AGENDA
CITY COUNCIL/ SUCCESSOR
AGENCY TO THE FOUNTAIN
VALLEY AGENCY
FOR COMMUNITY DEVELOPMENT/
FOUNTAIN VALLEY HOUSING AUTHORITY
Closed Session 4:00 p.m.
Study Session 5:00 p.m.
Regular Meeting 6:00 p.m.
Tuesday, December 19, 2023
Council Chambers
10200 Slater Avenue
Fountain Valley, CA 92708
http://www.fountainvalley.org
MEETING ASSISTANCE: In compliance with the Americans with Disabilities Act, anyone needing special assistance to participate in a meeting of the government bodies listed herein should contact the City Clerk’s Office at (714) 593-4445. Notification 72 hours prior to the meeting allows the City to make reasonable arrangements to ensure accessibility to the meeting.
AGENDA COMMUNICATIONS: All revised or additional documents and writings related to an item on this agenda provided to all or a majority of the government body members after distribution of the agenda packet, are available for public inspection (1) in the City Clerk’s Office at 10200 Slater Avenue, Fountain Valley, CA 92708 during normal business hours; and (2) in the Council Chambers at the time of the meeting. Unless directed otherwise by a government body listed herein all actions shall be based on/memorialized by the latest document submitted as a late communication.
PUBLIC COMMENTS/PUBLIC HEARINGS: Persons wishing to address th e Cit y Counci lor othe r government body listed complete a speaker card and give it to the City Clerk prior to the public comment period. Requests to speak will not be accepted after the public comment session begins without permission of the Mayor/Chair. Speakers must limit remarks to a total of (3) three minutes and address the City Council through the Mayor. Comments to individuals or staff are not permitted. Scheduled Matters, including Public Hearings: Indicate on the card what item you want to address. Unscheduled Matters: Indicate on the card what subject matter you want to address. Comments must be related to issues that are within the jurisdiction of the governing body listed on the agenda. Pursuant to the Brown Act, the governing body may not enter into discussion regarding items not on the agenda.
CONSENT CALENDAR: All matters listed under the Consent Calendar are considered by the governing bodies listed herein to be routine and will be enacted on simultaneously with one motion without discussion unless separate action and/or discussion is requested by a governing body member, staff, or a member of the public.
PUBLIC HEARINGS: Persons wishing to speak in favor of or in opposition to a proposal are given an opportunity to do so during the public hearing. Those wishing to address a governing body during the hearing are requested to complete the speaker card and submit it to the City Clerk prior to the hearing. If a proposed action is challenged in court, there may be a limitation to raising only those issues raised during the hearing or in written correspondence received by the governing body at or before the hearing.
Note: The Fountain Valley City Council serves as the Successor Agency to the Fountain Valley Agency for Community Development (Successor Agency), the Fountain Valley Housing Authority, and the Fountain Valley Finance Authority. The Actions of the Successor Agency are separate and apart from the actions of the City Council.
ZOOM LINK INFORMATION
• Participants that choose to watch the City Council meeting through zoom are automatically placed in the waiting room and will only be allowed into the Zoom meeting if they request to make a public comment. In order to make a public comment, you will indicate through the chat feature which item you would like to speak on, and click on the “raise hand” icon to let the administrator know you wish to speak. • All participants are muted unless you are requesting to speak, at which time you will be allowed to unmute and make you comment.
• All public comments are allowed up to 3 minutes to speak.
Topic: City Council Meeting
Time: Dec 19, 2023 06:00 PM Pacific Time (US and Canada) Join Zoom Meeting
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CLOSED SESSION
CALL TO ORDER 4:00 p.m.
PUBLIC COMMENTS (Closed Session matters only)
Persons wishing to speak on a Closed Session matter are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period.
1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code §54957.6.
Agency Designated Representatives: City Manager, Maggie Le, Finance Director, Ryan Smith, Human Resources Director, Carrie Hanes, Community Development Director / Deputy City Manager, Omar Dadabhoy, Human Resources Manager, Tania Knauerhaze, Briana Laszlo, Payroll Administrator, Attorney for the City, Colin Burns Employee Organizations: Police Officers' Association (POA), Police Officers' Management Unit (POMU), Fire Association (FVFA), Fountain Valley Municipal Employees Association (Field Services unit), Fountain Valley General Employees Association (FVGEA), Fountain Valley Professional and Technical Employees (P&T), Individually Represented Battalion Chiefs and Individually Represented P&T (IRP&T)
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Boys & Girls Club: 16582 Brookhurst St, Fountain Valley, CA 92708., FOUNTAIN VALLEY CA 92708
Agency negotiator: Maggie Le, City Manager; Rob Frizzelle, Community Services Director; Scott Smith, Director of Public Works, Colin Burns, Attorney for the City Negotiating parties: Fountain Valley and Boys and Girls Club of HV Under negotiation: Price and terms of payment
3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 potential case)
STUDY SESSION
CALL TO ORDER 5:00 p.m.
PUBLIC COMMENTS (Study Session matters only)
Persons wishing to speak on a Study Session matter are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period.
1. Engagement Committee Presentation – Presentation by Meghan Wishner, Management Analyst and Jenni Worsham, Community Services Manager
2. Policy on Use of City Insignia – Presentation by Colin Burns, Attorney for the City
OPEN SESSION
CALL TO ORDER 6:00 p.m.
INVOCATION
SALUTE TO THE FLAG Vice Mayor Ted Bui
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members: Constantine, Cunneen, Harper, Vice Mayor/Vice Chair Bui, Mayor/Chair Grandis
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
CITY MANAGER / MAYOR UPDATE
PRESENTATIONS
• Presentation of Recognition to Public Works Employees – Presentation by Rob Frizzelle, Community Services Director
FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
The Unscheduled Matters Public Comments portion will last 15 Minutes at the beginning of the meeting. Any requests to speak on unscheduled matters after the initial 15 minutes, will be heard at the end of the meeting, unless the Mayor approves an extension of this time. If an individual speaks during the First unscheduled matters time period, they do not get to speak at the end of the meeting as well. Persons wishing to speak on an unscheduled matter are requested to identify themselves by completing a blue speaker and to give the card to the City Clerk. Each person will have up to 3 minutes to speak. The City Clerk will call upon those that wish to speak.
PUBLIC COMMENTS (Scheduled Matters Only)
Persons wishing to speak on Agenda item(s) are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period. Each person will be given up to 3 minutes to speak on the entire Consent Calendar, 3 minutes to speak on each item pulled from the consent calendar, and 3 minutes to speak on any agendized item(s) not appearing on the Consent Calendar.
CONSENT CALENDAR
Consent Calendar Items 1 – 8 will be approved simultaneously with one motion, unless separate action/or discussion is requested.
1. Waive the reading in full of all ordinances under consideration and direct the Mayor to read by titles only
2. Receive and File the Draft Minutes of the December 5, 2023 Regular City Council Meeting
3. Approve the Register of Demands for the period of 11/25/23 to 12/08/23 Page 12 Staff recommends Alternative No. 1 to approve the attached Register of Demands representing payments made by the City of Fountain Valley between 11/25/2023 and 12/8/2023 for a total of $1,629,771.09.
4. Approval for Professional Services Agreements with True North Compliance Services and The Code Group, Inc. dba VCA Code for on call Building Division staffing services and as-needed plan review services for the Building Division and Fire Prevention Page 23 Staff is recommending City Council approval of Alternative No. 1.
5. Award a contract to California Waters Development, Inc. in an amount not to exceed $40,380 for Water Feature Maintenance Services, effective January 1, 2024 through June 30, 2026.
Staff is requesting City Council award a contract to California Waters Development, Inc. in an amount not to exceed $40,380 for Water Feature Maintenance Services, effective January 1, 2024 through June 30, 2026.
6. Annual Report of the Planning Commission and the Planning Department Activities for FY 2022-23 Page 110
Staff recommends the City Council adopt Alternative No.1 to approve the FY 2022-23 Annual Planning Department Report as recommended by the Planning Commission and direct staff to transmit a copy to the Office of Planning Research and the Department of Housing and Community Development.
7. Accept the Final Map for Tract No. 19245 for the property located at 8572 Talbert Avenue
Staff is recommending that the City Council accept the final map for Tract No. 19245 for the property located at 8572 Talbert Avenue.
8. Second Reading and Adoption of Ordinances Approving: Zoning Map Amendment No. 437 to Change the Zoning Map Designation for Nine Properties; and Code Amendment No. 23-04 – An Amendment To Fountain Valley Municipal Code (FVMC) Sections 21.08, 21.14, and 21
Staff is requesting City Council approval of Alternative No. 1 to adopt the Ordinances of the City Council of the City of Fountain Valley approving Zoning Map Amendment No. 437 and Code Amendment No. 23-04 to amend Fountain Valley Municipal Code (FVMC) Sections
21.08, 21.14 and 21.17.
PUBLIC HEARINGS
Each person will have up to 3 minutes to speak on each Public Hearing.
9. Public Hearing and Introduction: Our Lady of Guadalupe Senior Housing Development Project - General Plan Amendment 22-01, Zoning Map Amendment 435, Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and Density Bonus and Affordable Housing Agreement – Report by Steven Ayers, Principal Planner Page 203 Staff is requesting City Council approval of Alternative No. 1 – Adopt the following Resolutions and Introduce the following Ordinance for adoption:
1. Adopt a Resolution approving a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) in accordance with the California Environmental Quality Act (CEQA) for General Plan Amendment No. 22-01, Zoning Map Amendment No. 435, Precise Plan No. 570, and a Density Bonus and Affordable Housing Agreement for the 29-Unit Senior Housing Development by Our Lady of Guadalupe located at 17103 Magnolia Street.
2. Adopt a Resolution approving General Plan Amendment No. 22-01 to change the Land Use Map Designation from General Commercial to High Density Residential for the property located at 17103 Magnolia Street.
3. Introduce an Ordinance approving Zoning Map Amendment No. 435 to change the zoning map designation from C1 – Local Business to R4 – High Density Multiple Dwelling for the property located at 17103 Magnolia Street.
