City Council Agenda
City of Campbell, 70 N. First St., Campbell, California
NOTE: To protect our constituents, City officials, and City staff, the City requests all members of the public follow the guidance of the California Department of Health Services', and the County of Santa Clara Health Officer Order, to help control the spread of COVID -19. Additional information regarding COVID-19 is available on the City's website at www.campbellca.gov.
This City Council Regular meeting will be conducted in person as well as telecommunication and is compliant with provisions of the Brown Act.
The City Council meeting will be live -streamed on Channel 26 or Channel 88, the City's website and on YouTube https://www.youtube.com/user/CityofCampbell for those who only wish to view the meeting.
Those members of the public wishing to provide public comment virtually are asked to register in advance at: https://www.campbellca.gov/signup. After registering, you will receive a confirmation email containing information about joining the meeting. Members of the public may attend the meeting in person at Campbell City Hall - Council Chambers.
Public comment will also be accepted via email at [email protected] prior to the start of the meeting. Written comments will be posted on the website and distributed to the Council. If you choose to email your comments, please indicate in the subject line “FOR PUBLIC COMMENT” and indicate the item number.
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Monday, July 31, 2023 – 7:30 p.m.
City Hall Council Chamber – 70 N. First Street
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
SPECIAL PRESENTATIONS AND PROCLAMATIONS
COMMUNICATIONS AND PETITIONS
ORAL REQUESTS
NOTE: This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda. Persons wishing to address the Council are requested, but not required to complete a Speaker’s Card. Speakers are limited to two (2) minutes. The law generally prohibits the Council from discussion or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Requests.
COUNCIL ANNOUNCEMENTS
CONSENT CALENDAR
NOTE: All matters listed under consent calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of City Council, City staff, or a member of the public.
Any person wishing to speak on any item on the consent calendar should ask to have the item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears.
1. Minutes of City Council Executive Session Meeting of July 18, 2023 Recommended Action: Approve the executive session meeting minutes of July 18, 2023.
2. Minutes of City Council Regular Meeting of July 18, 2023 Recommended Action: Approve the regular meeting minutes of July 18, 2023
3. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $1,018,359.39
4. Monthly Investment Transactions Report (June 2023)
Recommended Action: That the City Council review and accept the Monthl y Investment Transactions Report for June 2023.
5. Authorization to Submit Vehicle Registration Fee (VRF) Intelligent Transportation Sys tems (ITS) Program Grant Application for Citywide ITS Enhancements Phase 2 Project (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution: (1) Authorizing the Public Works Director to submit a Vehicle Registration Fee (V RF) Intelligent Transportation Systems (ITS) Program Grant Application to the Santa Clara Valley Transportation Authority (VTA) for the Citywide ITS Enhancements Phase 2 Project; and (2) Authorizing the City Manager to execute a funding agreement with the VTA for this project should the VTA award a VRF ITS Grant to the City.
6. Resolution Authorizing the Emergency Repair of the Community Center Gas Utility Lines by Way of Equipment and Labor Services Provided by Burr Plumbing, in the Amount of $122,177.30, and Dispensing with Formal Bidding Procedures as Specified in Campbell Municipal Code (CMC) §
3.20.050, and Section 3.20.030(3), for Emergency Situations Threatening the Health, Safety or Welfare of the Public that Necessitates the Dispensation of Formal Bidding Procedures; and Authorizing a Budget Adjustment in the Amount of $122,177.30 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution: 1) authorizing the emergency repair of the Community Center gas utility lines by way of equipment and labor services provided by Burr Plumbing in the total amount of $122,177.30; 2) dispensing with fo rmal bidding procedures as specified in Campbell Municipal Code (CMC) § 3.20.050, and Section 3.20.030(3), for emergency situations thre atening the health, safety or welfare of the public that necessitates the dispensation of formal bidding procedures; and 3) authorizing a budget adjustment in the amount of $122,177.30 for this purpose.
7. Resolution Approving an Agreement with Pacific Gas and Electric (PG&E) to Provide Equipment and Labor Services, in an Amount Not to Exceed $97,341.95, for the Relocation of Electrical Service Connections for the Measure O – Library Renovations Project (No. 23-SS); and Authorization for the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section 3.20.100 (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution: 1) approving an agreement with Pacific Gas and Electric (PG&E) to provide equipment and labor services, in an amount not to exceed $97,341.95, for the relocation of electrical service connections for the Measure O - Library Renovations Project (No. 23 - SS), and 2) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.
8. Contract Crossing Guard Services to All City Management Services (ACMS) (Resolution Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution approving the agreements, determining that it is in the best interest of the public to dispense with the formal bidding requirements pursuant to Campbell Municipal Code Section 3.20.030(8), authorizing the City Manager to enter into a 1 -year agreement with All City Management Services Inc. for Crossing Guar d Services in a total amount not -to-exceed $235,516 for Fis cal Year 2023 -24, and authorizing the City Manager to enter into cost sharing agreements with the Campbell Unified School District and the Moreland School District.
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
NOTE: Members of the public may be allotted up to two (2) minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of five (5) minutes for opening statements and up to a total of three (3) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.
NEW BUSINESS
9. Police Department Duty Pistol and Related Equipment Purchase (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution authorizing the purchase of new duty pistols and accessories from Adamson Police Products and dispensing with formal bidding requirements pursuant to Campbell Municipal Code Section 3.20.030.
10. Amendment to the Classification and Salary Plan – Housing Manager and Temporary Limited Term – Project Manager (Police Training Coordinator) (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution amending the Classification and Salary Plan to include the two new classifications for Housing Manager and Temporary Limited Term - Project Manager (Police Training Coordinator).
11. Reclassify Finance Ma nager to Assistant Finance Director (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution reclassifying the Finance Manager classification to a Assistant Finance Director Classification and adding the salary ranges for the job classification of Assistant Finance Director to the City's Salary Schedule.
UNFINISHED BUSINESS
COUNCIL COMMITTEE REPORTS
12. Council Committee Reports
Recommended Action : That the City Council report on activities from their committee assignments.
ADJOURN
IMPORTANT NOTICE: Materials related to an item on this agend a submitted to the City Council after distribution of the agenda packet are available for public inspection w ith the agenda packet in the lobby of City Clerk’s Office, 70 N. First Street, Campbell, CA 95008, during normal business hours. These materials wi ll also be available on the City website at https://www.ci.campbell.ca.us/agendacenter with the agenda packet following the last item of the agenda, subject to staff’s ability to post the documents prior to the meeting. All documents not posted prior to the meeting will be posted the next business day.
In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the City Council Chambers. If you require accommodation, please contact the City Clerk’s Office, (408) 866-2117, at least one week in advance of the meeting.
CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
CITY COUNCIL EXECUTIVE SESSION
Tuesday, July 18, 2023 – 6:45 p.m.
Ralph Doetsch Conference Room
70 N. First Street, Campbell, California
This City Council meeting was duly n oticed pursuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).
CALL TO ORDER
The City Council of the City of Campbell convened this day in the special meeting place, at Campbell City Hall, 70 N. First Street, Campbell Calif ornia in the Ralph Doetsch Conference Room.
ROLL CALL
Attendee Name Title Status
Sergio Lopez Councilmember Present
Elliot Scozzola Councilmember Present
Dan Furtado Councilmember Present
Susan M. Landry Vice Mayor Present
Anne Bybee Mayor Present
PUBLIC COMMENT
There was no public comment.
MOVE INTO CLOSED EXECUTIVE SESSION
A. Personnel
B. Litigation - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of Subdivision (d) of California Government Code Section 54956.9)
Name of Case: HouseKeys Resource and Education Center, Inc. v. Garland Yee
C. Real Property
D. Labor Negotiations
1 Packet Pg. 5
Minutes Acceptance: Minutes of Jul 18, 2023 6:45 PM (CONSENT CALENDAR)
Minutes of July 18, 2023 City Council Meeting Page 2
The City Council met in Executive Session to discuss item B. City Manager, Brian Loventhal; City Attorney, William Seligmann; Community Development D irector, Rob Eastwood; Senior Planner, Stephen Rose; and HouseKeys CEO, Julius Nyanda were in attendance.
ADJOURN
Mayor Bybee adjourned the meeting at 7:26 p.m.
APPROVED:
Anne Bybee, Mayor
ATTEST:
Andrea Sanders, City Clerk
1 Packet Pg. 6
Minutes Acceptance: Minutes of Jul 18, 2023 6:45 PM (CONSENT CALENDAR)
CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, July 18, 2023 7:30 p.m.
City Hall Council Chamber – 70 N. First Street
This City Council meeting was duly noticed pursuan t to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).
This meeting was recorded and can be viewed in its entirety at www.campbellca.gov/agendacenter.
CALL TO ORDER
The City Council of the City of Campbell convened this day in the regular meeting place, the City Hall Council Chamber, 70 N. First St., Campbell, California.
ROLL CALL
Attendee Name Title Status
Anne Bybee Mayor Present
Susan M. Landry Vice Mayor Present
Dan Furtado Councilmember Present
Sergio Lopez Councilmember Present
Elliot Scozzola Councilmember Present
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Lopez.
SPECIAL PRESENTATIONS AND PROCLAMATIONS
There were no special presentations and proclamations.
COMMUNICATIONS AND PETITIONS
There were no communications and petitions.
ORAL REQUESTS
Amy Taylor, Downtown Campbell Business Association (DCBA) member thanked the City Council and the Police Departme nt for their support of the DCBA Dow ntown Campbell Car Show event. Additionally, Ms. Taylor thanked the City for their efforts in bringing in resources and a mental health clinician to assist residents. She concluded with a request that the City follow up on trash issues in the downtown area.
COUNCIL ANNOUNCEMENTS
2 Packet Pg. 7
Minutes Acceptance: Minutes of Jul 18, 2023 7:30 PM (CONSENT CALENDAR)
Minutes of July 18, 2023 City Council Meeting Page 2
The City Clerk’s office is accepting applications for the Planning Commission until 5:00 p.m. on Friday, August 11. To find out more about this position, or to apply, please contact the City Cler k’s office at (408) 866 -2117, or vis it the city’s website at campbellca.gov.
A City Council meeting has been scheduled for Tuesday, July 31 at 7:00 p.m. to allow for participation for the National Night Out event on August 1. The regularly scheduled Council meeting on Tuesday, August 1 has been canceled.
The City of Campbell’s summer concert ser ies will run through Thursday, August 3.
Admission is free and concert’s start at 6:30 p.m. on the Orchard City Green. Bring a lawn chair and enjoy the Hill Street Band on Thursday, July 20 and Daze on the Green the following Thursday, July 27. For a com plete listing of upcoming bands, please visit the City’s website at campbellca.gov.
July is Park & Recreation Month, so please join the team as they celebrate everyday with a new e vent that helps build community. Some upcoming events include a free chalk art contest in the parking lot at the Campbell Community Center on Sunday, July
23. Reserve your spot in advance and showcase your talents. Friday, July 28 there will be a free movi e in the park at John D. Morgan Park and on Monday, July 31 the team will close out July with a special summer concert featuring the Houserockers on the Orchard City Green from 7:00 p.m. -8:30 p.m. Information on these events and all the daily events can be found at www.campbellca.gov/PRM.
CONSENT CALENDAR
Mayor Bybee asked if anyone wished to remove an item from the Consent Calendar.
The consent calendar was considered as follows:
1. Minutes of City Council Executive Session Meeting of June 20, 2023 Recommended Action: Approve the executive session meeting minutes of June 20, 2023.
This action approves the executive session meeting minutes of June 20, 2023.
2. Minutes of City Council Regular Meeting of June 20, 2023 Recommended Action: Approve the regular meeting minutes of June 20, 2023.
This action approves the regular meeting minutes of June 20, 2023.
3. Minutes of City Council Special Meeting of June 23, 2023 Recommended Action: Approve the special meeting minutes of June 23, 2023.
This action approves the special meeting minutes of June 23, 2023.
4. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $3,331,120.98.
2 Packet Pg. 8
Minutes Acceptance: Minutes of Jul 18, 2023 7:30 PM (CONSENT CALENDAR)
Minutes of July 18, 2023 City Council Meeting Page 3
This action approves the bills and claims in the amount of $3,331,120.98 as follows: bil ls and claims checks dated June 5, 2023, in the amount of $143,328.65; payroll checks dated June 8, 2023, in the amount of $71,412.04; bills and claims checks dated June 12, 2023, in the amount of $601,429.10; bills and claims checks dated June 19, 2023, i n the amount of $382,305.84; payro ll checks dated June 22, 2023, in the amount of $35,175.43; and bills and claims checks dated June 26, 2023, in the amount of $2,097,469.92.
5. Monthly Investment Transactions Report (May 2023)
Recommended Action: That th e City Council review and accept t he Monthly Investment Transactions Report for May 2023.
This action reviews and accepts the Monthly Investment Transactions Report for May 2023.
6. Monthly Treasurer's Report (May 2023)
Recommended Action: That the City Council review and accept the Mont hly Treasurer’s Report for the month ended May 31, 2023.
This action accepts the Monthly Treasurer’s Report for the month ended May 31, 2023.
7. 2022 Fire Marshal Inspection Report (Resolution/Roll Call Vote) Recommended Action: That the City Council ado pt a Resolution acknowledging receipt of the 2022 Fire Marshal, State Mandated Inspection Report for the City of Campbell.
Resolution 13012 acknowledges receipt of the 2022 Fire Marshal, State Mandated Inspection Report for the City of Campbell.
8. Award and Approve a Construction Contract to Radius Earthwork, Inc. for Camden Avenue Resurfacing Project 21-SS (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution to: 1) award the project to the lowest responsible bidder, R adius Earthwork, Inc.; 2) approve the construction contract in the amount of $1,212,910 plus $121,290 construction contingency; 3) authorize the City Manager to execute the contract; and 4) authorize the City Engineer to negotiate and execute contract chan ge orders up to and within the allocated construction contingency.
Resolution 13013 awards the project to the lowest responsible bidder, Radius Earthwork, Inc.; approve s the construction contract in the amount of $1,212,910 plus $121,290 construction cont ingency; authorizes the City Manager to execute the contract; and authorizes the City Engineer to negotiate and execute contract change orders up to and within the allocated construction contingency.
9. Approval of a Cost Share Agreement with the City of S an Jose in the Not to Exceed Amount of $121,000; Authorization for the City Manager to Execute Said Agreement, and the Finance Director to Perform Associated Budget Adjustments
Recommended Action: That the City Council adopt a resolution to: 1) approve the cost share agreement with the City of San Jose in the not to exceed amount of $121,000; 2) authorize the City Manager to execute said agreement; and 3) authorize the Finance Director to perform associated budget adjustments. 2 Packet Pg. 9
Minutes Acceptance: Minutes of Jul 18, 2023 7:30 PM (CONSENT CALENDAR)
Minutes of July 18, 2023 City Council Meeting Page 4
Resolution 13014 approves the cost share agreement with the City of San Jose in the not to exceed amount of $121,000; authorizes the City Manager to execute said agreement; and authorizes the Finance Director to perform associated budget adjustments.
10. Resolution Approving an Agree ment with San Jose Water Company (SJWC) to Provide Equipment and Labor Services, in an Amount Not to Exceed $218,473, for the Installation of Water Utility Service Connections for the Measure O - Campbell Police Operations Building Project (No. 23 - RR); Authorizing the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section 3.20.100; and Auth orizing the Public Works Director to Negotiate and Execute Contract Change Orders Up to and Within the Allocated 10% Construction Continge ncy Amount (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution approving an agreement with San Jose Water Company (SJWC) to provide equipment and labor services, in an amount not to exceed $218,473, for the installatio n of water utility service connections for the Measure O - Campbell Police Operations Building Project (No. 23 -RR); au thorizing the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section 3.20.100; and authorizing the Public Works Director to negotiate and execute contract change orders up to and within the allocated 10% construction contingency amount.
Resolution 13015 approves an agreement with San Jose Water Company (SJWC) to provide equipment and labor services, in an amo unt not to exceed $218,473, for the installation of water utility service connections for the Measure O - Campbell Police Operations Building Project (No. 23-RR); authorizes the City Manager to Execute said agreement as specified in Campbell Municipal Code Section 3.20.100; and authorizes the Public Works Director to negotiate and execute contract change orders up to and within the allocated 10% construction contingency amount.
M/S: Landry/Lopez - That the City Council approve the consent calendar.
The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
11. Lighting and Landscaping District LLA -1, Fiscal Yea r 2023-24 - Confirming Assessments (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a reso lution overruling protests, if any, approving the Engineer's Report, ordering the improvements, and confirming the diagram and assessments.
This is the time and place for a public hearing for confirming assessments for the City of Campbell Lighting and Lan dscaping District (LLA -1) for Fiscal Year (FY) 2023/24 and adopt a resolution overruling protests, if any, approving the 2 Packet Pg. 10
Minutes Acceptance: Minutes of Jul 18, 2023 7:30 PM (CONSENT CALENDAR)
Minutes of July 18, 2023 City Council Meeting Page 5
Engineer’s Report, ordering the improvements, and confirming the diagram and assessments.
Mayor Bybee gave opening statements, declared the public hearing open and asked if there was anyone in the audience wishing to be heard.
City Clerk Sanders read the Clerk’s statement verifying public hearing notification and stated that no protests were received.
Senior Civil Engineer Roger Storz provided a statement regarding the nature of the lighting and landscape district.
There being no one wishing to speak, Mayor Bybee closed the public hearing.
M/S: Landry/Furtado – That the City Council adopt Resolution 13016 overruling protests, if any, approving the Engineer’s Report, ordering the improvements, and confirming the diagram and assessments . The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Furtado
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
12. Placing the Cost of Abating Hazardous Vegetation on the Property Tax Assessment Roll (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution placing the cost of abating hazardous vegetation on the property tax assessment roll.
This is the time and place for a public hearing to consider adopting a resolution placing the cost of abating hazardo us vegetation on the property tax assessment roll.
Community Development Director Eastwood presented a staff report dated July 18, 2023.
Mayor Bybee opened the public hearing and asked if anyone wished to speak.
Seeing no one wishing to speak Mayor Bybee closed the public hearing.
M/S: Scozzola/Lopez – That the City Council adopt Resolution 13017 placing the cost of abating hazardous vegetation on the property tax assessment roll. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scozzola
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
13. Continued Public Hearing to Consider an Appeal of a Variance Approval for Property Located at 68 Page Street to Allow Construction of an 2 Packet Pg. 11
Minutes Acceptance: Minutes of Jul 18, 2023 7:30 PM (CONSENT CALENDAR)
Minutes of July 18, 2023 City Council Meeting Page 6
Approximately 916 Square -Foot Single-Family Dwelling and a 642 Square - Foot Attached Accessory Dwelling Unit (ADU), with a Substandard 14 ½ Foot Front -Yard Setback and 5 -Foot Street -Side Setback. File No.: PLN - 2022-101. The Planning Commission Found This Item be Deemed Categorically Exempt from CEQA. (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution approving the appeal and modifying the Planning Commission's approval of a Variance.
This is the time and place for a continued public hearing to consider an appeal of a Variance approval for pr operty located at 68 Page Street to allow construction of an approximately 916 square -foot Single-Family Dwelling and a 642 square - foot attached Accessory Dwelling Unit (ADU) with a substandard 14 ½ foot fro nt- yard setback and 5-foot street-side setback.
Senior Planner Fama presented a staff report dated July 18, 2023.
Following Council questions Mayor Bybee declared the public hearing open and invited the appellants up to speak.
Appellant Brittany Sozua a cknowledged the revision the property owner made to the plans but noted it only applied to the exterior and not the interior. Ms. Sozua expressed concerns with the interior noting four sets of washers and dryers; the lack of closets in the bedrooms; the re moval of the garage; and commented on the six exterior doors and the 5-foot setback instead of 6-foot as requested.
Ms. Sozua shared comments on behalf of a neighbor stating the intentions of the property are a boarding house and not a single-family residence.
Mayor Bybee invited the property owner Yan jun Wang and his representative to speak.
The property owners stated the four washers and dryers was an error and the units only have two. They noted the lack of closets was because they wanted to use furni ture such as a wardrobe as they felt it was more fashionable. They spoke about the number of doors stating it was to allow access to the backyard without having to use the front door and go around the house. They stated the purpose of the project was to ha ve a single -family house that had an ADU for their parents.
Mayor Bybee invited members of the public to speak.
Patrick Gasaway Campbell resident, stated this project appears to be more of a high density build in a single -family neighborhood and does no t support the project.
Chy Sarmento Campbell res ident, expressed concerns with the property owners and that this may end up being an illegitimate business or for short -term housing and was not in support of the project.
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Minutes Acceptance: Minutes of Jul 18, 2023 7:30 PM (CONSENT CALENDAR)
Minutes of July 18, 2023 City Council Meeting Page 7
Adrian Sarmento, Campbell resident , expressed concerns that after seeing the project plans that this would not be used for single-family long-term housing.
Seeing no one else wishing to speak, Mayor Bybee closed the public hearing.
Vice Mayor Landry commented that with the number of ba throoms, doors, and washers and dryers that the p roperty owner should not qualify for a hardship exemption.
Councilmember Furtado stated that he did not feel it was in the purview of the Council to decide what happens inside the house as it relates to clo sets and washers and dryers. He noted the unusual size of the property and that it has to be livable and the Variance is justified.
Councilmember Lopez appreciated the revised plans and thanked staff and property owners for their added efforts. He noted that he shared some of the same concerns as Councilmember Furtado.
Councilmember Scozzola agreed with Vice Mayor Landry and suggested a further compromise from the property owners.
Mayor Bybee noted the unusual property size and stated that in order to approve the Variance the Council would need to adopt findings that doesn’t support the Variance.
Council asked the City Attorney to provide further clarification on defining physical hardship.
City Attorney Seligmann stated the hardship would be whether the characteristics of the property are different in such a way that someone is being deprived of what someone else in the area would normally be able to develop.
Council asked the property owner if they would be open to revising the pl ans again to a more traditional floor plan with a greater setback.
The applicant noted that they have revised the plans several times, noted the small kitchen and bedroom sizes, noted the desire to use the property for their family, and stated they would not be willing to revise the project plans.
The Council asked staff what the procedure would be if they approved the appeal.
Senior Planner Fama stated the approval of the appeal would turnover the Planning Commissions decision to grant the Variance. T he Council would n eed to continue the item to a future date for staff to prepare a draft resolution for denial with new findings for the denial action.
M/S: Landry/Lopez – That the City Council approve the appeal and direct staff to return to a date uncer tain with a Resolu tion with appropriate 2 Packet Pg. 13
Minutes Acceptance: Minutes of Jul 18, 2023 7:30 PM (CONSENT CALENDAR)
Minutes of July 18, 2023 City Council Meeting Page 8
findings in support of the Variance denial. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [4 TO 1]
MOVER: Landry
SECONDER: Lopez
AYES: Anne Bybee, Susan M. Landry, Sergio Lopez, Elliot Scozzola NAYS: Dan Furtado
14. Semi-Arcade Permit - Khartoum at 300 Orchard City Drive Suite 101, Campbell, California (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution approving the issuance of a Semi -Arcade Permit for Khartoum located a t 300 Orchard City Drive Suite 101, Campbell, California.
This is the time and place for a public hearing to consider the i ssuance of a Semi-Arcade Permit for Khartoum located at 300 Orchard City Drive Suite 101, Campbell, California.
Police Chief Berg presented a staff report dated July 18, 2023.
