in order to make a selection, CPS HR will coordinate this effort.
◼ Conduct In-Depth Reference Checks: The in-depth reference checks are a comprehensive 360-degree evaluation process whereby we speak with current and previous supervisors, peers, and direct reports. (It is our policy to not contact current supervisors until a job offer is made, contingent upon that reference being successfully completed, so as not to jeopardize the candidates’ current employment situation.) Candidates are requested to provide a minimum of five references. CPS HR is able to ascertain significant, detailed information from reference sources due to our commitment to each individual of confidentiality, which leads to a willingness to have an open and candid discussion and results in the best appointment for the City. A written (anonymous) summary of the reference checks is provided to the City.
◼ Conduct Background Checks: Upon a conditional job offer, we will arrange for a background check of a candidate’s records on driving, criminal and civil court, credit history, education, published news, and other sensitive items. Should any negative or questionable content appear during these checks, CPS HR will have a thorough discussion with the finalist(s) and will present a full picture of the situation to the City for further review.
◼ Contract Negotiation (if requested): Successful negotiations are critically important, and we are available to serve as your representative in this process. With our expertise, we can advise you regarding current approaches to various components of an employment package. We can represent your interests with regards to salary, benefits, employment agreements, housing, relocation, and other aspects, with the ultimate goal of securing your chosen candidate.
EXHIBIT "A" Exhibit "A" - 10
507
Proposal to City of Banning
Executive Recruitment Services
Page | 10
Timeline
The project team CPS HR has selected is prepared to begin work upon receipt of a fully-executed contractual agreement. All search activities up to and including the selection of a desired candidate can be completed in 12 to 14 weeks for a Full Recruitment. A Partial Recruitment can be completed in approximately 10 to 12 weeks, and an Outreach Only in about 4 to 6 weeks. The precise schedule will depend on the placement of advertising on appropriate professional and affiliate websites, and the ability to schedule, as quickly as possible, the initial meeting. A proposed schedule of major milestones is presented below.
Task Name Month 1 Month 2 Month 3 Month 4
Weeks 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Initial Meeting ➢
Draft Brochure ➢
Brochure Approved/
Printed & Place Ads ➢
Aggressive Recruiting ➢
Final Filing Date ➢
Preliminary Screening ➢
Present Leading
Candidates ➢
Semi-finalist Interviews ➢
Reference/
Background Checks ➢
Final Interviews ➢
Appointment ➢
Weeks 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
EXHIBIT "A" Exhibit "A" - 11
508
Proposal to City of Banning
Executive Recruitment Services
Page | 12
Core Services
CPS HR believes in an integrated, systems-based approach to talent management and provides consulting in all the key areas listed below.
Joint Powers Authority
Cooperative Personnel Services, doing business as CPS HR Consulting, is a national firm and is a governmental Joint Powers Authority (JPA) of the State of California. A JPA is a public agency created pursuant to the Joint Exercise of Powers Act (Government Code 6500 et seq). This Act allows two or more government agencies to establish a new public entity authorized to exercise those powers jointly held. A JPA is an instrumentality of a state or a political subdivision of a state and is not a registered corporation of any state. Cooperative Personnel Services was established under a “Joint Powers Agreement” by the State Personnel Board of the State of California, the counties of Sacramento and Sonoma, the Hayward Unified School District, the City of Anaheim, and the East Bay Municipal Utility District, and its purpose is to provide the opportunity for the joint powers “to discuss, study and solve common or similar problems with respect to modern human resource and related management processes.”
EXHIBIT "A" Exhibit "A" - 12
509
Exhibit “A”-13
III. In addition to the requirements of Parts I and II of this Scope of Services, during the performance of the Services, Consultant will keep City appraised through periodic status reports regarding the performance of the Services under this Agreement as set forth below and in Section 5.2, by the following means:
a. In-person meetings and/or teleconferences.
b. Email updates/questions to applicant team and City while reviews are underway.
c. Conference calls.
IV. All work product is subject to review and acceptance by City. If the City determines that any work product is unacceptable, for any reason, it must be revised by Consultant without additional charge to City until found satisfactory and accepted by City. 510
Exhibit “B”-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
None
511
Exhibit “C”-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks (“Tasks”) at the rates stated in Exhibit “C-1”
II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.
III. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the Services performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved sub-contractor labor, supplies, equipment, materials, and travel properly charged to the Services. 512
Exhibit “C-1”-1
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
513
Exhibit “D-1”
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely, and deliver the specified tangible work products to City in accordance with schedule requested by City.
II. The Contract Officer may approve extensions for performance of the Services in accordance with Sections 1.8 and 3.3.
514
PROPOSAL
City of Banning
Executive Recruitment Services
RFP-23-053
Due Date: March 25, 2024, 11:59 PM
This proposal is valid for 120 days
Your Path to Performance
SUBMITTED BY:
MELISSA ASHER
Sr. Practice Leader, Products and Services
CPS HR Consulting
2450 Del Paso Road, Suite 220
Sacramento, CA 95834
P: 916-471-3358
[email protected]
Tax ID: 68-0067209
www.cpshr.us
515
Proposal to City of Banning
Executive Recruitment Services
Page | i
Table of Contents
Statement of Understanding and Approach .................................................................................1 Statement of Understanding ....................................................................................................................1 Our Approach............................................................................................................................................2 Implementation Plan ................................................................................................................................5 Phase I - Develop Candidate Profile and Recruitment Strategy..........................................................6 Phase II - Aggressive, Proactive, and Robust Recruitment..................................................................7 Phase III - Selection .............................................................................................................................8 Timeline...................................................................................................................................................10 Company Information.................................................................................................................11 Company Personnel ....................................................................................................................11 Team Biographies....................................................................................................................................14 Experience and References.........................................................................................................17 List of Executive Recruitments................................................................................................................17 References ..............................................................................................................................................29 Variations ....................................................................................................................................30 Appendix A: Sample Brochure.....................................................................................................31 516
Proposal to City of Banning
Executive Recruitment Services
Page | 1
Statement of Understanding and Approach
Statement of Understanding
It is our understanding that the City of Banning is seeking a highly qualified firm to provide the City with comprehensive recruitments for executive level positions. CPS HR specializes in the recruitment and selection of key professionals for cities, counties, special districts, and non-profits. Working in partnership with the governing body or selection team, we develop customized search strategies that focus on locating and recruiting qualified candidates who match the agency’s unique needs. Our wealth of recruitment experience has been gained through more than 20 years of placing top and mid-level executives in public agencies throughout the United States. ◼ Unmatched Recruitment Experience for Government Agencies. CPS HR has extensive experience in recruiting executive-level professionals for public agencies across the United States. As a public agency ourselves, we understand how to work with and within government. Our understanding of public sector culture and policy uniquely sets us apart from our competitors.
◼ Focus on Diversity Recruiting. In the past three years, 57% of the candidates placed by CPS HR are female, members of ethnic minorities or both. To continue this trend, CPS HR is constantly assessing the best methods for reaching the broadest network of possible candidates. To that end, we have just signed a contract with Zoom Info, a new sourcing platform, that includes a diversity sourcing filter.