4. Adopt a Resolution approving a Density Bonus and Affordable Housing Agreement for the Our Lady of Guadalupe Project.
ADMINISTRATIVE ITEMS
10. Approval of Professional Services Agreement with Townsend Public Affairs, Inc. for City-wide Grant Writing Services – Report by Meghan Wishner, Management Analyst Page 484 Staff is recommending that City Council approval of Alternative No. 1: Accept proposal and execute contract for the professional services agreement with Townsend Public Affairs for a two (2) year term with an optional one (1) year extension as the contracted grant consultant for the City of Fountain Valley.
11. Approve Amendment No. 7 to Contract 18-18 (Munis CON 1146) with Psomas for an amount not-to-exceed $175,000 for continued project management, design review, and construction management services related to the I-405 Improvement Project. – Report by Temo Galvez, Deputy Public Works Director Page 531
Staff recommends that the City Council approve Alternative No. 1, which is to approve Amendment No. 7 to Contract 18-18 (Munis CON 1146) with Psomas for an amount not-toexceed $175,000 for project management, design review, and field observation of improvements related to the I-405 Improvement Project for the period January 2024 through August 2024.
12. City of Fountain Valley Six Month Strategic Objectives Adoption for November 16, 2023 through May 23, 2024 – Report by Maggie Le, City Manager Page 545 Staff recommends that the City Council approve Alternative No. 1. - Adopt the six-month strategic objectives matrix for November 16, 2023 through May 23, 2024.
APPOINTMENTS
13. Mayoral Appointments of Council Members and Staff to Outside Committees
COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
SECOND CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Persons wishing to speak on an unscheduled matter are requested to identify themselves by completing a blue speaker and to give the card to the City Clerk. Each person will have up to 3 minutes to speak. The City Clerk will call upon those that wish to speak.
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL
COMMENTS
ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR
AGENCY/HOUSING AUTHORITY
The next Regular Meeting of the Fountain Valley City Council is January 16, 2024 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.
City of Fountain Valley
Memorandum
TO: Honorable Mayor and City Council
FROM: The Employee Engagement Committee
DATE: December 19, 2023
SUBJECT: Study Session on Strategic Plan Objective: Attract & Retain Quality Staff Through Best Practices and Trends
______________________________________________________________________________ EXECUTIVE SUMMARY:
The City Council and Executive Team developed a Strategic Plan goal: Attract and Retain Quality Staff with the following 3 objectives:
• Present results from Engagement Team – Increase engagement of staff for teambuilding, equity, inclusion, retention, and morale. • Staff to identify creative solutions and options to address the current trends in the workforce and labor market that are having a negative impact on recruitment and retention efforts.
• Present to City Council suggested improvement to the hiring and onboarding process.
DISCUSSION:
The Employee Engagement Committee first brought this item to City Council as a Study Session item at the June 6, 2023, City Council meeting. The City Council directed staff to come back with a priority list of what would benefit the organization as a whole. With that direction, the Employee Engagement Team was restructured and assigned to complete the task of prioritizing the initial list and bringing it back to City Council at the December 19, 2023, City Council meeting. Based on the survey that was released to City staff and the overall research findings of the committee, the strategies that were identified as a priority are as follows:
• Professional Development
o Leadership Programs
o Tuition Reimbursement & Scholarships
• Flexible Work Schedules & Telework
• Employee Morale & Retention
The Employee Engagement Committee intends to go more in depth on each strategy during their Study Session presentation to City Council on December 19, 2023. Staff is seeking City Council’s support.
City of Fountain Valley
Memorandum
TO: Honorable Mayor and City Council
FROM: Attorney for the City
DATE: December 19, 2023
SUBJECT: Study Session on Policy for Use of City Insignia ____________________________________________________________________________ EXECUTIVE SUMMARY:
Requests were made for a Policy on the use of City Insignia, including the City Seal, City Logo, City Letterhead, City Emblems, website banner, and Social Media Sites; as well as the use of other City data such as email lists.
DISCUSSION:
The elected position of City Council Member is an important public office that requires communication with the public. That communication generally requires identification of oneself as a Council Member which, in turn, can involve the use of the City Seal, City Logo, or other City Insignia.
When using City Insignia, officials want to be aware of concerns regarding mass mailings, use of public resources, and avoiding the appearance that one is acting on behalf of the entire Council or City when one is, instead, opining as an individual Council Member.
Further, it is desirable to have a uniform set of guidelines as to how Council Members use City resources and City Insignia in their communication with the public. These topics will be addressed during the Study Session.
Staff is seeking City Council’s direction on a Policy for Use of City Insignia.
MINUTES OF THE
CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN
VALLEY AGENCY
FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY
HOUSING AUTHORITY
Closed Session 5:30 p.m.
Regular Meeting 6:00 p.m.
Tuesday, December 5, 2023
Council Chambers
CLOSED SESSION
CALL TO ORDER 5:30 p.m.
PUBLIC COMMENTS (Closed Session matters only)
There were no public comments
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Boys & Girls Club: 16582 Brookhurst St, Fountain Valley, CA 92708., FOUNTAIN VALLEY CA 92708
Agency negotiator: Maggie Le, City Manager; Rob Frizzelle, Community Services Director; Scott Smith, Director of Public Works, Colin Burns, Attorney for the City Negotiating parties: Fountain Valley and Boys and Girls Club of HV Under negotiation: Price and terms of payment
Vice Mayor Glenn Grandis recused himself from the Closed Session Discussion.
There was no report as the item was not discussed
OPEN SESSION
CALL TO ORDER 6:01 p.m.
INVOCATION Rabbi Stephen Einstein
SALUTE TO THE FLAG Council Member Patrick Harper
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members Present: Cunneen, Harper, Mayor Pro Tem/Vice Chair Grandis, Mayor/Chair Constantine
Council Members Absent: None
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
None
PRESENTATIONS
Certificate of Recognition to Tuan Nguyen for obtaining his Eagle Scout Award This item was skipped as Tuan Nguyen was not present to receive the certificate. Presentation to Outgoing Mayor Constantine from Outside Agencies Senator Janet Nguyen
Congresswoman Michelle Steel
Assemblyman Tri Ta
Fountain Valley Chamber of Commerce
Representatives for Senator Janet Nguyen, Congresswoman Michelle Steel, Assemblyman Tri Ta and The Fountain Valley Chamber of Commerce presented Mayor Constantine with Certificates of Recognition for her service as the Mayor of Fountain Valley. Presentation to Outgoing Mayor Constantine by Vice Mayor Grandis Vice Mayor Grandis recognized Mayor Constantine for her past year as the Mayor of Fountain Valley.
Comments by Outgoing Mayor Constantine
Mayor Constantine thanked the residents and staff for such a great year and thanked the City Council for working so well together over the year. Election of Mayor and Vice Mayor
The City Council voted 5-0 in favor of Council Member Glenn Grandis as the next Mayor for the City of Fountain Valley
The City Council voted 5-0 in favor of Council Member Ted Bui as the next Vice Mayor for the City of Fountain Valley
Comments by the New Mayor
Mayor Glenn Grandis thanked the City Council for their trust in him in voting him as the next Mayor. He also thanked the residents and staff for their support.
RECESS FOR REFRESHMENTS
Mayor Grandis called for a brief recess at 6:48 p.m.
RECONVENE AND CALL TO ORDER
Mayor Grandis reconvened the City Council meeting at 7:00 p.m.
PRESENTATION
PRESENTATION
1. Presentation from the Kiwanis Club of a Donation for the Universally Acceptable Playground Representatives from the Kiwanis Club presented Mayor Grandis with a donation check to be used towards the cost of the Universally Accepted Playground
FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Michael Vo, Katy Wright, Erik Schuman, Richard Shaker and Jaye Towne
CONSENT CALENDAR
Consent Calendar Items 1 – 3 were approved simultaneously. Item number 6 was pulled from the Consent Calendar and heard as a separate item under the Administrative Items portion of the agenda
1. Receive and File the Draft Minutes for the November 21, 2023 Special City Council Meeting ACTION: Move to Receive and File the Draft Minutes for the November 21, 2023 Special City Council Meeting
MOTION: Constantine SECOND: Harper
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
2. Receive and File the Draft Minutes of the November 21, 2023 Regular City Council Meeting ACTION: Move to Receive and File the Draft Minutes for the November 21, 2023 Regular City Council Meeting
MOTION: Constantine SECOND: Harper
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
3. Approve the Register of Demands for the period of 11/11/2023 to 11/24/2023 ACTION: Move to Approve the Register of Demands for the period of 11/11/2023 to 11/24/2023
MOTION: Constantine SECOND: Harper
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
ADMINISTRATIVE ITEMS
4. 1) Approve the Agreement with the Municipal Water District of Orange County (MWDOC) for sharing consultant costs for completion of initial Lead and Copper Rule Revisions (LCRR) Lead Service Line Inventory in the amount of $160,070; and 2) Grant the Public Director the authority to approve additional work that may be needed to achieve compliance up to an aggregate contingency amount of $50,000.
ACTION: Move to Approve the Agreement with the Municipal Water District of Orange County (MWDOC) for sharing consultant costs for completion of initial Lead and Copper Rule Revisions (LCRR) Lead Service Line Inventory in the amount of $160,070; and 2) Grant the Public Director the authority to approve additional work that may be needed to achieve compliance up to an aggregate contingency amount of $50,000.
MOTION: Constantine SECOND: Cunneen
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
None
CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
None
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS Vice Mayor Bui
November 2 Attended Fountain Valley Appreciation Lunch
November 10 Attended the Business Roundtable hosted by Congresswoman Michelle Steel November 13 Attended the Town Hall Meeting on the dangers of Fentanyl November 16 Attended the Strategic Planning Session
December 1 Attended the 405 Freeway Opening
December 2 Attended the Tree Lighting
December 4 Attended the CBC meeting with Senator Janet Nguyen regarding the border crisis.
