lyID CityofDowney AGENDA MEMO
ITE-mIjne
APPROVED BY
CITY MANAGER
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCILTO:
FROM:
DATE :
OFFICE OF THE CITY MANAGER h, L
BY: IRMA HUITRON, DIRECTOR OF COMMUNITY DEVELOPMENrX\
MARCH 12, 2024
SUBJECT: UPDATE REGARDING CODE ENFORCEMENT EFFORTS AND APPROVAL
OF A PROFESSIONAL SERVICES AGREEMENT FOR AUGMENTED CODE
ENFORCEMENT CONTRACT STAFF SERVICES WITH WILLDAN
ENGINEERING INC.
EXECUTIVE SUMMARY
The City Council will receive an update on the City’s Code Enforcement efforts and consider approving a new professional service agreement with Willdan Engineering Inc for the remainder of the fiscal year at a total contract amount of $150,000. The Agreement will include two (2) full-time, contract code enforcement officers, to: (1) Enhance Citywide proactive canvassing to bring deferred property maintenance and businesses into code compliance; (2) Extended evening and weekend code enforcement services; and (3) Enhance Citywide proactive canvassing to address vendors, encampments/outreach, and vacant lots/vacant buildings. Additionally, the City Council will consider approval of a General Fund appropriation increase in the Community Development Department to fund the purchase of field mobile citation devices and the development of a public facing GIS map for reported code enforcement cases in the amount of $40,000.
RECOMMENDATION
That the City Council
1. Approve a Professional Service Agreement, with Wiltdan Engineering, Inc. for two full-time, contract code enforcement officers beginning on March 27, 2024 with a contract totaling $150,000;
2. Authorize the City Manager, or his designees, to execute the Professional Services Agreements and amendments in a form acceptable to the City Attorney, as needed; and
3. Approve an appropriation increase in the General Fund, Community Development Department to fund for the purchase of field mobile citation devices and the development of a public facing GIS map for reported code enforcement cases in the amount of $40,000.
PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN ENGINEERING INC
FOR CODE ENFORCEMENT CONTRACT STAFF SERVICES
MARCH 12, 2024
PAGE 2
BACKGROUND
Staffing
Being that proactive code enforcement is a high-priority goal to the City Council for the community, as part of the Fiscal Year (FY) 2023-2024 Budget adoption, additional Code Enforcement staff was approved within the Community Development Department. The additional staff was added to facilitate the provision of enhanced weekend and evening services, increase efficiencies within the division, while also streamlining services and improving response times
As such , all newly approved positions within the Code Enforcement Division will be filled by March 2024 and vacant positions were filled as of February 2024 (Table 1) The total number of full-time equivalent positions as of June 30, 2023 was four (4) positions . With the newly added positions, the Division now has a total of six (6) full-time equivalent positions plus one (1 ) administrative clerk position
Table 1
New or Recently Vacant Code Enforcement Staff Positions Positions Filled/Start Date
*One (1) Full-time Code Enforcement Supervisor
**One (1) Full-time Code Enforcement Officer
New position - One (1 ) Senior Full-time Code
Enforcement Officer
New position - One (1 ) Part- Time Code Enforcement
Officer
***New position - One (1) Part- Time Code
Enforcement Officer
* Position resulting from Supervisor vacancy in August 2023 *-Position resulting Code Enforcement Officer retired in December 2023 *** Anticipated completion date April 30, 2024
10-6-23
2-5-24
2-20-24
2-20-24
Onboarding in-
progress
In addition to the positions listed above, the Code Enforcement Division has the following positions which are currently filled
• Administrative Clerk II– Full-time, currently filled
• Two (2) Code Enforcement Officers – Full-time, currently filled
PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN ENGINEERING INC
FOR CODE ENFORCEMENT CONTRACT STAFF SERVICES
MARCH 12. 2024
PAGE 3
As shown in Table 2, there is a projected increase of 61 % from FY 2022-2023 to FY 2023- 2024 of newly opened Code Enforcement cases, as well as a 34% increase from FY 2022-2023 to FY 2023-2024 of closed cases, which can be attributed to the intentional shift to proactive enforcement
With regard to the issuance of Administrative Citations, Table 2 shows a projected 41 % decrease as compared to last fiscal year. Staff proactively monitors open cases and makes efforts to communicate directly with the owners to achieve voluntary compliance rather than issuing a citation upon a first visit, to the extent possible. However, there are code cases associated with serious health and safety conditions that do warrant the issuance of a citation immediately upon identifying the code violation(s).