◼ Seasoned Executive Recruiters. Our recruiters possess a high level of expertise in recruiting and placing executive-level professionals. Our staff of experts includes an exceptional group of full-time employees as well as a full complement of subject matter experts, intermittent employees, and part-time employees with a variety of public and private sector experience.
◼ Detailed Needs Assessments. We conduct a detailed needs assessment to identify 1) future organizational direction; 2) challenges facing the position; 3) the working style and organizational climate; and 4) required core and job specific competencies as well as personal and professional characteristics.
◼ Success Recruiting Non-Job Seeking Talent. We recognize that the very best candidates for some types of positions may not be looking for a career change, therefore, our recruitment team takes a very aggressive approach to identify and recruit such candidates.
◼ Vast Pool of Public Agency Contacts. CPS HR maintains a database of candidates and an extensive network of external resources to leverage for executive-level positions. We utilize our vast pool of public and non-profit contacts to deliver a strong list of competitive candidates who will be well prepared to assist you in the accomplishment of your specific mission and goals.
517
Proposal to City of Banning
Executive Recruitment Services
Page | 2
◼ Satisfied Clients. Our executive search client satisfaction rating averages 4.6 on a scale of 5. While many companies talk about client satisfaction, how many measure the impact of that through assessing client satisfaction by distributing written surveys and tying the results of these surveys to their performance management system? CPS HR Consulting does. A client satisfaction survey is sent at the end of every engagement requesting feedback on the quality of our staff, deliverables, and the overall consulting relationship. ◼ Retention/Success Rate. Our success rate is tied to the longevity of the candidates we place, currently more than 95% of our placements are still in their position after two years.
Our Approach
Key Stakeholder Involvement
The Hiring Authority on behalf of the City of Banning must be intimately involved in the search for each new position. Our approach assumes their direct participation in key phases of the search process. At the discretion of the Hiring Authority, other key stakeholders may also be invited to provide input for the development of the candidate profile.
City’s Needs
A critical first step in a successful executive search is for the Hiring Authority to define the professional and personal qualities required of each position. CPS HR has developed a very effective process that will permit the Hiring Authority to clarify the preferred future direction for the City; the specific challenges the City is likely to face in achieving this future direction; the working style and organizational climate the Hiring Authority wishes to establish with each position; and ultimately, the professional and personal qualities required of each position.
Commitment to Communication
Throughout the recruitment process, we are strongly committed to keeping you fully informed of our progress. We will collaborate with you to provide updates on the status of the recruitment via your preferred method of communication (phone conference, email, etc.).
We place the highest level of importance on customer service and responding in a timely manner to all client and candidate inquiries. Our previous clients and candidates have expressed a sincere appreciation for our level of service and responsiveness to the management of the recruitment process. As a result, we have many long-term relationships with clients that have led to opportunities to assist them with multiple recruitments.
CPS HR’s communication continues once you have selected a desired candidate for the position.
We will contact the Hiring Authority and the newly appointed candidate within six months of appointment to ensure an effective transition has occurred. 518
Proposal to City of Banning
Executive Recruitment Services
Page | 3
Aggressive, Proactive, and Robust Recruitment
We take an aggressive approach in identifying and recruiting the best available candidates. There are those candidates who would gladly rise to the professional challenge and apply for this position; however, some of the best candidates are often not actively seeking a new position and may only consider a change once we present them with your opportunity. Evoking the sense of vision and opportunity in qualified persons is among the responsibilities of CPS HR, and we pride ourselves in our efforts to reach the best available potential candidates. We use advertisements, directly email the outreach brochure, post messages and connect with potential candidates on business media such as LinkedIn, and of course, pick up the phone and call qualified individuals and referral sources.
Diversity Outreach Process
CPS HR strives to attract the most highly qualified, diverse candidate pool possible. We are pleased that our diligent efforts have resulted in more than 57% of our executive level placements being people of color and/or female candidates within the past three years.
We accomplished this by advertising with organizations like the National Forum for Black Public Administrators and the Local Government Hispanic Network in order to reach these specific population groups. We also seek candidate referrals from local subject matter experts and the national leadership of groups like Women Leading Government. By taking the time to directly contact these influential industry experts, we ensure that we capture the maximum number of distinguished candidates – particularly those who are well-known in their industries, but who may not be actively looking for a new job.
The result is incredibly diverse candidate pools. Our clients have been quite pleased with our process and end results.
Project Management
CPS HR uses a comprehensive approach for planning, organizing, directing, and controlling consulting engagements. Our approach is designed to ensure a focused and efficiently executed project. We use sound project management procedures and ongoing communication to ensure project success.
CPS HR is convinced that the key ingredient to a successful consulting assignment is an effective combination of sound project management procedures, high-quality project team members, and good customer service. Effective project management is required to provide for the orchestration and timely flow of activities, an ongoing feedback and adjustment mechanism, and the judicious use of time.
CPS HR is dedicated to the commitment of its full complement of resources for the success of all projects. The team members who will be working on this project will be readily accessible and are committed to meeting all deadlines and scheduled timeframes. 519
Proposal to City of Banning
Executive Recruitment Services
Page | 4
Provide Oversight and Quality Assurance
We are committed to meeting the highest professional standards of quality. Team members are selected for their relevant experience and professional maturity in dealing with project environments such as this. Each will spend an appreciable portion of his or her effort in the review, constructive challenge, and direction of assigned responsibilities.
Our quality assurance procedures include executive level and/or independent peer review of results and progress on a scheduled basis by senior professionals or technical advisors. These individuals provide a critical challenge to the direction and results of project efforts to ensure the project is comprehensive in its breadth and thorough in its depth.
Peer review of engagement reports and documentation is critical to our success. At least one knowledgeable person other than the consultant preparing the document/product must review, critique, and understand the document/deliverable before it is considered ready for delivery to the client. CPS HR’s Project Manager is directly involved in preparing and submitting project deliverables. No documents or materials of any kind are delivered to the client without the Project Manager’s review and approval.
We firmly believe the most important factors in ensuring the highest quality of client satisfaction are the commitment the consultant brings to the engagement and the experience of the firm and the individual consultants working on the engagement.
Respond in a Timely Manner
Beyond the communication capabilities and routine project management practices identified above, our project team also has the depth and breadth necessary to meet time requirements of projects. It is our policy to make the best possible use of working time both on- and off-site.
Our work schedules are completely flexible. Furthermore, as part of our practice, client calls and e-mails will be addressed no later than 24 hours upon receipt, if not earlier.
Meet and Exceed the Client’s Expectations
Our goal is to ensure that our project team will meet or exceed your expectations for all phases of the project, and we will work diligently with your staff to meet fully the objectives of the project. We intend to accomplish this through our combination of sound project management procedures, good customer service, and solid communication strategies. 520
Proposal to City of Banning
Executive Recruitment Services
Page | 5
Implementation Plan
Our proposed executive search process is designed to provide the City with the full range of services required to ensure the ultimate selection of each new position is uniquely suited to the City's needs. CPS HR can perform Outreach Only or Partial Recruitment services if a Full Recruitment is not currently needed by the City.