Council Member Cunneen
December 1 Attended the 405 Freeway Opening
December 2 Attended the Tree Lighting
Mayor Grandis
November 25 Attended the Sports Basement Recognition
November 28 Attended the Boys and Girls Club Board Meeting November 29 Attended the ACCOC Holiday Mixer
December 1 Attended the 405 Freeway Opening
December 2 Attended the Tree Lighting and Menorah Lighting December 3 Attended the Feed the Troops event held by the Kiwanis and the Fountain Valley School Association Festival of Trees
December 4 Attended the Police Volunteer Lunch and the Fountain Valley Schools Board Meeting
December 5 Attended the Ribbon Cutting of the Stroke Center at Fountain valley Regional Hospital and the Police Department Badge Ceremony
Council Member Constantine
November 28 I watched the Orange County Board of Supervisors Meeting on the County’s website, then attended the GVHRA (Green Valley Homeowners Recreation Association) Monthly Board Meeting in the Green Valley Family Clubhouse.
November 29 Attended the “Senior Scams Workshop” hosted by Assembly Member Tri Ta at the Garden Grove Community Center. It was 2 hours of very informative material, then attended the ACCOC (Association of California Cities Orange County 2023 Annual Business Meeting followed by the Orange County Regional Holiday Reception at Strawberry Farms Golf Club in Irvine.
November 30 I watched an hour of the Measure HH Advisory Oversight Committee Meeting on Zoom, as I was driving back to Fountain Valley, then attended the last hour and a half in person at Fountain Valley City Hall.
December 1 Attended the I-405 Improvement Project Dedication Event at the IKEA, Costa Mesa parking lot, then greeted attendees at the “Winter Dance” presented by the Fountain Valley Advisory Committee for Persons with Disabilities at the Fountain Valley Community and Senior Center.
December 2 Attended the Friends of the Fountain Valley Library Holiday Gift & Bake Shoppe Sale at the Fountain Valley Library, then watched the Livable California Workshop “Your Input to What We Want” on Zoom, then attended the Urban Plates grand opening, and in the evening I participated in the Annual Tree Lighting presented by our Recreation and Community Services Department at the Fountain Valley Sports Park. There were thousands in attendance enjoying all the offerings and a great fireworks show, too.
Council Member Harper
December 1 Attended the 405 Freeway Opening
November 2 Attended the Tree Lighting Ceremony
ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING
AUTHORITY
Mayor Grandis adjourned the meeting at 7:36 pm to the next Meeting of the Fountain Valley City Council on December 19, 2023 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.
________________________________________________________________________________________________________________________________ Glenn Grandis, Mayor
Attest:
___________________________
Rick Miller, City Clerk
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: December 19, 2023
Members of the City Council
SUBJECT: City of Fountain Valley Register of Demands for the period of 11/25/2023 to 12/8/2023
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☒ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City ☐ Not applicable
EXECUTIVE SUMMARY:
Attached is the Register of Demands for the City of Fountain Valley to be ratified by the City Council.
DISCUSSION:
Pursuant to the State of California’s Government Code 37201 through 37210, the Director of Finance or their designated representative hereby certify to the accuracy of the following demands and to the availability of funds for payment thereof. Demands paid by the city shall be inspected and ratified by the legislative body on the next available Council agenda. The Finance Department has prepared the attached Register of Demands summarizing the City's payments released since the previous City Council meeting.
FINANCIAL ANALYSIS:
The attached Register of Demands represents payments made by the City of Fountain Valley between 11/25/2023 and 12/8/2023 for a total of $1,629,771.09.
ATTORNEY REVIEW:
The Attorney for the City reviewed this staff report and concurs with the recommended action.
PUBLIC NOTIFICATION:
Not applicable.
Register of Demands
December 19, 2023
ALTERNATIVES:
Alternative No. 1: Approve the attached Register of Demands.
Alternative No. 2: Do not approve as presented and provide direction to staff.
RECOMMENDATION:
Staff recommends Alternative No. 1 to approve the attached Register of Demands representing payments made by the City of Fountain Valley between 11/25/2023 and 12/8/2023 for a total of $1,629,771.09.
Prepared by: Ryan Smith, Finance Director
Reviewed by: Colin Burns, City Attorney
Approved by: Maggie Le, City Manager
Attachment 1: Register of Demands 11/25/2023 to 12/8/2023.
City Of Fountain Valley
Register of Demands
11/25/2023 - 12/8/2023
Department
Check
Date Vendor Description Doc #
Check/ACH
# Amount
10010103 OFFICE OF CITY MANAGER
PHOTOGRAPHY 19871 2308651 30.00
VIDEO PRODUCTION 19873 2308651 660.00
12/06/23 TRIPEPI, SMITH
12/06/23 TRIPEPI, SMITH
12/05/23 REVA FELDMAN, LLC INITIAL PAYMENT FOR CONSULTING SERVICES 20264 1380 2,400.00 TOTAL OFFICE OF CITY MANAGER 3,090.00
10020200 HUMAN RESOURCES
11/29/23 BERLITZ LANGUAGES, I OCTOBER HR DEPT BI-LINGUAL PROFICIENCY 20228 2308505 220.00 11/29/23 DEPARTMENT OF JUSTIC OCTOBER 2023 HR PARTIAL PMT 20247 2308515 32.00 12/06/23 JL GROUP, LLC CL 22-161340 INVESTIGATIVE SERVICES 20391 2308608 3,382.10 11/29/23 CONCENTRA MEDICAL CE OCCUPATIONAL MEDICAL SERVICES(11/08/23 - 20267 2308510 2,508.15 11/29/23 AMAZON AMAZON INV 1HYH-19HY-LTWK 19991 1358 45.11 11/29/23 AMAZON EMPLOYEE SERVICE AWARDS 16HJ-TQVV-HRL1 19992 1359 211.79 11/29/23 THE INTERSECT GROUP TEMP SERVICES (11/12/2023 - 11/18/2023) 19993 2308575 1,599.04 11/29/23 AMAZON EMPLOYEE SERVICE AWARDS 143Y-N6PY- 20001 1360 80.66 12/06/23 HEALTH DIMENSIONS CORP AGREEMENT HEALTH DIMENSIONS 2024 20298 2308607 2,800.00 12/06/23 EXPERIAN PRE-EMPLOYMENT CREDIT CHECKS 20384 2308594 14.72 12/06/23 SHRED-IT USA LLC HR DEPT SHRED-IT STERICYCLE SERVICE(11/1 20420 2308634 232.66 12/06/23 GARON WYATT INVESTIG WC INVESTIGATION SERVICES 20389 2308597 9,271.56 12/06/23 COASTAL MARQUEE EMPLOYEE SERVICE AWARD DECOR 20394 2308587 120.00 TOTAL HUMAN RESOURCES 20,517.79
10030300 PLANNING
11/29/23 AMAZON OFFICE SUPPLIES 1RW9-Q3X1-TQQ4 20003 1357 251.00 12/06/23 VERIZON WIRELESS 11/26-12/25 PLANNING, BLDG, CDBG CE CELLS 20462 2308653 161.82 TOTAL PLANNING 412.82
10030301 BUILDING & SAFETY
11/29/23 GRM INFORMATION MANA GRM SCANNING 20268 2308538 3,682.13 11/29/23 GRM INFORMATION MANA GRM SCANNING/STORAGE 20269 2308538 298.35 11/29/23 AMAZON OFFICE SUPPLIES 1RW9-Q3X1-TQQ4 20003 1357 102.09 12/06/23 VERIZON WIRELESS 11/26-12/25 PLANNING, BLDG, CDBG CE CELLS 20462 2308653 202.50 TOTAL BUILDING & SAFETY 4,285.07
10050500 ENGINEERING
12/06/23 INTERWEST CONSULTING PLAN CHECKING SERVICES 7/1 - 7/31/23 19833 1383 9,150.00 12/06/23 INTERWEST CONSULTING PLAN CHECKING SERVICES 8/1 - 8/31/23 19834 1383 8,475.00 12/06/23 INTERWEST CONSULTING PLAN CHECKING SERVICES (SEPTEMBER 2023 19838 1383 7,575.00 TOTAL ENGINEERING 25,200.00
10050503 STREET LIGHTING