Table 2
Case and Citation Activity by
Total Cases Total Cases
Opened______Closed
1 ,239 1 , 1 40
1 ,333 1 ,022
Code Enforcement
Fiscal Years
Fiscal Year
Administrative
Citations Issued
303
120
2022-2023 (12 months)
2023-2024 To-Date
(July 1 to Feb 29, 8 months)
2023-2024 End-of-Year
Projections
Percent Change
FY 2022-2023 vs. Projected
FY 2023-2024
2,000
61 %
1533
34%
180*
-41 %+
It should be noted that in addition, to its typical Code Enforcement duties, Code Enforcement staff have taken a greater lead in addressing encampment concerns, associated outreach and bi-weekly riverbed and hotspots clean ups as the City has been finalizing its Homelessness Solutions Manager recruitment and finalizing its new Homeless Outreach model.
Code Enforcement Updated Technology
In April 2023, in an effort to modernize and increase efficiency within the Code Enforcement Division, the Code Enforcement Division operations transitioned to a new software application known as Comcate, a tracking software for local government agencies to assist with case management. The Comcate software features cloud-based case management which enables officers to access the application in real-time from an iPad, tablet, or laptop for increased field mobility, as well as enhanced reporting by zone and district for code issues (hot-spots). Code enforcement officers currently use iPads and mobile devices to assist with reporting in the field. Additional recommended technological improvements for the Division are discussed in further detail under the Analysis section of this report,
PROFESSIONAL SERVICES AGREEMENT WITH WtLLDAN ENGINEERING INC
FOR CODE ENFORCEMENT CONTRACT STAFF SERVICES
MARCH 12. 2024
PAGE 4
ANALYSIS
In an effort to continue with the proactive code enforcement services the City Council desires, staff recognized the need for further focused code enforcement staff to comprehensively and proactively address the high volume of community requests the division is currently encountering,
The following are some of the areas of concerns that will be aided by augmented staffing •Proactively canvassing the 12.5 square miles of the city to identify deferred maintenance and/or code violations including commercial and residential properties with deferred maintenance and/or code violations. (i.e., shopping centers, landscaping, signs, temporary flags/banners, trash/debris, holiday lights/decorations, residential properties, etc.).
Assist with current open code enforcement case follow-up to achieve voluntary compliance
Augmenting current code enforcement weekend and evening service hours Develop community educational programs and materials that promote compliance with City codes
Assist with proactive vendor enforcement and education to ensure that those operating are permitted.
Assist with business compliance and enforcement of potential violations related to:
live entertainment, businesses serving alcohol, compliance with Conditions of Approval for CUP, etc
Canvassing and proactively monitoring of vacant buildings and vacant lots to ensure they are maintained in a clean and orderly condition and secured properly.