Phase I: Our consultant will meet with the Hiring Authority to ascertain the City’s needs and ideal candidate attributes, to target our search efforts, and maximize candidate fit with the City.
Phase II: The recruitment process is tailored to fit the City’s specific wants and needs, with targeted advertising, combined with contacts with qualified individuals from our extensive database.
Phase III: The selection process is customized for the City. CPS HR will work with the Hiring Authority to determine the process best suited to the City of Banning.
Below is a breakdown of the services included in each recruitment option.
Task Description Outreach Partial Full
Phase I - Develop Candidate Profile and Recruitment Strategy 1 Finalize Schedule X X
2 Hold Key Stakeholder Meetings X X X
3 Develop Candidate Profile X X X
4 Develop Recruitment Brochure X X X
Phase II – Aggressive, Proactive, and Robust Recruitment 1 Place Ads X X X
2 Identify and Contact Potential Candidates X X X
3 Review Application Materials X X
4 Conduct Screening Interviews X X
5 Submit Client Report X X
6 Client Meeting to Select Semifinalists X X
7 Notify Candidates X X
Develop
Candidate
Profile and
Recruitment
Strategy
Phase I
Aggressive,
Proactive,
and Robust
Recruitment
Phase II
Selection
Phase III
521
Proposal to City of Banning
Executive Recruitment Services
Page | 6
Phase III – Selection
1 Prepare Assessment X
2 Schedule Candidates; Coordinate Travel X
3 Prepare Evaluation manuals X
4 Facilitate Finalist Selection Process X
5 Conduct Reference and Background
Checks
X
6 Assist in Negotiation (if requested) X
The first step in this engagement is a thorough review of the City’s needs, culture and goals; the executive search process; and the schedule. CPS HR is prepared to meet with key stakeholders to obtain input in developing the ideal candidate profile and to assist us in understanding key issues and challenges that will face each new position. Activities will include:
◼ Identifying key priorities for the new position and the conditions and challenges likely to be encountered in achieving these priorities.
◼ Describing the type of working relationship the Hiring Authority wishes to establish with the position.
◼ Generating lists of specific competencies, experiences, and personal attributes needed by the new position in light of the discussions above.
◼ Discussing recruitment and selection strategies for the Hiring Authority’s consideration to best produce the intended results.
CPS HR will provide a summary to the City stemming from these activities as an additional source of information for developing the candidate profile and selection criteria.
Following the completion of the workshop session, CPS HR will work with a professional graphic artist to design a recruitment brochure and present it to the City for review. Please refer to Appendix A for a sample brochure. Additional brochure examples are available on our website at www.cpshr.us/recruitment-solutions/executive-search.
Phase I - Develop Candidate Profile and Recruitment
Strategy
Task 1 - Review and Finalize Executive Search Process and Schedule Task 2 - Key Stakeholder Meetings
Task 3 - Candidate Profile and Recruitment Strategy Development Task 4 - Develop Recruitment Brochure
522
Proposal to City of Banning
Executive Recruitment Services
Page | 7
The recruitment process is tailored to fit the City’s specific wants and needs, with targeted advertising, combined with personal contacts with qualified individuals from our extensive database.
CPS HR will prepare, submit for your approval, and publish advertisements on professional and affiliate websites to attract candidates on a nationwide, regional, local or targeted basis based on the recruitment strategy. Examples may include:
Advertising Sources
• City’s website
• CPS HR website
• CSAC
• Western Cities
• CalGovHR
• Careers in Government
• LinkedIn
• National League of Cities
• National Association of Counties
• Governmentjobs.com
• California City News
• ICMA
• Public CEO
As a consulting firm that interacts with hundreds of public sector executives during engagements, we have a cadre of individuals who we inform of recruitments, both to increase the visibility of the opening and to attract appropriate individuals who fit the special needs of our client.
Communication with these professionals ensures that an accurate picture of the requirements of the job is apparent and proliferated throughout their professional networks.
CPS HR is focused on reaching a diverse candidate pool and would recommend publications/websites that are targeted to minority and female candidates. In addition to placing ads on websites aimed at minority candidates, we will contact leaders within appropriate associations to gain their insight and referrals of possible candidates.
Within the past three years, more than 57% of our executive level placements have been minority and/or female candidates.
CPS HR will prepare an email distribution list containing prospective candidates and referral sources. These individuals will receive a link to the position brochure along with a personal invitation to contact CPS HR should they have any questions about the position.
Phase II – Aggressive, Proactive, and Robust
Recruitment
Task 1 - Place Advertisements
Task 2 - Identify and Contact Potential Candidates
Task 3 - Resume Review and Screening Interviews
Task 4 - Hiring Authority Selects Finalists
523
Proposal to City of Banning
Executive Recruitment Services
Page | 8
CPS HR maintains a comprehensive, up-to-date database of industry leaders and experienced professionals; however, we do not rely solely upon our current database. We also conduct research to target individuals relevant to your specific needs and expectations to ensure that we are thorough in our efforts to market this position to the appropriate audience and to garner a diverse and quality pool of candidates.
We will:
◼ Convey a strong sense of the purpose and strategy of the City. For many talented individuals, understanding these aspects is one of the key motivators to compete in such an environment.
◼ Provide guidance and resources to candidates regarding the area’s cost of living, mean and median housing prices, higher education opportunities, K-12 education information, and other aspects of interest to those who are considering relocating to the area. ◼ Actively seek highly qualified candidates who may be attracted by the prospect of collaboration with other departments, providing exceptional leadership to the City or continuing to ensure the public confidence in the integrity of the City.
CPS HR will directly receive and initially screen all resumes. This screening process is specifically designed to assess the personal and professional attributes the City is seeking and will include a thorough review of each candidate's resume, and if applicable, supplemental questionnaire responses and other supporting materials. CPS HR will personally speak to selected candidates during a preliminary screening interview and will spend extensive time ascertaining each candidate’s long-term career goals and reasons why the candidate is seeking this opportunity, as well as gaining a solid understanding of the candidate’s technical competence and management philosophy. We will gather data on any other unique aspects specific to this recruitment based upon the candidate profile, as well as conduct internet research on each candidate interviewed.
CPS HR will prepare a written report that summarizes the results of the recruitment process and recommends candidates for further consideration by the Hiring Authority. Typically, the report will recommend five to eight highly qualified candidates and will include resumes and a profile on each interviewee's background. CPS HR will meet with the Hiring Authority to review this report and to assist them in selecting a group of finalists for further evaluation.
Phase III – Selection
Task 1 - Design Selection Process
Task 2 - Administer Selection Process
Task 3 - Final Preparation for Appointment
Task 4 - Contract Negotiation (if requested)
524
Proposal to City of Banning
Executive Recruitment Services
Page | 9
CPS HR will design a draft selection process based on information gathered in Phase I. We will meet with the City to review this process and discuss the City’s preferred approach in assessing the final candidates. The selection process will typically include an in-depth interview with each candidate but may also include other selection assessments such as an oral presentation, preparation of written materials, and/or problem-solving exercises.
We will coordinate all aspects of the selection process for the City. This includes preparing appropriate materials such as interview questions, evaluation manuals, and other assessment exercises; facilitating the interviews; assisting the City with deliberation of the results; and contacting both successful and unsuccessful candidates.