12/06/23 YUNEX, LLC TRAFFIC SIGNAL MAINTENANCE - JULY 2023 19848 2308658 3,132.00 12/06/23 YUNEX, LLC TRAFFIC SIGNAL MAINTENANCE - AUGUST 2023 19851 2308658 3,132.00
12/06/23 YUNEX, LLC TRAFFIC SIGNAL CALL OUTS - AUGUST 2023 19852 2308658 2,382.00 12/06/23 YUNEX, LLC TRAFFIC SIGNAL MAINTENANCE SEPTEMBER 19854 2308658 3,132.00 TOTAL STREET LIGHTING 11,778.00
10050551 TREE MAINTENANCE
11/29/23 GREAT SCOTT TREE SER TRIMMING OF NEWLAND NATURE TRAIL 19958 2308537 3,260.48 11/29/23 GREAT SCOTT TREE SER EMERGENCY REMOVAL OF TREE LIMBS "EXTRA 19941 2308535 1,282.56 11/29/23 GREAT SCOTT TREE SER EMERGENCY LIMB REMOVAL PLAVAN PARK 19951 2308536 320.64 11/29/23 MONROE PACIFIC WHOLE TREES FOR NOVEMBER 19940 2308554 269.38 TOTAL TREE MAINTENANCE 5,133.06
10050552 PARK MAINTENANCE
11/29/23 IMPERIAL SPRINKLER S IRRIGATION RESTOCK FOR PARKS 19955 2308543 1,046.07 11/29/23 MERCHANTS LANDSCAPE CIVIC FACILITIES LANDSCAPE MAINTENANCE 19960 2308548 2,940.03 11/29/23 MERCHANTS LANDSCAPE PARKS LANDSCAPE MAINTENANCE OCTOBER 19971 2308551 19,096.80 11/29/23 MERCHANTS LANDSCAPE "EXTRA WK" LOS ALAMOS PK WATER 19972 2308552 2,880.00 11/29/23 NATIONAL VISUAL SYST REPLACEMENT LETTER "R" AT HARPER PARK 19956 2308558 298.18 11/29/23 IMPERIAL SPRINKLER S REPLACEMENT QUICK COUPLER FOR SC 19942 2308539 423.23 TOTAL PARK MAINTENANCE 26,684.31
10050554 PAVEMENT MAINTENANCE
11/29/23 GOLDSTAR ASPHALT PRO SAND FOR TROPICAL STORM HILARY 20245 2308523 1,827.00 11/29/23 GOLDSTAR ASPHALT PRO SAND FOR TROPICAL STORM HILARY 20246 2308524 1,827.00 11/29/23 GOLDSTAR ASPHALT PRO SAND FOR TROPICAL STORM HILARY 20248 2308525 1,827.00 11/29/23 GOLDSTAR ASPHALT PRO SAND FOR TROPICAL STORM HILARY 20249 2308526 1,827.00 11/29/23 GOLDSTAR ASPHALT PRO SAND FOR TROPICAL STORM HILARY 20250 2308527 1,827.00 11/29/23 GOLDSTAR ASPHALT PRO SAND FOR TROPICAL STORM HILARY 20251 2308528 1,827.00 12/06/23 GOLDSTAR ASPHALT PRO SAND BAGS FOR TROPICAL STORM HILARY 20345 2308600 2,175.00 12/06/23 GOLDSTAR ASPHALT PRO SAND BAGS FOR TROPICAL STORM HILARY 20346 2308601 2,175.00 11/29/23 RED WING BUSINESS AD SAFETY BOOTS-D.P. 19937 2308560 215.00 12/06/23 GOLDSTAR ASPHALT PRO SAND FOR TROPICAL STORM HILARY 20271 2308599 1,827.00 12/06/23 VULCAN MATERIAL COMP PARKWAY REPAIR-9470 ELLIS 20341 2308654 535.33 12/06/23 VULCAN MATERIAL COMP SAN LUIS ALLEY REPAIR 20342 2308655 548.35 12/06/23 VULCAN MATERIAL COMP SIDEWALK RAMP VARIOUS LOCATIONS 20343 2308656 120.00 12/06/23 HANSON AGGREGATES, L SAND FOR SECOND STORM IN NOV 2023 20270 2308606 1,966.08 TOTAL PAVEMENT MAINTENANCE 20,523.76
10050555 STORM DRAIN MAINT
12/06/23 RED WING BUSINESS AD SAFETY BOOTS- KOSALKA 20427 2308627 215.00 12/06/23 RED WING BUSINESS AD SAFETY BOOTS- PENDLETON 20425 2308627 215.00 TOTAL STORM DRAIN MAINT 430.00
10050557 STREET SWEEPING
12/06/23 SCA OF CA, LLC STREET SWEEPING CON-20-20 OCTOBER 2023 20344 1384 33,122.20 TOTAL STREET SWEEPING 33,122.20
10050558 RECREATION CENTER
11/29/23 GRAINGER, INC. ORANGE FENCING FOR PLANTER ALONG DG 19952 2308531 323.76 11/29/23 IRVINE PIPE & SUPPLY IRRIGATION PART FOR SPORTS PARK 19953 2308544 76.15 11/29/23 SAKIOKA WHOLESALE NU PLANT MATERIAL FOR SP 19946 2308563 3,189.40 11/29/23 SAKIOKA WHOLESALE NU PLANT MATERIAL FOR SPORTS PARK 19954 2308564 538.75
11/29/23 MERCHANTS LANDSCAPE FERTIGATION SYSTEM MAINTENANCE 19968 2308549 978.80 11/29/23 MERCHANTS LANDSCAPE SPORTS PARK LANDSCAPE MAINTENANCE
19970 2308550 35,889.48
11/29/23 IMPERIAL SPRINKLER S IRRIGATION REPAIR SUPPLIES 19948 2308542 1,777.63 12/06/23 ZUMAR INDUSTRIES, IN SIGNS FOR UNIVERSALLY ACCESSIBLE 20272 2308659 533.74 11/29/23 GRAINGER, INC. ZIP TIES FOR ORANGE FENCE ALONG DG PATH 19950 2308530 93.46 11/29/23 GRAINGER, INC. ORANGE FENCE FOR DG PATH 19949 2308529 925.03 11/29/23 IMPERIAL SPRINKLER S TOOLS 19945 2308541 401.97 11/29/23 IMPERIAL SPRINKLER S TARPS TO COVER MATERIALS FOR STOCK PILE 19944 2308540 135.05 TOTAL RECREATION CENTER 44,863.22
10060600 FIRE SUPPRESSION
11/29/23 AT&T MOBILITY FIRE CELL PHONES 10.9.23 - 11.8.23 19925 2308501 185.16 11/29/23 AT&T MOBILITY FIRE BACK UP CELLS - 10.9.23 - 11.8.23 19926 2308502 120.72 11/29/23 SOUTH COAST EMERGENC APPARATUS MAINTENANCE AND REPAIR - 19927 1375 1,360.00 11/29/23 ANTOUN, NATHAN ANTOUN REIMBURSEMENT - INSTRUCTOR 1 19924 1361 460.00 TOTAL FIRE SUPPRESSION 2,125.88
10060602 AMBULANCE SERVICES
11/29/23 CARE AMBULANCE AMBULANCE SERVICE CONTRACT - 10.31.23 - 19938 1362 45,813.88 11/29/23 TELEFLEX FUNDING, LL MEDICAL SUPPLIES 19929 2308570 1,211.75 11/29/23 BOUND TREE MEDICAL MEDICAL SUPPLIES 19934 2308506 1,414.64 11/29/23 BOUND TREE MEDICAL MEDICAL SUPPLIES 19933 2308506 181.54 11/29/23 BOUND TREE MEDICAL MEDICAL SUPPLIES 19935 2308506 1,250.23 11/29/23 LIFE ASSIST MEDICAL SUPPLIES 19928 2308546 447.76 11/29/23 BOUND TREE MEDICAL MEDICAL SUPPLIES 19932 2308506 646.17 11/29/23 LIFE ASSIST MEDICAL SUPPLIES 19936 2308546 767.60 11/29/23 CARE AMBULANCE AMBULANCE SERVICE CONTRACT - 11.14.23 - 19939 1362 45,813.88 TOTAL AMBULANCE SERVICES 97,547.45
10060603 FIRE PREVENTION
11/29/23 AT&T MOBILITY FIRE CELL PHONES 10.9.23 - 11.8.23 19925 2308501 45.03 TOTAL FIRE PREVENTION 45.03
10070700 PATROL
12/06/23 CALIF FORENSIC PHLEB BLOOD DRAWS - AUGUST 2023 18724 2308584 2,080.00 11/29/23 NATIONAL TRAINING CO TUITION TACTICAL WEAPONS OPERATOR - 20254 2308557 548.00 11/29/23 CITY NET OUTREACH SERVICES - OCTOBER 2023 20234 2308507 26,753.02 11/29/23 GALLS, LLC B. BONILLA UNIFORM 20238 2308522 357.54 11/29/23 GALLS, LLC RECRUIT HO ACADEMY SUPPLIES 20239 2308522 875.86 11/29/23 GALLS, LLC RECRUIT S. NGUYEN ACADEMY SUPPLIES 20240 2308522 948.67 11/29/23 GALLS, LLC RECRUIT S. NGUYEN ACADEMY SUPPLIES 20283 2308522 91.27 11/29/23 AMAZON NAME TAGS/LABELS - 1QPD-M7X6-3RDV 20232 1357 311.13 11/29/23 DELTA GLOVES DEPARTMENT GLOVES 20275 2308513 2,131.80 11/29/23 GALLS, LLC RECRUIT HO ACADEMY SUPPLIES 20280 2308522 91.59 11/29/23 GALLS, LLC RECRUIT HO ACADEMY SUPPLIES 20281 2308522 129.61 11/29/23 GALLS, LLC RECRUIT HO ACADEMY SUPPLIES 20282 2308522 91.27 11/29/23 AMAZON 2024 DESK CALENDARS - 1QPD-M7X6-4TFN 20231 1357 304.80 11/29/23 COPWARE, INC CALIFORNIA PEACH OFFICERS LEGAL 20243 2308511 115.00 TOTAL PATROL 34,829.56
10070701 INVESTIGATION
11/29/23 SRN SYSTEMS, INC BARRIER SYSTEM 20224 2308569 2,908.72 11/29/23 THOMSON REUTERS WEST PUBLC RECORDS SEARCHES - OCTOBER 2023 20237 2308576 584.18 11/29/23 DEPARTMENT OF JUSTIC PARTIAL PAYMENT OF PD LIVE SCANS - OCT 20226 2308514 106.00 TOTAL INVESTIGATION 3,598.90
10070703 CANINE
11/29/23 COMMUNITY VETERINARY KP POMIX MED SERVICES 11/9/23 20225 2308509 260.25 11/29/23 COMMUNITY VETERINARY K9 POMIX MED SERVICES 11/14/23 20276 2308509 104.00 11/29/23 COMMUNITY VETERINARY KP POMIX BOARDING 11/17/23 9 DAYS 20278 2308509 753.00 TOTAL CANINE 1,117.25
10070707 CRIME PREVENTION
11/29/23 AMAZON BATTERIES - 1THR-6W4P-CRXL 20227 1357 37.54 11/29/23 AMAZON GIFT BAGS/TISSUE PAPER - 1THR-6W4P-9CQL 20229 1357 29.29 11/29/23 AMAZON TISSUE PAPER - 1T4J-LKRL-7WHV 20230 1357 10.86 TOTAL CRIME PREVENTION 77.69
10070708 RANGE
11/29/23 CITY OF WESTMINSTER RANGE FEES - OCTOBER 2023 20279 2308508 1,209.00 11/29/23 ADKINS, BERTRUM A. RANGEMASTER SERVICES - NOVEMBER 2023 20233 1356 875.00 TOTAL RANGE 2,084.00
10080800 RECREATION CENTER