Following Council questions, Mayor Bybee opened the public hearing and asked if anyone wished to speak. Seeing no one wishing to speak, Mayor Bybee closed the public hearing.
After discussion, M/S: Scozzola/L opez – That the City Council adopt Resolution 13018 approving the issuance of a Semi -Arcade Permit for Khartoum located at 300 Orchard City Drive Suite 101, Campbell, California.
The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scozzola
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
NEW BUSINESS
15. Approval of Sixth Amended City Attorney Agreement (Resolution/Ro ll Call Vote)
Recommended Action: That the City Council adopt a Resolution approving th e sixth amended agreement for City Attorney services and adjusting compensation for Paralegal and Law Clerk services.
Assistant City Manager Gaeta presented a staff report dated July 18, 2023.
Following Council questions, Mayor Bybee asked if anyone from the public wished to speak. There were no public comments.
After discussion, M/S: Landry/Lopez – That the City Counc il adopt Resolution 13019 approving the sixth amended agreement for City Attorney 2 Packet Pg. 14
Minutes Acceptance: Minutes of Jul 18, 2023 7:30 PM (CONSENT CALENDAR)
Minutes of July 18, 2023 City Council Meeting Page 9
services and adjusting compensation for Paralegal and L aw Clerk services.
The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
16. Social Service Sub-Grant Awards (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution awarding Social Service Subgrants as recommended by the Civic Improvement Commission.
Assistant City Manager Gaeta presented a staff report dated July 18, 2023.
Following Council questions, Mayor Bybee ask ed if anyone from the public wished to speak. There were no public comments.
Councilmembers provided positive comment s on the value these Social Service Subgrants provide to the community and thanked the Civic Improvement Commission for their efforts.
M/S: Furtado/Scozzola – That the City Council adopt Resolution 13020 awarding Social Service Subgrants as recommended by the Civic Improvement Commission. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Scozzola
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
The City Council took a 10-minute recess and reconvened at 8:57 p.m.
17. Resolution Authorizing an Ad Valorem Tax Levy Based on a Debt Service Estimate to be Provided to Santa Clara County R egarding General Obligation Bonds for Fiscal Year 2023-24 (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution authorizing an ad valorem tax levy based on a debt service estimate to be provided to Santa Clara County regarding general obligation bonds for Fiscal Year 2023-24.
Finance Director Fuentes presented a staff report dated July 18, 2023.
Following Council questions, Mayor Bybee asked if anyone from the public wished to speak. There were no public comments.
After discussion, M/S: Lopez/Landry – That the City Council adopt Resolution 13021 authorizing an ad valorem tax levy based on a debt service estimate to be provided to Santa Clara County regarding general obligation bonds for Fiscal Year 2023 -24. The motion wa s adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
2 Packet Pg. 15
Minutes Acceptance: Minutes of Jul 18, 2023 7:30 PM (CONSENT CALENDAR)
Minutes of July 18, 2023 City Council Meeting Page 10
MOVER: Lopez
SECONDER: Landry
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
UNFINISHED BUSINESS
18. Approval of the Plans, Specifications, and Estimate (PS&E), and Authorization for th e Public Works Director to Solicit Bid Proposals from the List of Pre-Qualified Contractors, for the Measure O – Police Operations Building Project
Recommended Action: That the City Council adopt a resolution approving the plans, specifications, and estim ate (PS&E), and authorizing the Public Works Director to solicit bid proposals from the list of pre -qualified contractors, for the Measure O - Police Operations Building Project (No. 23-RR).
Public Works Director Capurso presented a staff report dated Jul y 18, 2023.
Director Capurso introduced consultants from Griffin Structures and LPA Inc.
Mayor Bybee asked if anyone from the public wished to speak. There were no public comments.
Vice Mayo r Landry expressed concerns with revocable bid items, and noted various concerns with the plans and requested her major concerns such as the drainage by fixed prior to the project bid.
The Council discussed decoupling the existing PD building renovations from the Measure O project to save costs.
Councilmember Furtado expressed concerns with moving forward given the cost estimate overages and the potential that staff will have to return to the Council asking for additional funding. He felt that the Bond M easure language led voters to believe that the renovation of the existing PD building would be used for other City purposes.
After discussion, M/S: Landry/Lopez – That the City Council adopt Resolution 13022 approving the plans, specifications, and estima te (PS&E), and authorizing the Public Works Director to solicit b id proposals from the list of pre -qualified contractors, for the Measure O - Police Operations Building Project (No. 23 -RR). The motion was adopted by the following roll call vote:
RESULT: ADOPTED [4 TO 1]
MOVER: Landry
SECONDER: Lopez
AYES: Anne Bybee, Susan M. Landry, Sergio Lopez, Elliot Scozzola NAYS: Dan Furtado
Following the roll call, Councilmember Furtado clarified that he was not supportive of the motion but was supportive of moving forward with the new Police building and would be more comfortable decoupling the project.
COUNCIL COMMITTEE REPORTS
2 Packet Pg. 16
Minutes Acceptance: Minutes of Jul 18, 2023 7:30 PM (CONSENT CALENDAR)
Minutes of July 18, 2023 City Council Meeting Page 11
19. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.
Councilmember Scozzola encouraged everyone to attend a Summer Concert event and that proceeds from food and beverage purchases go to the Campbell Historical Museum and Ainsley House Foundation.
Councilmember Lopez attended the Legislative Subcommittee meeting; attended a national transit conference with American Public Transpo rtation Association on behalf of Santa Clara Valley Transportation Authority
Councilmember Furtado attended the Measure O Citi zens Oversight Committee as a member of the public; and noted the passing of retired Navy Commander, and founding member of the Veterans Memorial Foundation, Al Hagman.
Vice Mayor Landry attended the City Clerk Performance/Compensation Subcommittee meeting with Mayor Bybee; attended the DCBA car show event; attended a Campbell Chamber of Commerce ribbon cutting event to welcome new business; and noted the upcoming Economic Development Subcommittee meeting to be held on July 27, 2023.
Mayor Bybee attended both Summer Concert events with the opportunity to welcome the crowd; attended the West Valley Mayors and Managers meeting, and thanked Councilmember Lopez who came and provided an update from the Santa Clara Valley Transportation Authority (VTA); and atte nded the DCBA car show event.
ADJOURN
Mayor Bybee adjourned the meeting at 10:21 p.m. in memory of Al Hagman.
APPROVED:
ATTEST:
Anne Bybee, Mayor
Andrea Sanders, City Clerk
2 Packet Pg. 17
Minutes Acceptance: Minutes of Jul 18, 2023 7:30 PM (CONSENT CALENDAR) City
Council
Report
TITLE: Approving Bills and Claims
RECOMMENDED ACTION
Approve the bills and claims in the amount of $1,018,359.39
DISCUSSION
The bills and claims that have been au dited and approved by staff for payments made as noted below:
Type Check Date Amount
Bills & Claims July 03, 2023 $350,513.19
Payroll July 06, 2023 $76,474.76
Bills & Claims July 07, 2023 $232,841.37
Bills & Claims July 10, 2023 $130,222.68
Bills & Claims July 14, 2023 $228,307.39
Total $1,018,359.39
FISCAL IMPACT
Requested action does not require a budget adjustment. Adequate funding was available to cover all expenses as listed.
Prepared by:
Celia Deniz, Accounting Clerk II
Item: 3
Category: CONSENT CALENDAR
Meeting Date: July 31, 2023
3 Packet Pg. 18
Reviewed by:
Will Fuentes, Finance Director
Approving Bills and Claims Page 2 of 2
3 Packet Pg. 19
Approved by:
Brian Loventhal, City Manager
City
Council
Report
TITLE: Monthly Investment Transactions Report (June 2023)
RECOMMENDED ACTION
That the City Council review and accept the Monthly Investment Transactions Report for June 2023.
BACKGROUND
As required by California Government Code (GC) Section 53607, staff will submit to the City Council Monthly Investment Transaction Reports within 45 days of the prior month end that show a listing of investments purchased, sold, cal led, or that have reached maturity, along with any Local Agency Investment Fund ( LAIF) transfers. This is in addition to the Quarterly Investment Report, which shows a number of other items listed under Section VII.A of the City’s Investment Policy and has been historically prepared by staff and submitted to the City Council within 30 days from the end of the prior quarter.
DISCUSSION
This Monthly Investment Transaction Report covers June 2023. As shown in Attachment A , staff had no deposits or withdrawal s with the City’s Local Agency Investment Fund (LAIF) as our balance has reached the maximum $75.0 million cap amount and had enough cash on hand to manage weekly expenditures. The June LAIF investment rate rose to 3.167%. The City purchased a $1.0 million FNMA (Fannie Mae), earning 5.33% with a 1 year maturity. Approximately $72,000 in investment interest was earned and deposited into our Wells Fargo cash account. Consistent with the recommended FY 2022-23 Investment Strategy approved by the City Council on August 16, 2022, staff continues to watch for moderately longer-term investment opportunities outside of LAIF , as interest rates continue to rise to provide the highest yet still safe returns, consistent with the City’s Investment Policy. Please note tha t all investment purchases made adhere to the City’s Investment Policy.
FISCAL IMPACT
There is no fiscal impact associated with the review and acceptance of the Monthly Investment Transactions Report.
Item: 4
Category: CONSENT CALENDAR
Meeting Date: July 31, 2023
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Monthly Investment Transactions Report (June 2023) Page 2 of 2 Prepared by:
John Formale, Accountant
Reviewed by:
Will Fuentes, Finance Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Monthly Investment Activity Report-6.30.23
4 Packet Pg. 21
CITY OF CAMPBELL
Monthly Investment Transactions Report
June 1 to June 30, 2023
Account Trans. Date Jun 2023
LAIF - ******137
Average Monthly Yield 3.167%
Beginning Balance 74,999,417$
Ending Balance 74,999,417$
Account*** Trans. Date Jun 2023
Bank of New York (BNY) - ******818
Beginning Balance 25,999,860$
Transactions
Invest. Purchase - FNMA (5.33% Yield; 1 yr) 6/28/2023 1,000,000 Monthly Total 1,000,000
Ending Balance 26,999,860$
***Investment interest received and posted to Wells Fargo cash account 72,375$
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Attachment: Monthly Investment Activity Report-6.30.23 (Monthly Investment Transactions Report (June 2023))
City
Council
Report
TITLE: Authorization to Submit Vehicle Registration Fee (VRF) Intelligent Transportation Systems (ITS) Program Grant Application for Citywide ITS Enhancements Phase 2 Project (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution: (1) Authorizing the Public Works Director to submit a Vehicle Registration Fee (VRF) Intelligent Transportation Systems (ITS) Program Grant Application to t he Santa Clara Valley Transportation Authority (VTA) for the Citywide ITS Enhancements Phase 2 Project; and (2) Authorizing the City Manager to execute a funding agreement with the VTA for this project should the VTA award a VRF ITS Grant to the City.
BACKGROUND
On April 18, 2023, the City Council adopted Resolution No. 12968 authorizing the City Manager to execute an agreement to purchase 12 traffic signal battery backup systems.
On May 31, 2023, the VTA issued a call for projects for the fourth cycle of the Vehicle Registration Fee Program for ITS projects. The VTA Board approved a $1.5 million allocation of VRF ITS funds for this program. There is no local match required for these funds.
The purpose of this program area is to fund ITS projects th at implement technological improvements that provide an immediate benefit to motorists who pay the vehicle registration fee. The minimum grant request is $250,000, and the maximum grant request is $500,000 for VRF ITS funds. For reference, the Citywide I TS Enhancements Project 17-FF was funded with a VRF ITS grant for $500,000.
DISCUSSION
Citywide ITS Enhancements Phase 2 Project
The Citywide ITS Enhancements Phase 2 Project scope of work would be comprised of the following:
Item: 5
Category: CONSENT CALENDAR
Meeting Date: July 31, 2023
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VRF Grant Page 2 of 5
• Construct a fiber optic co nnection at the Winchester/Campbell intersection so that the Winchester Boulevard traffic signals would be connected to City Hall via the City’s fiber that runs between City Hall and the Campbell Community Center. • Install emergency vehicle preemption (EVP) equipment at two intersections (Winchester/Camden and Winchester/Hacienda).
• Retime five traffic signals on West Hamilton across San Tomas Expressway. • Purchase 12 battery backup systems and enclosures.
• Purchase traffic signal controllers for 35 traffic signals along six arterial corridors. • Replace countdown pedestrian signal heads throughout the City.
Each of these project components are described in more detail below.
Fiber connection at Winchester/Campbell. Currently, the Winchester Boulevard traffic signals are connected with City Hall and the Public Works Service Center via copper signal interconnect cable and/or fiber optic cable that runs along Hamilton Avenue, Bascom Avenue, and Campbell Avenue. Damage to the cables anywhere along Hamilton, Bascom, and Campbell Avenue would leave staff unable to monitor the status of Winchester traffic signals, receive traffic signal malfunction notifications, and upload and download signal timing changes remotely from City Hall and the Service Center.
The pro ject would link the Winchester signals to the City’s fiber optic cable that runs between City Hall and the Campbell Community Center. The Winchester/Campbell intersection already has underground conduit to connect the City’s fiber cable to the controller cabinet at this intersection. With the fiber connection, the Winchester signals would be at less risk of going offline. As a result, staff would be able to monitor and manage the Winchester signals more efficiently.
Emergency Vehicle Preemption (EVP) Equipment at Winchester/Camden and Winchester/Hacienda. The County Fire Sunnyoaks Fire Station is located on West Sunnyoaks Avenue. Fire trucks use West Sunnyoaks Avenue as an emergency response route to access Winchester Boulevard. Fire trucks can trig ger green lights at the Winchester/Sunnyoaks traffic signal, but not at the next two nearest traffic signals at Winchester/Camden and Winchester/Hacienda, respectively.
The project would install EVP equipment at these two intersections so that all Campbell- owned traffic signals on Winchester Boulevard are equipped with EVP equipment. The project would enable fire trucks and police vehicles to trigger green lights and respond more quickly to emergency calls along Winchester Boulevard.
Traffic Signal S ynchronization along West Hamilton Avenue across San Tomas Expressway. Synchronizing traffic signals along West Hamilton Avenue is challenging.
The West Hamilton Avenue corridor is split by San Tomas Expressway. Three of the City’s traffic signals (at Phoenix Drive, Marathon Drive, and Darryl Drive) are west of the expressway. Two of the City’s traffic signals (at Llewellyn Avenue and Eden Avenue) are east of the expressway.
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VRF Grant Page 3 of 5
Since the traffic signal at Hamilton Avenue/San Tomas Expressway is operated and maintained by the County Roads and Airports Department, the City has no control over how this traffic signal is operated. The County synchronizes its expressway traffic signals between Williams Road and Hamilton Avenue based on prevailing traffic volumes on the expressway.
Since the timing is not based on a set schedule , the signal timing is unpredictable and synchronizing Campbell’s signals on Hamilton Avenue with the County’s signal at San Tomas Expressway becomes difficult if not impossible . For this reason, City staff implemented special software that allows the City’s traffic signals to implement traffic signal coordination patterns that are in sync with the Hamilton Avenue/San Tomas Expressway traffic signal. The remaining step is to update the traffic signal coordination patterns for the City’s five traffic signals on West Hamilton Avenue and sync them with the County’s signal at San Tomas Expressway/Hamilton Avenue.
With this project, staff plans to hire a traffic engineering consultant to update the AM, Midday, and PM peak period coordination patterns to synchronize the City’s five traffic signals on West Hamilton Avenue with the County’s Hamilton Avenue/San Tomas Expressway traffic signal. The project would reduce travel time and delay s along Hamilton Avenue across San Tomas Expressway during these peak periods.
Battery Backup Systems and Enclosures. Twelve traffic signals in the City remain without backup batteries. Staff had originally planned to purchase batter y backup systems and enclosures for these remaining traffic signals with funds from the Fiscal Year (FY) 2024 Operating Budget.
The project would purchase battery backup systems and enclosures for the remaining traffic signals that are without backup batteries. Should the City be successful in securing the VRF ITS grant, the project would save the FY 2024 Operating Budget approximately $100,000. With the frequency of PG&E blackouts, the battery backup systems should keep the affected traffic signals operational during PG&E blackouts for approximately four hours. Staff would not need to respond to blackouts lasting less than four hours at these intersections.
Traffic Signal Controller Replacements. The City’s traffic signal controllers are limited in their ability t o report traffic data automatically. More modern controllers continually collect and report data, thereby providing staff with information needed to identify and correct deficiencies proactively.
The project would purchase 35 new controllers to lay the groundwork for considering purchasing an automated traffic signal performance measures (ATSPM) system should the City ever move in this direction. The project would replace traffic signal controllers at selected intersections on Hamilton Avenue, Bascom Av enue, Winchester Boulevard, and Campbell Avenue.
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VRF Grant Page 4 of 5
Countdown Pedestrian Signal Head Replacements. The City’s countdown pedestrian signal heads are reaching the end of their useful life. They are no longer displaying the number of seconds remaining for pedestrians to cross an intersection.
The project would purchase replacement countdown pedestrian signal heads.
Staff believes that the project will compete well since the VRF grant program scoring criteria rewards projects that address mobility and opera tions, accessibility, safety, equity, and project readiness (see Table 2).
Table 1
Citywide ITS Enhancements Phase 2 Project vs. VRF ITS Scoring Areas Project Component Mobility &
Operations
Accessibility Safety Equity Project
Readiness
Fiber connection at
Winchester/Campbell
X X
Emergency Vehicle
Preemption (EVP)
Equipment at
Winchester/Camden
and
Winchester/Hacienda
X X
Traffic Signal
Synchronization along
West Hamilton Avenue
across San Tomas
Expressway
X X X
Battery Backup
Systems and
Enclosures
X X
Traffic Signal Controller
Replacements
X X
Countdown Pedestrian
Signal Head
Replacements
X X X
VRF Grant Program Schedule
Grant applications are due to the VTA on August 25, 2023. The VTA Board is scheduled to approve a projects list on November 2, 2023.
FISCAL IMPACT
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VRF Grant Page 5 of 5
The preliminary cost estimate to design and construct this project is $500,000. The VRF Grant program requires no local match. Staff estimates that applying for VRF grant funds would save the City approximate ly $100,000 in the FY 2024 Operating Budget. Should the VTA award a VRF ITS Grant to the City for this project, staff will return to Council with a budget adjustment to recognize the grant revenue and to appropriate the funds use. Additionally, the City and VTA would need to execute a funding agreement.
ALTERNATIVES
1. Do not submit VRF Grant Application. Staff recommends against this alternative since the VRF Grant requires no local match. The VRF ITS presents the City with an opportunity to replace outdated traffic signal timing and traffic signal equipment.
Prepared by:
Matthew Jue, Traffic Engineer
Reviewed by:
Todd Capurso, Director of Public Works
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution
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RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SUBMIT VEHICLE
REGISTRATION FEE (VRF) PROGRAM GRANT APPLICATIONS FOR THE CITYWIDE ITS ENHANCEMENTS PHASE 2 PROJECT
WHEREAS, the Santa Clara Valley Transportation Authority ( VTA) has issued a call for projects for the fourth cycle of the Vehicle Registration Fee Intelligent Transportation Systems (VRF ITS) projects; and
WHEREAS, t he VTA Board has made available a total of $ 1.5 million in Vehicle Registration Fee (VRF) revenue to Intelligent Transportation System (ITS) projects; and
WHEREAS, t he purpose of this program is to fund ITS projects that implement technological improvements that provide an imm ediate benefit to motorists who pay the vehicle registration fee; and
WHEREAS, the minimum grant request is $250,000, and the maximum grant request is $500,000 for VRT ITS funds; and
WHEREAS, the Citywide ITS Enhancements Phase 2 Project would 1) install a fiber connection at Winchester Boulevard/Campbell Avenue ; 2) install emergency vehicle preemption equipment on Winchester Boulevard at Camden Avenue and Hacienda Avenue, respectively; 3) synchronize traffic signals on West Hamilton Avenue across San Tomas Expressway; 4) install battery backup systems and enclosures at twelve traffic signals without backup batteries; 5) replace traffic signal controllers at 35 signalized intersections; 6) replace countdown pedestrian signals throughout the City; and
WHEREAS, the preliminary cost estimate to design and construct the Citywide ITS Enhancements Phase 2 Project is $500,000; and
WHEREAS, the VRF program requires no local matching funds.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Campbell, that the Public Works Director is hereby authorized to submit a Vehicle Registration Fee (VRF) Program Grant Application for the Citywide ITS Enhancements Phase 2 Project.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute a funding agreement with the VTA for this project should the VTA award a VRF ITS grant to the City.
PASSED AND ADOPTED this 31st day of July, 2023, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:
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Attachment: Resolution (VRF Grant)
APPROVED:
___________________________________
Anne Bybee, Mayor
ATTEST:
___________________________
Andrea Sanders, City Clerk
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Attachment: Resolution (VRF Grant)
City
Council
Report
TITLE: Resolution Authorizing the Emergency Repair of the Community Center Gas Utility Lines by Way of Equipment and Labor Services Provided by Burr Plumbing, in the Amount of $122,177.30, and Dispensing with Formal Bidding Procedures as Specified in Campbell Municipal Code (CMC) § 3.20.050, and Section 3.20.030(3), for Emergency Situations Threatening the Health, Safety or Welfare of the Public that Necessitates the D ispensation of Formal Bidding Procedures; and Authorizing a Budget Adjustment in the Amount of $122,177.30 (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution: 1) authorizing the emergency repair of the Community Center gas utility lines by way of equipment and labor services provided by Burr Plumbing in the total amount of $122,177.30; 2) dispensing with formal bidding procedures as specified in Campbell Municipal Code (CMC) § 3.20.050, and Section
3.20.030(3), for eme rgency situations threatening the health, safety or welfare of the public that necessitates the dispensation of formal bidding procedures; and 3) authorizing a budget adjustment in the amount of $122,177.30 for this purpose.
BACKGROUND
The Campbell Community Center is a unique community service complex that was once home to Campbell high school. In 1985, the City of Campbell purchased the property from the Campbell Union High School District and transformed the existing site into a Community Center with several indoor and outdoor spaces dedicated to recreational programs and activities offered by the City and outside organizations. Today, the Community Center is home to the City’s Recreation and Community Services Department and hosts a variety of progra ms that operate seasonally and/or year -round.
Additionally, the City has maintained, repaired, and/or renovated the Community Center to meet the operational needs of these programs while ensuring the health and safety of staff and visitors alike. These e fforts have also been undertaken to help offset the demands placed on its aging infrastructure and mechanical systems.
One of the Community Center’s largest (and oldest) infrastructure elements is the network of natural gas utility lines that were installed during the mid to late 1960’s. With its original layout still intact, this underground system provides natural gas lines Item: 6
Category: CONSENT CALENDAR
Meeting Date: July 31, 2023
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Burr Plumbing Page 2 of 5
throughout the Community Center that allow for the operation of heating units, including the swimming pool, and water heaters located throughout the complex. Although each building and/or amenity is serviced by its own connection to a main line, gas is dispensed through a single service point, without isolation (shut -off) valves. As such, repairing a segment of one line may require shutting down gas services to the entire property. With an intricate underground location and outdated piping materials, staff has encountered challenges when maintaining and/or repairing issues within the system. Nevertheless, staff has been proactive and has historically been able to address issues and implement repairs in a timely and efficient manner when required.