Following the completion of the selection process, CPS HR will be available to complete the following components:
◼ Arrange Follow-up Interviews/Final Assessment Process: Should the City wish to arrange follow-up interviews and/or conduct a final assessment in order to make a selection, CPS HR will coordinate this effort.
◼ Conduct In-Depth Reference Checks: The in-depth reference checks are a comprehensive 360-degree evaluation process whereby we speak with current and previous supervisors, peers, and direct reports. (It is our policy to not contact current supervisors until a job offer is made, contingent upon that reference being successfully completed, so as not to jeopardize the candidates’ current employment situation.) Candidates are requested to provide a minimum of five references. CPS HR is able to ascertain significant, detailed information from reference sources due to our commitment to each individual of confidentiality, which leads to a willingness to have an open and candid discussion and results in the best appointment for the City. A written (anonymous) summary of the reference checks is provided to the City.
◼ Conduct Background Checks: Upon a conditional job offer, we will arrange for a background check of a candidate’s records on driving, criminal and civil court, credit history, education, published news, and other sensitive items. Should any negative or questionable content appear during these checks, CPS HR will have a thorough discussion with the finalist(s) and will present a full picture of the situation to the City for further review.
◼ Contract Negotiation (if requested): Successful negotiations are critically important, and we are available to serve as your representative in this process. With our expertise, we can advise you regarding current approaches to various components of an employment package. We can represent your interests with regards to salary, benefits, employment agreements, housing, relocation, and other aspects, with the ultimate goal of securing your chosen candidate.
525
Proposal to City of Banning
Executive Recruitment Services
Page | 10
Timeline
The project team CPS HR has selected is prepared to begin work upon receipt of a fully-executed contractual agreement. All search activities up to and including the selection of a desired candidate can be completed in 12 to 14 weeks for a Full Recruitment. A Partial Recruitment can be completed in approximately 10 to 12 weeks, and an Outreach Only in about 4 to 6 weeks. The precise schedule will depend on the placement of advertising on appropriate professional and affiliate websites, and the ability to schedule, as quickly as possible, the initial meeting. A proposed schedule of major milestones is presented below.
Task Name Month 1 Month 2 Month 3 Month 4
Weeks 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Initial Meeting ➢
Draft Brochure ➢
Brochure Approved/
Printed & Place Ads ➢
Aggressive Recruiting ➢
Final Filing Date ➢
Preliminary Screening ➢
Present Leading
Candidates ➢
Semi-finalist Interviews ➢
Reference/
Background Checks ➢
Final Interviews ➢
Appointment ➢
Weeks 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
526
Proposal to City of Banning
Executive Recruitment Services
Page | 11
Company Information
ORGANIZATION IDENTIFICATION INFORMATION
Legal Name and DBA Cooperative Personnel Services dba CPS HR Consulting Headquarters
Physical: 2450 Del Paso Road, Suite 220, Sacramento, CA 95834 Mailing: 2450 Del Paso Road, Suite 160, Sacramento, CA 95834 Main Phone (800) 822-4277
Regional Offices
20211 Guadalupe Street, Suite 260, Austin, TX 78705
9233 Park Meadows Dr #139, Lone Tree, CO 80124
1968 S. Coast Hwy # 961, Laguna Beach, CA 92651
Year Established 1985
# of FTEs 110
Type of Organization Joint Powers Authority
Website www.cpshr.us
Point of Contact
Melissa Asher, Senior Practice Leader
[email protected]
916-471-3358
CPS HR is a client-centric human resources and management consulting firm specializing in addressing the unique challenges and complexities encountered by government and non-profit organizations. With a history dating back to 1985, we have consistently served as a trusted advisor to our clients, understanding their specific needs as self-supporting public agencies.
Our mission is to advance excellence in human resources within the public sector, and our vision is to empower individuals to fulfill the ideals of public service. CPS HR's core competency lies in our in-depth knowledge and expertise in the public sector landscape. Being a public agency ourselves, we possess a deep understanding of the intricacies and issues faced by our client base.
For nearly four decades, CPS HR has been delivering recruitment and selection services to a wide spectrum of clients, ranging from state, federal, and local governments to special districts and non-profit organizations. Our extensive experience includes numerous projects with agencies of similar size and scope.
527
Proposal to City of Banning
Executive Recruitment Services
Page | 12
Core Services
CPS HR believes in an integrated, systems-based approach to talent management and provides consulting in all the key areas listed below.
Joint Powers Authority
Cooperative Personnel Services, doing business as CPS HR Consulting, is a national firm and is a governmental Joint Powers Authority (JPA) of the State of California. A JPA is a public agency created pursuant to the Joint Exercise of Powers Act (Government Code 6500 et seq). This Act allows two or more government agencies to establish a new public entity authorized to exercise those powers jointly held. A JPA is an instrumentality of a state or a political subdivision of a state and is not a registered corporation of any state. Cooperative Personnel Services was established under a “Joint Powers Agreement” by the State Personnel Board of the State of California, the counties of Sacramento and Sonoma, the Hayward Unified School District, the City of Anaheim, and the East Bay Municipal Utility District, and its purpose is to provide the opportunity for the joint powers “to discuss, study and solve common or similar problems with respect to modern human resource and related management processes.”
528
Proposal to City of Banning
Executive Recruitment Services
Page | 13
Our Chief Executive Officer (CEO) reports to a Board of Directors representing diverse public sector agencies across the nation. Our Board members are listed in the chart on the next page.
Approach to Providing Outstanding Customer Service
CPS HR uses a comprehensive approach for planning, organizing, directing, and controlling consulting engagements. At CPS HR Consulting, our philosophy for delivering outstanding customer service is deeply rooted in our commitment to client satisfaction and success. We understand that every client is unique, and we tailor our approach to meet their specific needs and objectives. Our core principles for exceptional customer service include:
• Client-Centric Approach: We prioritize the client's goals and vision, ensuring that our solutions align with their objectives. By actively listening and engaging with our clients, we develop a comprehensive understanding of their challenges, allowing us to provide tailored and effective solutions.
• Open Communication: We believe in transparent and open communication throughout the project lifecycle. Our dedicated project managers maintain regular contact with clients, providing updates, addressing concerns, and seeking feedback to ensure alignment and satisfaction.
• Responsive and Accessible: Our team is readily available to address client inquiries and concerns promptly. Whether through scheduled meetings, e-mail, or phone calls, we maintain accessibility to support our clients whenever needed. • Expertise and Innovation: Our consultants bring a wealth of knowledge and experience to each project. We stay current with industry best practices and innovative approaches to deliver solutions that drive success.
529
Proposal to City of Banning
Executive Recruitment Services
Page | 14
Company Personnel
CPS HR has assembled a strong project team with each member possessing extensive recruiting experience and a direct, in-depth understanding of local government. Our executive recruitment team will work collectively to fulfill the City’s needs in a timely and effective manner. We are committed to providing each of our clients the same level of service excellence, and we take great care not to take on more work than this commitment allows. We will not utilize subcontractors for these services. No staff members will be removed or replaced without the prior written concurrence of the City. All staff members assigned to this project are properly licensed to practice in California.