Homeless outreach and engagement in partnership with the Southern California Health & Rehabilitation Program (SCHARP) a non-profit organization. o Bi-weekly encampment clean-ups/hot-spot monitoring
o Proactive monitoring of public parks, and city-wide encampments/hot-spot locations
•
•
•
•
•
•
•
It is anticipated that the augmented contract code enforcement staff will be on-boarded immediately following City Council approval, and the officers will work between 40-50 hours per week, through the conclusion of the fiscal year in coordination with existing Code Enforcement staff
Procurement
In February 2024, City staff solicited proposals from qualified contract staffing firms to provide code enforcement contract staff services. Staff received three (3) responses from Willdan Engineering Inc., 4LEAF Inc., and Sagecrest Planning+Environmental LLC. One firm responded that its staff was not available at this time, and two firms responded with
PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN ENGINEERING INC
FOR CODE ENFORCEMENT CONTRACT STAFF SERVICES
MARCH 12. 2024
PAGE 5
service and cost proposals. Community Development Department staff conducted a review of the proposals, including staff qualifications and fee cost schedules. The review team then conducted interviews and contacted references Upon completion of the proposal evaluations, staff recommends entering into a Professional Services Agreement (PSA) with Willdan Engineering Inc. , being that Willdan demonstrated to be the most qualified and cost competitive. Additionally, Willdan proved to have the ability to provide professional staff, while delivering the required services, enhanced by their many years of providing code enforcement services to local municipalities throughout California such as La Puente, Torrance, Inglewood , South Gate, Orange County, and San Diego County. Willdan’s code enforcement management team collectively possesses over 150 years of experience in code program development and oversight. Additionally, their private and public-sector experienced management team are experts in their field. Willdan also has extensive experience in developing community educational programs and materials that promote compliance with City codes By approving the agreement with Willdan Engineering, the Code Enforcement Division will be better situated to comprehensively enhance proactive Code Enforcement efforts to identify code deficiencies which will result in improving the overall aesthetics of the community, while also ensuring the City’s housing stock, commercial/industrial buildings, and properties are maintained in optimal conditions for the enjoyment of the Downey community
Additional Code Enforcement Updated Technology
The Code Enforcement Division is also in the process of launching a pilot program for mobile hand-held printers that will provide code enforcement officers the capability to print and issue administrative code enforcement citations in the field. The mobile printer devices feature the ability to communicate in real time to transmit citation data and media (photos), as well as receive Code Enforcement case updates without having to return to the office. Other Comcate software features include
•
•
•
Multiple Violations Issuance – Device features capability to issue multiple violations per citation.
Geo Mapping – Ability to capture GPS coordinates for violations reports citywide S.O.S. Distress Calling – Allows code officers to immediately call for help, through GPS
It is anticipated that full implementation of the mobile device printers will conclude by May 1, 2024. Staff is requesting an appropriation increase in the Community Development for the purchase of field mobile citation devices in the amount of $20,000 for the cost of six (6) printers and associated license fees
PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN ENGINEERING INC
FOR CODE ENFORCEMENT CONTRACT STAFF SERVICES
MARCH 12. 2024
PAGE 6
City staff has also started planning for the integration of the data captured in Comcate (i.e., code enforcement cases) into a public facing geographic information system (GIS) map, which would allow the public to view cases already reported and being investigated and easily identify how to report a code enforcement case to the City. Staff is requesting a funding allocation for the development of a public facing code enforcement GIS map in the amount of $20, 000
Staff recommends that the City Council authorize the City Manager to execute the Professional Services Agreement with Willdan Engineering Inc., and any amendments that may be necessary and approve a funding allocation for the purchase of field mobile citation devices and the development of a public facing GIS map for reported code enforcement cases
CITY COUNCIL PRIORITIES
Quality of Life, Safety and Infrastructure
Efficiency & Adaptability
Fiscal Responsibility
FISCAL IMPACT
Approval of the recommended action for the approval of the new professional service agreement with Willdan Engineering Inc will result in an expenditure of $150,000 from General Fund, Community Development Department Account No. 10-4-5115-0700 for Fiscal Year 2023-2024 as previously approved in the FY 2023-2024 operating budget.
There is sufficient fund balance for the recommended action.
Additionally, approval of the recommended action for the purchase of field mobile citation devices and the development of a public facing GIS map for reported code enforcement cases will result in an appropriation increase of $40,000 from General Fund – Fund Balance to the General Fund, to Community Development Department Account No. 10- 4-5115-0700 for Fiscal Year 2023-2024. Future budgets will be adjusted via the City’s annual budget approval process to correspond with subsequent years’ expenses associated with this agreement
ATTACHMENTS
Attachment A: Professional Service Agreement with Willdan Engineering, Inc.