DISCUSSION
In April 2023, the Public Works Department Maintenance Division was notified by PG&E gas technicians that s ignificant gas leakage was detected within the Community Center’s network of gas lines. To prevent an adverse gas incident, PG&E immediately shut off all gas services to the entire system. This was required to ensure the safety of the public and those staff working to a ddress the cause /location of the leak (s).
Moreover, since the gas system operates as a network of connected lines, additional tests were needed to locate the exact source of the leak and identify a solution to repair the impacted gas line(s).
With speci alized equipment and labor services needed to resume these efforts, staff contacted Burr Plumbing (Burr) – a company with an established (and successful) work history with the City for previous repairs of similar utility -based systems and mechanical components. The circumstances prompting staff’s request (i.e., to investigate and repair a suspected gas leak) also permitted the City to dispense with formal bidding procedures as specified in Campbell Municipal Code (CMC) § 3.20.050. Likewise, Campbell Munic ipal Code Section 3.20.030(3) permits the exemption of bidding procedures when ‘an emergency situation creates a threat to the public health, safety or welfare that necessitates the suspension of the bidding procedures of Section 3.20.050’.
In response to staff’s request, Burr technicians arrived at the Community Center and after much investigation using specialized equipment , were ab le to locate and identify multiple leaks throughout different locations of the gas line network. Several attempts were made to repair the leaks, but the system would lose air pressure when the line was “charged” during subsequent tests. This indicated th at additional leaks were still present elsewhere along the line. Over the following weeks, staff and Burr continued to investigate leaks and perform additional repairs. However, air pressure tests continued to fail, which prompted PG&E to extend its shut down of all gas services to the Community Center.
Meanwhile, the gas shutdown presented several challenges to Recreation and Community Services Department regarding the summer pool programs which were scheduled to start in the weeks ahead. Without gas se rvices, staff was unable to maintain the functions necessary (i.e., heating, and other regulatory features) to sustain its daily operations. To prevent a complete loss of the pool’s use and delays to the 6 Packet Pg. 31
Burr Plumbing Page 3 of 5
impending summer programs, staff worked with Burr a nd PG&E to explore options that would help bring the pool’s boiler system back online. Ultimately, a plan was devised to bypass the existing main gas line by installing a new line directly to the pool’s machine room that could restore gas service to the pool boiler system. After reviewing the details, PG&E accepted staff’s plan and agreed to restore gas services to this new line pending installation. In turn, this allowed the pool to remain open while staff and Burr continued investigating the gas line leaks in the remainder of the system.
In early June 2023, Burr submitted an invoice to the City in the amount of $122,177.30 for all work performed to -date on the gas line s at the Community Center (see Attachment 2). Based on staff’s initial request, this total includes the equipment and labor services to locate and repair approximately eight to ten gas line leaks, install the new gas line to the pool’s machine room, and coordination efforts with PG&E to restore gas services to this new line upon inst allation. Although the invoice reflected a significant amount of work completed to date, the system still requires additional repairs (or replacement) as there remain an unknown number of leaks throughout the old pipework that will most likely require additional repairs and/or complete replacement.
With these developments, staff directed Burr to refrain from performing additional on - site repairs while more information was collected to prepare a more detailed scope of work. Moreover, staff also discover ed several system deficiencies that could be addressed during this next phase – including supplemental safety features for the new pipes (i.e., seismic fittings) and configurations (i.e., isolation/shut-off valves) to facilitate easier access to the lines during maintenance and repa irs. If implemented, these features would improve the system’s efficiency, generate long -term cost savings by reducing the frequency of repairs, and ensure the gas system remained intact should the structural integrity of the li nes become compromised in the event of an emergency (natural or otherwise).
Regardless, timely repairs are imperative as the Community Center is currently without gas services (with the exception of the swimming pool). This is especially critical as th e winter months are approaching and gas utilities are required to supply the heating units operating throughout several buildings. Staff will continue exploring options with local vendors to provide the necessary equipment and labor services to complete t he anticipated repairs. Furthermore, to prevent program disruptions and meet the community’s essential service needs, repairs will be completed in stages to bring certain segments of the system back online as approved by PG&E. This process will continue until all segments of the line are repaired and gas can be safely restored to the entire complex.
NEXT STEPS
Staff is requesting City Council’s approval to approve an expenditure of $122,177.30 for the emergency repair s of the Community Center gas lines as outlined in the invoice submitted by Burr Plumbing for services rendered between April and June 2023.
Should the City Council approve this allocation, payment will be issued to Burr Plumbing and reflected as an expenditure from the Public Works Buildi ng Maintenance Operating 6 Packet Pg. 32
Burr Plumbing Page 4 of 5
Budget for FY 2022/23. A budget adjustment (Attachment 3) has been provided for this purpose.
Additionally, staff will continue developing a scope of work for the remaining repairs and identify a funding strategy to minimize fisca l impacts and reduce additional budgetary constraints. The remaining anticipated costs will be identified and included in an upcoming City Council report as a proposed expenditure for FY 2023/24. As such, the scope of work will include the equipment and labor services to perform excavations, removal and installation of new above -ground pipes , and concrete restorations as needed. Staff will present the details to City Council during a later meeting and request approval to proceed with the proposed repairs and their associated costs at that time.
FISCAL IMPACT
The allocation of funds to address these repairs will result in a fiscal impact of $122,730.30 to the City’s General Fun d. However, the associated costs will be reflected as an expenditure from the FY2022/23 budget. A budget adjustment has been prepared to address this expenditure. Any additional (unfunded) repair work will be addressed during FY23/24.
ALTERNATIVES
Do not proceed with the allocation from the City’s General Fund to the Public Wo rks Building Maintenance Operating Budget and direct staff to explore alternative funding sources.
Prepared by:
Carina Shattuck, Administrative Analyst I
Reviewed by:
Todd Capurso, Director of Public Works
Approved by:
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Brian Loventhal, City Manager
Burr Plumbing Page 5 of 5
Attachment:
a. Resolution
b. Burr Plumbing Invoice (Dated June 6, 2023)
c. BA-23 (FY 2023) - CCC Gas Lines- Emergency Repairs
6 Packet Pg. 34
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE
EMERGENCY REPAIR OF THE COMMUNITY CENTER GAS UTILITY LINES BY WAY OF
EQUIPMENT AND LABOR SERVICES PROVIDED BY BURR PLUMBING IN THE AMOUNT OF $122,177.30 AND DISPENSING WITH FORMAL BIDDING PROCEDURES AS SPECIFIED IN CAMPBELL MUNICIPAL CODE (CMC) 3.20.050, AND SECTION 3.20.030(3) FOR
EMERGENCY SITUATIONS THREATENING THE HEALTH, SAFETY, OR WELFARE OF THE PUBLIC THAT NECESSITATES THE DISPENSATION OF FORMAL BIDDING PROCEDURES; AND AUTHORIZING A BUDGET ADJUSTMENT THE IN THE AMOUNT OF $122,177.30 (RESOLUTION/CONSENT)
WHEREAS, since 1985, the Campbell Community Center has been home to the City’s Recreation and Community Services Department and hosts a variety of programs that operate seasonally and/or year-round; and
WHEREAS, one of the Community Center’s largest (and oldest) mechanical systems is the original gas lines that were installed during the late 1960’s; and
WHEREAS, this underground system operates through a shared network of steel gas lines to power various buildings and/or amenities located throughout the complex; and
WHEREAS, in April 2023, the Public Works Department’s Building Maintenance Division was notified by PG&E gas technicians that a severe leak was detected within the Community Center’s gas lines; and
WHEREAS, staff contacted Burr Plumbing for the specialized equipment and labor services needed to assist staff ‘s efforts with locating the exact source of the leak and identifying a solution to repair the impacted gas line(s); and
WHEREAS, the circumstances prompting staff’s request also permitted the City to dispense with formal bidding procedures as specified in Campbell Municipal Code (CMC) § 3.20.050, and Section
3.20.030(3), which states that an emergency situation creating a threat to the public health, safety or welfare may necessitate the suspension of these bidding procedures; and
WHEREAS, Burr technicians arrived at the Community Center to locate and identify multiple leaks along different locations of the main gas line; and
WHEREAS, during the following weeks, Burr assisted staff with locating additional leaks, implementing repairs, and installing a new line to the pool’s machine room to help bring its boiler system back online; and
WHEREAS, despite the repairs performed to-date, the system still presented leakages throughout the old pipe work that required additional repairs and replacements; and
WHEREAS, in early June 2023, the City received an invoice from Burr Plumbing in the amount of $122,177.30 for all work performed to-date on the gas line leaks detected at the Community Center; and
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Attachment: Resolution (Burr Plumbing)
WHEREAS, staff directed Burr to refrain from additional repairs until a scope of work was prepared to address the remaining issues; and
WHEREAS, staff is requesting City Council’s approval of funding in the amount of $122,177.30 for the emergency repair of the Community Center gas utility lines as outlined in the Burr Plumbing invoice for services rendered between April and June of 2023; and
WHEREAS, should the City Council approve this allocation, payment will be issued to Burr Plumbing and reflected as an expenditure from the Public Works Building Maintenance Operating Budget for FY 2022/23; and
WHEREAS, a budget adjustment is required to address the funding required to perform this work.
NOW, THEREFORE, BE IT RESOLVED , that the City Council of the City of Campbell hereby approves the emergency repair of the Community Center gas utility lines to date by way of equipment and labor services provided by Burr Plumbing , in the amount of $122,170.30, and the dispensation of formal bidding procedures as specified in Campbell Municipal Code (CMC) §
3.20.050, and Section 3.20.030(3), for emergency situations necessitating the suspension of these bidding procedures; and authorizes a budget adjustment in the amount of $122,170.30 for these purposes.
BE IT FURTHER RESOLVED that staff will return to City Council to present the details of additional repairs to be performed on the Community Center gas lines and request approval to proceed with the proposed work and associated costs at that time.
PASSED AND ADOPTED this _____th day of ________, 2023, by the following roll call vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
APPROVED:
_________________________________
Anne Bybee, Mayor
ATTEST:
___________________________
Andrea Sanders, City Clerk
6.a
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Attachment: Resolution (Burr Plumbing)
Invoice
Svc Date
6/6/2023
115057
Bill To:
City Of Campbell
1 West Campbell Avenue, C-32
Campbell, CA 95008
Service Address:
City Of Campbell
1 West Campbell Avenue, C-32
Campbell, CA 95008
1645 Almaden Road
San Jose, CA 95125-1206
(408) 287-2877
WO# PO / Contract Terms
NET 30
Due Date
7/6/2023
Service Man
EMB
Requested By
Dave
Thanks for Choosing Us to Solve your Plumbing
Problems. We Appreciate your Business!
Total
Balance Due
Payments/Credits
Let us take a crack at your next
plumbing or electric job.
NO
.
Make checks payable to Burr Plumbing & include invoice number
DESCRIPTION AMOUNT
Performed multiple gas line detection's and piping surveys in attempt to repair gas leaks.
Performed excavations at multiple locations to expose leaking gas piping. Including cutting concrete and jack hammering.
Repaired approximately 8-10 underground leaks and 2 above ground leaks. Also installed isolation valves to isolate sections of pipe.
Installed new poly (PE) pipe to serve pool mechanical room. Provided tests for PG&E to restore gas service.
122,177.30
*Project is currently stopped but equipment and open excavations remain.
This is a lump sum invoice and the total sum of this invoice includes all applicable taxes.
$122,177.30
$122,177.30
$0.00
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Attachment: Burr Plumbing Invoice (Dated June 6, 2023) (Burr Plumbing) City of Campbell
Request for Budget Adjustments
Department/Program Division Date Request No.
July 25, 2023 BA-23
Budget to be Reduced
Fund/Program Account Number Description Amount
Budget to be Increased
Fund/Program Account Number Description Amount
EXPENDITURES
101.780 7428 Emergency Repair of the Community Center Gas Utility Line 122,177.30 (Burr Plumbing)
REASON FOR REQUEST - BE SPECIFIC:
Finance Director Public Works Director City Manager
Public Works
Will Fuentes Todd Capurso Brian Loventhal
Authorizing the Emergency Repair of the Community Center Gas Utility Lines by Way of Equipment and Labor Services Provided by Burr Plumbing, in the Amount of $122,177.30, and Dispensing with Formal Bidding Procedures as Specified in Campbell Municipal Code (CMC) § 3.20.050, and Section 3.20.030(3), for Emergency Situations Threatening the Health, Safety or Welfare of the Public that Necessitates the Dispensation of Formal Bidding Procedures; and Authorizing the Appropriation of Funds
CCC Gas Lines- Emergency Repairs
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Attachment: BA-23 (FY 2023) - CCC Gas Lines- Emergency Repairs (Burr Plumbing)
City
Council
Report
TITLE: Resolution Approving an Agreement with Pacific Gas and Electric (PG&E) to Provide Equipment and Labor Services, in an Amount Not to Exceed $97,341.95, for the Relocation of Electrical Service Connections for the Measure O – Library Renovations Project (No. 23-SS); and Authorization for the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section
3.20.100 (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution: 1) approving an agreement with Pacific Gas and Electric (PG&E) to provide equipment and labor services, in an amount not to exceed $97,341.95, for the relocation of electrical service connectio ns for the Measure O - Library Renovations Project (No. 23 -SS), and 2) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.
BACKGROUND
The Campbell Library (Library) is a City facility that has been operated by the Santa Clara County Library District (SCCLD) for over 40 years. Located within the City’s Civic Center Complex, the building was constructed in the early 1970’s and has been operated by the SCCLD through a lease agreement as part of th e County’s public library system. Under this lease agreement, SCCLD managed the Library’s daily operations (including maintenance of the facility’s building systems and mechanical components), while the City maintained responsibility for the overall condi tion of the building’s infrastructure.
Over time, increasing mechanical failures, inefficient energy resources, and space limitations impacted SCCLD’s ability to effectively operate current and future library programs. Moreover, outdated building compone nts and structural deficiencies were occurring more frequently and becoming increasingly more costly.
In November 2018, Campbell voters passed Measure O authorizing the City to issue $50,000,000 in general obligation (GO) bonds to finance the design and construction of a new Police Operations Building (with a new EOC) and renovations to the Campbell Library. The $50M in Measure O funds w ere subsequently allocated to each project’s design and construction efforts, resulting in a total allocation of $20.5 M to the Library Renovations Project (No. 23 -SS). Since then, the Library Project has also received additional funding from the California State Library Building Forward Grant Program ($4.7M) and Silicon Valley Clean Energy (SVCE) Demonstration Grant Pro gram ($500k) Item: 7
Category: CONSENT CALENDAR
Meeting Date: July 31, 2023
7 Packet Pg. 39
PGE Equipment and Labor Agreement Page 2 of 4
– both of which were based on competitive grant application processes for qualifying improvement projects featuring energy -efficient upgrades supporting their respective program objectives. As such, budget adjustments were made accordingly to reflect the additional funds received following the execution of their grant agreements in December 2022 (State Library) and April 2023 (SVCE Decarbonization). Based on the Library’s initial allocation of $20.5M in Measure O funding, and additional fundi ng received by these outside programs, the following is a summary of the project’s total available funds (current budget) listed by source:
Available Funds – Library Project (No. 23-SS)
Funding Source Amount
Measure O ($20M Initial Allocation + $500k Shared Site Work Allocation) $ 20,500,000 State Library Building Forward Grant Program $ 4,718,450 SVCE Decarbonization Demonstration Grant Program $ 500,000 Santa Clara County Library District (SCCLD) $ 510,000 Total Available Funds (current project budget) $ 26,228,450
The additional funds received from these outside programs created capacity within the Library’s existing budget to incorporate energy -efficient features back into the scope of work that were previously omitted due to budgeta ry constraints. As a result, the project’s final plans, specifications, and engineer’s estimates (PS&E) will transform the Library’s existing 24,000 square foot site into a new state -of-the-art, all-electric facility; complete with upgrades and amenities that not only enhance the building’s aesthetics and functionality, but also advance the City’s long -term energy conservation efforts and commitment to maintain valuable services to the community.
DISCUSSION
During design development, staff became awar e that electrical upgrades would be required and that the specialized equipment and labor services could only be performed through PG&E. These services are needed to re construct the Library’s electrical system in accordance with the specifications and req uirements of the recommended energy-efficient features. As such, the design team contacted PG&E to request additional information regarding the ir recommendations as well as the availability of services and the associated costs. As the design progressed , PG&E provided information to the design team that would allow for the refinement of the project’s scope of work , consistent with work to be performed by PG&E. This work is proposed to include the relocation of the electrical service with new equipment, while factoring the associated costs into the project’s budget allocations for utility -based expenses. Based on these efforts, the project’s final PS&E includes the electrical relocation work to be performed during construction and its associated costs.
7 Packet Pg. 40
PGE Equipment and Labor Agreement Page 3 of 4
On June 6, 2023, the City Council approved the Library’s final PS&E and authorized the solicitation of bids from the project’s list of pre -qualified construction contractors.
Approximately a week later, PG&E submitted their proposal (contract) for the equ ipment and labor services related to the electrical relocation work in accordance with the project’s final specifications (see Attachment B). Per the terms of this contract, PG&E is proposing to provide the equipment and labor services necessary to comple te the relocation of the building’s existing electrical system for a total contract amount of $97,341.95. Based on this total, the following is a summary of the services included and the associated costs:
PG&E Electrical Relocation – Library Project (No. 23-SS) Service Amount
Engineering and Administrative Costs $ 19,422.37
Facilities (Cable, Transformers, etc.) $ 50,169.88
Tie-in / Meters $ 7,424.96
Inspection Fees $ 1,484.36
Interagency Tax Collection Committee (ITCC) @ 24% Electric $ 18,840.38 Total Payment Due $ 97,341.95
NEXT STEPS
Staff is recommending City Council’s approval of the PG&E contract, for the total amount of $97,341.95, to provide the equipment and labor services for the relocation of the Library’s existing electrical syste m in accordance with the project’s scope of work.
Furthermore, staff is also requesting Council’s authorization for the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.
With the contractor bidding process c urrently underway, staff will provide updates to the PG&E project team and assist with coordination efforts pending Council’s award of the project’s construction contract at that time.
FISCAL IMPACT
The proposed contract is in the amount of $97,341.95. Sufficient funding is available to perform this work in the City’s approved CIP Budget for ‘Civic Center Improvements – Library Renovations (Project No. 23 -SS). Subsequent payment will be issued to PG&E in accordance with the contract’s terms of service.
ALTERNATIVES
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PGE Equipment and Labor Agreement Page 4 of 4
1. Do not approve the contract with PG&E for the electrical relocation services to be provided during construction of the Library Renovations project.
2. Provide alternative direction to staff.
Prepared by:
Carina Shattuck, Administrative Analyst I
Reviewed by:
Todd Capurso, Director of Public Works
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution
b. PG&E Cost Summary (Service Agreement Dated June 13, 2023) 7 Packet Pg. 42
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF CAMPBELL APPROVING AN
AGREEMENT WITH PACIFIC GAS AND ELECTRIC (PG&E) TO PROVIDE EQUIPMENT AND LABOR SERVICES, IN AN AMOUNT NOT TO EXCEED $97,341.95, FOR THE RELOCATION
OF ELECTRICAL SERVICE CONNECTIONS FOR THE MEASURE O - CAMPBELL LIBRARY RENOVATIONS PROJECT (NO. 23-SS), AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID AGREEMENT AS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION
3.20.100 (RESOLUTION/CONSENT)
WHEREAS, in November 2018, Campbell voters passed Measure O authorizing the City to issue $50,000,000 in general obligation (GO) bonds to finance the design and construction of a new Police Operations Building (with a new EOC) and renovations to the Campbell Library); and
WHEREAS, since then, the Library Renovations project (No. 23 -SS) has received additional funding from the California State Library Building Forward Grant Program ($4.7M) and Silicon Valley Clean Energy (SVCE) Demonstration Grant Program ( $500k) for the implementation of energy-efficient upgrades in support of their respective program objectives; and
WHEREAS, based on the Library’s original allocation of $20.5M in Measure O funding, and additional fund s received by these outside sources, the project’s current available budget is $26,228,450; and
WHEREAS, staff became aware that the proposed upgrades would require specialized equipment and labor services from PG&E to re locate and reconstruct the Library’s existing electrical service in accordance with the specifications of these new energy-efficient features; and
WHEREAS, the design team contacted PG&E to request additional information regarding the required services and the associated costs; and
WHEREAS, the information provided by PG&E allowed the design team to refine the project’s scope of work to include the electric relocation details and factor the associated costs into the project’s budget allocations for utility-based expenditures; and
WHEREAS, following City Council’s approval of the project’s final PS&E on June 6, 2023, PG&E submitted their proposal (contract) for equipment and labor services to complete the electrical relocation work in accordance with the project’s final specifications; and
WHEREAS, per the terms of this agreement, PG&E has proposed to provide the proposed equipment and labor services for a total contract amount of $97,341.95; and
WHEREAS, s ufficient funding is available for the associated costs as reflected in the City’s approved CIP budget for ‘Civic Center Improvements – Library Renovations (Project No. 23-SS)’; and
WHEREAS, staff is recommending City Council’s approval of the PG&E contract, in the total amount of $97,341.95, for equipment and labor services to complete the electrical relocations during construction of the Library Renovations project (No. 23-SS) and authorize the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.
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Attachment: Resolution (PGE Equipment and Labor Agreement)
NOW, THEREFORE, BE IT RESOLVED , that the City Council of the City of Campbell hereby approves the service contract with PG&E, in a payment amount not to exceed $97,341.95, for equipment and labor services to complete the electrical relocations for the Library Renovations project (No. 23-SS) and authorize the City Manager to subsequently execute said agreement as specified in Campbell Municipal Code Section 3.20.100.
PASSED AND ADOPTED this _____th day of ________, 2023, by the following roll call vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
APPROVED:
_________________________________
Anne Bybee, Mayor
ATTEST:
___________________________
Andrea Sanders, City Clerk
7.a
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Attachment: Resolution (PGE Equipment and Labor Agreement) 122969561
June 13, 2023
Customer Payment
Coupon
References
Notification # 122969561
Contract # 50068797 V2
ERR-PM # 35333552
Customer # 3293167
City of Campbell
70 N. First Street
CAMPBELL, CA 95008
Customer Cost Summary
Campbell Library Renovations, Project 23-SS
77 HARRISON AVE, CAMPBELL
Amounts Due Total Due
Elec Reloc & Rearrangement Non-Refundable Payment $97,341.95 $97,341.95
Important Payment Information
To complete your contract ONLINE
Follow the instructions provided with your electronic contract Submit payment at https://www.pge.com/contractpayments
To complete your contract BY MAIL
Please make check payable to: PG&E or Pacific Gas and Electric Complete, sign and return the enclosed agreement(s), the SACAC form and the customer payment coupon with your payment
Remit payment and SACAC form to:
PG&E CFM/PPC Department
PO BOX 997340
Sacramento, CA 95899-7340
IMPORTANT MESSAGE
Please review the enclosed information
and total due. This document needs
to be returned with the enclosed
agreements.
If you complete your contract ONLINE,
a copy will be saved to your Customer
Connections Online (CCO) account at
pge.com/cco.
To learn more about PG&E's gas and
electric safety initiatives and resources
please visit pge.com/safety.
Have Questions?
Please Call 1-800-422-0436
7.b
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Attachment: PG&E Cost Summary (Service Agreement Dated June 13, 2023) (PGE Equipment and Labor Agreement)
* Automated document, Preliminary Statement, Part A
122969561
62-4527 (Rev 1/91)
Service Planning
Advice No. 1633-G/1342-E
Effective 4/02/91
Pacific Gas and Electric Company
Agreement to Perform
Tariff Schedule Related Work
DISTRIBUTION:
Applicant (Original)
Division (Original)
ACCTG. SVCS.