11/29/23 SPARKLETTS WATER FOR STAFF 19980 2308568 39.96 11/29/23 AMAZON 1VV6-6399-T1V4 - OFFICE SUPPLIES RC/ 19979 1357 102.18 11/29/23 MANHATTAN STITCHING RC UNIFORMS 19976 2308547 372.82 11/29/23 ULINE RC SUPPLIES - ZIPTIES 19981 2308578 395.65 12/06/23 EXPERIENCE AUDIO VID REPAIR ON AUDIO EQUIPMENT IN REC CENTER 20311 2308595 155.00 TOTAL RECREATION CENTER 1,065.61
10080801 ATHLETICS
12/06/23 D&B UMPIRES ADULT SOFTBALL LEAGUE UMPIRES (16) 20310 2308589 366.00 TOTAL ATHLETICS 366.00
10080802 FIELD OPERATIONS
12/06/23 SITEONE LANDSCAPE SU (132) Bags of Field Product for Ball Fields 19248 2308636 1,943.40 12/06/23 SITEONE LANDSCAPE SU (3)Quick Couplers and (3) Nozz for ball fields 19249 2308636 290.13 TOTAL FIELD OPERATIONS 2,233.53
10080810 SENIOR & COMM CENTER
11/29/23 AMAZON OFFICE SUPPLIES 17P1-XFL3-6HN6 20212 1357 22.06 11/29/23 AMAZON SPECIAL EVENT SUPPLIES FOR HOLIDAY 20213 1357 216.59 TOTAL SENIOR & COMM CENTER 238.65
10080820 CONTRACT CLASSES
11/29/23 AMAZON 17RW-7L66-HMXW - PLANNERS FOR STAFF 19977 1357 82.41 12/06/23 ELYSIAN ARTS & EVENT INSTRUCTOR PAYMENT 20437 1381 1,805.70 12/06/23 FOX, CAROLYN J. INSTRUCTOR PAYMENT 20438 1382 775.32 12/06/23 THE RINKS WESTMINSTE INSTRUCTOR PAYMENT 20440 1385 42.00 TOTAL CONTRACT CLASSES 2,705.43
10080821 SPECIAL EVENTS
11/29/23 AMAZON 1JKP-QFQ4-NMPC TREE LIGHTING RIBBON 19978 1357 251.40
11/29/23 DJE SOUND & LIGHTING ENTERTAINMENT SOUND/STAGE TREE 19982 2308516 9,168.17 11/29/23 THE FUN COMPANY CHRISTMAS TREE LIGHTING 2023 TRAIN 19983 2308572 1,300.00 11/29/23 SANTA HATZ CHRISTMAS TREE LIGHTING 2023 19984 2308565 875.00 11/29/23 THE GREEN ANGELS PRI SCURITY FOR TREE LIGHTING 2023 19985 2308573 360.00 11/29/23 BEARCOM RADIOS FOR TREE LIGHTING 2023 19986 2308504 467.66 12/06/23 QUANTUM SIGNS & GRAP BANNERS FOR TREE LIGTHING 20459 2308626 1,120.13 TOTAL SPECIAL EVENTS 13,542.36
11010050 ISF IS ADMIN CAPITAL
12/06/23 FREEMAN, RICHARD FREEMAN - DOMAIN NAME REGISTRATION 20337 2308596 35.00 11/29/23 TYLER TECHNOLOGIES TYLER MUNIS MAINTENANCE (7/1/2023- 20259 2308577 147,110.28 12/06/23 CMS SOLUTIONS CMS SOLUTIONS - WORK ORDER MAC TICKET 20293 2308586 157.50 12/06/23 TYLER TECHNOLOGIES TYLER TECH INSITE TRANSACTION FEE, 20299 2308652 2,456.25 11/29/23 AXON ENTERPRISE, INC AXON ENTERPRISE BODY WORN CAMERAS - 20004 2308503 193,566.28 12/06/23 COMPUTER SOLUTIONS POLICE UPS REPLACEMENT 20392 2308588 32,434.41 11/29/23 ADVANCED OFFICE / IN CONTRACT M-22588 OVERAGE 9/26 - 10/25/23 19897 2308499 604.29 11/29/23 ECKERSALL, LLC ECKERSALL XY MAPS 7/1/23-6/30/24 20005 1363 6,000.00 11/29/23 THE INTERSECT GROUP THE INTERSECT GROUP - J. A. (11/12/23) 19878 2308574 1,640.00 11/29/23 THE INTERSECT GROUP THE INTERSECT GROUP TEMP - D. Z. (11/12/23) 19879 2308574 3,280.00 11/29/23 THE INTERSECT GROUP THE INTERSECT TEMP - C. M. (11/12/23) 19880 2308574 1,695.60 11/29/23 THE INTERSECT GROUP The Intersect Group Temp - Christiana M. 11/19/23 20215 2308574 1,059.75 11/29/23 THE INTERSECT GROUP THE INTERSECT GROUP TEMP - D. P. 11/19/23 20216 2308574 1,599.00 11/29/23 THE INTERSECT GROUP THE INTERSECT GROUP TEMP - D. Z. 11/19/23 20217 2308574 3,200.00 12/06/23 THE INTERSECT GROUP THE INTERSECT GROUP TEMP - D. Z. 11/26/23 20349 2308650 1,920.00 12/06/23 THE INTERSECT GROUP THE INTERSECT GROUP TEMP - C. M. 11/26/23 20351 2308650 1,017.36 12/06/23 CMS SOLUTIONS 11/29 BRIDGED EXTENTION #218 & MOVED #347 20363 2308585 172.50 TOTAL ISF IS ADMIN CAPITAL 397,948.22
11110000 ISF GB CITY HALL
11/29/23 FRONTIER COMMUNICATI FRONTIER METRONET 11/1-11/30/23 19967 2308521 516.86 11/29/23 OFFICE FURNITURE CON HR WALLS AND FINANCE REPLACEMENT 20219 1373 10,654.24 11/29/23 GRAINGER, INC. NEW ICE SCOOP FOR KITCHEN ICE MACHINE 20000 2308534 55.10 12/06/23 DMS FACILITY SERVICE AMENDMENT TO JANITORIAL SERVICES- 20359 2308592 106.07 12/06/23 DMS FACILITY SERVICE AMENDMENT FOR NOVEMBER -JANITORIAL 20365 2308593 106.07 12/06/23 ROAD RUNNER EXTERMIN MONTHLY PEST CONTROL 20371 2308632 72.00 12/06/23 SMARDAN SUPPLY CO. PLUMBING PART FOR CITY HALL KITCHEN 20452 2308639 4.37 12/06/23 SIGN DESIGN NEW VICE MAYOR SIGN 20449 2308635 85.69 12/06/23 DMS FACILITY SERVICE JANITORIAL SERVICES CON-19-54 DECEMBER 20356 2308591 3,454.00 12/06/23 JMG SECURITY SYSTEMS FIRE SYSTEM ALARM -CITY HALL 20441 2308609 120.00 TOTAL ISF GB CITY HALL 15,174.40
11110001 ISF GB B&G CLUB
12/06/23 JMG SECURITY SYSTEMS FIRE SYSTEM- FV CLUBHOUSE 20448 2308616 597.33 TOTAL ISF GB B&G CLUB 597.33
11150000 ISF GB CITY YARD
12/06/23 SOUTH COAST AIR QUAL EMISSIONS FEE 20367 2308643 160.35 12/06/23 SOUTH COAST AIR QUAL ANNUAL FEE 20369 2308644 504.91 12/06/23 AMTECH ELEVATOR SERV ELEVATOR SERVICE- YARD 20455 2308582 221.67
11/29/23 GRAINGER, INC. NEW FIRST AID SIGN 19999 2308533 17.90 12/06/23 DMS FACILITY SERVICE AMENDMENT TO JANITORIAL SERVICES- 20359 2308592 87.51 12/06/23 DMS FACILITY SERVICE AMENDMENT FOR NOVEMBER -JANITORIAL 20365 2308593 87.51 12/06/23 GRAINGER, INC. LOCK CORES 20375 2308603 63.68
12/06/23 GRAINGER, INC. PADLOCKS 20376 2308604 336.50
12/06/23 DMS FACILITY SERVICE JANITORIAL SERVICES CON-19-54 DECEMBER 20356 2308591 2,788.00 12/06/23 JMG SECURITY SYSTEMS ALARM SYSTEM- YARD 20442 2308610 379.92 TOTAL ISF GB CITY YARD 4,647.95
11160001 ISF GB FS1
11/29/23 FRONTIER COMMUNICATI CKT FS#1 METRO NET 11/1 - 11/30/23 19962 2308518 43.04 12/06/23 SO CALIF EDISON CO FIRE STATION #1 ELECTRICITY 10/26/23 - 20304 2308641 1,664.33 TOTAL ISF GB FS1 1,707.37
11160002 ISF GB FS2
11/29/23 ROAD RUNNER EXTERMIN MONTHLY SERVICE 19996 2308561 81.00 11/29/23 SO CALIF EDISON CO FIRE STATION #2 ELECTRICITY 10/19/23 - 19915 2308566 805.95 TOTAL ISF GB FS2 886.95
11160003 ISF GB BUSHARD
12/06/23 SO CALIF EDISON CO FIRE STATION NEW ELECTRICITY 10/18/23 - 20339 2308642 673.80 12/06/23 JMG SECURITY SYSTEMS VIDEOFIED- NEW BUILDING 20457 2308617 360.00 12/06/23 JMG SECURITY SYSTEMS BURGLAR/FIRE ALARM- NEW BUILDING 20458 2308618 369.00 TOTAL ISF GB BUSHARD 1,402.80
11170000 ISF GB POLICE DEPARTMENT
11/29/23 FRONTIER COMMUNICATI FRONTIER JAIL PHONE 11/7 - 12/6/23 19965 2308519 99.85 12/06/23 AMTECH ELEVATOR SERV ELEVATOR SERVICE- PD 20453 2308580 200.41 11/29/23 KEN'S LOCKSMITHERY NEW IT OFFICE LOCK AND KEYS 19997 2308545 79.93 12/06/23 DMS FACILITY SERVICE AMENDMENT TO JANITORIAL SERVICES- 20359 2308592 227.16 12/06/23 DMS FACILITY SERVICE AMENDMENT FOR NOVEMBER -JANITORIAL 20365 2308593 227.16 12/06/23 ROAD RUNNER EXTERMIN MONTHLY PEST CONTROL 20370 2308631 107.00 12/06/23 GRAINGER, INC. PLUMBING URINAL CARTRIDGES 20377 2308605 645.72 12/06/23 SMARDAN SUPPLY CO. PLUMBING SUPPLIES FOR PD SINK 20450 2308638 41.65 12/06/23 DMS FACILITY SERVICE JANITORIAL SERVICES CON-19-54 DECEMBER 20356 2308591 7,188.00 TOTAL ISF GB POLICE DEPARTMENT 8,816.88
11180000 ISF GB REC CENTER
11/29/23 GRAINGER, INC. NEW AED SIGN 19998 2308532 13.11 11/29/23 DAVID CROWELL ELECTR NEW SWITCH FOR EXT OUTLETS 19995 2308512 1,170.00 12/06/23 DMS FACILITY SERVICE AMENDMENT TO JANITORIAL SERVICES- 20359 2308592 460.79 12/06/23 DMS FACILITY SERVICE AMENDMENT FOR NOVEMBER -JANITORIAL 20365 2308593 460.79 12/06/23 SMARDAN SUPPLY CO. PLUMBING SUPPLIES FOR TOILET REPAIR 20374 2308637 527.27 12/06/23 ROAD RUNNER EXTERMIN MONTHLY SERVICE PEST CONTROL 20261 2308630 82.00 12/06/23 KEN'S LOCKSMITHERY REKEY FOR MASTER 20373 2308619 198.49 12/06/23 DMS FACILITY SERVICE JANITORIAL SERVICES CON-19-54 DECEMBER 20356 2308591 14,859.00 12/06/23 JMG SECURITY SYSTEMS FIRE SYSTEM- REC CENTER 20445 2308613 525.15 12/06/23 JMG SECURITY SYSTEMS BURGLAR ALARM- REC CENTER 20446 2308614 198.45 12/06/23 JMG SECURITY SYSTEMS CCTV- REC CENTER 20447 2308615 379.92 TOTAL ISF GB REC CENTER 18,874.97