CITY OF DOWNEY
PROFESSIONAL SERVICES AGREEMENT
WITH WILLDAN ENGINEERING
FOR CODE ENFORCEMENT CONTRACT STAFF SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this 13th day of March, 2024 by and between the City of Downey, a California municipal corporation and charter city with its principal place of business at 1 1111 Brookshire Avenue, Downey California 90241 ("City") and Willdan Engineering, a California Corporation, with its principal place of business at 13191 Crossroads Parkway North, Suite 405 City of Industry, CA 91746 ("Consultant"). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional Code Enforcement Contract Staff services required by City on the terms and conditions set forth in this Agreement. Consultant represents that it has demonstrated competence and experience in providing Code Enforcement Contract Staff services to public clients, is licensed in the State of California, and is familiar with the plans of City,
2.2 Project.
City desires to engage Consultant to render such services for the Code Enforcement Contract Staff project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the Code Enforcement Contract Staff services necessary for the Project (''Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibit attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from March 13, 2024 to June 30, 2024, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules Attachment “ A“
and deadlines. The term of this Agreement may be extended by written amendment to this Agreement signed by the City Manager and the Consultant.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (CaIPERS) to be eligible for enrollment in CaIPERS as an employee of City, Consultant shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for CaIPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or 2 a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.
3.2.5 City’s Representative. The City hereby designates Irma Huitron, Director of Community Development, or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee
3.2.6 Consultant’s Representative. Consultant hereby designates Albert Brady, Deputy Director of Building & Safety or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”).
Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner consistent with the standard of care set forth herein, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project
3 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in force at the time the Services are performed by Consultant and in any manner affecting the performance of the Project or the Services, including all applicable Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the applicable indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. Consultant’s violation of such laws, rules and regulations shall also constitute a material breach of this Agreement.
3.2.10 Insurance
3.2.10.1 Time for Compliance. Consultant shall not commence the Services or the Project under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience with insurer, coverage or other special circumstances.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement, the Services or the Project by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. (1) Commercial General
Liability (CGLy. Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis including products and completed operations, property damage, bodily injury and personal and advertising injury; (2) Automobile Liability. Insurance Services Office Form Number CA 0001 covering Code 1 (any auto) or if Consultant owns no autos, Code 8 (hired) and 9 (non-owned); and (3) Workers’ Compensation : Workers’ Compensation insurance as required by the State of California with Statutory Limits; and (4) Employer’s Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1 ) Commercial General Liability (CGL) : No less than $2,000,000 per occurrence for products and completed operations, bodily injury, property damage and personal and advertising injury. If Commercial General Liability Insurance or other form with 4 general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: No less than $2,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation : Workers Compensation limits as required by the Labor Code of the State of California with Statutory Limits; (4) Employer’s Liability: Employer’s Liability limits of no less than $2,000,000 per accident for bodily injury or disease. Employer’s Liability coverage may be waived by the City if City receives written verification that Consultant has no employees.
If the Consultant maintains broader coverage and/or higher limits than the minimum shown in this subdivision 3.2.10.2, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City
3.2.10.3 Professional Liability (Errors & Omissions). Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Services or the Project, errors and omissions liability insurance appropriate to its profession. Such insurance shall be in an amount not less than $2,000,000 per occurrence or claim and $2,000,000 in the aggregate, and shall be endorsed to include contractual liability. If the Consultant maintains broader coverage and/or higher limits than the minimum shown in this subdivision 3.2.10.3, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Additional Insured Status. The Commercial General
Liability policy shall be endorsed to state that: (1 ) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to liability arising from the work, Services, Project or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work, Services. Project or operations; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Commercial General Liability insurance coverage may be provided in the form of an endorsement to the Consultant’s insurance (at lease as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions are used).
5 (B) Waiver of Subroqation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under said insurance policies set forth herein. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (C) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except with written notice by certified mail, return receipt requested to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Primary Coverage. For any claims related to this Agreement, the Consultant's insurance coverage shall be primary insurance and primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its directors, officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
3.2.10.6 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions.
In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors officials, officers, employees, agents and volunteers.
3.2.10.7 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. City may require Consultant to provide proof of ability to pay losses and related investigations, claim administration and defense expenses and costs within the retention. The policy language shall provide or be endorsed to provide that the self-insured retention may be satisfied by either the named insured or City.
3.2.10.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VII, authorized to do business in California, and satisfactory to the City.
3.2.10.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance, including'all required amendatory endorsements (or copies of the applicable policy language effective coverage required by this provision) and a copy of the Declarations and Endorsement Page of the Commercial General Liability policy listing all policy endorsements to the City before the commencement of work under this Agreement.