REFERENCES:
122969561Notification #
50068797Contract # 2V
35333552RR-PM #
June 13, 2023
City of Campbell, A GOVERNMENT AGENCY (Applicant) has requested PACIFIC GAS AND ELECTRIC COMPANY, a California corporation (PG&E), to perform the tariff schedule related work as located and described in paragragh 3 herein. PG&E agrees to perform the requested work and furnish all necessary labor, equipment, materials and related facilities required therefore, subject to the following conditions:
1. Whenever part or all of the requested work is to be furnished or performed upon property other than that of Applicant, Applicant shall first procure from such owners all necessary rights-of-way and/or permits in a form satisfactory to PG&E and without cost to it.
2. Applicant shall indemnify and hold harmless PG&E, its officers, agents and employees, against all loss, damage, expense and liability resulting from injury to or death of any person, including but not limited to, employees of PG&E, Applicant or any third party, or for the loss, destruction or damage to property, including, but not limited to property of PG&E, Applicant or any third party, arising out of or in any way connected with the performance of this agreement, however caused, except to the extent caused by the active negligence or willful misconduct of PG&E, its officers, agents and employees. Applicant will, on PG&E's request, defend any suit asserting a claim covered by this indemnity. Applicant will pay all costs that may be incurred by PG&E in enforcing this indemnity, including reasonable attorneys' fees.
3. The location and requested work are described as follows: (Describe in detail the materials and facilities to be furnished and/or work to be performed by PG&E. If more space is required, use other side and attach any necessary drawings as Exhibits A, B, C, etc):
77 HARRISON AVE, CAMPBELLLOCATION:
Panel relocationDESCRIPTION OF WORK ELECTRIC:
DESCRIPTION OF WORK GAS:
Electric Gas
Engineering and Administrative Costs $19,422.37 (+) $0.00 Including Applicant Design Value of $0.00 $0.00
Re-engineering/Comp Prep/Add'l AD Plan Checks $0.00 (+) $0.00 Facilities (Cable, Transformers / Gas Pipe) $50,169.88 (+) $0.00 Trench, Conduits & Substructures $0.00 (+) $0.00
Tie-In / Meters $7,424.96 (+) $0.00
Trench Permits & Land Rights $0.00 (+) $0.00
Inspection Fees $1,484.36 (+) $0.00
Subtotal $78,501.57 (=) $0.00
Including Net Joint Pole Credit Value of $0.00 $0.00
plus ITCC @ 24% Electric 0% Gas $18,840.38 (+) $0.00
plus Non Taxable Work $0.00 (+) $0.00
D.0405055 Line Extension Costs - Residential $0.00 (+) $0.00 D.0405055 Line Extension Costs - Non-Residential $0.00 (+) $0.00 less Value of Relocation Applicant Design Work $0.00 (-) $0.00 less Work Provided by Applicant $0.00 (-) $0.00
less Salvage $0.00 (-) $0.00
Total Payment $97,341.95 (=) $0.00
#Form 62-4527#
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Attachment: PG&E Cost Summary (Service Agreement Dated June 13, 2023) (PGE Equipment and Labor Agreement)
* Automated document, Preliminary Statement, Part A
122969561
62-4527 (Rev 1/91)
Service Planning
Advice No. 1633-G/1342-E
Effective 4/02/91
4. Applicant shall pay to PG&E, promptly upon demand by PG&E, as the complete contract price hereunder, the sum of Ninety-seven thousand three hundred forty-one dollars and ninety-five cents $97,341.95 Upon completion of requested work, ownership shall vest in: PG&E Applicant Executed this #signDayWPA# day of #signMonWPA# #signYrWPA#
CITY OF CAMPBELL, A GOVERNMENT AGENCY
Applicant
PACIFIC GAS & ELECTRIC COMPANY
By: #sigWPA# By: Michele Williams
Brian Loventhal
City Manager
Title: Representative Title: Service Planning Supervisor Mailing Address:
CITY MANAGER OFFICE
70 N. FIRST STREET
CAMPBELL, CA 95008
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Attachment: PG&E Cost Summary (Service Agreement Dated June 13, 2023) (PGE Equipment and Labor Agreement)
City
Council
Report
TITLE: Contract Crossing Guard Services to All City Management Services (ACMS) (Resolution Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a Resoluti on approving the agreements, determining that it is in the best interest of the public to dispense with the formal bidding requirements pursuant to Campbell Municipal Code Section 3.20.030(8), authorizing the City Manager to enter into a 1 -year agreement w ith All City Management Services Inc. for Crossing Guard Services in a total amount not -to-exceed $235,516 for Fiscal Year 2023-24, and authorizing the City Manager to enter into cost sharing agreements with the Campbell Unified School District and the Moreland School District.
BACKGROUND
Crossing Guard services for the City of Campbell are currently managed by the Police Department’s Traffic Unit. This includes recruiting, hiring, background checks, training, providing equipment and uniforms for the gu ards, supervision, and scheduling.
Currently there are nine budgeted part -time crossing guard positions. For at least the past decade and a half, it has become increasingly hard to staff crossing guard positions. Only five of those nine positions were s taffed at the end of the 22/23 school year despite several recruitments. Only four positions are projected to be staffed at the start of the 23/24 year. Vacant posts are staffed by community services officers or police officers when available. More comm only, the vacant posts are left unattended due to Police Department staffing.
DISCUSSION
Of the nine part -time crossing guard positions, eight positions are allotted to schools in the Campbell Unified School District located within the city. The ninth position is allotted to Payne Elementary School. Payne Elementary School is a part of the Moreland School District and is in the City of San Jose. A Campbell crossing guard has traditionally been staffed on Hamilton Avenue at Phoenix Drive in the C ity of Campbell where there is a significant amount of pedestrian and bicycle traffic across the busy intersection from the City of Campbell to Payne Elementary School.
Item: 8
Category: CONSENT CALENDAR
Meeting Date: July 31, 2023
8 Packet Pg. 48
Contract Crossing Guard Services to All City Management Services (ACMS) Page 2 of 5 In Santa Clara County, there is some degree of variation as to what public entity fund s and oversees their respective crossing guard programs. Some programs are fully funded by the city, some are fully funded by the school districts, and some share funding responsibilities, regardless of whether they contract services or manage their own programs.
Up until the 21/22 school year, the City of Campbell had fully funded the crossing guard program. For the 21/22 school year, the police department approached both school districts regarding cost sharing for crossing guard services. Both distr icts agreed to reimburse 50% of the hourly costs of crossing guard services for their respective districts. It should be noted that these agreements did not cover equipment, costs related to recruiting, hiring, background checks, training, scheduling, or supervision of the crossing guards. The cost sharing remained in effect for the 22/23 school year.
The police department has continued to try to fill vacant crossing guard positions without any significant success. Campbell is not unique in not being able to fill positions which has resulted in most of the cities or school districts in the county contracting with a private company to provide crossing guard services.
Staff identified that All City Management Services (ACMS) was the sole private company providing crossing guards services to the cities or school districts of: Mountain View, Palo Alto, Los Gatos, Sunnyvale, Cupertino, Saratoga, Los Altos and beginning in the 23/24 school year, Palo Alto and Milpitas. The cities of San Jose and Santa Cla ra still manage their own crossing guard programs. The Morgan Hill School Unified School District and the Gilroy Unified School District are responsible for their own crossing guard programs.
The police department projected to start the 23/24 school ye ar with only four of the nine positions filled. Additionally, the Police Department’s Traffic Unit has handled recruiting, hiring, background checks, training, scheduling, and supervision of the crossing guard program. Over the past two years the traffic unit has been staffed by a single supervisor or, at times, no staff, due to overall department staffing levels and needs.
Traffic administration duties , when no supervisors are assigned to traffic, are absorbed by the S pecial Enforcement Division Captain and a patrol Watch Commander , which would include the duties related to the crossing guard program.
Staff requested a quote from ACMS for the complete management of the crossing guard program to include recruitment, hiring, background checks, training, equipment, insurance, supervision, and scheduling. The request additionally was to provide substitute guards in the event of a sick callout or other circumstances that would leave a post vacant. ACMS provided a quote based on the request for $48.46 per h our per guard for a total of $235,516 (see attached quote).
Staff spoke with both school districts who agreed to a 50% formal cost sharing with the city for the respective crossing guard services provided to their districts . A draft cost 8 Packet Pg. 49
Contract Crossing Guard Services to All City Management Services (ACMS) Page 3 of 5 sharing agreement with Campbell Unified School Distric t, and Moreland School District is attached.
The City of Palo Alto began a bid process in April 2023 for crossing guard services (see attached Request for Proposal (RFP)). Staff reviewed the “Scope of Ser vices” in Palo Alto’s RFP and found it to be consistent with the scope of services staff is seeking, excluding the total number of crossing guards, scheduled hours, and the number of intersections covered.
Staff contacted David Mecusker who is the contracts manager with ACMS who provided the quote to staff. Mr. Mecusker confirmed that the scope of services that Palo Alto requested are the same services that would be provided to the City of Campbell based on the quote for $235,516. In addition, the four remaining crossing guards who would return for the 23/24 school year would be offered employment by ACMS at a hirer wage than they are currently being paid. They would also be able to remain at posts for the City of Campbell.
Staff spoke wit h staff at the City of Palo Alto who confirmed the contract with ACMS is scheduled to go before their council on August 7, 2023. Palo Alto staff stated that no other vendor provided a bid in response to the RFP other than ACMS.
Staff spoke with Milpita s Police Department staff who identified they are contracting services with ACMS for the 23/24 school year. Milpitas Police staff did not go out to competitive bid as ACMS was the only vendor they identified to provide contract crossing guard services. M ilpitas Police Department staff identified ACMS as a sole source vendor as a result when it went before their council on June 20, 2023.
ACMS has been in operation since 1985 and has over 260 crossing guard contracts in 25 states. Staff would recommend a 1 -year contract with ACMS (See attached contract). If ACMS can provide consistent staffing levels and services that the city and school districts are satisfied with, staff’s intent would be to negotiate a longer -term contract with ACMS and bring the mat ter before council before the start of the 24/25 school year.
Staff would recommend that the city council dispense with the bidding requirement of CMC section 3.20.030 as it is in the best interest of the public based on the following:
• The City of Pal o Alto completed a competitive bid process comparable to the requirements of The City of Campbell’s bidding process and received no other competitive bids for the same scope of services for the 23/24 school year.
• The City of Milpitas found no other viabl e private contractors to provide crossing guard services for the 23/24 school year with the same scope of services the City of Campbell is requesting.
8 Packet Pg. 50
Contract Crossing Guard Services to All City Management Services (ACMS) Page 4 of 5 • ACMS was the only company identified by staff based on their research that provides all-inclusive crossing guard services in the Bay Area.
• ACMS is the sole private provider of contract school crossing guard services to all cities and or school districts in the County of Santa Clara who do not manage their own programs.
FISCAL IMPACT
$230,000 was approved in the FY24 budget for contracting out crossing guard services under expenditure account 101.604.7430 . Offsetting cost share revenue in the amount of $115,000 was also projected in the FY24 budget under revenue account 101.604.4704. This results in a net budgeted cost of $115,000 to the City. With the executed 50% cost sharing agreements with the two school districts, the actual net cost to the general fund after reimbursement would be $117,758. This is $2,758 greater than what was expected, but it can be absorbed within the Police Department budget without any further adjustment for FY24. In addition, $1, 000 budgeted for crossing guard uniforms and equipment would no longer be needed under account 101.604.7423.
Prepared by:
Dan Livingston, Police Captain
Reviewed by:
Gary Berg, Police Chief
Approved by:
Brian Loventhal, City Manager
Attachment:
8 Packet Pg. 51
Contract Crossing Guard Services to All City Management Services (ACMS) Page 5 of 5 a. Resolution
b. ACMS Quote
c. CUSD and Campbell PD Cost Sharing Agreement 2023.2024 Draft d. City of Palo Alto RFP
e. Moreland Cost Sharing
8 Packet Pg. 52
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING THE AGREEMENTS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A 1-YEAR AGREEMENT WITH ALL CITY MANAGEMENT SERVICES INC. FOR CROSSING GUARD SERVICES IN A TOTAL AMOUNT NOT TO EXCEED $235,516 FOR FISCAL YEAR 2023-24, AND AUTHORIZING THE CITY MANAGER
TO ENTER INTO COST SHARING AGREEMENTS WITH THE CAMPBELL UNIFIED
SCHOOL DISTRICT AND THE MORELAND SCHOOL DISTRICT, AND
DETERMINING THAT IT IS IN THE BEST INTEREST OF THE PUBLIC TO
DISPENSE WITH THE BIDDING REQUIREMENTS OF THE CAMPBELL MUNICIPAL PURSUANT TO CODE SECTION 3.20.030
WHEREAS, the City of Campbell has maintained a cross ing guard program to post crossing guards at intersections with high volumes of school-age pedestrians and vehicles; and
WHEREAS, based on the dire condition of the program; strain on Police Department resources; recruitment challenges; and review of program models in use in other cities; staff identified All City Management Services Inc. as a viable alternative to maintaining the City’s own program; and
WHEREAS, the following circumstances exist, thereby warranting the bidding procedures to be dispensed with in the best interest of the public pursuant to Campbell Municipal Code (CMC) Section 3.20.030(8):
1. The City of Palo Alto completed a competitive bid process comparable to the requirements of The City of Campbell’s bidding process and received no other competitive bids for the same scope of services for the 23/24 school year.
2. The City of Milpitas found no other viable private contractors to provide crossing guard services for the 23/24 school year with the same scope of services the City of Campbell is requesting.
3. ACMS was the only company identified by staff based on their research that provides all-inclusive crossing guard services in the Bay Area.
4. ACMS is the sole private provider of contract school crossing guard services to all cities and or school districts in the County of Santa Clara who do not manage their own programs.
WHEREAS, the Campbell Unified School District and the Moreland School District wish to enter into agreements with the City of Campbell to share the cost of crossing guard services; and
WHEREAS, the City now wishes to enter into a 1 -year services agreement with All City Management Services for crossing guard services in a total amount not -to-exceed $235,516 for Fiscal Year 2023-24.
NOW THEREFORE BE IT RESOLVED, that the City Council authorizes dispensing with the bidding procedures, pursuant to CMC Section 3.20.030 (8), approves the agreements,
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Attachment: Resolution (Contract Crossing Guard Services to All City Management Services (ACMS)) and authorizes the City Manager to enter into a 1 -year agreement with All City Management Services Inc. for crossing gu ard services in a total amount not -to-exceed $235,516 for fiscal year 2023 -24, and the City Manager is authorized to enter into cost sharing agreements with the Campbell Unified School District and the Moreland School District.
APPROVED:
___________________________
Anne Bybee, Mayor
ATTEST:
____________________________
Andrea Sanders, City Clerk
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Attachment: Resolution (Contract Crossing Guard Services to All City Management Services (ACMS))
10440 Pioneer Blvd. Ste 5Santa Fe Springs, Ca 90670800-540-9290 FAX 310-202-8325
Proposed Hourly Rate
2023/2024 School Year
As a full service contractor, the hourly rate quoted is a fully loaded rate, meaning all of our costs are included in the proposed hourly billing rate. This would include but be not limited to; recruitment, background clearance, training, equipment, insurance, supervision and management of the City of Campbell, CA Crossing Guard Program.
Proposed Hourly Rate: Forty-eight Dollars and Forty-six Cents ($48.46) per hour, per guard. This pricing is based upon 9 crossing guards compensated an average of 3.0 hours per day, for 180 school days annually. Local field supervision and substitute guards are also included in the rate, as are all other costs except as noted below. Based upon 4,860 hours, we project a Not to Exceed price of $235,516.
Invoices for services are mailed every two weeks. Included with each invoice is a Work Summary, which details each site, each day and the hours worked at that site. City of Campbell would only be billed for Crossing Guard s ervices rendered on designated “school days” unless otherwise requested by the City.
The hourly rate does not include additional safety equipment, crosswalk delineators, cone s or safety devices. If the City should desire any such additional equipment th e additional cost would be billed to the City.
ACMS Contact Information
Business Address: 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Phone numbers: 310.202.8284 or 800.540.9290
Fax number: 310.202.8325
Website address: www.thecrossingguardcompany.com
24 Hour Emergency Dispatch: 877.363.2267
General Manager: Baron Farwell: [email protected] Vice President of Operations: Patricia Pohl: [email protected] Director of Marketing: Harlan Sims: [email protected] Interim Finance Director: Noel Concha [email protected]
This pricing is valid for a period of 90 days.
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Attachment: ACMS Quote (Contract Crossing Guard Services to All City Management Services (ACMS))
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Attachment: CUSD and Campbell PD Cost Sharing Agreement 2023.2024 Draft (Contract Crossing Guard Services to All City Management
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Attachment: CUSD and Campbell PD Cost Sharing Agreement 2023.2024 Draft (Contract Crossing Guard Services to All City Management
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Attachment: CUSD and Campbell PD Cost Sharing Agreement 2023.2024 Draft (Contract Crossing Guard Services to All City Management
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Attachment: CUSD and Campbell PD Cost Sharing Agreement 2023.2024 Draft (Contract Crossing Guard Services to All City Management
Police Department
Request for Proposal (RFP) Number 187853
for Professional Services
Crossing Guard Services
Qustions deadline 1 :00 p.m., Wednesday, April 26, 2023 RFP submittal deadline: 3:00 p.m., Friday, May 5, 2023
Contract Administrator: Ann Marie Romero
(Email address) [email protected]
CITY OF PALO ALTO
PURCHASING/CONTRACT ADMINISTRATION
250 HAMILTON AVENUE
PALO ALTO, CA 94301
(650) 329-2271
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Attachment: City of Palo Alto RFP (Contract Crossing Guard Services to All City Management Services (ACMS)) Rev. February 12, 2018 1
REQUEST FOR PROPOSAL (RFP) NO. 181853
FOR PROFESSIONAL SERVICES
Crossing Guard Services
1. INTRODUCTION
The City of Palo Alto is seeking proposals from qualified firms to provide and perform crossing guard services, training and for Crossing Guard Services project.
The required services and performance conditions are described in the Scope of Services.
2. ATTACHMENTS
The attachments below are included with this Request for Proposals (RFP) for the Proposer’s review and submittal (see asterisk):
Attachment A – Proposer’s Information Form*
Attachment B – Scope of Services
Attachment C – Sample Agreement for Professional Services Attachment D – Sample Table, Qualifications of Firm Relative to City’s Needs Attachment E – Cost Proposal Format*
Attachment F – Insurance Requirement
The items identified with an asterisk (*) shall be filled out, signed by the appropriate representative of the Proposer’s company and returned with submittal.
3. PRE-PROPOSAL CONFERENCE AND CERTIFICATIONS
3.1 Pre-proposal Conference
A pre-proposal conference will not be held for this project.
3.2 Examination of Proposal Documents
The submission of a proposal shall be deemed a representation and certification by the Proposer that it:
3.2.1 Has carefully read and fully understand the information that was provided by the City to serve as the basis for submission of this proposal.
3.2.2 Has the capability to successfully unde rtake and complete the responsibilities and obligations of the proposal being submitted.
3.2.3 Represents that all information contained in the proposal is true and correct.
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3.2.4 Did not, in any way, collude, conspire to agree, directly or indirectly, with any person, firm, corporation or other Proposer in regard to the amount, terms or conditions of this proposal.
3.2.5 Acknowled ge that the City has the right to make any inquiry it deems appropriate to substantiate or supplement information supplied by Proposer, and Proposer hereby grants the City permission to make these inquiries, and to provide any and all related documentation in a timely manner.
3.3 Addenda/Clarifications
Should discrepancies or omissions be found in this RFP or should there be a need to clarify this RFP, questions or comments regarding this RFP must be emailed and received by the City no later than 1: 00 p.m., Wednesday, April 26, 2023.
Correspondence shall be communicated thr ough the City’s e lectronic procurement system (PlanetBids). Responses from the City will be communicated through the City’s electronic procurement system to all recipients of this RFP via Proposal addendum. Inquiries received after the date and time state d will not be accepted. All addenda shall become a part of this RFP and shall be acknowledged on the Proposer’s submittal.
The City shall not be responsible for nor be bound by any oral instructions, interpretations or explanations issued by the City or its representatives.
3.4 Submission of Proposals
All proposals shall be submitted electronically through the City’s electronic procurement system (PlanetBids) at:
https://www.planetbids.com/portal/portal.cfm?CompanyID=25569
Proposals must be received by no later than 3:00 p.m. on Friday, May 5, 2023.
The e-procurement system will not accept any proposals after the specified close time.
3.5 Withdrawal or Modification of Proposals
A Proposer may withdraw or modify its proposal at any time before the expiration of the time for submission of proposals as provided in the RFP by entering the e- procurement system and selecting to withdraw the
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Attachment: City of Palo Alto RFP (Contract Crossing Guard Services to All City Management Services (ACMS)) Rev. February 12, 2018 3
proposal. No request for modification of the proposal shall be considered after its submission and acceptance on grounds that Proposer was not fully informed to any fact or condition.
3.6 Rights of the City of Palo Alto
This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract. The City reserves the right to:
• Make the selection based on its sole discretion;
• Reject any and all proposals;
• Issue subsequent Requests for Proposals;
• Postpone opening for its own convenience;
• Remedy technical errors in the Request for Proposals process; • A pprove or disapprove the use of particular subconsultants; • Negotiate with any, all or none of the Proposers;
• Accept other than the lowest offer;
• Waive informalities and irregularities in the Proposals and/or • Enter into an agreement with another Proposer i n the event the originally selected Proposer defaults or fails to execute an agreement with the City.
An agreement shall not be binding on the City unless and until it is executed by authorized representatives of the City and of the Proposer.
4. PROPOSED TENTATIVE TIMELINE
The tentative RFP timeline is provided for the convenience of the Proposers but may be subject to change at any t ime by the City. Any such changes will be stated in an addendum to this RFP. The tentative RFP timeline is as follows:
RFP Issued April 20, 2023
Pre-Proposal Meeting None
Deadline for questions, clarifications Wednesday, April 26, 2023 by 1:00 p.m.
Proposals Due Friday, May 5, 2023 by 3:00 p.m.
Finalist Identified Week of May 8, 2023
Consultant Interviews (if needed) Week of May 15, 2023
Consultant selection and contract preparation Week of May 22, 2023 Contract awarded TBD
Work commences TBD
5. PROPOSAL CONTENT AND FORMAT (to be submitted in this order only)
These instructions outline the guidelines governing the format and content of the proposal and the approach to be used in its development and presentation. The
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intent of the RFP is to encourage responses that clearly communicate the Proposer’s understanding of the City’s requirements and its approach to successfully provide the products and/or services on time and within budget. Only that information which is essential to an understanding and evaluation of the proposal should be submitted. Items not specifically and explicitly related to the RFP and proposal, e. g. brochures, marketing material, etc. w ill not be considered in the evaluation.
Proposers must submit the following: 1) Proposal Response (as outlined below in Sections 5.1–5.9); 2) Required forms: Attachment A entitled Proposer’s Information Form, and Attachment E entitled Cost Proposal; and 3) Evidence of Financial Stability.
All proposals shall address the following items in the order listed below and sh all be numbered 1 through 9 in the proposal document.