Role/Project Assignment Name Phone Email
Manager, Executive Recruitment Pamela Derby (916) 471-3126 [email protected] Principal Consultant/Project
Manager
Kylie Wilson (916) 471-3325 [email protected]
Executive Recruiter David Niemeyer (916) 263-1401 [email protected] Executive Recruiter Shawn Garcia (916) 471-3401 [email protected] Associate Executive Recruiter Fatima Nukic (916) 471-3308 [email protected] Associate Executive Recruiter Rachael Danke (916) 263-1401 [email protected] Team Biographies
Pamela H. Derby, Manager, Executive Recruitment
Since joining CPS HR Consulting in 2003, Pam Derby has conducted a wide range of recruitments for county, city, special district and association executives including city attorney, executive director, general manager, city manager, assistant and deputy city manager, police chief, community and economic development director, human resource director, finance director, city administrator, registrar of voters, library director, and director of information technology in addition to specialized support positions. Ms. Derby is currently conducting the County Executive Officer recruitments for both Trinity and Ventura Counties.
Prior to joining CPS HR, Ms. Derby served as the Aide to the Yuba County Board of Supervisors serving as the Board’s liaison to County Department Heads, the community, and the media. This experience provided her with a unique perspective into the special circumstances that exist in a Board/Council-Manager relationship and a keen awareness of the inner workings of local government.
530
Proposal to City of Banning
Executive Recruitment Services
Page | 15
She is sensitive to balance the wants of the community with the needs of the client so as to tailor a recruitment process that reaches out to the most appropriate candidates and ensures a diverse group of individuals from which to make a selection. She has successfully employed these techniques in jurisdictions ranging from under 10,000 to 10 million. Moreover, she employs a firmly-held personal philosophy that candidates must be treated with the same respect and careful consideration as her client.
Kylie Wilson, Senior Executive Recruiter
Kylie Wilson has over twenty-five years of professional and management experience in the public sector. Ms. Wilson has worked directly with local government organizations and associations, predominately human resources personnel, city management, parks and recreation, project management, employee development, executive recruitment, strategic planning, live training and workshops and other client needs.
She has worked in several impactful management roles for municipal government entities in Texas to include the City of Baytown, the City of Missouri City, the City of Georgetown, and the City of League City. She also previously worked for Strategic Government Resources (SGR) overseeing member relations, leadership conferences, job board vacancies, and online learning management system (LMS) opportunities.
She has a passion for public service and a strong skill set for being mission driven and results oriented, while always maintaining an optimistic and engaging demeanor. Ms. Wilson also provided management and oversight to key programs, projects and processes by evaluating City operations and making recommendations to improve operational implementation of a strategic plan, to include short-term and long-term goals and objectives, for City operations, and identifying opportunities for improving methods and procedures.
David J. Niemeyer, Executive Recruiter
David Niemeyer brings 38 years of local government management experience including managing 7 communities in the suburban Chicago area. He brings an extensive practitioner’s experience in government services to the CPS HR Executive Recruitment team through his roles as Village Manager, City Manager, Village Administrator, and City Administrator/Assistant to the Mayor all in the state of Illinois. Human resources and senior executive recruitment are areas that he excels in and thoroughly enjoys.
Mr. Niemeyer led recruitments for over 15 department head vacancies as well as numerous other management positions. This included preparing recruitment profiles and brochures, screening candidates and creating a list of top candidates for the elected officials, developing interview questions, managing assessment centers, conducting background checks, and negotiating employment offers. His most recent large recruitment was for the police chief of Tinley Park which included a day long assessment center.
531
Proposal to City of Banning
Executive Recruitment Services
Page | 16
He recently retired as the village manager for the Village of Tinley Park, where he oversaw redevelopment of the downtown and two aging retail centers, as well as establishing a new music brand to promote tourism and development in the community. He also was the village manager of Oak Brook, a well-known retail destination area and home to several corporate headquarters, where he undertook a major reorganization of the staff that reduced the village’s annual operating budget about 10% and established a new management performance evaluation system.
David has a reputation as an ethical, engaged, collaborative leader, who has excellent communication and listening skills. He has a calm, focused disposition and has worked with vocal and diverse elected boards and residents to develop a consensus on controversial issues.
Additionally, he has worked in a variety of different communities in terms of wealth, demographic, political stability, culture and differing goals. A candidate that is successful in one community may not be successful in other, and so it is important that a recruiter understands the importance of candidate fit in an organization. Mr. Niemeyer’s experience in diverse communities will help in screening candidates that are a good match for an organization.
Shawn Garcia, Executive Recruiter
Shawn Garcia has over twenty years of professional experience in the public sector including Human Resources, recruitment, leaves of absence, workers compensation, benefits oversight, policy development and implementation, and administrative operations. She is a strong leader with excellent communication, project management, and interpersonal skills.
Fatima Nukic, Associate Executive Recruiter
Fatima Nukic has over ten years of professional experience in the public sector. She has assistant on a wide range of recruitments for county, city, special district, and association executives including executive director, city attorney, police chief, human resources director, finance director, health and human services director, risk manager, environmental resources director, to name a few. Ms. Nukic is an action-oriented and results-driven leader who thrives on finding new ways to promote recruitments and finding ideal candidates. She brings an extensive background in promoting, sourcing, and social media marketing to her role as an Associate Executive Recruiter at CPS HR Consulting.
Rachael Danke, Associate Executive Recruiter
Rachael Danke has spent her entire career in the non-profit and public sectors. With over five years of experience in Human Resources, Rachael has assisted multiple agencies throughout the nation with their talent attraction and retention needs. Rachael has experience recruiting for roles such as Chief of Police, Director of Public Works, Director of Human Resources, Executive Director, and other executive roles for Counties, Cities, and Special Districts. She is currently finishing her Master's Degree in Human Resources at Pepperdine University and is excited to continue to attract new talent to the public sector using innovative techniques such as Virtual Career Fairs and talent engagement.
532
Proposal to City of Banning
Executive Recruitment Services
Page | 17
Experience and References
List of Executive Recruitments
Below is a list of executive recruitments we have conducted in the last three years.