11180001 ISF GB SR CENTER
11/29/23 FRONTIER COMMUNICATI FRONTIER SC ELEV/FIRE LN 11/4 - 12/3/23 19966 2308520 298.85 12/06/23 AMTECH ELEVATOR SERV ELEVATOR SERVICE- SENIOR CENTER 20454 2308581 188.31 12/06/23 DMS FACILITY SERVICE AMENDMENT TO JANITORIAL SERVICES- 20359 2308592 165.38 12/06/23 DMS FACILITY SERVICE AMENDMENT FOR NOVEMBER -JANITORIAL 20365 2308593 165.38 12/06/23 SO CALIF EDISON CO SENIOR CENTER ELECTRICITY BILL 10/26/23 - 20303 2308640 1,437.91 12/06/23 DMS FACILITY SERVICE JANITORIAL SERVICES CON-19-54 DECEMBER 20356 2308591 5,316.00 12/06/23 JMG SECURITY SYSTEMS FIRE ALARM- SENIOR CENTER 20443 2308611 586.89 12/06/23 JMG SECURITY SYSTEMS BURGLAR ALARM- SENIOR CENTER 20444 2308612 201.42 TOTAL ISF GB SR CENTER 8,360.14
11250001 PW - FLEET MGMT
12/06/23 SC FUELS MONTHLY GAS CARDS OCTOBER 20315 2308633 33,498.03 12/06/23 RINCON TRUCK CENTER, PARTS CREDIT 19271 2308629 (138.93) 12/06/23 RINCON TRUCK CENTER, PARTS CREDIT 19281 2308629 (165.25) 12/06/23 SC FUELS MONTHLY GAS CARDS NOVEMBER 20314 2308633 36,066.73 12/06/23 SC FUELS BULD DIESEL FOR STATION 2 20313 2308633 2,776.26 12/06/23 GRAINGER, INC. STOCK PARTS 20327 2308602 26.06 12/06/23 MCPEEK DODGE OF ANAH PARTS FOR UNIT 401 20329 2308620 411.09 12/06/23 SC FUELS BULK DIESEL FOR STATION 1 20312 2308633 4,641.40 12/06/23 RINCON TRUCK CENTER, STOCK PARTS 20332 2308629 191.45 12/06/23 RINCON TRUCK CENTER, STOCK PARTS 20331 2308629 5.81 12/06/23 RINCON TRUCK CENTER, PART SUPPLY FOR FIRE STATION 1 20333 2308629 657.01 12/06/23 SOUTH COAST BOBCAT, PART FOR UNIT 241 20328 2308645 351.70 12/06/23 NAPA AUTO PARTS PART FOR UNIT 402 20334 2308624 200.68 TOTAL PW - FLEET MGMT 78,522.04
11250052 ISF FL PW CAPITAL
12/06/23 NATIONAL AUTO FLEET VEHICLE REPLACEMENT PW UNIT 8645 20364 2308625 73,754.20 12/06/23 NATIONAL AUTO FLEET VEHICLE REPLACEMENT PW UNIT 8923 20366 2308625 73,754.20 12/06/23 NATIONAL AUTO FLEET VEHICLE REPLACEMENT PW UNIT 8925 20368 2308625 78,103.06 TOTAL ISF FL PW CAPITAL 225,611.46
11400400 SELF INSURANCE
12/05/23 ATHENS ADMINISTRATOR REPLENISHMENT OF CHECKS WRITTEN 11/1/23 20340 1377 110,193.41 12/06/23 DEPARTMENT OF INDUST Assessment for FY 23/24 20379 2308590 29,090.86 TOTAL SELF INSURANCE 139,284.27
11400430 SELF INSURANCE
12/06/23 MYERS-STEVENS & TOOH JANUARY 2024 PORAC LTD (ACCT 54541) 20386 2308623 1,485.00 TOTAL SELF INSURANCE 1,485.00
11500000 ISF EMPLOYEE BENEFITS
11/29/23 MUNICIPAL DENTAL POO DECEMBER 2023 DELTA DENTAL 19987 2308555 10,534.51 11/29/23 MUNICIPAL DENTAL POO DECEMBER 2023 DELTACARE HMO 19988 2308556 2,171.20 11/29/23 U.S. BANK N.A. PR PPE 112423 PAR & PRE DEDUCTIONS 20277 1376 2,712.52 11/29/23 MISSION SQUARE RET P PLAN #803216 - PR PPE 112423 RHF & RHS DED 20284 1370 2,211.01 11/29/23 MISSION SQUARE RET P PLAN #800389 - PR PPE 112423 RHA & RHC 20285 1371 1,131.11 11/29/23 MISSION SQUARE RET P PLAN# 800414 - PR PPE 112423 RHM 20286 1372 203.54 11/29/23 FOUNTAIN VALLEY CRED PR PPE 112423 CU DEDUCTIONS 20287 1364 45,049.60
11/29/23 FOUNTAIN VALLEY FIRE PR PPE 112423 DFR DEDUCTIONS 20288 1365 2,727.64 11/29/23 FOUNTAIN VALLEY GENE PR PPE 112423 DGE DEDUCTIONS 20289 1366 507.00 11/29/23 FOUNTAIN VALLEY POLI PR PPE 112423 DPD DEDUCTIONS 20291 1367 2,350.00 11/29/23 ORANGE COUNTY EMPLOY PR PPE 112423 DPT & DYD DEDUCTIONS 20292 1374 399.85 11/29/23 FRANCHISE TAX BOARD FTB ID: 1113823154 ACCT# 573679043 20294 2308517 100.00 11/29/23 FVPOA PAC PR PPE 112423 POL DEDUCTIONS 20295 1368 510.00 TOTAL ISF EMPLOYEE BENEFITS 70,607.98
11500450 EMPLOYEE BENEFITS
12/06/23 MISSION SQUARE RET P PLN #803210 RHS ACCT FEE 7/01/23-9/30/23 20486 2308621 1,000.00 12/05/23 BREELER, DAMON TUITION REIMBURSEMENT (HST 202) 19905 1378 1,050.00 11/29/23 MUNICIPAL DENTAL POO DECEMBER 2023 DELTA DENTAL 19987 2308555 10,468.60 11/29/23 MUNICIPAL DENTAL POO DECEMBER 2023 DELTACARE HMO 19988 2308556 477.12 11/29/23 U.S. BANK N.A. PR PPE 112423 PAR & PRE DEDUCTIONS 20277 1376 74.52 12/05/23 MISSION SQUARE RET P MISSION SQUARE PLAN #803210 - JANUARY 20378 1379 135,011.51 TOTAL EMPLOYEE BENEFITS 148,081.75
23030310 CDBG CODE ENFORCEMENT
12/06/23 VERIZON WIRELESS 11/26-12/25 PLANNING, BLDG, CDBG CE CELLS 20462 2308653 21.06 TOTAL CDBG CODE ENFORCEMENT 21.06
23130324 FVHA AFFORDABLE
12/06/23 STRADLING YOCCA CARL LEGAL SERVICES FOR AFFORDABLE HOUSING 20380 2308646 594.00 12/06/23 STRADLING YOCCA CARL LEGAL SERVICES FOR AFFORDABLE HOUSING 20381 2308646 544.50 12/06/23 STRADLING YOCCA CARL LEGAL SERVICES FOR AFFORDABLE HOUSING 20382 2308646 7,425.00 12/06/23 STRADLING YOCCA CARL LEGAL SERVICES FOR AFFORDABLE HOUSING 20383 2308646 346.50 TOTAL FVHA AFFORDABLE 8,910.00
30095300 CAPITAL IMP - FACILITIES
12/06/23 INTERWEST CONSULTING CITY HALL SECURITY PROJECT (SEPT 2023) 19842 1383 480.00 12/06/23 TRIPEPI, SMITH & ASS UAP PRODUCTION VIDEO 20296 2308651 2,615.00 TOTAL CAPITAL IMP - FACILITIES 3,095.00
50050570 WF WTR PROD. OPNS
12/06/23 RED WING BUSINESS AD SAFETY BOOTS 20399 2308628 215.00 12/06/23 TESS ELECTRIC, INC WELL 6 VFD OVER TEMP 19478 2308649 620.00 12/06/23 TESCO CONTROLS INC WELL 10 POWER SUPPLY 19528 2308648 702.14 11/29/23 TESS ELECTRIC, INC WELL 9 VFD REPLACEMENT 19973 2308571 34,803.81 11/29/23 MEDINA, ERICK WATER DISTRIBUTION CERTIFICATION 20252 1369 80.00 11/29/23 MISCO CHEMICAL FEED PUMP PARTS 20214 2308553 1,487.19 11/29/23 SO CALIF EDISON CO RES #2 AND WELLS ELECTRICITY 10/3/23 - 19917 2308567 77,984.17 12/06/23 GENERAL PUMP CO., IN WELL 9 RETENTION 20353 2308598 1,303.47 TOTAL WF WTR PROD. OPNS 117,195.78
50050571 WF DISTRIBUTION SYSTEM
11/29/23 YO FIRE 6" RICH VANGUARD- 6HOLE 19989 2308579 3,327.75 11/29/23 YO FIRE IOWA 4HOLE-6HOLE KIT 19990 2308579 3,164.63 11/29/23 PROFUZION CERTIFIED REPAIR 3" BLOW OFF MWD LINE 19975 2308559 1,400.00 12/06/23 MUNICIPAL WATER DIST OCT 2023 TURF REMOVAL & S2D 20395 2308622 492.01 12/06/23 YO FIRE COPPER 20387 2308657 3,090.68
12/06/23 RED WING BUSINESS AD SAFETY BOOTS 20400 2308628 165.00
TOTAL WF DISTRIBUTION SYSTEM 11,640.07
50050572 WF WTR QUAL & TREATMENT
11/29/23 YO FIRE CONSTRUCTION WATER METER ADAPTERS 19974 2308579 156.60 12/06/23 SWEETNER PROD SALT FOR CHLORINE 20355 2308647 2,920.19 TOTAL WF WTR QUAL & TREATMENT 3,076.79
50050574 WF METER M & R
11/29/23 AQUA-METRIC SALES 8" OMNI T2 MMP 20242 2308500 2,661.34 12/06/23 AQUA-METRIC SALES 2 MINI READER 20385 2308583 1,154.17 TOTAL WF METER M & R 3,815.51
50150580 SF SEWER MAINTENANCE
11/29/23 ROOTX ROOT FOAM 20253 2308562 2,389.80
TOTAL SF SEWER MAINTENANCE 2,389.80
TOTAL $1,629,771.09
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: December 19, 2023
Members of the City Council
SUBJECT: Approval of Professional Services Agreements with True North Compliance Services and The Code Group, Inc. dba VCA Code for on-call Building Division staffing services and as-needed plan review services for the Building Division and Fire Prevention.