5.1 Chapter 1 – Proposal Summary
This Chapter shall discuss the highlights, key feature s a nd distinguishing points of the Proposal. A separate sheet shall include a list of individuals and contacts for this Proposal and how to communicate wi th them. Limit this Chapter to a total of three (3) pages including the separate sheet.
5.2 Chapter 2 – Profile on the Proposing Firm(s)
This Chapter shall include a brief description of the Proposer’s firm size as well as the proposed local organization structure. Include a discussion of the Proposer firm’s financial stability, capacity and resources . Incl ude all other firms participating in the Proposal, including similar inf ormation about the firms.
Additionally, this section shall include a listing of any lawsuit or litigation and the result of that action resulting form (a) any public project undert aken by the Proposer or by its subcontractors where litigation is still pending or has occurred within the last five years or (b) any type of project where claims or settlements were paid by the consultant or its insurers within the last five years.
5.3 Chapter 3 – Qualifications of the Firm
This Chapter shall include a brief description of the Proposer’s and any sub- Proposer’s qualifications and previous experience on similar or related projects. Provide in a table format (see Sample Table, Attachment D), descriptions of pertinent project experience with other public municipalities and private sector entities, including a summary of the work performed, the total project cost, the percentage of work the firm was responsible for, the
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period over which the work was completed, and the name, title, and phone number of client s to be cont acted for references. Give a brief statement of the firm’s adherence to the schedule and budget for the project.
This Chapter shall include information regarding any relations hips with firms and/or individuals that may submit proposals in response to the RFPs being developed.
5.4 Chapter 4 – Work Plan or Proposal
This Chapter shall present a well -conceived service plan. Include a full description of major tasks and subtasks. This section of the proposal shall establish that the Proposer understands the City’s objectives and work requirements and Proposer’s ability to satisfy those objectives and requirements. Succinctly describe the proposed approach for addressing the required services and the firm’s ability to meet the City’s schedule, outlining the approach that would be undertaken in providing the requested services.
5.5 Chapter 5 – Proposed Innovations
The Proposer may also suggest technical or procedural innovations that have been used successfully on other engagements and which may provide t he City with better service delivery. In this Chapter discuss any ideas, innovative approaches, or specific new concepts included in th e Proposal that would provide benefit to the City.
5.6 Chapter 6 – Project Staffing
This Chapter shall discuss how the Proposer would propose to staff this project. Key project team members shall be identified by name, title and specific responsibilities on the project. An organizational chart for the pr oject team and resumes for key Proposer personnel shall be included. K ey personnel will be an important factor considered by the review committee.
Changes in key personnel may be cause for rejection of the proposal.
5.7 Chapter 7 – Proposal Exceptions
This Chapter shall discuss any exceptions or requested changes that Proposer has to the City’s RFP conditions, requirements and sample contract. If there are no exceptions noted, it is assumed the Proposer will accept all conditions and requirements identified i n the Attachment C – “Sample Agreement for Services.” Items not exce pted will not be open to later negotiation.
5.8 Chapter 8 – Proposal Costs and Rates
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The fee information is relevant to a determination of whether the fee is fair and reasonable in light of the services to be provided. Provision of this information assists the City in determining the firm’s understanding of the project, and provides staff with tools to evaluate (and, if applicable, negotiate) the cost.
This Chapter shall include the pr oposed costs to provide the services desired. The proposal shall also detail any other relevant cost and pric e information (such as any change to the fees based on any options a proposer is able to offer) , plus a proposed not -to-exceed amount that would b e contained in a potential agreement with the City. The hourly rates or a schedule of rates may be used for pricing the cost of additional services outlined in the Scope of Services.
Supplementary to Chapter 8 is the Required Attachment E Cost Proposal Format which must b e upload electronically under separate cover in PlanetBids.
PLEASE NOTE: The City of Palo Alto does not pay for services before it receives them. Therefore, do not propose contract terms that call for upfront payments or deposits.
5.9 Chapter 9 – Evidence of Financial Stability ( Required Evidence of Financial Stability must be upload electronically under separate cover in PlanetBids) Proposers are required to establish to th e C ity’s satisfaction that they are financially stable and can complete the obligations of a contract resulting from this solicitation. To meet this requirement, Proposers shall submit one of the following items that must be prepared by an independent third party:
• The most recent audited financial statement,
• Reviewed financial statements for the last two years, • A letter of good standing from a credible financial institution or a Certified Public Accountant that contains sufficient information for proposal evaluators to reasonably conduct an objective assessment of the Proposer’s financial viability and/or the Proposer’s risk of default, OR
• A Dun & Bradstreet Business Information Report or Comprehensive Report prepared or updated within the last 12 months.
NOTE: The City recognizes the confidential nature of certain financ ial disclosures and will treat the information as such in accordance with applicable law, referenced in Section 9 of this RFP (Public Nature of Materials).
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6. CONTRACT TYPE AND METHOD OF PAYMENT
It is anticipated that the agreement resulting from this soli citation, if awarded, will b e a fixed fee form of contract. A Sample Agreement of Services is provided as Attachment C. The method of paymen t to th e su ccessful Proposer shall be on a fixed fee basis with a maximum “not to exceed” fee as set by the Proposer i n the proposal or as negotiated between the Proposer and the City as being the maximum cost to perform all work. This figure sh all include direct costs and overhead, such as, but limited to, transportation, communications, subsistence and materials and any subcontracted items of work. Progress payments will be based on a percentage of project completed.
Proposers shall be prepar ed to accept the terms and conditions of the Agreement, including Insurance Requirements in Attachment F . If a Proposer desi res to take exception to the Agreement, Proposer shall provide the following information in Chapter 7 of their submittal package. Please include the following:
• Proposer shall clearly identify each proposed change to the Agreement, including all relevant Attachments.
• Proposer shall furnish the reasons for, as well as specific recommendations, for alternative language.
The above factors will be taken into account in evaluating proposals. Proposals that take substantial exceptions to the proposed Agreem ent may be determined by the City, at its sole discretion, to be unacceptable and no longer considered for award.
Insurance Requirements
The selected Proposer(s), at Proposer’s sole cost and expense and for the full term of the Agreement or any extension thereof, shall obtain and maintain, at a minimum, all of the insurance requirements outlined in Attachment F.
All policies, endor sements, c ertificates and/or binders shall be subject to the approval of the Risk Manager of the City of Palo Alto as to form and content. These requirements are subject to amendment or waiver if so approved in writi ng by the Risk Manager. The selected Proposer agrees to provide the City with a copy of said policies, certificates and/or endorsement upon award of contract.
7. EVALUATION CRITERIA AND SELECTION PROCESS
City staff will evaluate the proposals provided based on the following criteria , at a minimum:
7.1 Quality and completeness of proposal;
7.2 Quality, performance and effectiveness of the solution, goods and/or services to be provided by the Proposer;
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7.3 Proposers experience, including the experience of staff to be a ssigned to the project, the engagements of similar scope and complexity;
7.4 Cost to the city;
7.5 Proposer’s financial condition and stability;
7.6 Proposer’s ability to perform the work within the time specified;
7.7 Proposer’s prior record of performance with C ity or o ther local, county or state agency, if applicable
7.8 Proposer’s ability to provide future maintenance, repairs parts and/or services; and, if applicable
7.9 Proposer’s com pliance with applicable laws, regulations, policies (including City Council policies), gui delines and orders governing prior or existing contracts performed by the contractor.
The selection committee will make a recommendation to the awarding authority , if a recommendation for an award is m ade. The acceptance of the proposal will be evidenced by written Notice of Award from the City’s Purchasing/Contract Administration Division to the successful Proposer.
8. ORAL INTERVIEWS
Proposers may be required to par ticipate in an oral interview. The oral interview will be a panel comprised of members of the selection committee.
Proposers may only ask questions that are intended to clarify the questions that they are being asked to respond.
Each Proposer’s time s lot for oral interviews will be determin ed randomly.
Proposers who are selected shall make every effort to attend. If representatives of the City experience difficulty on the part of any Proposer in scheduling a time for the oral interview, it may result in disqualification from further consideration.
9. PUBLIC NATURE OF MATERIALS
Responses to this RFP become the exclusive property of the City of Palo Alto. At such time as the Administrative Services Department recommends to f orm to the City Manager or to the City Council, as applicable, al l pr oposals recei ved in response to this RFP becomes a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Proposer as business or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary”. The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as “Confidential,” “ Trade Secret,” or “Proprietary” or if disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal “Confidential,” “Trade Secret,” or “Proprietary” shall be regarded as non-responsive.
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Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City of Palo Alto may not accept or approve that the information that a Proposer submits is a trade secret. If a request i s ma de for inform ation marked “Confidential,” “Trade Secret,” or “Proprietary,” the City shall provide the Proposer who submitted the information with reasonable notice to allow the Proposer to seek protection from disclosure by a court of competent jurisdiction.
10. COLLUSION
By submitting a proposal, each Proposer represents and warrants that its proposal is genuine and not a sham or collusive or made in the interest of or on behalf of any person not named therein; that the Proposer has not directly induced or solicited any other person to submit a sham proposal or any other person to refrain from submitting a proposal; and that the Proposer has not in any manner sought collusion to secure any improper advantage over any other person submitting a proposal.
11. DISQUALIFICATION
Factors such as, but not limited to, any of the following may be considered just cause to disqualify a proposal without further consideration:
11.1 Evidence of collusion, directly or indirectly, among Propo sers in regard to the amount, terms or conditions of this proposal;
11.2 Any attempt to improperly influence any member of the evaluation team;
11.3 Existence of any lawsuit, unresolved contractual claim or dispute between Proposer and the City;
11.4 Evidence of incorrect information submitted as part of the proposal;
11.5 Evidence of Proposer’s inability to successfully complete the responsibilities and obligation of the proposal; and
11.6 Proposer’s default under any previous agreement with the City, which results in termination of the Agreement.
12. NON-CONFORMING PROPOSAL
A prop osal shall be prepared and submitted in accordance with the provisions of these RFP instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from or to a proposal may be sufficient grounds for non- acceptance of the proposal, at the sole discretion of the City.
13. GRATUITIES
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No person shall offer, give or agree to give any City employee any gratuity, discount or offer of employment in connection with the award of con tract by the city. No city employee shall solicit, demand, accept or agree to accept from any other person a gratuity, discount or offer of employment in connection with a city contract.
14. FIRMS OR PERSONS NOT ELIGIBLE TO SUBMIT A PROPOSAL
In order to avo id any conflict of interest or per ception of a conf lict or interest, Proposer(s) selected to provide professional services under this RFP will be subject to the following requirements:
14.1 The Proposer(s) who works on the procurement will be precluded from submitting proposals or bids as a pr ime contractor or subcontractor in t he ultimate procurement.
14.2 The Proposer(s) may not have interest in any potential Proposer for the ultimate procurement.
14.3 The Proposer may not have a conflict of interest as defined unde r Palo Alto Municipal Code section 2 .30.600 or 2.30.610, or as defined under state law including the Political Reform Act or Government Code section 1090 et seq.
~ End of Section ~
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Attachment: City of Palo Alto RFP (Contract Crossing Guard Services to All City Management Services (ACMS))
City of Palo Alto 1
Attachment A
Proposer’s Information Form
PROPOSER (please type/ print):
Name: __________________________________________________________ Address: __________________________________________________________ Telephone: _______________________ Email: ______________________________ Contact Person: _______________________________________Title: _______________ eMail (Re quir e d ): ________________________________________________________ Telephone (Re quir e d ): ________________________________ Proposer, if selected, intends to carry on the business as (check one):
Individual Joint Venture
Partnership Corporation
When incorporated? ______________
In what state? _______________
When authorized to do business in California? _______
Other (explain):____________________________________________________
ADDENDA
To assure that all Proposers have received each addendum, check the appropriate box(s) below. Failure to acknowledge receipt of an addendum/addenda may be considered an irregularity in the Proposal:
Addendum number(s) received: 1; 2; 3; 4; 5; 6;
Or, _____ _____No Addendum/Addenda Were Received (check and initial).
PROPOSER’S SIGNATURE
No proposal shall be accepted which has not been signed in ink in the appropriate space below:
By signing below, the submission of a proposal shall be deemed a repr esentation and certification by the Proposer that they have investigated all aspects of the RFP, that they are aware of the applicable facts pertaining to the RFP process, its procedures and requirements, and they have read and understand the RFP. No requ est for modification of the proposal shall be considered after its submission on the grounds that the Proposer was not fully informed as to any fact or condition.
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City of Palo Alto 2
Attachment A – Proposer Information continued…
1. If Proposer is INDIVIDUAL, sign here
Date: ________________________ __________________________________________ Signature Name and Title (type or print)
2. If Proposer is PARTNERSHIP or JOINT VENTURE; at least two (2) Partners shall sign here:
________________________________________________
Partnership or Joint Venture Name (type or print)
Date:______________ _____________________________________ Member of the Partnership or Joint Venture signature
Date:______________ _____________________________________ Member of the Partnership or Joint Venture signature
3. If Proposer is a CORPORATION or LLC, the duly authorized officer(s) shall sign as follows:
The undersigned certify that he/she is respectively:
_____________________ ________________________ _____________________ Officer Signature Name Title
Corp./LLC Contract Signature Method: Authorization to sign contracts and other documents on behalf of the corporation must be indicated by selecting one of the following methods:
Method 1 (Two Specified Officers). Authorization may be shown by two officers, one from each of the following groups, signing the instrument. (Corp. Code §§313; 5214.) Group A Group B
(i) Chairman of the Board
(ii) President
(iii) Any Vice-President
Email:_______________________________
(i) Secretary or Assistant Secretary
(ii) Chief Financial Officer
(iii) Any Assistant Treasurer
Email:________________________________
Method 2 (Certified Board Authorization). Authorization may be shown by providing the City a copy of the corporation’ s bylaws, board of directors meeting minutes, or any resolution of corporation’s board authorizing the person signing the instrument to execute instruments of the type in question, and certified by the Secretary or Asst. Secretary of the corporation to be a true copy. (Corp. Code §§314; 5215.) Method 3 (Notarized Officer Signature). Authorization may be shown by the signature of either the corporation’s president, vice president, secretary, or assistant secretary accompanied by a notary acknowledgment in the form prescribed by Civil Code §1189. (Civil Code §1190.)
Of the corporation named below; that they are designated to sign the Proposal Cost Form by resolution (attach a certified copy, with corporate seal, if applicable, notarized as to its authentici ty or Secretary’s certificate of authorization) for and on behalf of the below named CORPORATION, and that they are authorized to execute same for and on behalf of said CORPORATION.
______________________________________
Corporation Name (type or print)
By:______________________________________ Date: _________________
Title:__________________________________________
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Attachment: City of Palo Alto RFP (Contract Crossing Guard Services to All City Management Services (ACMS))
ATTACHMENT B
SCOPE OF SERVICES
RFP187853 - CROSSING GUARD COMPANY
1. CONTRACTOR Shall Provide or Perform the following:
a. Provide crossing guard services at each location listed on “Crossing Guard Locations” on the days and during specific hours designated by the City b. Coordinate any location and schedule changes directly with the City c. Provide payroll and workers’ compensation coverage for all guards d. Provide training to all new hires
e. Maintain a sufficient number of alternate guards and guarantee crossing coverage for absent or sick guards
f. Supply all necessary equipment including signs, traffic vests, whistles and raincoats g. Submit invoices to the City of Palo Alto on a monthly basis for the number of hours worked by crossing guards during the previous month
h. Maintain quarterly contact with the Police Department representative for quality assurance of the program
2. Crossing Guard Locations, Days and Hours:
a. CONTRACTOR shall be responsible for providing crossing guard services during the normal school year session and the summer school session. The normal schoolyear session is composed of 180 school days per year. The summer school session is composed of 19 school days per year. The exact dates that schools are in session are published and coordinated by the Palo Alto Unified School District. The most accurate calendar for verifying in-session days is on the School District’s website. b. CONTRACTOR will provide crossing guard services on all days that school is in session, at the designated locations, during the designated hours. Currently, there are 30 (+/-1) intersections that require a crossing guard during the normal school year. The City will typically require crossing guards at 12 intersections during the Summer school session.
The School District changes the summer school locations from year to year which will require the City to change the summer school crossing guard locations. The City of Palo Alto will notify the CONTRACTOR in advance for summer school locations and times.
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Attachment: City of Palo Alto RFP (Contract Crossing Guard Services to All City Management Services (ACMS)) c . The City reserves the right to add, delete or revise the crossing guard locations and times, provided that CONTRACTOR is given 30 days written notification of any proposed changes.
3. CONTRACTOR Shall Maintain the Following Minimum Standards for Crossing Guards:
a. Must have a minimum of an eighth-grade education
b. Be able to read, write and speak English
c. Be a minimum of 18 years old
d. Not have any felony convictions, misdemeanor convictions involving crimes against children, or convictions involving any violent crime
e. Not be a registered sex offender or narcotics offender f. Demonstrate the following abilities and characteristics; g. Minimum of average intelligence
h. Good physical condition, including sight and hearing i. Mental alertness
j. Neat appearance
k. Good character
l. Dependability
m. Sense of responsibility for the safety of children
n. Good verbal communication skills
o. Familiarity with traffic rules and regulations
4. Appearance & Behavior
a. Crossing Guards will not hold anything in their hands while working, except for their issued stop sign. An example of this would be the Crossing Guard’s cellphone. b. Crossing guards will use appropriate language and refrain from using profanity. c. Crossing Guards must at all times display visible picture identification showing they are an employee of the CONTRACTOR
d. Crossing Guards shall wear acceptable attire at all times which may be periodically subject to review by the City
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Attachment: City of Palo Alto RFP (Contract Crossing Guard Services to All City Management Services (ACMS)) e. Crossing Guards shall wear their traffic vests at all times while performing crossing duties
5. CONTRACTOR’s Supervisors Shall Perform the Following Duties:
a. A local area supervisor shall be available at all times to see that guard activities are taking place at required locations and times.
b. The supervisor shall assign schedules, monitor and supervise crossing guards when necessary and have a vehicle to travel to work sites.
c. The supervisor shall visit each school site once a month. d. The supervisor must be available to the City returning phone calls as soon as possible but in all cases within 30 minutes.
e. The supervisor must be available to respond to problems and/ or complaints. f. In addition to the minimum standards set forth above, the supervisor must have a minimum of a high school education and a valid California driver’s g. As requested, the area supervisor will provide pedestrian and bike counts for intersections.
6. Absent Crossing Guards
a. CONTRACTOR will maintain standard procedures that require crossing guards to notify the area supervisor if they will be tardy or absent for their shift. b. When crossing guards are absent, it is the responsibility of CONTRACTOR and the area supervisor to staff the location with alternate personnel. c. The area supervisor shall immediately notify the Traffic Supervisor if there will be any delay or absence in providing intersection coverage.
7. Training and Orientation
a. Training and orientation shall be provided prior to deploying any crossing guards. b.
All training and orientation procedures shall be subject to the approval of the City of Palo Alto.
8. Crossing Guard Locations
El Camino /
W.Charleston
1 A.M. 07:30 -
08:30
07:30 - 08:30 07:30 -
08:30
07:30 - 08:30 07:30 -
08:30
60 P.M 02:25 -
03:40
02:25 - 03:40 01:30 -
02:20
02:25 - 03:40 02:25 -
03:40
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Attachment: City of Palo Alto RFP (Contract Crossing Guard Services to All City Management Services (ACMS)) El Camino / Maybell Ave 2 A.M. 07:30 -
08:30
07:30 - 08:30 07:30 -
08:30
07:30 - 08:30 07:30 -
08:30
60 P.M 02:25 -
03:40
02:25 - 03:40 01:30 -
02:15
02:25 - 03:40 02:25 -
03:40
50 El Camino /
Margarita Ave
3 A.M. 07:30 -
08:30
07:30 - 08:30 07:30 -
08:30
07:30 - 08:30 07:30 -
08:30
60 P.M 02:30 -
03:45
02:30 - 03:45 01:40 -
02:30
02:30 - 03:45 02:30 -
03:45
45 El Camino/Los
Robles Ave
4 A.M. 07:30 -
08:30
07:30 - 08:30 07:30 -
08:30
07:30 - 08:30 07:30 -
08:30
60 P.M 02:30 -
03:45
02:30 - 03:45 01:20 -
02:25
02:30 - 03:45 02:30 -
03:45
45 El Camino / Stanford Ave 5 A.M. 07:30 -
08:20
07:30 - 08:20 07:30 -
08:20
07:30 - 08:20 07:30 -
08:20
50 P.M 02:20 -
03:30
02:20 - 03:30 01:20 -
02:10
02:20 - 03:30 02:20 -
03:30
50 El Camino / Los Altos
Ave
6 A.M. 07:40 -
08:40
07:40 - 08:40 07:40 -
08:40
07:40 - 08:40 07:40 -
08:40
60 P.M 02:30 -
03:30
02:30 - 03:30 02:30 -
03:30
02:30 - 03:30 02:30 -
03:30
60 Arastradero/ Donald Dr 7 A.M. 07:30 -
08:30
07:30 - 08:30 07:30 -
08:30
07:30 - 08:30 07:30 -
08:30
60 P.M 02:20 -
03:40
02:20 - 03:40 01:30 -
02:20
02:20 - 03:40 02:20 -
03:40
80 Arastradero/
Coulombe Dr
8 A.M. 07:30 -
08:20
07:30 - 08:20 07:30 -
08:20
07:30 - 08:20 07:30 -
08:20
50 P.M 02:20 -
03:40
02:20 - 03:40 01:30 -
02:20
02:20 - 03:40 02:20 -
03:40
60 Coulombe / Maybell Ave 9 A.M. 07:30 -
08:30
07:30 - 08:30 07:30 -
08:30
07:30 - 08:30 07:30 -
08:30
60 P.M 02:20 -
03:25
02:20 - 03:25 01:25 -
02:15
02:20 - 03:25 02:20 -
03:25
55 Charleston / Alma St 10 A.M. 07:30 -
08:15
07:30 - 08:15 07:30 -
08:15
07:30 - 08:15 07:30 -
08:15
45 P.M 02:35 -
03:50
02:35 - 03:50 01:30 -
02:20
02:35 - 03:50 02:35 -
03:50
60 Alma / Meadow Dr 11 A.M. 07:30 -
08:30
07:30 - 08:30 07:30 -
08:30
07:30 - 08:30 07:30 -
08:30
60 P.M 02:30 -
03:30
02:30 - 03:30 01:40 -
02:20
02:30 - 03:30 02:30 -
03:30
60 E. Meadow / Waverley
St
12 A.M. 07:30 -
08:30
07:30 - 08:30 07:30 -
08:30
07:30 - 08:30 07:30 -
08:30
60 P.M 02:00 -
03:30
02:00 - 03:30 01:30 -
02:20
02:00 - 03:30 02:00 -
03:30
90 E. Charleston / Nelson
Dr
13 A.M. 07:30 -
08:30
07:30 - 08:30 07:30 -
08:30
07:30 - 08:30 07:30 -
08:30
60 P.M 02:00 -
03:30
02:00 - 03:30 01:30 -
02:30
02:00 - 03:30 02:00 -
03:30
60 E.Charleston / Carlson
Ct
14 A.M. 07:30 -
08:30
07:30 - 08:30 07:30 -
08:30
07:30 - 08:30 07:30 -
08:30
60 P.M 02:00 -
03:30
02:00 - 03:30 01:30 -
02:30
02:00 - 03:30 02:00 -
03:30
55 E. Meadow / Middlefield 15 A.M. 07:30 - 07:30 - 08:30 07:30 - 07:30 - 08:30 07:30 - 60
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Attachment: City of Palo Alto RFP (Contract Crossing Guard Services to All City Management Services (ACMS))
ATTACHMENT C
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Professional Services
Rev. Dec.15, 2020
(USE FOR PROFESSIONAL SERVICES – DESIGN and NON- DESIGN)
CITY OF PALO ALTO CONTRACT NO.