However, failure to obtain the required documents prior to the commencement of work under this Agreement shall not waive the Consultant’s obligation to provide them to the City. The 6 City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, at any time.
3.2.10.10 Claims-Made Policies. If any of the policies provide coverage on a claims-made basis:
(A) The retroactive date must be shown and must be before the date of this Agreement or the date work commences under this Agreement, whichever is earliest; (B) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Services provided under this Agreement;
(C) if coverage is canceled, non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this Agreement or the date work commences under this Agreement, whichever is earliest, the Consultant must purchase extended reporting coverage for a minimum of five (5) years after completion of the Services under this Agreement.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life-saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Fifty-Thousand Dollars 00/100 ($150,000.00) without written approval of the City. Extra Work may be authorized, as described below, and if authorized, said Extra Work will be compensated at the rates and manner set forth in this Agreement
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon. 7 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work'’ means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City Manager.
[3.3.5 Reserved]
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time either for cause or for the City's convenience and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Consultant may only terminate this Agreement for cause upon giving the City not less than seven (7) calendar days' written notice.
Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. The City shall within fifteen (15) calendar days following termination pay the Consultant for all services adequately rendered and all reimbursable costs incurred by Consultant up to the date of termination, in accordance with the payment provisions of this Agreement.
The following reasons shall constitute "cause" for which either party may terminate this Agreement as provided herein:
8 •
•
•
Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party; Assignment of this Agreement or transfer of the Project by either party to any other entity without the prior written consent of the other party; Suspension of the Project or the Consultant's Services by the City for more than ninety (90) calendar days, consecutive or in the aggregate, without good cause; •Material changes in the conditions under which this Agreement was entered into, the Scope of Services or the nature of the Project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such Documents and Data and other information within fifteen (15) days of the City's request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant :
Willdan Engineering
13191 Crossroads Parkway North, Suite 405
Industry, California 91746
Phone: (951 ) 454-3539
Attn: Albert Brady, Deputy Director of Building and Safety City:
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7286
Attn: City Manager
With a courtesy copy to:
City of Downey
City Attorney’s Office
11111 Brookshire Avenue
Downey, California 90241
Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensinq of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.
Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 10 3.5.5 Attorney's Fees. In the event of any litigation, whether in a court of law, administrative hearing, arbitration, or otherwise, arising from or related to this Agreement of the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorneys' fees and all other related expenses in such litigation.
3.5.6 Indemnification
3.5.6.1 General Indemnification. Except as provided in subdivision
3.5.6.2 below which is applicable to “design professionals” only, Consultant shall defend (with counsel acceptable to City), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, errors, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses. The Consultant’s duty to indemnify shall extend to any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity that Consultant and/or its personnel are employees of the City, have been misclassified as an independent contractors, or failed to pay any or all necessary state or federal withholdings and/or taxes. Consultant shall defend, at Consultant’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, and agents or volunteers. Consultant shall not be obligated to defend, indemnify or hold the City harmless in any manner whatsoever for any claims or liability arising solely out of the City's own negligent acts, errors or omissions or willful misconduct.
3.5.6.2 Design Professionals. The provisions of this subdivision
3.5.6.2 shall apply only in the event that Consultant is a "design professional" within the meaning of California Civil Code section 2782.8(c). If Consultant is a "design professional" within the meaning of Section 2782.8(c), then, notwithstanding subdivision 3.5.6.1 above, to the fullest extent permitted by law (including, without limitation, Civil Code sections 2782 and 2782.6), Consultant shall defend (with legal counsel reasonably acceptable to City), indemnify and hold harmless City and City’s officers, officials, employees, volunteers and agents from and against any Claim that arises out of, pertains to, or relates to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of 11 Consultant, any subconsultant, subcontractor or any other person directly or indirectly employed by them, or any person that any of them control, arising out of Consultant's performance of any task or service for or on behalf of City under this Agreement. The Consultant’s duty to indemnify shall extend to any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity that Consultant and/or its personnel are employees of the City, have been misclassified as an independent contractors, or failed to pay any or all necessary state or federal withholdings and/or taxes. Such obligations to defend, hold harmless and indemnify City or any City officers, officials, employees or volunteers shall not apply to the extent that such Claims are caused in part by the sole active negligence or willful misconduct of City or such City officers, officials, employees, volunteers and agents. Consultant's cost to defend City and/or City’s officers, officials, employees or volunteers against any such Claim shall not exceed Consultant's proportionate percentage of fault with respect to that Claim; however, pursuant to Civil Code section 2782.8(a), in the event that one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with City (and, if applicable, other parties) regarding any unpaid defense costs. To the extent Consultant has a duty to indemnify City or any City officers, officials, employees, volunteers and/or agents under this subdivision 3.5.6.2, Consultant shall be responsible for all incidental and consequential damages resulting directly or indirectly, in whole or in part, from Consultant's negligence, recklessness or willful misconduct.