Agency Title Year Completed
City of Madera, CA Director of Information Technology 2023 East Bay Regional Park District, CA Chief of Land Acquisition 2023 City of Costa Mesa, CA Emergency Services Manager 2023
City of Mesa, AZ Chief Information Officer 2023
City of Phoenix, AZ Director of Street Transportation 2023 City of San Diego, CA Chief Investigator 2023
City of Missouri City, TX Director of Neighborhood Services 2023 City of Missouri City, TX Chief Financial Officer 2023
City of New Braunfels, TX Director of Parks & Recreation 2023 City of Golden, CO City Attorney 2023
Northern Sierra Air Quality
Management District, CA
Air Pollution Control Officer/Executive
Director
2023
City of Gillette, WY City Administrator 2023
City of Cincinnati, OH Fire Chief 2023
County of Jackson, OR Human Resources Director 2023
City of Oakland, CA Chief Information Officer 2023
City of Santa Fe, NM Complete Streets Director 2023
City of Oklahoma City, OK Development Center Manager 2023 City of Santa Fe, NM ADA Coordinator 2023
City of Santa Fe, NM Transit Director of Administration 2023 The Woodlands Township, TX Director of Communications 2023 Sierra Lakes County Water District,
CA
General Manager 2023
533
Proposal to City of Banning
Executive Recruitment Services
Page | 18
Agency Title Year Completed
Central Contra Costa Sanitary
District, CA
Deputy General Manager 2023
City of Grants Pass, OR Human Resources Director 2023
City of Madera, CA Public Works Operations Director 2023 City of Madera, CA Director of Financial Services 2023
North Texas Municipal Water
District, TX
General Counsel 2023
Selma-Kingsbury-Fowler Sanitation
District, CA
General Manager 2023
City of South Gate, CA Risk Manager 2023
City of Tampa, FL Purchasing Director 2023
Regional Transportation
Commission of Washoe County, NV
Administrative Services Director 2023
City of Tucson, AZ Business Services Director 2023
Housing Authority of the City of San
Luis Obispo (HASLO)
Executive Director 2023
County of Inyo, CA Deputy Director for Public Health and Prevention
2023
City of Aurora, CO City Auditor 2023
City of Farmers Branch, TX Police Chief 2023
City of San Diego, CA Community Engagement Coordinator 2023 Seattle City Light, WA Talent Acquisition Manager 2023
City of Aurora, CO Fire Chief 2023
County of Orange Social Services
Agency, CA
Chief Deputy Director 2023
East Bay Regional Park District Assistant General Manager – Acquisition, Stewardship & Development
2023
East Bay Regional Park District Assistant General Manager – Operations 2023 County of Johnson, KS Director of Facilities 2023
City of Cincinnati, OH Police Chief 2022
534
Proposal to City of Banning
Executive Recruitment Services
Page | 19
Agency Title Year Completed
City of Oklahoma City, OK Total Rewards Manager 2022
City of Oklahoma City, OK Assistant Director of Development Services
2022
Las Vegas Valley Water District, NV Director of Risk Management 2022 City of Costa Mesa, CA Telecommunications Manager 2022
City of Bozeman, MT Community Development Director 2022 City of Flagstaff, AZ Water Services Director 2022
City of San Carlos, CA Assistant Community Development
Director
2022
Contra Costa County, CA Human Resources Manager 2022
County of Johnson, KS Human Resources Director 2022
Southern California Fair (46th District
Agricultural Association, CA
Chief Executive Officer 2022
Long Beach Transit, CA Comptroller 2022
Indian Wells Valley Water District,
CA
General Manager 2022
All Mission Housing Authority, CA Executive Director 2022 Housing Authority of San Bernardino
County, CA
Director of Development 2022
City of San Jose, CA Industrial Safety Officer 2022
County of Riverside, CA Assistant Director of Public Social Services 2022 City of Bakersfield, CA Assistant Economic Development Director 2022 San Diego County Water Authority,
CA
General Counsel 2022
City of Fort Worth, TX City Auditor 2022
Santa Clara Valley Transportation
Authority, CA
Chief People Officer 2022
Utah Transit Authority, UT Chief Communication Officer 2022 City of Scottsdale, AZ Executive Director of Planning 2022 535
Proposal to City of Banning
Executive Recruitment Services
Page | 20
Agency Title Year Completed
County of Santa Clara, CA Deputy Director of Procurement 2022 County of Santa Clara, CA Director of Procurement 2022
Napa-Vallejo Waste Management
Authority, CA
Executive Director 2022
City of Fort Worth, TX Assistant Director of Human Resources 2022 City of Bozeman, MT Finance Director 2022
Oakland Housing Authority, CA Assistant Director of Finance 2022 City of Greeley, Greeley Fire
Department, CO
Division Chief of Operations 2022
City of Oklahoma City, OK Assistant City Manager 2022
COW Palace, CA Chief Executive Officer 2022
City of San Diego, CA Chief Operating Officer 2022
Sound Transit, WA Chief Executive Officer 2022
Marin County Probation
Department, CA
Assistant Chief Probation Officer 2022
Mid-Peninsula Water District, CA Assistant General Manager 2022 Long Beach Transit, CA Manager, Government Relations 2022 California Transit Training Coalition Executive Director 2022 Marin County Department of Health
and Human Services, CA
Public Information Officer/Media Manager 2022
Douglas County Public Library, NV Library Director 2022 Marin County Department of Health
and Human Services, CA
Chief Strategic Officer 2022
County of Trinity, CA Director of Transportation 2022
Contra Costa County, CA Assistant Clerk-Recorder 2022
City of Rialto, CA Director of Finance 2022
Reclamation District #900, CA General Manager 2022
Foothill-DeAnza Community College
District, CA
Vice Chancellor for Human Resources and
Equal Opportunity
2022
536
Proposal to City of Banning
Executive Recruitment Services
Page | 21
Agency Title Year Completed
City of Aurora, CO Diversity, Equity and Inclusion Officer 2022 City of Oklahoma City, OK Development Services Director 2022 City of Oklahoma City, OK Assistant Director of Parks & Recreation 2022 City of San Diego, CA Planning Director 2022
Texas Recreation & Park Society, TX Executive Director 2022 City of Livingston, CA Public Services Director (Partial Recruitment)
2022
City of Livingston, CA Police Chief (Partial Recruitment) 2022 City of Livingston, CA Finance Director (Partial Recruitment) 2022 City of Tucson, AZ Director of Transportation & Mobility 2022 County of Imperial, CA County Executive Officer 2022
Regional Transportation
Commission of Washoe County, NV
Director of Finance 2022
First 5 California, CA Executive Director 2022
City of Rialto, CA Maintenance and Facilities Director 2022 FIRST 5 Santa Clara County, CA Diversity, Equity and Inclusion Officer 2022 City of Tucson, AZ Assistant City Manager/Chief Financial Officer
2022
San Benito Superior Court, CA Court Executive Officer 2022 Douglas County Department of
Public Health, CO
Executive Director of Public Health 2022
Orange County Fire Authority, CA Director of Communications 2022 FIRST 5 Santa Clara County, CA Chief Human Resources Officer 2021 LA Metro, CA Chief People Officer 2021
LA Metro, CA Child Safety Officer 2021
City of San Bernardino, CA Diversity, Equity, and Inclusion Officer 2021 City of Golden, CO Director of Community and Economic
Development
2021
Contra Costa County, CA Public Defender 2021
537
Proposal to City of Banning
Executive Recruitment Services
Page | 22
Agency Title Year Completed
City of Dayton, TX City Manager 2021
Contra Costa Mosquito and Vector
Control District, CA
Human Resources and Risk Manager 2021