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND
This Agreement for Professional Services (this “Agreement”) is entered into as of the day of , (the “Effective Date”), by and between the CITY OF PALO ALTO, a Califo r n ia chartered munic ip a l corporation (“CITY”), and , a , located at (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:
RECITALS
A. CITY intends to (the “Project”) and desires to engage a consultant to in connection with the Project (the “Services”, as detailed more fully in Exhibit A).
B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY, in reliance on these representations, desires to engage CONSULTANT to provide the Services as more fully described in Exhib it A, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.
Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.)
CITY may elect to, but is not required to, authorize on-call Services up to the maximu m compensatio n amount set forth in Section 4 (Not to Exceed Compensatio n).
CONSULTANT shall provide on -call Services only by advanced, written authoriza tio n from CITY as detailed in this Section. On-call Services, if any, shall be authorized by
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Attachment: City of Palo Alto RFP (Contract Crossing Guard Services to All City Management Services (ACMS))
ATTACHMENT C
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Professional Services
Rev. Dec.15, 2020
CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantia lly the same form as Exhibit A -1 entitled “PROFESSIONAL SERVICES TASK ORDER”.
Each Task Ord er shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement.
Compensation for on-call Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensatio n structure set forth in Exhib it C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authoriza t io n by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation due to CONSULTANT for all Task Or ders issued under this Agreement shall not exceed the amount of compensation set forth in Section 4. CONSULTANT shall only be compensated for on -call Services performed under an authorized Task Order and only up to the maximum compensation amount set forth in Section 4. Performance of and payment for any on-call Services are subject to all requirements and restrictions in this Agreement.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through unless terminated earlier pursuant to Section 19 (Termina t io n) of this Agreement.
OR
The term of this Agreement shall be from the date of its full executio n through completio n of the Services in accordance with Exhibit B , entitled “SCHEDULE OF PERFORMANCE”, unless terminated earlier pursuant to Section 19 (Termina t io n) of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE OF PERFORMANCE”. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT.
CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION . The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” includ ing any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Dollars ($ ).
The hourly schedule of rates, if applicable, is set out in Exhib it C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.
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Attachment: City of Palo Alto RFP (Contract Crossing Guard Services to All City Management Services (ACMS))
ATTACHMENT C
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Professional Services
Rev. Dec.15, 2020
Optional Additiona l Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.)
In addition to the not-to-exceed compensation specified above, CITY has set aside the not- to-exceed compensatio n amount of Dollars ($ ) for the performance of Additiona l Services (as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Dollars ($ ), as detailed in Exhib it C.
“Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A . CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced , written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhib it A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensatio n for Additiona l Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensatio n structure set forth in Exhib it C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authoriza tio n by CITY (defined as counter-signature by the CITY Project Manager), the fully exec uted Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4 .
CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensatio n set forth for Additiona l Services in this Section 4 . Performance of and payment for any Additiona l Services are subject to all requirements and restrictions in this Agreement.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the Services performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completio n of each task. The informa t io n in CONSULTANT’s invoices shall be subject to verificatio n by CITY. CONSULTANT shall send all invoice s to CITY’s Project Manager at the address specified in Section 1 3 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed
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Attachment: City of Palo Alto RFP (Contract Crossing Guard Services to All City Management Services (ACMS))
ATTACHMENT C
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Professional Services
Rev. Dec.15, 2020
by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it , its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this Agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work througho ut California under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself infor med of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement, as amended from time to time . CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, includ ing, but not limited to, increases in the cost of Services , arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissio ns, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated constructio n budget by ten percent (10%) or more , CONSULTANT shall make recommendations to CITY for aligning the P roject design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the Services requested by CITY under this Agreement.
CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer it s employees. CONSULTANT wi ll be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemplo yment compensation, insurance, and other similar responsibilities re lated to CONSULTANT’s performance of the Services, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT’s
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Attachment: City of Palo Alto RFP (Contract Crossing Guard Services to All City Management Services (ACMS))
ATTACHMENT C
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Professional Services
Rev. Dec.15, 2020
provision of the Services only, and not as to the means by which such a result is obtained.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligatio ns hereunder without the prior written approval of the City Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditio ns and provisio ns of this Agreement will apply to, and will bind, the heirs, succes sors, executors, administrators and assignees of the parties.
SECTION 12. SUBCONTRACTING.
Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorizatio n of the Cit y Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors.
Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignme nt) above, CITY agrees that subcontractors may be used to complete the Services. The subcon tractors authorized by CITY to perform work on this Project are:
CONSULTANT shall be responsible for directing the work of any subcon tractors and for any compensation due to subcon tractors. CITY assumes no respo nsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and omissions of subcontractors. CONSULTANT shall change or add subcon tractors only with the prior written approval of the City Manager or designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day -to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT’s Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute Project Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s P roject Manager. CONSULTANT, at CITY’s request, shall prom ptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completio n of the Services or a threat to the safety of persons or property.
CITY’s Project Manager is , Department, Divis io n, Palo Alto, CA , zipcode: , Telephone: . CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time.
SECTION 1 4. OWNERSHIP OF MATERIALS . All work product, including without
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Attachment: City of Palo Alto RFP (Contract Crossing Guard Services to All City Management Services (ACMS))
ATTACHMENT C
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Professional Services
Rev. Dec.15, 2020
limita t io n, all writings, drawings, studies, sketches, photographs, plans, reports, specificatio ns, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitatio n upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellec tua l property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product availab le to any individ ual or organizatio n without the prior wri tten approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services.
SECTION 15. AUDITS . CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT ’s records pertaining to matters covered by this Agreement, includ ing without limitation records demonstrating compliance with the requireme nt s of Section 10 (Independent Contractor). CONSULTANT further agrees to mainta in and retain accurate books and records in accordance with generally accepted accounting princip les for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later.
SECTION 16. INDEMNITY.
[Option A applies to the following design professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; registered professional engineers and licensed professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all third party demands, claims, or liabil i t y of any nature, includ ing death or injury to any person, property damage or any other loss, includ in g all costs and expenses of whatever nature including attorney ’s fees, experts fees, court costs and disburseme nt s (“Claims ”) to the extent that such Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnif ied Party. CITY will reimburse CONSULTANT for the proportionate percentage of defense costs exceeding CONSULTANT’s proportionate percentage of fault as determined by the final judgment of a court of competent jurisdiction.
[Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, offic e r s , employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, includ ing death or injury to any person, property damage or any other loss, includ ing all costs and expenses of whatever nature including attorney ’s fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, ag ents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
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Attachment: City of Palo Alto RFP (Contract Crossing Guard Services to All City Management Services (ACMS))
ATTACHMENT C
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Professional Services
Rev. Dec.15, 2020
16.2. Notwithstand ing the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful miscond uct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement.
16.3. The acceptance of CONSULTANT’s Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall sur vive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 2 9.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhib it D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A -:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days ’ prior written notice of the cancellatio n or modifica t io n. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certific ates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT ’s liabilit y hereunder nor to fulfil l the indemnif ica t io n
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Attachment: City of Palo Alto RFP (Contract Crossing Guard Services to All City Management Services (ACMS))
ATTACHMENT C
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Professional Services
Rev. Dec.15, 2020
provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, includ ing such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in who le or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its mate r ia l obligat io ns under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of terminat io n. Upon receipt of any notice of suspension or termina t io n, CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspensio n or terminat io n.
19.2. In event of suspension or terminatio n, CONSULTANT will deliver to the City Manager on or before the effective date in the notice of suspension or terminatio n, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
19.3. In event of suspension or termina t io n, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Servi ces up to the effective date in the notice of suspension or terminatio n; pr ovided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s Servi ces provided in materia l conformit y with this Agreement as such determinatio n is made by the City Manager acting in the reasonable exercise of his/her discretion . The following Sections will survive any expiratio n or terminatio n of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30.
19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers).
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
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Attachment: City of Palo Alto RFP (Contract Crossing Guard Services to All City Management Services (ACMS))
ATTACHMENT C
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Professional Services
Rev. Dec.15, 2020
To CONSULTANT: Attention of the Project Manager at the address of CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT furt her covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest.
CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time . CONSULTANT agrees to notify CITY if any conflic t arises.
21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulat io ns of the Fair Politica l Practices Commiss io n, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Politica l Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.
22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identit y, age, religio n, disabilit y, national origin, ancestry, sexual orientatio n, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section
2.30.510 of the Palo Alto Municipal Code relating to Nondiscriminatio n Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscriminatio n in employment.
22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulatio ns, as amended from time to time. CONSULTANT will not discriminate against persons with disabilit ies in the provision of services, benefits or activities provided under this Agreement.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND Z ERO
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ATTACHMENT C
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Professional Services
Rev. Dec.15, 2020
WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmenta l ly Preferred Purchasing policies which are available at CITY’s Purchasing Department, hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply wit h waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include, first, minimizing and reducing waste; second, reusing waste ; and, third, recycling or composting waste. In particular, C ONSULTANT shall comply with the following Zero Waste requirements:
(a) All printed materials provided by CONSULTANT to C ITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. (b) Goods purchased by C ONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Enviro nmental Purchasing Policy includ ing but not limited to Extend ed Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentat io n fr o m the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE .
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particula r, for any emplo ye e otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060.
SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code , as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provisio n of this Agreement.
SECTION 2 6. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS.
26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the contract:
(1) is not a public works contract;
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ATTACHMENT C
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Professional Services
Rev. Dec.15, 2020
(2) is for a public works constructio n project of $25,000 or less, per Califo r n ia Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j).
OR
26.1. This Project is subject to prevailing wages and related requirements as a “public works” under California Labor Code Sections 1720 et seq. and r elated regulations.
CONSULTANT is required to pay general prevailing wages as defined in California Labor Code Section 1773.1 and Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time. Pursuant to Labor Code Section 1773, the CITY has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the State of California Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the CITY’s Purchasing Department office. The general prevailing wage rates are also available at the DIR, Division of Labor Statistics and Research, web site (see e.g. http://www.dir.ca.gov/DLSR/PWD/index.htm) as amended from time to time. CONSULTANT shall post a copy of the general prevailing wage rates at all Project job sites and shall pay the adopted prevailing wage rates as a minimum. CONSULTANT shall comply with all applicable provisio ns of Division 2, Part 7, Chapter 1 of the California Labor Code (Labor Code Section 1720 et seq.), including but not limited to Sections 1725.5, 1771, 1771.1, 1771.4, 1773.2, 1774, 1775, 1776, 1777.5, 1782, 1810, 1813 and 1815, and all applica b le imple me nt i ng regulat io ns, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq. (8 CCR Section 16000 et seq.) , as amended from time to time. CONSULTANT shall comply with the requireme nts of Exhib it E , entitled “ DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS”, for any contract for public works construction, alteration, demolition, repai r or maintenance , includ ing but not limited to the obligat io ns to register with, and furnish certified payroll records directly to, DIR.
SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 27, a “9204 Public Works Project” means the erection, constructio n, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects , certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
This Project is a 9204 Public Works Project and is required to comply with the claims procedures set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
OR
This Project is not a 9204 Public Works Project.
SECTION 28. CONFIDENTIAL INFORMATION.
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ATTACHMENT C
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Professional Services
Rev. Dec.15, 2020
28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Informatio n in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose.
CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Informatio n.
Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligatio ns of this Agreement.
28.2. “Confide nt ia l Informat io n” means all data, informat io n (includ i ng wit ho ut limitation “Personal Information” about a California resident as defined in Civil Code Section 1798 et seq., as amended from time to time) and materia ls, in any form or media, tangib le or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Informatio n excludes informatio n that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligatio n of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentia lit y obligat io n; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Informatio n, CONSULTANT will provide infor mat io n to CITY suffic ie nt to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confident ia l Informat io n. All Confident ia l Informat io n is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confident ia l Informatio n on CONSULTANT.
28.6. If selected in Section 30 (Exhib it s), this Agreement is also subject to the terms and conditions of the Informatio n Privacy Policy and Cybersecurity Terms and Conditio ns.
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ATTACHMENT C
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Professional Services
Rev. Dec.15, 2020
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its conflic t of law provisio ns.
29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.
29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties.
29.4. This Agreement, includ i ng all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time.
29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceab le, the unaffected provisio ns of this Agreement will remain in full force and effect.
29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibit s shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisio ns of any unchecked boxes shall not apply to this Agreement.
29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement.
29.9. This Agreement may be signed in multip le counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement.
SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein:
EXHIBIT A: SCOPE OF SERVICES
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ATTACHMENT C
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Professional Services
Rev. Dec.15, 2020
EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS
EXHIBIT E: DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
EXHIBIT F: CLAIMS FOR PUBLIC CONTRACT CODE SECTION 9204
PUBLIC WORKS PROJECTS
EXHIBIT G: INFORMATION PRIVACY POLICY
EXHIBIT H: CYBERSECURITY TERMS AND CONDITIONS
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.
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ATTACHMENT C
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Professional Services
Rev. Dec.15, 2020
CONTRACT No. SXXXXXX SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager (Required on contracts over
$85,000)
Purchasing Manager (Required on contracts
over $50,000)
Contracts Administrator (Required on
contracts under $50,000)
APPROVED AS TO FORM:
__________________________
City Attorney or designee
(Required on Contracts over $25,000)
CONSULTANT
Officer 1
By:
Name:
Title :
Officer 2 (Required for Corp. or LLC)
By:
Name:
Title :
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ATTACHMENT C
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Professional Services
Rev. Dec.15, 2020
EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall provide the Services detailed in this Exhib it A, entitled “SCOPE OF SERVICES”.
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ATTACHMENT C
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Professional Services
Rev. Dec.15, 2020
(Optional – ONLY for On Call Agreements
OR Agreements with an Additional Services amount)
EXHIBIT A-1
PROFESSIONAL SERVICES TASK ORDER
CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.
CONTRACT NO.
OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)
1A. MA STER A GREEM ENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE):
1B. TASK ORDER NO.:
2. CONSULTANT NA ME:
3. PERIOD OF PERFORMANCE: START: COMPLETIO N :
4 TOTAL TASK ORDER PRIC E: $ __________________
BA LA NCE REMA ININ G IN MA STER A GREEMENT/ CONT RA CT $_______________
5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________
6. CITY PROJECT MANAGER’S NAME & DEPA RTMENT:_____________________________________
7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
SERVICES AND DELIVERABLES TO BE PROVID ED
SCHEDULE OF PERFORMANCE
MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE ( as applicable ) REIMBURSA BLE EXPENS ES, if any (with “not to ex ceed” am ount)
8. ATTACHMENTS: A: Task Order Scope of Services B (if any): __________________________ ___
I hereby authorize the performance of the
w ork described in this Task Order.
APPROVED:
CITY OF PA LO A LTO
BY :____________________________________
Nam e __________________________________
Title_________________________________ __
Date ___________________________________
I hereby acknow ledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.
APPROVED:
COMPANY NAME: ___________________ ___
BY :____________________________________
Nam e __________________________________
Title_________________________________ __
Date ___________________________________
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ATTACHMENT C
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Professional Services
Rev. Dec.15, 2020
EXHIBIT B
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed (“NTP”) from the CITY.
Milestones Completion
Num ber of Days/Weeks (as specified below)
from NTP
1. 2.
3. 4.
5. 6.
7. 8.
9. 10.
Optional Schedule of Performance Provision for On-Call or Additiona l Services Agreements. (This provision only applies if checked and only applies to on-call agreements per Section 1 or agreements with Additional Services per Section 4.)
The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement.
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ATTACHMENT C
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Professional Services
Rev. Dec.15, 2020
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ATTACHMENT C
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Professional Services
Rev. Dec.15, 2020
(Version 1 - use for task-based compensation)
EXHIBIT C
COMPENSATION
CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as Exhib it C-1 up to the not to exceed budget amount for each task set forth below.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below , provided that the total compensation for the Services, includ ing any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement.
CONSULTANT agrees to complete all Ser vices, any specified reimbursable expenses, and Additiona l Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1 $
( )
Task 2 $
( )
Task 3 $
( )
Task 4 $
( )
Task 5 $
( )
Sub-total for Services $
Reimbursable Expenses (if any) $
Total for Services and Reimbursable Expenses $
Additiona l Services (if any, per Section 4) $
Maximum Total Compensation $
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ATTACHMENT C
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Professional Services
Rev. Dec.15, 2020
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses , such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section , will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of: $0.00.
A. Travel outside the San Francisco Bay Area, including transportation and meals , if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses.
B. Long distance telephone service charges, cellular phone service charg es, facsimile transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost.
All requests for reimburse me nt of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentatio n and informa t io n.
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ATTACHMENT C
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Professional Services
Rev. Dec.15, 2020
(Version 2 – hourly rate - not task based)
EXHIBIT C
COMPENSATION
CITY agrees to compensate CONSULTANT for the Services performed in accordance with the terms and conditio ns of this Agreement, including Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4 of the Agreement), based on the hourly rate schedule attached as Exhibit C-1.
The compensation to be paid to CONSULTANT under this Agreement for all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), shall not exceed the amount(s) stated in Section 4 of this Agreement . CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additiona l Services (if any, per Section 4) , within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses , such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section , will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of: $0.00.
A. Travel outside the San Francisco Bay Area, including transportation and meals , if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses.
B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost.
All requests for reimburse me nt of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentatio n and informa t io n.
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ATTACHMENT C
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Professional Services
Rev. Dec.15, 2020
EXHIBIT C-1
SCHEDULE OF RATES
CONSULTANT’s schedule of rates is as follows:
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ATTACHMENT C
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Professional Services
Rev. Dec.15, 2020
EXHIBIT D
INSURANCE REQUIREMENTS
CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE
CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BES T’S KEY RATING OF A-:VII, O R HIGHER, LICENS ED O R AUTHORIZED TO TRANS ACT INS URANCE BUS INES S IN THE S TATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGAT E
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY STATUTORY STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPER TY
DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPER TY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $1,000,000
YES
T HE CIT Y O F PALO ALT O IS T O BE NAME D AS AN ADDIT IO NAL INSURE D: CONSULTANT, AT ITS S OLE COS T
AND EXPENSE, SHALL OB TAIN AND MAINTAIN, IN FULL FORCE AND EFFEC T THROUGHOUT THE ENTIR E TER M
OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS ’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDIT IO NAL INSURE DS CIT Y, IT S CO UNCIL ME MBE RS, OFFICE RS, AGE NT S, AND E MPLO YE E S.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY.
II. THE CONSULTANT M UST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING URL: HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL .CFM?COMPANYID=25569
III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS:
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE
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ATTACHMENT C
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Professional Services
Rev. Dec.15, 2020
ADDITIONAL INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSURE DS UNDE R
THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE
INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPL E
INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAY ME NT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
EVIDENCE OF INSURANCE AND O THER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO AT THE FO LLO WING URL:
HTTPS://WWW.PLANETBIDS .COM/PORTAL/PORT AL.CFM?COMPANYID=25569
OR
HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS /ASD/PLANET_BIDS_HOW_TO.ASP
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Attachment: City of Palo Alto RFP (Contract Crossing Guard Services to All City Management Services (ACMS))
ATTACHMENT C
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Professional Services
Rev. Dec.15, 2020
EXHIBIT E
DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
This Exhib it shall apply only to a contract for public works construction, alteration, demolitio n, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONSULTANT without proof that CONSULTANT and its listed subcontrac tors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. City requires CONSULTANT and its listed subcontractors, if any, to comply with all applicable requireme nts of the California Labor Code includ ing but not limited to Labor Code Sections 1720 through 1861, and all applicable related regulations, includ ing but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time. This Exhibit E applies in addition to the provisions of Section 26 (Prevailing Wages and DIR Registration for Public Works Contracts) of the Agreement.
CITY provides notice to CONSULTANT of the requirements of California L abor Code Section 1771.1(a), which reads:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”
This Project is subject to compliance monitoring and enforcement by DIR. All contractors mus t be registered with DIR per Labor Code Section 1725.5 in order to submit a bid. All subcontractors must also be registered with DIR. No contractor or subcontractor may be awarded a contract f or public work on a public works project unless registered with DIR. Additiona l informa t io n regarding public works and prevailing wage requirements is available on the DIR web site (see e.g. http://www.dir.ca.g ov) as amended from time to time.
CITY gives notice to CONSULTANT and its listed subcontractors that CONSULTANT is required to post all job site notices prescribed by law or regulation.
CONSULTANT shall furnish certified payroll records directly to the Labor Commissio ner (DIR) in accordance with Subchapter 3, Title 8 of the California Code of Regulations Section 16461 (8 CCR Section 16461).
CITY requires CONSULTANT and its listed subcontractors to comply with the requirements of Labor Code Section 1776, includ i ng but not limited to:
Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively,
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Attachment: City of Palo Alto RFP (Contract Crossing Guard Services to All City Management Services (ACMS))
ATTACHMENT C
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Professional Services
Rev. Dec.15, 2020
CONSULTANT and its listed subcontractors, in connection with the Project.
The payroll records shall be verified as true and correct and shall be certified and made available for inspectio n at all re asonable hours at the principal office of CONSULTANT and its listed subcontractors, respectively.
At the request of CITY, acting by its P roject Manager, CONSULTANT and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the CITY Project Manager within ten (10) days of receipt of CITY’s request.
CITY requests CONSULTANT and its listed subcontractors to submit the certified payroll records to CITY’s Project Manager at the end of each week during the Project.
If the certified payroll records are not pro vided as required within the 10 -day period, then CONSULTANT and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONSULTANT.
Inform CITY’s Project Manager of the location of CONSULTANT’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to CITY’s Project Manager within five (5) business days of any change of locatio n of those payroll records.
Eight (8) hours labor constitutes a legal day’s work. CONSULTANT shall forfeit as a penalty to CITY, $25.00 for each worker employed in the execution of the Agreement by CONSULTANT or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day or forty (40) hours in any one calend ar week in violat io n of the provisions of the Labor Code, and in particular, Sections 1810 through 1815 thereof, except that work performed by employees of CONSULTANT or any subcontracto r in excess of eight (8) hours per day, or forty (40) hours during any one week, shall be permit t e d upon compensation for all hours worked in excess of eight (8) hours per day, or forty (40) hours per week, at not less than one and one -half (1&1/2) times the basic rate of pay, as provided in Section 1815.
CONSULTANT shall secure the payment of workers’ compensation to its employees as provided in Labor Code Sections 1860 and 3700 (Labor Code 1861). CONSULTANT shall sign and file with the CITY a statutorily prescribed statement acknowledging its obligation to secure the payment of workers’ compensation to its employees before beginning work (Labor Code 1861).
CONSULTANT shall post job site notices per regulation (Labor Code 1771.4(a)(2)).
CONSULTANT shall comply with the statutory requirements regarding employment of apprentices includ ing without limitation Labor Code Section 1777.5. The statutory provisions will be enforced for penalties for failure to pay prevailing wages and for failure to comply with wage and hour laws.