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable
BACKGROUND:
The City currently utilizes the services of Charles Abbott and Associates (CAA) for building plan check and staffing resources. Based on the existing contract with CAA expiring at the end of the calendar year, City Staff issued a Request for Proposal (RFP) to seek candidates that provide as-needed building plan review and on-call staffing services on July 7, 2023. Of the 13 proposals submitted, staff is recommending two (2) vendors: True North Compliance Services and The Code Group, Inc. for these combined services.
The City’s Building Division and Fire Prevention have utilized contract services to augment City staff for as-needed plan review and staffing since 2005. The use of these as-needed services has provided contract support to perform building and fire plan reviews, conduct building inspections, and process both building and fire permit applications. These contract services provide the flexibility necessary to respond to cyclical demands, assist when full-time staff shortages occur, and provide specialized knowledge or training in a particular field when required. The on-call staffing service will provide to ability to support staffing needs of the Building Division while maintaining a high level of customer service.
DISCUSSION:
On-call Building Division staffing services and as-needed plan review services for Building Division and Fire Prevention December 19, 2023
In accordance with the City’s Purchasing Policies, the City of Fountain Valley issued a RFP for Plan Review and On Call Staffing on July 7, 2023. The RFP was publicly advertised through Planetbids with an invitation through the City’s website. There were 42 companies showed interest in the RFP and downloaded the RFP. The RFP closed on August 9, 2023, and 13 companies submitted proposals. All but one (1) vendor was able to support plan reviews and staffing needs. A panel of three (3) staff evaluators evaluated a two-step process.
First, each proposal was evaluated on the 10-point system in three areas General Approach & Work Plans, Qualifications & Experience, and Past Performance/References. Second, Interviews were conducted with the top four (4) that best represented the City’s needs and the weighted score equaled 615 or higher.
Criteria Weighted
Score
CAA True
North
Shums The Code
Group
Willdan BPR CSG
Approach and Work Plans 250 210.20 182.29 193.75 195.84 204.17 195.83 204.17 Qualifications and Experience 200 156.67 158.33 157.67 158.33 156.67 156.67 156.67 Past Performance/References 50 34.17 30 28.33 28.33 28.33 28.33 28.33 Cost Scores 250 224.94 250.00 239.42 237.09 217.64 217.66 186.75 Total Amount 750 626 621 619 620 607 598 576
Percent % 83% 83% 83% 83% 81% 80% 77%
contd
Criteria Weighted
Score
Bureau
Veritas
Transtech Jlee 4leaf Nova LA
Business
Approach and Work Plans 250 189.58 172.92 166.67 150 119.79 16.67 Qualifications and Experience 200 156.67 156.67 156.67 156.67 156.67 156.67 Past Performance/References 50 28.33 28.33 28.33 28.33 28.33 28.33 Cost Scores 250 200.09 201.17 213.89 0.00 0.00 0.00
Total Amount 750 575 559 566 335 305 202
Percent % 77% 75% 75% 45% 41% 27%
The combined score of the evaluation and interview determined the best fit for the city’s needs.
Based on staff’s analysis of the proposals received the two (2) companies with the highest score/percentage were the best option. They address both the plan review requirements for the departments and fulfill staffing needs. Furthermore, their hourly pricing happened to be the most competitive.
On-call Building Division staffing services and as-needed plan review services for Building Division and Fire Prevention December 19, 2023
Criterion Weighted
Score
True North The Code
Group
CAA Shums
Round1:
Approach and Work Plans 250 182.29 195.84 210.20 193.75 Qualifications and
Experience
200 158.33 158.33 156.67 157.67
Past
Performance/References
50 30.00 28.33 34.17 28.33
Cost Scores 250 250.00 237.09 224.94 239.42
Total Evaluation 750 621 620 625.98 619.17
Percent % 83% 83% 83% 83%
Round 2:
Interview 1000 870.00 830 790 730
Percent % 87% 83% 79% 73%
Overall Total 1800 1,491 1,450 1,416 1,349
Percent % 83% 81% 79% 75%
Based on the outcome, Staff is recommending the use of True North Compliance Services and The Code Group, Inc. dba VCA Code for plan check and staffing services. The use of two (2) consultants would allow the City to flexibility in utilizing the services of each firm based on their workload and staffing availability. Finding firms with available staff to assist the City when staff needs arise or in periods of high demand has always proven challenging. It is hope that by contracting with two (2) firms; at least one will have staff available when needed.
FISCAL REVIEW:
The current adopted budget includes sufficient funding for this purchase. Funding for these services is included in the Proposed Budget for Fiscal Year 2023-24 in accounts 100.30.30301.53003 (Building Division-Professional Services), 100.30.30301.53007 (Building Division-Contract Services) and 100.60.60603.53006 (Fire Prevention-Non-Professional Services).
In FY 2022-23, the Building Division expended approximately $169,928 on Building Division as-needed services. For FY 2023-24, approximately $148,000 has been budgeted in Contract Services and $50,000 in Professional Services for a total budgeted amount of $198,000. Fire Prevention has approximately $70,000 budgeted in FY 2023-24 in Non-Professional Services.
The proposed total contract expense is $ 268,000 per year and a not–to–exceed amount of $804,000 for three (3) years for both departments.
PUBLIC NOTIFICATION:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
On-call Building Division staffing services and as-needed plan review services for Building Division and Fire Prevention December 19, 2023
ATTORNEY REVIEW:
The Attorney for the City has reviewed and approved the two (2) contracts for on-call staffing and as-needed plan review services.
ALTERNATIVES:
Alternative No. 1: Accept proposals and execute contracts for professional services agreement with True North Compliance Services and The Code Group, Inc. dba VCA Code.
Alternative No. 2: Do not accept proposals for professional services and direct staff to take an alternate action.
RECOMMENDATION:
Staff is recommending City Council approval of Alternative No. 1 to approve and authorize the Mayor and City Clerk to execute:
a) A three-year professional services agreement (Staff Report Attachment #1) with True North Compliance Services, for an annual amount of $ 134,000 with a not to exceed the amount of $ 402,000 over three (3) years, with two (2) optional one-year renewals, subject to available funding through the annual budget process:
b) A three-year professional services agreement (Staff Report Attachment #2) with The Code Group, dba VCA Code, for an annual amount of $ 134,000 exceeding the amount of $ 402,000 over three (3) years, with two (2) optional one-year renewals, subject to available funding through the annual budget process.
Prepared by: Darik Doggett, Building Official
Reviewed by: Michelle Rudaitis, Fire Marshal
Reviewed by: Omar Dadabhoy, Deputy City Manager/Community Development Director
Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments:
1. True North Compliance Services Contract
On-call Building Division staffing services and as-needed plan review services for Building Division and Fire Prevention December 19, 2023
2. The Code Group, Inc. dba VCA Code Contract
AGREEMENT FOR CONSULTANT SERVICES
CON – –
This AGREEMENT is made and effective as of the EFFECTIVE DATE, by and between the City of Fountain Valley, a municipal corporation ("CITY") and ("CONSULTANT"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This AGREEMENT shall commence on (“EFFECTIVE DATE”)
and remain and continue in effect until all tasks described herein are completed but in no event later than , unless sooner terminated or extended pursuant to the provisions of this AGREEMENT.
2. SERVICES
CONSULTANT shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. NOTICE TO PROCEED
CONSULTANT shall not perform any work or be entitled to any compensation under this AGREEMENT until a written Notice to Proceed is issued by CITY. The Notice to Proceed shall not issue unless and until CONSULTANT submits proof, satisfactory to CITY, of its procurement of appropriate insurance required by this AGREEMENT. The failure of CONSULTANT to submit proof of appropriate insurance within 10 days of the EFFECTIVE DATE is a material breach and shall constitute cause for immediate termination of this AGREEMENT by CITY.