Utah Transit Authority, UT Director of Internal Audit 2021 City of Simi Valley, CA City Attorney 2021
City of Albany, CA Fire Chief 2021
City of Fresno, CA Parks, After-School, Recreation &
Community Services Director
2021
Flathead County, MT Director of Planning 2021
City of League City, TX Director of Finance 2021
East Bay Regional Park District, CA Chief of Workforce Development 2021 Contra Costa County, CA Information Systems Division Director, Technical Services
2021
California Society of Municipal
Finance Officers, CA
Executive Director 2021
City of San Bernardino, CA Public Information Director 2021 City of Oklahoma City, OK Airports Director 2021
City of Oklahoma City, OK Parks & Recreation Director 2021 Contra Costa County, CA Information System Manager II 2021 Contra Costa County, CA Information Systems Manager I 2021 Superior Court of San Benito
County, CA
Chief Financial Officer 2021
City of Aurora, CO Deputy City Manager 2021
County of Marin, CA Division Director of Homelessness and Whole Person Care
2021
City of Tampa, FL Housing and Community Development
Manager
2021
City of Aurora, CO Public Safety Attorney 2021
City of Costa Mesa, CA Assistant Development Services Director 2021 538
Proposal to City of Banning
Executive Recruitment Services
Page | 23
Agency Title Year Completed
City of San Mateo, CA Deputy Director of Public Works 2021 City of Durango, CO Parks & Recreation Director 2021
County San Bernardino, CA Public Health Director 2021
County of Boulder, CO Parks & Open Space Director 2021
Utah Transit Authority Director of Capital Development 2021 City of Encinitas, CA Housing Services Manager 2021
City of Anaheim, CA Safety Manager 2021
City of League City, TX Fire Chief 2021
City of Elk Grove, CA Human Resources Director 2021
City of Dickinson, TX City Manager 2021
City of Lathrop, CA Police Chief 2021
City of League City, TX Director of Human Resources & Civil Service
2021
City of Dallas, TX Director of Sanitation Services 2021 Alameda-Contra Costa Transit
District, CA
Chief Financial Officer 2021
City of Oxnard, CA Assistant Chief Financial Officer 2021 First 5 Contra Costa, CA Finance and Operation Director 2021 City of Oxnard, CA IT Director 2021
Contra Costa County, CA Division Director – Enterprise Systems 2021 City of Missouri City, TX Director of Development Services 2021 City of San Mateo, CA Deputy Director of Community
Development
2021
City of Riverside, CA City Attorney 2021
City of Clayton, CA City Manager 2021
City of Marysville, CA City Manager 2021
County of Yolo, CA Assistant County Administrative Officer 2021 City of Greeley, CO Deputy City Manager 2021
539
Proposal to City of Banning
Executive Recruitment Services
Page | 24
Agency Title Year Completed
Flathead County, MT County Administrator 2021
City of Missouri City, TX Fire Chief 2021
Columbia Housing Authority, MO Chief Executive Officer 2021 First 5 Santa Clara County, CA Deputy Chief of Finance 2021 Montana Public Health Institute, MT Chief Executive Officer 2021 San Mateo County Transit District,
CA
Executive Officer, Information Technology
& Telecommunications
2021
City of Amarillo, TX Assistant Solid Waste Superintendent 2021 Skagit County, WA Director of Human Resources/Risk
Management
2021
City of Glendale, CA City Manager 2021
City of San Jose, CA Building Management Administrator 2021 East Bay Regional Park District, CA General Manager 2021 LA Metro, CA Chief Systems Security and Law
Enforcement
2021
East Bay Regional Park District, CA Chief of Maintenance and Skilled Trades 2021 Montgomery County, MD Chief Labor Relations Officer 2021 City of League City, TX Assistant Director of Project Management 2021 City of Scottsdale, AZ City Clerk 2021
South Coast Air Quality
Management District, CA
Diversity Equity and Inclusion Officer 2021
City of Salinas, CA City Manager 2021
City of Oxnard, CA Special Districts Manager 2021
County of Boulder, CO Housing and Human Services Director 2020 City of San Jose, CA Senior Engineer - CIP 2020
City of San Jose, CA Senior Landscape Architect 2020
City of Greeley, CO Deputy City Manager 2020
San Joaquin Council of
Governments, CA
Executive Director 2020
540
Proposal to City of Banning
Executive Recruitment Services
Page | 25
Agency Title Year Completed
City of Tucson, AZ Parks and Recreation Director 2020
Arizona Behavioral Health
Corporation, AZ
Director of Housing 2020
City of San Bernardino, CA Director of Finance 2020
County of Tulare, CA IT Director 2020
Orange County LAFCO, CA Assistant Executive Officer 2020 City of Fife, WA Public Works Director 2020
City of Oxnard, CA Assistant City Attorney 2020
City of Aurora, CO City Clerk 2020
City of Aurora, CO Debt, Treasury and Investment Manager 2020 City of Vancouver, WA Deputy Finance Director 2020
City of Millbrae, CA Community Development Director 2020 City of Ontario, CA Assistant General Manager 2020
County of Prince William, VA Human Resources Director 2020 City of Redlands, CA Director, Municipal Utilities and
Engineering
2020
City of League City, TX Internal Auditor 2020
City of Carson, CA Director of Community Services 2020
County of Oakland, MI Director-Management and Budget 2020 Montgomery County, MD Head, Project Management Office 2020 International City/County
Management Association (ICMA),
DC
Director, World-Wide Learning and
Professional Development
2020
City of Sheridan, CO Police Chief 2020
Contra Costa County, CA Chief Information Security Officer 2020 County of Marin, CA Assistant Director of Human Resources 2020 County of Travis, TX Administrative Services Division Director 2020 City of Shafter, CA City Manager 2020
541
Proposal to City of Banning
Executive Recruitment Services
Page | 26
Agency Title Year Completed
San Mateo County Mosquito and
Vector Control District, CA
District Manager 2020
Hayward Area Recreation and Park
District, CA
General Manager 2020
California Human Development, CA Chief Executive Officer 2020 Utah Transit Authority, UT Chief Financial Officer 2020 Alderwood Water & Wastewater
District, WA
Finance Director 2020
Alderwood Water & Wastewater
District, WA
General Manager 2020
City of Berkeley, CA Director of Library Services 2020
Metropolitan Transportation
Commission, CA
General Counsel 2020
City of Reno, NV City Manager 2020
Las Gallinas Valley Sanitary District,
CA
Administrative Services Manager 2020
San Mateo County Transit District
(SamTrans), CA
Director, Contracts and Procurement 2020
City of San Bernardino, CA Director of Animal Services 2020 City of Boulder, CO Director of Transportation and Mobility 2020 City of Sacramento, CA Office of Violence Prevention Manager 2020 County of Marin, CA Chief Probation Officer 2020
City of Berkeley, CA Public Works Director 2020
Montgomery County, MD Manager III Retirement Benefits Manager 2020 County of Marin Health and Human
Services, CA
Chief Financial Officer 2020
Contra Costa County, CA Deputy Clerk Recorder 2020
Union Sanitary District, CA CFO/Business Services Workgroup Manager
2020
542
Proposal to City of Banning
Executive Recruitment Services
Page | 27
Agency Title Year Completed
Cooperative Agricultural Support
Services Authority, CA
Executive Officer 2020
First 5 Contra Costa, CA Deputy Director 2020
County of Nevada, CA Director of Social Services 2020
County of Nevada, CA County Librarian 2020
City of Millbrae, CA Finance Director 2020
North Central Regional Transit
District, NM
Strategic Initiatives & Planning Manager 2020