3.5.7 Entire Aqreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be the courts in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer. Neither party shall assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the other party. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement 12 shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement.
All references to City include its elected officials, officers, employees, agents and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee , gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of any City Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
13 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be executed in counterparts, each of which shall constitute one and the same instrument.
3.5.23 Effect of Conflict
In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, any of its exhibits, attachments, purchase order, or notice to proceed, the provisions of this Agreement will govern and control.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Consultant shall require and verify that all subcontractors maintain insurance meeting all of the requirements set forth in this Agreement. Consultant shall ensure that City is an additional insured as required in Section 3.2.10.4. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 14 CITY OF DOWNEY,
a California municipal corporation
and charter city
WILLDAN ENGINEERING, INC.,
By:
Roger Bradley
City Manager
By:
Albert Brady
Its: Deputy Director of Building & Safety
Attest.'Attest:
M. Alicia DuaNe, CMC
City Clerk Secretary
Approved as to Form.Approved as to Form.
John M. Funk
City Attorney Legal Counsel
0119. 123859
15 CITY OF DOWNEY,
a California municipal corporation
and charter city
WILLDAN ENGINEERING, INC.,
By:
Roger Bradley
City Manager
By:
Its:
Albert Brady
Deputy Director of Kuilding & Safety
Attest :Attest.'
M. Alicia Duarte, CMC
City Clerk Secretary
Approved as to Form.Approved as to Form.
Cit9 Attorney Legal Counsel
0119.123859
15 Exhibit " IR'
Scope of Services and Compensation
Scope of Services
The Project shall consist of Willdan staff coordinating with the City of Downey Code Enforcement/Community Development Department and providing contract staff to the City. Willdan staff shall conduct inspections and re-inspections of code enforcement cases and will also identify and enforce all violations of the City’s municipal code, ordinances, laws, and all applicable statutes as directed by City personnel. Willdan employees shall issue notifications, letters, and citations when necessary to achieve compliance. Staff will be required to document all complaints received, and inspections conducted through photos, notes, and correspondence. In addition to the services mentioned above, Willdan employees would provide the following to the City as needed (this is not intended to be a comprehensive list):
•Investigate complaints from the public and staff regarding violations of the municipal codes, ordinances, standards, and health and safety regulations
• Initiate contact with residents, business representatives, and other parties to explain the nature of the violations and encourage voluntary compliance with municipal codes, zoning and land use ordinances, and community standards.
•Prepare notices of violation for non-compliance according to applicable codes and regulations. •Prepare reports for cases requiring legal action or civil abatement. •When required, meet with legal counsel, and provide testimony on criminal cases. •Maintain records of complaints, inspections, violation notices, and other field enforcement activities •Coordinate with City departments on cases as they relate to code enforcement. •Enforcement of City and State codes and regulations pertaining to illegal street vendors.
Compensation
Willdan will provide code enforcement contract staff services to the City of Downey for a flat hourly rate based on the Willdan hourly rate schedule below. Willdan’s all-inclusive hourly rates include project management oversight, vehicle and mileage, and all required insurance including professional liability. All rates and costs shall be effective through the term of the agreement.
SERVICE PROVIDED
Code Enforcement Officer
HOURLY RATE
$75/hour
Should Willdan be required to provide vehicles for the officers, an additional $10/hr will be added to the rate.
NOTE: Overtime rates of 1.5x the regular hourly rate will be charged for all overtime hours worked.
I