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Attachment: City of Palo Alto RFP (Contract Crossing Guard Services to All City Management Services (ACMS)) City of Palo Alto
Attachment D
SAMPLE TABLE FORMAT
QUALIFICATIONS OF FIRM RELATIVE TO CITY’S NEEDS
Project Name
Client
Description of work
performed
Total Project Cost
Percentage of work
firm as responsible for
Period work was
completed
Client contact
information*
Did your firm meet the project schedule (Circle one) : Yes No
Give a brief statement of the firm’s adherence to the schedule and budget for the project:
Did your firm meet the project schedule (Circle one) : Yes No
Give a brief statement of the firm’s adherence to the schedule and budget for the project:
Did your firm meet the project schedule (Circle one) : Yes No
Give a brief statement of the firm’s adherence to the schedule and budget for the project:
Did your firm meet the project schedule (Circle one) : Yes No
Give a brief statement of the firm’s adherence to the schedule and budget for the project:
*Include name, title and phone number.
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Attachment: City of Palo Alto RFP (Contract Crossing Guard Services to All City Management Services
ATTACHMENT E
COST PROPOSAL FORMAT
Year Number
of CG
Number of
Days
Hours/Day Hourly Rate Total
2023-2024 31 180 4
2024
Summer
12 19 4
2024-2025 31 180 4
2025
Summer
12 19 4
2025-2026 31 180 4
2026
Summer
12 19 4
2026-2027 31 180 4
2027
Summer
12 19 4
2027-2028 31 180 4
2028
Summer
12 19 4
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Attachment: City of Palo Alto RFP (Contract Crossing Guard Services to All City Management Services (ACMS))
INSURANCE REQUIREMENTS
Rev. August 27, 2019
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT
OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRED
TYPE OF COVERAGE
REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES WORKER’S COMPENSATION
YES EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE
COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
PROFESSIONAL LIABILITY,
YES INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES
$1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND
EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY
RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S
LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS”
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
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Attachment: City of Palo Alto RFP (Contract Crossing Guard Services to All City Management Services (ACMS))
INSURANCE REQUIREMENTS
Rev. August 27, 2019
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY
SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER,
BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
Vendors are required to file their evidence of insurance and any other related notices with the City of Palo Alto at the following URL:
https://www.planetbids.com/portal/portal.cfm?CompanyID=25569 OR
http://www.cityofpaloalto.org/gov/depts/asd/planet_bids_how_to.asp
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Attachment: City of Palo Alto RFP (Contract Crossing Guard Services to All City Management Services (ACMS))
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Attachment: Moreland Cost Sharing (Contract Crossing Guard Services to All City Management Services (ACMS))
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Attachment: Moreland Cost Sharing (Contract Crossing Guard Services to All City Management Services (ACMS))
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Attachment: Moreland Cost Sharing (Contract Crossing Guard Services to All City Management Services (ACMS))
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Attachment: Moreland Cost Sharing (Contract Crossing Guard Services to All City Management Services (ACMS))
City
Council
Report
TITLE: Police Department Duty Pistol and Related Equipment Purchase (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution authorizing the purchase of new duty pistols and accessories from Adamson Police Products and dispensing with formal bidding requirements pursuant to Campbell Municipal Code Section 3.20.030.
BACKGROUND
The current duty pistols (Heckler and Koch HK45s) were purchase d by the City of Campbell for Campbell Police Department duty -use approximately ten years ago. The pistols and associated equipment are reaching the end of their service life for duty use.
Most of the current firearms are serviceable and in “fair” condit ion with a few of the pistols being inoperable due to wear or breakage. Several of the firearms have had internal parts replaced to keep them in service. $150,000 was previously approved for Service Pistol Replacement in the Capital Improvement Plan for FY24. In 2022, staff began testing and evaluating new potential duty pistol options.
DISCUSSION
Campbell Police Department duty firearms and accessories wear out and need to be phased out of service for various reasons over time. The current service pistol, Heckler and Kock HK45s, have been in service for approximately ten years.
When evaluating new duty pistols, the following categories were taken into consideration.
• Quality and dependability of the pistol
• Estimated service life
• Cost associated with training or retraining officers
• Cost associated to train or retrain firearms instructors and armorers • Availability of parts and accessories
• Cost of the pistol
• Cost and availability of accessories (Holsters, lights, Red Dot sights etc.) • Availability and uniformity of function of compact and full-size pistols Item: 9
Category: NEW BUSINESS
Meeting Date: July 31, 2023
9 Packet Pg. 112
Police Department Duty Pistol and Related Equipment Purchase Page 2 of 4 • Comparison to current duty pistol and accessories
• Red Dot optic compatibility
• Ability to disassemble pistol without having to pull the trigger
During testing, range staff recommended the follo wing pistols to be tested and evaluated:
• Heckler and Koch HK45 (Current duty pistol)
• Smith and Wesson M&P 2.0
• Sig Sauer P320
• FN 509
All four pistols are made by well -known reliable manufactures whose pistols have been successfully used by numerous law enforcement agencies. In addition, each pistol has been adopted by agencies with over 500 officers and were successfully supported by the manufacturers.
Officers in the department were given the opportunity to shoot each pistol. The FN 509 was dropped from testing early on based on poor ergonomic reviews from range staff and SWAT team members.
Staff additionally researched red dot optics for the service pistols which have become an industry standard for law enforcement pistols based on increased acc uracy, faster acquisition, and a greater field of view for the officer. Currently all officers have red dot optics on their carbines.
The Smith and Wesson M&P 2.0 and Sig Sauer P320 offer pistols that accept red dot optics without after-market modification. The Heckler and Koch HK45, however, would need to be machined aftermarket, which costs approximately $150 per pistol. One department HK45 was converted to accept a red dot optic for testing. All pistols were tested with both a red dot optic and without.
The response from officers was overwhelmingly in favor of the Smith and Wesson M&P
2.0 with a red dot optic. The Smith and Wesson M&P 2.0 was additionally the range staff’s first choice based on their testing and evaluation criteria. All f our pistols in the desired configuration are relatively comparable in price. It should be noted that the Smith and Wesson M&P 2.0 in the desired configuration was also the least expensive , even with needed accessories.
Request for Quotes:
Following staff’s evaluation of its options, s taff contacted seven large reputable police supply distributors for quotes for the Smith and Wesson M&P 2.0 and associated accessories. The City of Campbell has previously made purchases from five of the vendors. They are noted in bold below.
9 Packet Pg. 113
Police Department Duty Pistol and Related Equipment Purchase Page 3 of 4 • San Diego Police Equipment Supply (did not provide quote) • Proforce Law Enforcement (provided quote)
• LC Action Police Supply (quote for accessories only)
• All State Police Equipment Supply (did not provide quote) • Adamson Police Products (provided quote)
• Curtis Blue Line (quote for accessories only)
• The Tactical Advantage (did not provide quote)
Only two vendors provided quotes that included firearms. Other vendors either did not respond with a quote, did not carry the requested p istol, or were not bulk distributors of the requested items and could not be competitive with pricing. The final costs are as follows for the vendors who provided quotes with the firearm and accessories in the desired configurations.
• Adamson Police Products $147,684.65***
• Proforce Law Enforcement $149,961.59
***Two officers requested to continue to use Heckler and Koch HK45s as their duty pistol. The request was granted as there is no additional cost or training associated with the continued use. Adamson is not a distributor for Heckler and Koch. If the two requested Heckler and Koch HK45 were removed from the Proforce Law Enforcement quote, the total would be $148,867, still higher than Adamson Police Products’ quote.
Dispensing with Formal Bidding Requirements
Staff recommends pursuant to Campbell Municipal Code 3.20.030(8) that the City Council determine that it is in the best interest of the public to dispense with the formal bidding requirements of Campbell Municipal Code 3.20.50 and authorize the purchase of new pistols and accessories from Adamson Police Products for the following reasons.
Adamson Police Products can provide both the pistol and accessories needed by the Campbell Police Department, provided the lowest responsive quote and are a reputable business that the City of Campbell has previously made purchases from in the past.
Adamson Police Products is also located in the Bay Area ( Livermore), which would make potential exchanges or returns easier.
FINANCIAL IMPACT
$150,000 was previously approved for Service Pistol Replacement in the Capital Improvement Plan for FY24.
ALTERNATIVES
Do not approve this purchase.
9 Packet Pg. 114
Police Department Duty Pistol and Related Equipment Purchase Page 4 of 4 Prepared by:
Dan Livingston, Police Captain
Reviewed by:
Gary Berg, Police Chief
Attachment:
a. PD Duty Pistol Resolution
9 Packet Pg. 115
Approved by:
Brian Loventhal, City Manager
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE PURCHASE OF DUTY PISTOLS AND ACCESSORIES FROM
ADAMSON POLICE PRODUCTS AND DISPENSING WITH FORMAL BIDDING
REQUIREMENTS
WHEREAS, the current duty pistols (Heckler and Koch HK45s) were purchased by the City of Campbell for Campbell Police Department duty -use approximately ten years ago ; and
WHEREAS, the pistols and associated equipment are reaching the end of their service life for duty use; and
WHEREAS, the Smith and Wesson M&P 2.0 , with a red dot optic , has been identified as the recommended replacement pistol; and
WHEREAS, Staff contacted seven large reputable police supply distributors and requested quotes for the Smith and Wesson M&P 2.0 and associated accessories; and WHEREAS, only two vendors, Proforce Law Enforcement and Adamson Police Products, provided quotes that included firearms and associated accessories; and WHEREAS, Adamson Police Products provid ed the lowest quote for new pistols and accessories in the amount of $147,685; and
WHEREAS, Adamson Police Products is a reputable business that the City has previously purchased products from; and
WHEREAS, Adamson Police Products is located in the Bay Area, making repair and replacement easier for the City, if needed; and
WHEREAS, the City Council previously approved $150,000 for Service Pistol Replacement in the City’s Capital Improvement Plan for Fiscal Year 2024; and WHEREAS, Staff recommends that the City Council authorize the purchase of new duty pistols (Smith and Wesson M&P 2.0) and necessary accessories from Adamson Police Products; and, that the City Council find that it is in the best interest of the public to dispense with f ormal bidding requirements pursuant to Campbell Municipal Code
3.20.030(8);
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell approves the purchase of new duty pistols (Smith and Wesson M&P 2.0) from Adamson Police Products, to include necessary accessories, in an amount not to exceed $150,000; and hereby determines that it is in the best interest of the public to dispense with formal bidding requirements pursuant to Campbell Municipal Code 3.20.030(8).
BE IT FURTHER RESOLVED that the City Council hereby a pproves the Police Chief to execute purchase agreements for procurement of this equipment.
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Attachment: PD Duty Pistol Resolution (Police Department Duty Pistol and Related Equipment Purchase) PASSED AND ADOPTED this 31st day of July 2023, by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
________________________
Anne Bybee, Mayor
ATTEST:
____________________________
Andrea Sanders, City Clerk
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Attachment: PD Duty Pistol Resolution (Police Department Duty Pistol and Related Equipment Purchase) City
Council
Report
TITLE: Amendment to the Classification and Salary Plan – Housing Manager and Temporary Limited Term – Project Manager (Police Training Coordinator) (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution amending the Classification and Salary Plan to include the two new classifications for Housing Manager and Temporary Limited Term - Project Manager (Police Training Coordinator).
BACKGROUND
The Fiscal Year (FY) 2024 budget includes a significant development by introducing a new position with a Housing Manager in the Community Development Department and the continuation of an existing temporary 0.50 Training Coordinator for the Police Department.
Housing Manager
This strategic decision is prompted by the urgent need to tackle the city's housing challenges and effectively implement the approved Housing Element as well as other critical responsibilities outlined in the job description. Under the guidance of the Community Development Director, the Housing Manager will play a pivotal role in overseeing and coordinating housing initiatives, collaborating with stakeholders, and ensuring the successful realization of the city's housing goals in conformance with the City’s Housing Element.
Project Manager (Police Training Coordinator)
To prepare for an expected vacancy within the Police Department by December 2023 and the ensuing recruitment process, the Human Resources Division has crafted a job description for the temporary limited -term position of Project Manager (Police Training Coordinator). Adhering to industry standards, municipalities must create job descriptions for all positions, regardless of whether they are full -time permanent or temporary roles.
There was no pre -existing job description for this specific classification prior to its preparation.
Item: 10
Category: NEW BUSINESS
Meeting Date: July 31, 2023
10 Packet Pg. 118
Amendment to the Classification and Salary Plan Page 2 of 4 To ensure the successful implementation of these developments, staff strongly recommends that the City Council adopt the class specifica tion and salary range for the Housing Manager position, as well as the class specification for the temporary limited - term position of Project Manager (Police Training Coordinator). These proactive measures will not only enhance the city's ability to addres s housing challenges effectively but also align its human resources practices with industry best standards.
DISCUSSION
Housing Manager
The creation of the Housing Manager position in the Community Development Department represents a significant step for ward in addressing the city's pressing housing challenges. By adopting this new role, the City of Campbell demonstrates its commitment to proactively tackling housing issues and implementing the approved Housing Element effectively. The Housing Manager's p ivotal role within the Community Development Department involves overseeing and coordinating a diverse range of housing initiatives, fostering collaboration with stakeholders, and effectively executing the city's housing goals under the guidance of the Community Development Director.
With the adoption of the Housing Manager position, the city is poised to strengthen its focus on affordable housing programs and projects. This strategic decision allows for more comprehensive planning and execution of housing initiatives, providing greater support and resources to meet the diverse housing needs of the community. Moreover, the Housing Manager will facilitate coordination between different departments and divisions, streamlining housing -related efforts and promo ting more efficient use of resources. This integrated approach is expected to yield more impactful results and foster a stronger sense of community well -being through increased housing opportunities. The hiring of a Housing Manager is identified under Prog ram H-3b of the City’s Adopted Housing Element and was one of five recommendations within the Housing Program Audit that was accepted by Council on May 16, 2023 (Item #22). This classification will be an unrepresented management position.
The Human Resources Division conducted a comprehensive total compensation study, comparing the City's benchmark cities as per the City's Memorandum of Understanding.
The salary step ranges from step 1 through 5 have been provided to ensure competitiveness in the labor market, with total compensation benchmarked at the labor market mean for the respective positions.
Project Manager (Police Training Coordinator)
Adhering to best practices in municipal governance and human resources management, it is imperative to draft job descriptions for all positions, whether they are full -time permanent or temporary roles. The job description for the temporary limited -term 10 Packet Pg. 119
Amendment to the Classification and Salary Plan Page 3 of 4 position of Project Manager (Police Training Coordinator) is a proactive measure taken in preparation for an expected vacancy within the Police Department in December 2023.
This forward-thinking approach ensures a seamless transition during the limited term of service, enabling the continuity of vital police training activities.
It is important to note that this is not an additional personnel request but rather a strategic decision to allow for some overlap in staffing for training purposes. By doing so, it ensures that the critical role played by this position in the Police Department is not disrupted during the upcoming vacancy in December.
The compensation for the temp orary limited -term position of Project Manager (Police Training Coordinator), City Council's Resolution 12975, approved on May 2, 2023, established the temporary salary range for the Project Manager Classification.
By adopting the proposed class specifica tions and salary range for the Housing Manager position and the temporary limited -term position of Project Manager (Police Training Coordinator), the City Council demonstrates its commitment to enhancing organizational efficiency and remaining in line with industry standards.
If approved, a recruitment process for th e Housing Manager and temporary limited-term position of Project Manager (Police Training Coordinator ) positions will commence in August 2023, with a target hire date of early September 2023.
FISCAL IMPACT
The Housing Manager position is identified under the adopted FY 2024 Budget and will be funded from the City’s Affordable Housing Fund; with financial support for the first two fiscal years augmented by the City’s remaining American Rescu e Plan Act (ARPA) funds.
The temporary limited -term position of Project Manager (Police Training Coordinator) was included in the adoption of the FY 2024 Budget.
Housing
Manager STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
MGMT Hourly $ 69.25 $ 72.89 $ 76.73 $ 80.77 $ 85.02 Bi-Weekly $ 5,539.80 $ 5,831.37 $ 6,138.28 $ 6,461.35 $ 6,801.42 Monthly $ 12,002.90 $ 12,634.64 $ 13,299.62 $ 13,999.60 $ 14,736.42 Annual $ 144,034.84 $ 151,615.62 $ 159,595.39 $ 167,995.15 $ 176,837.00
PROJECT
MANAGER Range
$26.00 - $75.00
ALTERNATIVES
10 Packet Pg. 120
Amendment to the Classification and Salary Plan Page 4 of 4
1. Do not approve the attached resolutions and salary schedules.
2. Only approve the Housing Manager class specification and salary schedule.
3. Only approve the Temporary Limited -term Project Manager (Police Training Coordinator) class specification.
4. Provide other direction to staff.
Prepared by:
Jenny Le-Christensen, HR Manager
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution_Housing Manager,Training Coordinator
b. Job Description _Housing Manager
c. City of Campbell Salary Schedule_Housing Manager
d. Job Description_Project Manager _ Police Training Coordinator 10 Packet Pg. 121
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AMENDING THE CLASSIFICATION AND SALARY PLAN
WHEREAS, The City Manager is required by Section 2.12.030 of the Campbell Municipal code to prepare and submit to the City Council recommendations for the reorganization of offices, departments, and positions which are considered to be in the best interest of efficient, effective and economical conduct of the municipal services provided by the City; and
WHEREAS, Title 2, Sectio n 2.16.020 of the Campbell Municipal Code prov ides that the City Council may, from time to time, by resolution, change the compensation of employees of said City, and may, by resolution, adopt salary and wage scales; and WHEREAS, a review has been conducted; and
WHEREAS, an amendment to the current Classification and Salary Plan is needed to meet the requirements of Municipal Code Section 2.12.030.
WHEREAS, to ensure the successful implementation of the ad opted Housing Element, the Housing Manager classification will play a pivotal role; and WHEREAS, the prepared job description for the temporary limited-term position of Project Manager (Police Training Coordinator) falls in line with best practice for municipalities to have drafted job descriptions for all positions, whether they are full -time perm anent or temporary roles; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby approve 1. the adoption of a new job description for the Housing Manager position, recognizing the importance of thi s role in addressing the city's housing -related initiatives. 2. The establishment of a new salary range for the Housing Manager position, commensurate with the responsibilities and qualifications required for this crucial role. 3.
The adoption of a new job description for th e Temporary Limited Term - Project Manager (Project Training Coordinator) position, acknowledging the need for specialized project management expertise for specific initiatives.
PASSED AND ADOPTED this ______ day of July 2023, by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
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Attachment: Resolution_Housing Manager,Training Coordinator (Amendment to the Classification and Salary Plan) Anne Bybee, Mayor
ATTEST:
Andrea Sanders, City Clerk
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Attachment: Resolution_Housing Manager,Training Coordinator (Amendment to the Classification and Salary Plan) Est. 07/23
CITY OF CAMPBELL
HOUSING MANAGER
DEFINITION
Under direction, plans, organizes, directs and coordinates the activities of the Housing Division including administration of a variety of affordable housing programs and projects; coordinates Housing Division activities with other divisions and departments; and provides highly complex staff assistance to the Community Development Director.
TYPICAL DUTIES
Plans, organizes and directs a variety of housing and affordable housing programs and projects (rental and purchase) overseen by the City, ; oversees administration of the City’s below market rate ownership, rental, loan, and compliance program, including management of the below market administrator and coordinating with the city attorney , while implementing administrative procedures and enhancements that support the program; pursues and secures funding sources that support housing and affordable housing production within the city , consistent with Housing Element goals ; facilitate development of affordable housing projects, including development of timelines, managing consultants, and negotiation with developers, lenders, title companies, service agencies, property owners and other public agencies ; finalize developer agreements; oversee administration of federal and state housing programs and funding, suc h as Community Development Block Grant (CDBG) and HOME, including required regulatory reporting requirements; implements programs and projects that addresses homelessness, the housing requirements of special needs groups , and fair housing issues in compliance with state and federal laws ; o versees the city’s rent dispute mediation services; implements ongoing public outreach with the Campbell community and key stakeholders concerning the city’s housing programs, services, and goals ; ensures compliance with Federal, State, and local housing regulations; assists in the development of the City’s Housing Element; directs, oversee s and participates in the development of the Housing Division workplan; assigns work activities, projects and programs; monitors work flow; reviews and evaluates work products, methods and procedures; prepares the Housing Division budget; assists in budget implementation; participates in the forecast of additional funds needed for staffing, equipment, materials and supplies; administers the approved budget; recommends the appointment of personnel; provides or coordinates staff training; conduct performance evaluations; implements discipline procedures as required; maintains discipline and high standards necessary for the efficient and professional operation of the division; collaborates and seeks input from a variety of stakeholders including developers, non-profits, residents and regional agencies to create affordable housing programs that meet local and regional needs; ensures City Below-Market Rate Ownership and Rental Application Programs and Guides meets resident needs and is consistent with Housing Ele ment goals; negotiates and/or coordinates with developers, lenders, title companies, social service agencies, various public agencies, property owners, and tenants regarding affordable housing
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Attachment: Job Description _Housing Manager (Amendment to the Classification and Salary Plan) Est. 07/23
projects and issues; act s as hearing officer and/or secretary to City boards or commissions as necessary; prepares and presents reports and recommendations to the Community Development Director, City Manager, City Council and a variety of City boards/commissions/committees, community and business organizati ons, and other public agencies regarding a variety of housing programs, activities, and projects; represents the division and department to outside agencies and organizations; participates in outside community and professional groups and committees; provid es technical assistance as necessary; researches and prepares technical and administrative reports; prepares written correspondence; and performs other related duties as required.
EMPLOYMENT STANDARDS
Experience and Experience: Equivalent to a Bachelor's degree from an accredited college or university, with major course work in public administration, business administration, planning,
economics or a related field. Five years of increasingly responsible experience in affordable ho using related
programs, including two years of supervisory
responsibility.
Knowledge of: Principles and practices of affordable housing program administration, financing, and related development, real estate and redevelopment methods and practices;
economics of real estate; underwriting and subsidy
layering for affordable housing and homebuyer programs; property management and monitoring practices ; real
estate financing documentation; principles of Community Development Block Grant (CDBG), HOME, Cal Hom e,
BEGIN and Housing Choice Voucher (federal rental
assistance through the Housing Authority) application
procedures and practices , administration, and
compliance and reporting requirements; general
construction for housing rehabilitation; principles and practices of leadership, motivation, team building and
conflict resolution; pertinent local, State and Federal rules, regulations and laws; modern office procedures , software programs (word processing, spreadsheets,
GIS), and computer equip ment; principles and practices of organizational analysis and management; budgeting
procedures and techniques; principles and practices of
supervision, training and personnel management.
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Attachment: Job Description _Housing Manager (Amendment to the Classification and Salary Plan) Est. 07/23
Ability to: Develop and manage complex affordable housing programs and projects on a continuous basis, identify and pursue grant opportunities; analyze budget and technical reports; interpret and evaluate staff reports; understand applicable laws, regulations and codes; observe
performance and evaluate staff; problem sol ve
department related issues; implement various rules and
procedures; and explain and interpret policy ; analyze
problems, identify alternative solutions, consequences of proposed actions and implement recommendations in
support of goals; gain cooperation t hrough discussion
and persuasion; interpret and apply City and department policies, procedures, rules and regulations ; prepare and administer a budget; supervise, train and evaluate
personnel; communicate clearly and concisely, both orally and in writing; provide presentations to different
stakeholders and city decisionmakers; facilitate
discussion and input in community and public meetings; and establish and maintain a positive and effective
working relationships with those contacted in the course of work; on a continuous basis, sit at desk and in meetings for long periods of time ; intermittently twist to reach equipment surrounding desk; perform simple grasping
and fine manipulation; use teleph one, and write or use keyboard to communicate through written means; and lift or carry weight of 30 pounds or less ; performs the most complex work of the division;
Possession of: Valid California Driver’s License.