City of McAllen, TX Deputy Director of Public Works 2020 City of Anaheim, CA Deputy Planning Director 2020
City of Fullerton, CA Accounting Supervisor 2020
County of Nevada, CA Assistant Auditor-Controller 2020
City of Amarillo, TX Assistant Solid Waste Superintendent 2020 City of Long Beach, CA Director of Parks, Recreation & Marine 2020 Galveston Island Park Board of
Trustees, TX
Chief Financial Officer 2020
City of Tucson, AZ Deputy Director of Housing and
Community Development
2020
County of Santa Clara, CA Chief Procurement Officer 2020 City of Bozeman, MT City Manager 2020
City of Amarillo, TX Drainage Utility Superintendent 2020 City of Sugar Land, TX Intelligent Transportation Systems Manager
2020
City of Dallas, TX Chief Information Officer 2020
City of Bakersfield, CA Economic Development Director 2020 Alameda County Office of
Education, CA
Executive Director, Human Resources 2020
City of Oxnard, CA Assistant Public Works Director 2020 543
Proposal to City of Banning
Executive Recruitment Services
Page | 28
Agency Title Year Completed
Florin Resources Conservation
District, CA
Program Manager 2020
City of Dallas, TX Parks & Recreation Director 2020
City of Tampa, FL Neighborhood Empowerment
Administrator
2020
County of San Joaquin, CA Director of Human Resources 2020 City of Avondale, AZ Director of Economic Development 2020 City of Hollister, CA City Manager 2020
Santa Clara Valley Habitat Agency,
CA
Land and Resource Management Specialist 2020
City of Tampa, FL Sustainability and Resilience Director 2020 Mountain View Sanitary District, CA Environmental Services Manager 2020 Community Transit, CA Director of Planning and Development 2020 City of Las Vegas, NV Youth Development and Social Innovation Director
2020
City of Austin, TX Assistant Director, Customer & Employee Services
2020
City of Oxnard, CA Purchasing Manager 2020
County of Montgomery, MD Chief, Behavioral Health and Crisis Services (Outreach only)
2020
County of Montgomery, MD Chief, Aging and Disability Services (Outreach only) 2020
County of Sierra, CA Chief Deputy Auditor 2020
City of Berkeley, CA Director of Health, Housing and
Community Services
2020
City of Aurora, CO Public Safety Center Director 2020
LA County METRO, CA Deputy Executive Officer, System Security & Law Enforcement 2020
City of Bell, CA Community Development Director 2020
County of Clark, NV Assistant Director of Social Services 2020 544
Proposal to City of Banning
Executive Recruitment Services
Page | 29
References
Provided below is a partial list of clients we have recently worked with in providing similar executive recruitment services. We are confident that these public-sector clients will tout our responsiveness and ability to successfully place candidates that were a good fit for their organization’s needs.
CLIENT/POSITIONS CONTACT(S)
County of Ventura
800 S. Victoria Ave
Ventura CA 93009
County Executive Officer (2022)
County Counsel (2021)
Shawn Atin, Assistant County Executive Officer
(805) 654-2561
[email protected]
Monterey One Water
5 Harris Court, Building D
Monterey, CA 93940
Multiple Recruitments (2015 – 2022)
Leara Sampson, Employee Services Director
(831) 645-4650
[email protected]
Metropolitan Transportation Commission
375 Beale Street
San Francisco, CA 94105
Associate General Counsel (Current)
Chief Financial Officer (2022)
Senior Counsel (2022)
General Counsel (2021)
Executive Director (2019)
John Kannegieser, Talent Acquision Manager
(415) 518-1894
[email protected]
545
Proposal to City of Banning
Executive Recruitment Services
Page | 30
Variations
Insurance and Contract Notations
1. Regarding City insurance requirements:
- CPS HR does not own any autos.
- Our self-insured retention is $50,000.
2. Regarding City business license:
Upon award of contract, we will obtain a business license with the City should we be required; however CPS HR Consulting is a government entity and operates not for profit, so the company should be exempt. We are willing to discuss this further upon contract execution.
We thank you for your consideration of our proposal. We are committed to providing high quality and expert solutions and look forward to partnering with the City of Banning in this important endeavor.
546
Proposal to City of Banning
Executive Recruitment Services
Page | 31
Appendix A: Sample Brochure
547
Proposal to City of Banning
Executive Recruitment Services
Page | 32
548
Proposal to City of Banning
Executive Recruitment Services
Page | 33
549
Proposal to City of Banning
Executive Recruitment Services
Page | 34
550
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Barbara Mason, Purchasing Manager
Lincoln Bogard, ASD
MEETING DATE: June 11, 2024
SUBJECT: Consideration of Resolution 2024-92, Approving a Professional Services Agreement with Matrix Consulting Group LTD ("Matrix") for the Comprehensive User Fee and Impact Fee Study in an Amount Not-ToExceed $96,954.00 RECOMMENDATION:
Adopt Resolution 2024-92.
BACKGROUND:
The City desires to undertake a comprehensive citywide review and evaluation of user fee and rate charges resulting in a cost-based user fee study. The Comprehensive User Fee Study will calculate the full 100% cost of providing certain City services and provide a recommended fee to be charged for each applicable service. The services would include recommended cost recovery strategies and identify best practices in establishing user fees. These strategies will take into consideration the complexities and demands of each department and program. The selected firm, Matrix, will provide thorough analysis, development of fee models and recommendations including, identifying and recommending new fees and revenues sources. It is the City’s goal to have a well-documented and defensible cost of service plan that will identify rates that be used to recover billable costs for services and develop user fees that comply with Proposition 26, Proposition 218 and other applicable statutory requirements including the 2024 CBRT Ballot Initiative.
JUSTIFICATION:
The City is seeking to evaluate all cost of services provided and examine whether a reasonable relationship exists between the costs of providing services and current service fees, while ensuring compliance with Proposition 26, Proposition 218, and other applicable statutory requirements (including the 2024 California Business Roundtable Ballot initiative (“2024 CBRT Ballot Initiative”)) that seeks to change, narrow, limit or otherwise put additional restrictions and requirements upon new and existing taxes and fees that local governments levy or exact to pay for municipal services. Matrix has submitted a proposal as a result of the City's RFP. The proposal was evaluated and found to be acceptable and the fee found to be in line with projects of a similar scope. Matrix is a reputable company that is capable of completing the scope of work.
FISCAL IMPACT:
The total cost of the Professional Services Agreement (PSA) with Matrix is for a "not-to-exceed" amount of $96,954.00, which includes a 10% contingency.
ALTERNATIVES:
551
Do not approve Resolution 2024-92. User Fee and Impact Fees will continue as is with no assurance of compliance with Proposition 26, Proposition 218, and other applicable statutory requirements including the 2024 CBRT Ballot Initiative.
ATTACHMENTS:
1. Resolution 2024-92, Matrix Consulting.docx
2. C01032 PSA - Matrix Consulting Group LTD - Comp User Fee and Impact Fee Study.pdf 552
Resolution 2024-92