Supplemental Information: In compliance with the American with Disabilities Act, the City of Campbell will provide reasonable accommodation
to qualified individuals with disabilities and encourages both prospective and current employees to discuss
potential accommodations with the Human Resources
Division
The City of Campbell is and Equal Opportunity Employer
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Attachment: Job Description _Housing Manager (Amendment to the Classification and Salary Plan) Effective: 7/24/2023
JOB TITLE
Step 1 Step 2 Step 3 Step 4 Step 5
HOUSING MANAGER MGMT Hourly $69.25 $72.89 $76.73 $80.77 $85.02 Bi-Weekly $5,539.80 $5,831.37 $6,138.28 $6,461.35 $6,801.42 Monthly $12,002.90 $12,634.64 $13,299.62 $13,999.60 $14,736.42 Annual $144,034.84 $151,615.62 $159,595.39 $167,995.15 $176,837.00
STEP RANGES
Range
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Attachment: City of Campbell Salary Schedule_Housing Manager (Amendment to the Classification and Rev. ‘23
CITY OF CAMPBELL Updated: XXXXXXXXX
TEMPORARY LIMITED TERM – PROJECT MANAGER (POLICE TRAINING
COORDINATOR)
DEFINITION
Under general supervision, the Training Coordinator for the Police Department prepares, facilitates, monit ors, ev aluates, and documents legal justice and safety training activities within the department, alongside other related work as required. This role holds the responsibility of continuously identifying training needs for both Public Safety and the Police Department. By utilizing a variety of techniques, the coordinator collaborates with Police staff to address department -wide training issues, identify training resources, and organize training events. This is a non-sworn classification that is entrusted wi th coordinating and implementing the Police Department's training program for all sworn and non -sworn staff members. The incumbent will actively work with staff to identify training needs and opportunities, schedule training activities and functions, ensur e compliance with all applicable Federal, State, and local laws, as well as department policies and procedures, and maintain records related to the program . This classification stands out from other administrative support roles due to its involvement in performing complex technical duties that require advanced knowledge in the specialized area of training program coordination.
TYPICAL DUTIES
Assist, plans, oversees, coordinates, and implements the Police Department training program for all sworn and non-sworn staff. Assist Police Department staff with individual training plans, making recommendations and ensuring compliance with Peace Officer Standards and Training (P.O.S.T.) Continued Professional Training requirements and/or specialized training. Maintains a detailed calendar of department training events, activities, and hosting events, handling appointments, schedules, conferences, travel arrangements, and itineraries. Responsible for the oversight and administration of the Police Department's annual training budget, including forecasting, tracking, and controlling expenditures. Track employee training hours and expenses, updating and maintaining specialized database systems, and notifying P.O.S.T. of newly hired, terminated, and change-of-status events are among their duties. Track the employee career development programs and college units for sworn staff, advising them on eligibility and compensation amounts. Establish and maintain a vast network of training and employee development resources, fostering close working relationships with community colleges. Coordinates special projects, assignments, and activities, and carries out specialized technical and advanced administrative work.
Maintains accurate records, preparing reports to monitor training program success, and creating written materials are essential tasks. Plan, organize, assign, supervise, and review the work of assigned non-sworn staff and volunteers, as well as coordinate off-site training activities for department staff. Attend meetings and stay updated on changes in regulations and technology, implement policy and procedural changes, ensure compliance with applicable laws, and perform other assigned duties are also part of their responsibilities.
Oversee all police department related permits, including the preparation of comprehensive reports for City Council, ensuring compliance with regulations and providing detailed
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Attachment: Job Description_Project Manager _ Police Training Coordinator (Amendment to the Classification and Salary Plan) Rev. ‘23
information on permit applications, approvals, and any related updates or changes.
Manage the oversight and issuance of police department equipment, including the tracking and replacement of safety equipment such as bulletproof vests, to ensure the safety and preparedness of all department personnel.
EMPLOYMENT STANDARDS
Education and Experience: Education equivalent to sixty (60) semester units or ninety (90) quarter units of academic level courses from an accredited college or university in public administration, criminal justice, human resources management, organizational development, business administration, criminology, police science, or a closely related field; and five (5) years of progressively responsible professional experience in employee development and training, preferably within a public agency.
Knowledge of: Principles, practices, and methods of administering and coordinating a comprehensive police training program. Solid understanding of the functions, principles, and practices of law enforcement agencies, as well as the applicable Federal, State, and local laws, regulatory codes, ordinances, and procedures relevant to their assigned area of responsibility. ; skilled in work planning, assignment, review and evaluation, discipline, and training staff in work procedures. Strong business letter writing and basic report preparation techniques, as well as effective communication skills for public
presentations. Record-keeping principles and procedures, basic mathematical principles, modern office practices, methods, and computer equipment, including word-processing, spreadsheet, database, and graphic design programs. English usage, grammar, spelling, vocabulary, and punctuation.
Excellent customer service and adhering to office safety practices, procedures, and standards. Organizational
development, learning, and instruction in an employment setting, adult educational and training theories and
methodologies, course evaluations and needs assessments, lesson plan development, designing training programs and delivery systems, curriculum design, documentation,
presentation, and evaluation, principles and techniques of presentation and group facilitation, modern office procedures and equipment, record-keeping principles, fiscal, statistical, and administrative research, evaluation, and report
preparation, and principles and practices of business
communication, including business letter writing, report preparation, oral speaking, and presentation.
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Attachment: Job Description_Project Manager _ Police Training Coordinator (Amendment to the Classification and Salary Plan) Rev. ‘23
Ability to: Coordinate, direct, and implement a comprehensive training program tailored to meet the needs of the community and the Police Department. Recommend and implement goals,
objectives, and practices to ensure the effectiveness and efficiency of the training program. Acquire knowledge of certification and licensure requirements for both sworn and non-sworn staff members. Interpret, apply, and explain
relevant Federal, State, and local policies, procedures, laws, and regulations. Prepare written reports and correspondence and make informed, independent decisions within established policy and procedural guidelines. Excel at managing multiple priorities, organizing their workload, and meeting strict deadlines. Operate modern office equipment, including
computer equipment and specialized software applications.
Provide effective communication, both orally and written.
Demonstrates tact, initiative, prudence, and independent judgment in politically sensitive situations. Establish and maintain cooperative working relationships with individuals encountered in their work, including the general public and members of other City departments. Thrive in a team-based environment and actively work towards achieving common
goals. Walk or stand for extended periods of time. Bend, stoop, reach, carry, crawl, climb and lift up to 25 pounds as necessary to perform assigned duties. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, depth perception, and the ability to adjust focus.
Possession of: Valid California Driver's License.
Supplemental Information: In compliance with the American with Disabilities Act, the City of Campbell will provide reasonable accommodation to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the Human Resources Division
The City of Campbell is and Equal Opportunity Employer
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Attachment: Job Description_Project Manager _ Police Training Coordinator (Amendment to the Classification and Salary Plan) City
Council
Report
TITLE: Reclassify Finance Manager to Assistant Finance Director (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a Resolution reclassifying t he Finance Manager classification to a Assistant Finance Director Classification and adding the salary ranges for the job classification of Assistant Finance Director to the City's Salary Schedule.
DISCUSSION
Staff is proposing to reclassify a vacant Fi nance Manager position to an Assistant Finance Director position. The proposed Fiscal Year (FY) 202 4 Operating Budget incorporates this reclassification.
This new class specification is being established to elevate the Finance Department's leadership and strategic capabilities. The Assistant Finance Director will play a pivotal role in overseeing and directing critical financial operations within the city. They will be responsible for assisting the Finance Director in formulating financial strategies, developing budgets (including Capital Improvement Projects) , audits, and implementing financial policies and procedures. Additionally, the Assistant Finance Director will be entrusted with supervising financial analysts and staff, ensuring accurate financial reporting, and providing valuable insights to support sound decision-making.
The reclassification is aimed at bolstering the Finance Department's effectiveness in managing complex financial matters and optimizing resource allocation. By introducing the Assistant Finance Director role, the department will gain a more comprehensive and efficient approach to financial planning and analysis. This leadership position will foster better coordination among departments, promoting financial transparency, compliance, and accountability.
Furthermore, the Assistant Finance Director will play a crucial role in long -term financial planning and risk management, contributing to the city's fiscal sustainability and overall growth. This reclassification ensures the Finance D epartment's readiness to address evolving financial challenges and seize opportunities for the city's continued prosperity.
After conducting a salary survey of comparable positions, the recommended salary range for the Assistant Finance Director position a ligns with industry standards, reflecting the significance and complexity of this role. If approved, a recruitment process Item: 11
Category: NEW BUSINESS
Meeting Date: July 31, 2023
11 Packet Pg. 131
Reclassification of Finance Manager to Assistant Finance Director Page 2 of 2 for this position will commence in August 2023 , with a target hire date of early September 2023. Attachment C provides the recommended new job specification.
FISCAL IMPACT
The increase in costs related to the new classification of Assistant Finance Manager is approximately $ 27,900. These costs have been included in the adopted FY 202 4 Operating Budget.
Assistance Finance
Director STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
Hourly $83.17 $87.55 $92.15 $97.00 $102.11
Bi-Weekly $6,653.54 $7,003.72 $7,372.34 $7,760.36 $8,168.80 Monthly $14,416.00 $15,174.74 $15,973.41 $16,814.11 $17,699.07 Annual $172,992.01 $182,096.85 $191,680.89 $201,769.36 $212,388.80
ALTERNATIVES
1. Do not approve staff recommendation: Maintain the current Finance Manager position without creating a new role, focusing on leveraging existing expertise and ensuring continuity in financial leadership.
2. Recommend alternative changes to the class specification and salary schedule.
Prepared by:
Jenny Le-Christensen, HR Manager
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution - Assistant Finance Director
b. City of Campbell Salary Schedule_ Assistant Finance Director c. Assistant Finance Director_Final
11 Packet Pg. 132
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING THE RECLASSIFICATION OF THE FINANCE MANAGER CLASSIFICATION
TO ASSISTANT FINANCE DIRECTOR CLASSIFICATION AND SALARY PLAN WHEREAS, the City Manager is required by Section 2.12.030 of the Campbell Municipal Code to prepare and submit to the City Council recommendations for the reorganizati on of offices, departments, and positions which are considered to be in the best interest of efficient, effective and economical conduct of the municipal services provided by the City; and
WHEREAS, Section 2.16.010 of the Campbell Municipal Code requires that salaries and wages of all employees of the City be fixed by ordinance or resolution and; WHEREAS, a review has been conducted; and
WHEREAS, an amendment to the current Classification and Salary Plan is needed to meet the requirements of Municipal Code Section 2.12.030.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby grants approval to the recommendations for the reclassification of the Finance Manager position to Assistant Finance Dire ctor and adopts the corresponding salary ranges for the Assistant Finance Director Classification to be incorporated into the City's salary schedule
PASSED AND ADOPTED this ______ day of July, 2023, by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
____________________________
Anne Bybee, Mayor
ATTEST:
________________________
Andrea Sanders, City Clerk
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Attachment: Resolution - Assistant Finance Director (Reclassification of Finance Manager to Assistant Finance Director) Effective: 7/24/2023
JOB TITLE
Step 1 Step 2 Step 3 Step 4 Step 5
ASSISTANT FINANCE DIRECTOR MGMT Hourly $83.17 $87.55 $92.15 $97.00 $102.11 Bi-Weekly $6,653.54 $7,003.72 $7,372.34 $7,760.36 $8,168.80 Monthly $14,416.00 $15,174.74 $15,973.41 $16,814.11 $17,699.07 Annual $172,992.01 $182,096.85 $191,680.89 $201,769.36 $212,388.80
STEP RANGES
Range
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Attachment: City of Campbell Salary Schedule_ Assistant Finance Director (Reclassification of Finance Est. 07/23
CITY OF CAMPBELL
ASSISTANT FINANCE DIRECTOR
DEFINITION
Under administrative direction, assists the Finance Director in managing and directing operations of the Finance Department and the fiscal affairs of the City, including accounting, accounts payable/receivable, annual audits, financial reporting, annual budget and capital improvement plan (CIP) development, payroll, treasury and investments, billing and collection , risk management, and debt management ; plan s, organizes and directs the activities of the department; and provide s highly complex staff assistance to Finance Director. Serves as acting Director in the absence of the Finance Director.
TYPICAL DUTIES
Assists in managing and directing the operational activities of the Finance Department ; assists in developing department goals , objectives, polices, procedures, and work standards; assists in the development and implementation of policies and procedures ; develops and implements the department’s work plan in coordination with the Finance Director and other department staff; assign s work activities, projects and programs; monitors workflow; review s and evaluate s work products, methods and procedures ; assists in preparing the Finance Department’s budget; assists in Citywide budget and CIP development implementation; participates in the forecast of funds for staffing, equipment, materials and supplies; administer s the approved budget and CIP ; recommends the appointment of personnel; provide s or coordinates staff training; conducts performance evaluations; implements discipline procedures as required; maintains discipline and high standards necessary for the efficient and professional operation of the department ; oversees selection, configuration and implementation of computer software systems and related equipment used in Finance D epartment and City -wide financial operations and reporting; plans, organizes, coordinates, and performs complex statistical and financial analysis and prepares financial and management reports; works with internal and external audit staff and other City st aff in review of accounting and operational systems and controls; recommends changes to improve systems and control procedures as well as operational and performance improvements; determines whether financial transactions are properly accounted for and fai rly presented, policies laws, and regulations are compiled with, assets are safeguard against loss, resources are managed in an economical and efficient manner, records and procedures are adequate to accomplished objectives, and desired results and benefits are achieved and objectives are met; serves in the absence of the Finance Director; represents the department to outside groups and organizations; participate s in outside community and professional groups and committees; provides technical assistance as necessary; builds and maintains positive working relationships with co -workers, the City Council, and other City employees and the public using principles of good customer service ; makes presentations to the City Council, City Executive staff, various commissions, committees, and groups, and other
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Attachment: Assistant Finance Director_Final (Reclassification of Finance Manager to Assistant Finance Director)
Est. 07/23
meetings as required; administers selected major projects as determined by the Finance Director; and performs other related duties as required.
EMPLOYMENT STANDARDS
Experience and Experience: Equivalent to a Bachelor's degree from an accredited college or university, with major course work in finance, accounting, business administration or a related field.
Five years of increasingly responsible professional-level experience in management of accounting, finance, or
budgeting activities in a municipal or governmental
environment, including two years of management
responsibility. Public sector auditing experience, a
Certified Public Accountant (CPA) certification, a Certified Public Finance Officer (CPFO) certification, or similar, and /or a Master’s degree in business, public administration, or a related field is desirable and may be substituted for the required professional-level experience up to a
maximum of one year.
Knowledge of: Principles and practices of municipal finance including governmental fund accounting, budget, auditing, and/or
billing operations and applicable computer software
management and reporting systems ; principles and
practices of leadership, motivation, team building and
conflict resolution ; pertinent local, State and Federal rules, regulations, and laws ; principles and practices of organizational analysis and managemen t; principles and practices of supervision, training and personnel
management.
Ability to: Assist in managing and directing operational activities of the Finance Department; on a continuous basis, analyze
budget, CIP, and technical reports; interpret and evaluate staff reports; prepare and present clear and well -
organized written and oral reports to City Council, City Administration, and others as required ; know laws,
regulations and codes; observe performance and
evaluate staff; problem solve department related issues; remember various rules and procedures; and explain and
interpret policy; on a continuous basis, sit at desk and in meetings for long periods of time. Intermittently twist to reach equipment surrounding desk; perform simple
grasping and fin e manipulation; use telephone, and
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Attachment: Assistant Finance Director_Final (Reclassification of Finance Manager to Assistant Finance Director) Est. 07/23
communicate through written means; and lift or carry
weight of 10 pounds or less ; independently carry out
complex accounting and auditing work and apply
accounting principles and techniques to practical
accounting, auditi ng, financial reporting, and financial situations; prepare and administer a budget and CIP ;
coordinate, supervise, direct, train and evaluate
personnel; interpret and explain department policies and procedures; work independently as needed to manage
projects and personnel; analyze complex problems,
evaluate alternatives, make sound, well -structured
recommendations, and implement recommendations in
support of goals ; prepare complex financial reports and analysis; gain cooperation through discussion and
persuasion; communicate clearly and concisely, both
orally and in writing; and establish and maintain effective working relationships with those contacted in the course of work.
Possession of: Valid California Driver’s License.
Supplemental Information: In compliance with the American with Disabilities Act, the City of Campbell will provide reasonable accommodation
to qualified individuals with disabilities and encourages both prospective and current employees to discuss
potential accommodations with the Human Resources
Division
The City of Campbell is and Equal Opportunity Employer
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Attachment: Assistant Finance Director_Final (Reclassification of Finance Manager to Assistant Finance Director) City
Council
Report
TITLE: Council Committee Reports
RECOMMENDED ACTION
That the City Council report on activities from their committee assignments.
DISCUSSION
This is the s ection of the City Council Agenda that allows the City Councilmembers to report on items of interest and the work of City Council Subcommittees.
MAYOR BYBEE
Cities Association of Santa Clara County:
Board Representative
Legislative Action Committee and City Selection Committee City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Finance Subcommittee
Friends of the Heritage Theater Liaison
Legislative Subcommittee
Silicon Valley Animal Control Authority Board (SVACA)
West Valley Mayors and Managers
VICE MAYOR LANDRY
Advisory Commissioner Appointment Interview Subcommittee City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Education Subcommittee
Economic Development Subcommittee
Santa Clara Valley Water District County Water Commission Santa Clara County Library District JPA Board of Directors West Valley Clean Water JPA (Alt.)
West Valley Solid Waste Authority JPA (Alt.)
West Valley Mayors and Managers (Alt.)
Item: 12
Category: COUNCIL COMMITTEE
REPORTS
Meeting Date: July 31, 2023
12 Packet Pg. 138
Council Committee Reports Page 2 of 3
COUNCILMEMBER FURTADO
Advisory Commissioner Appointment Interview Committee
DCBA Liaison
Emergency Operational Area Council (EOAC)
Santa Clara County Emergency Operational Council (EOAC)** Silicon Valley Regional Interoperability Authority (SVRIA) West Valley Clean Water JPA
West Valley Sanitation District
West Valley Solid Waste Authority JPA
Association of Bay Area Governments (Alt.)
Silicon Valley Animal Control Authority Board (SVACA) (Alt.) Valley Transportation Authority Policy Advisory Committee (Alt.) COUNCILMEMBER LOPEZ:
Association of Bay Area Governments
Bay Area Quality Management District Board of Directors** Economic Development Subcommittee
Finance Subcommittee
League of Cities Peninsula Division Executive Committee** Legislative Subcommittee
Santa Clara County Housing and Community Development Advisory Committee Silicon Valley Clean Energy Finance and Audit Committee Valley Transportation Authority Board of Directors**
Campbell Historical Museum & Ainsley House Foundation Liaison (Alt.) Cities Association of Santa Clara County:
Board Representative (Alt.)
Legislative Action Committee and City Selection Committee (Alt.) Friends of the Heritage Theater Liaison (Alt.)
Santa Clara Valley Water District: County Water Commission (Alt.) Silicon Valley Clean Energy JPA Board of Directors (Alt.) West Valley Sanitation District (Alt.)
COUNCILMEMBER SCOZZOLA
Campbell Historical Museum & Ainsley House Foundation Liaison Education Subcommittee
Silicon Valley Clean Energy JPA Board of Directors
Valley Transportation Authority Policy Advisory Board
DCBA Liaison (Alt.)
Santa Clara County Housing and Community Development Advisory Committee (Alt.) Santa Clara County Library District JPA Board of Directors (Alt.) **appointed by other agencies
12 Packet Pg. 139
Council Committee Reports Page 3 of 3
Prepared by:
Kristen Epolite, Deputy City Clerk
12 Packet Pg. 140
To: Date: July 31, 2023
From:
Via:
Honorable Mayor and City Council
Andrea Sanders, City Clerk
Brian Loventhal, City Manager
Subject: Desk Item 8 – All-City Management Services Inc.
A
ttached is the draft agreement with All-City Management Services to perform crossing guard services.
C
ity of Campbell M
EMORANDUM
City Clerk’s Office
CITY OF CAMPBELL
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF CAMPBELL AND
ALL-CITY MANAGEMENT SERVICES, INC
This Agreement for Professional Services (this “Agreement”) is entered into as of the ____ day of August, 2023 (the “Effective Date”) , by and between the CITY OF CAMPBELL, a California municipal corporation (“CITY”), and ALL-CITY MANAGEMENT SERVICES, INC. , a California corporation, located at 10440 P ioneer Blvd., Suite 5, Santa Fe Springs, CA 90670 (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:
RECITALS
A. CITY intends to award a contract (the “Project”) and desires to engage a consulta nt to provide and perform crossing guard ser vices and training in connection with the Project ( the “Services”, as detailed more fully in Exhibit A).
B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY, in reliance on these representations , desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through August 31, 2024 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit A. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agre ement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION . The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit B entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Two Hundred Thir ty Five Thousand Five Hundred Sixteen Dollars ($235,516). The hourly schedule of rates , if applicable, is set out in Exhibit C , entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the Services performed and the applicable charges (including , if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit B or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 1 3 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it , its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this Agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS . CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement, as amended from time to time . CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services , arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. INTENTIONALLY OMITTED. .
SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner
in which CONSULTANT performs the Services requested by CITY under this Agreement.
CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT wi ll be responsible for all obligations and payme nts, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities re lated to CONSULTANT’s performance of the Services, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement r eferring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT’s provision of the Services only, and not as to the means by which such a result is obtained.
SECTION 11. ASSIGNMENT . The parties a gree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written approval of the City Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, succes sors, executors, administrators and assignees of the parties.
SECTION 12. SUBCONTRACTING.
CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors.
CONSULTANT shall be responsible for directing the work of any subcon tractors and for any compensation due to subcon tractors. CITY assumes no respo nsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and omissions of subcon tractors. CONSULTANT shall change or add subcon tractors only with the prior written approval of the City Manager or designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign David Mecusker as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day -to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT’s Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute Project Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s Project Manager. CONSULTANT, at CITY’s request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property.
CITY’s Project Manager is Dan Livingston , Police Department, Telephone: (408) 866-2779, Email: [email protected]. CITY’s Project Manager will be CONSULTANT’s point of
contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time.
SECTION 1 4. OWNERSHIP OF MATERIALS . All work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intelle ctual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services.
SECTION 15. AUDITS . CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) ye ars after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney’s fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by , CONSULTANT, its officers, employees, agents or contractors under this Agreement.
16.3. The acceptance of CONSULTANT’s Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 2 9.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall
constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No sing le or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A -:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days ’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSUL TANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement.
18.4. The procuring of such require d policy or policies of insurance will not be construed to limit CONSULTANT ’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the fu ll and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to C ONSULTANT. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination, CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination.
19.2. In event of suspension or termination, CONSULTANT will deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s Services provided in material conformity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion . The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30.
19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers).
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Campbell
70 North First Street
Campbell, CA, 95008
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the Project Manager at the address of CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT furt her covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest.
CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an off icer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Campbell Municipal Code and the Government Code of the State of California, as amended from time to time . CONSULTANT agrees to notify CITY if any