4. PERFORMANCE
CONSULTANT shall at all times faithfully, competently, and to the best of his/her/its ability, experience, and talent perform all tasks described herein.
CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting its obligations under this AGREEMENT.
5. CITY MANAGEMENT
shall represent CITY in
all matters pertaining to the administration of this AGREEMENT, including review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the tasks to be performed or change the compensation due to CONSULTANT.
The City Manager shall be authorized to act on CITY’S behalf and to execute all necessary documents that enlarge the tasks to be performed or change Plan review and Staffing Services True North Compliance Services January 1, 2024 January 1, 2027 Community Development Director or their designee
CONSULTANT's compensation, subject to Section 6 hereof.
6. PAYMENT
(a) CITY agrees to pay CONSULTANT in accordance with the payment rates, terms, and schedule of payment set forth in Exhibit A. This amount shall not exceed
Dollars ( ) (“TOTAL CONTRACT SUM”) for the total term of this AGREEMENT unless additional payment is approved as provided in this AGREEMENT.
(b) CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. This written authorization requirement cannot be waived. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager and CONSULTANT at the time CITY’s written authorization is given to CONSULTANT for the performance of said additional services. The City Manager’s authority to approve additional compensation is subject to Fountain Valley Municipal Code section 2.36.110. Approval of additional compensation that exceeds the City Manager’s authority as specified in Fountain Valley Municipal Code section
2.36.110 must be obtained from the City Council.
7. PUBLIC WORK
Notice is provided pursuant to Labor Code Section 1781 that all or a portion of the work contemplated in this AGREEMENT may constitute a “public work” as defined in Chapter 1, Part 7, and Division 2 of the Labor Code, to which Section 1771 applies. If all or a portion of the work contemplated under this AGREEMENT constitutes “public work,” then CONSULTANT shall pay prevailing wages, unless exempt, on those portions of the work which require payment of prevailing wages under the prevailing wage laws (Labor Code, §§ 1720 et seq.), and shall comply with the following:
(a) Prevailing Wage Rates. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages can be found at http://www.dir.ca.gov/OPRL/PWD/index.htm and are on file at City Hall, which shall be made available to any interested party upon request. CONSULTANT shall post a copy of the determination of the director of the prevailing rate of per diem wages at each job site. Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation and travel time, and subsistence pay, all in accordance with Section 1773.1 of the Labor Code. (b) Payroll Records. The provisions of Section 1776 of the Labor Code regarding the preparation, maintenance, and filing of payroll records are applicable to this AGREEMENT. CONSULTANT and each subconsultant shall 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 four hundred two thousand $ 402,000.00
actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him/her/it in connection with the public work. Certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or contain the same information. CONSULTANT’S AND ANY SUBCONSULTANT’S PAYROLL RECORDS SHALL BE SUBMITTED TO CITY ON A WEEKLY BASIS. CONSULTANT SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUBCONSULTANT’S PAYROLL RECORDS. Additionally, CONSULTANT or subconsultant has ten (10) days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Section 1776, subdivision (a), of the Labor Code. In the event that CONSULTANT or subconsultant fails to comply within the ten (10) day period, he/she/it shall, as a penalty to CITY, forfeit One Hundred Dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. CITY may deduct this penalty from any monies due or that may become due CONSULTANT under this AGREEMENT. (c) Penalty. CONSULTANT and any subconsultant under CONSULTANT shall, as a penalty to CITY, forfeit not more than Two Hundred Dollars ($200.00) for each calendar day, or portion thereof, for each worker paid (either by CONSULTANT or any subconsultant under CONSULTANT) less than the prevailing rate set forth herein on the work provided for in this AGREEMENT. CITY may deduct the penalty from any monies due or that may become due CONSULTANT under this AGREEMENT. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall also be paid to each worker by CONSULTANT or subconsultant, in accordance with Section 1775 of the Labor Code of the State of California.
(d) Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen are hereby imposed upon CONSULTANT.
(e) Legal Day’s Work. In the performance of this AGREEMENT, not more than eight (8) hours shall constitute a day’s work, and CONSULTANT shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in Labor Code Section 1815. CONSULTANT shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.), of the Labor Code of the State of California, and it is agreed that CONSULTANT shall forfeit to CITY as a penalty the sum of Twenty-Five Dollars ($25.00) for each worker employed in the execution of this AGREEMENT by CONSULTANT or any subconsultant for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said article. CITY may deduct this penalty from any monies due or that may become due pursuant to this AGREEMENT.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon CONSULTANT, at least thirty (30) days prior, written notice. Upon receipt of
said notice, CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT. (b) In the event this AGREEMENT is terminated pursuant to this section, CITY shall pay to CONSULTANT the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this section, CONSULTANT will submit an invoice to CITY detailing work performed up to the time of termination.
9. DEFAULT OF CONSULTANT
(a) CONSULTANT's failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AGREEMENT, CITY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out of causes beyond CONSULTANT's control, and without fault or negligence of CONSULTANT, it shall not be considered a default.
(b) As an alternative to the procedure for immediate termination for default set forth in subparagraph (a), if CITY determines that CONSULTANT is in default in the performance of any of the terms or conditions of this AGREEMENT, CITY may in its discretion cause to be served upon CONSULTANT a written notice of the default and demand to cure. CONSULTANT shall have ten (10) calendar days after service upon it of said notice to cure the default by rendering a satisfactory performance. In the event that CONSULTANT fails to cure its default within such period of time, CITY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this AGREEMENT.
10. OWNERSHIP OF DOCUMENTS
(a) CONSULTANT shall maintain complete and accurate records with respect to the plans, specifications, estimates, drawings, design calculations, letters, reports, testing results, and other such information including as-built records as required by CITY that relate to the performance of services under this AGREEMENT. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make copies and transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings,
and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion, termination, or suspension of this AGREEMENT all plans, specifications, engineer’s estimates, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of CONSULTANT. With respect to computer files, CONSULTANT shall make available to CITY, at CONSULTANT's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
11. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a professional standard of care for CONSULTANT’s services, to the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend, and hold harmless CITY and any and all of its officials, employees, and agents (“INDEMNIFIED PARTIES”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs to the extent the same are caused in whole or in part by any negligent or wrongful act, error, or omission of CONSULTANT, its officers, agents, employees, or subconsultants (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of professional services under this AGREEMENT. With respect to the design of public improvements, CONSULTANT shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in this AGREEMENT without the written consent of CONSULTANT. With respect to the duty to defend, if CONSULTANT is a design professional as defined in Civil Code Section 2782.8, in no event shall the cost to defend charged to the CONSULTANT exceed the CONSULTANT’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants in a suit is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.
(b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, CONSULTANT shall indemnify, defend, and hold harmless CITY, and any and all of its employees, officials, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by CONSULTANT or by any individual or entity for which CONSULTANT is legally liable, including but not limited to officers, agents, employees, or subconsultants of CONSULTANT.
(c) General Indemnification Provisions. CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant or any other person or entity
involved by, for, with or on behalf of CONSULTANT in the performance of this AGREEMENT. In the event CONSULTANT fails to obtain such indemnity obligations from others as required here, CONSULTANT agrees to be fully responsible according to the terms of this section. Failure of CITY to monitor compliance with these requirements imposes no additional obligations on CITY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend CITY as set forth here is binding on the successors, assigns, or heirs of CONSULTANT and shall survive the termination of this AGREEMENT or this section. Nothing in this indemnity shall be construed as authorizing any award of attorney’s fees in any action on or to enforce the terms of this Indemnity or AGREEMENT. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable.
(d) Indemnity Provisions for Contracts Related to Construction. This paragraph applies only when this AGREEMENT is related to construction. Without affecting the rights of CITY under any provision of this AGREEMENT, CONSULTANT shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY’s active negligence accounts for only a percentage of the liability involved, the obligation of CONSULTANT will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.
12. INSURANCE
Prior to performing any work or receiving any compensation under this AGREEMENT, CONSULTANT shall obtain, and thereafter maintain for the duration of this AGREEMENT, insurance coverage as specified in Exhibit B, attached hereto and incorporated herein as though set forth in full.
13. WARRANTY FOR GOODS
(a) If this AGREEMENT includes the purchase of equipment, supplies, or chattel (hereafter “GOODS”), CONSULTANT shall provide the following warranty of said GOODS, or obtain a warranty from the manufacturer and/or retailer with provisions equal to or exceeding those specified in this Section. In the event the manufacturer’s warranty or retailer’s warranty do not equal or exceed the protections specified in this Section, CONSUTLANT agrees to provide said warranty protections.
The warranty described hereunder extends to the original purchaser of the GOODS warranted under the warranty, and to each transferee owner of the GOODS. The term of this warranty begins on the date the GOODS are delivered to CITY, and continues therefrom. CONSULTANT warrants that:
(1) The GOODS will function properly under normal use, will be of good workmanship, free from defect, of merchantable quality, and fit for CITY’s intended use;
(2) The GOODS will fully comply with any specifications provided by CITY and any samples or documentation provided by CONSULTANT; (3) The GOODS will be free of any security interests, liens, or encumbrances and CONSULTANT has title to the GOODS;
(4) The GOODS will not violate any intellectual property rights of any third party;
(5) The GOODS will be delivered free of the rightful claim of a third person by way of infringement; and
(6) The GOODS are merchantable in accordance with Commercial Code Section 2314.
(b) The warranty listed above is in addition to any other warranties made by CONSULTANT, the manufacturer, retailer, or imposed by law. All warranties will survive inspection and payment by CITY and are assignable to CITY’s successors and assigns. If any GOODS do not meet the warranty, CITY may, at CITY’s option, and without additional cost to CITY:
(1) Require CONSULTANT to repair or replace the GOODS until the GOODS meet the warranty. If CONSULTANT cannot replace the GOODS and repair either is not commercially practicable or cannot be made within three (3) days, CONSULTANT will refund the purchase price;
(2) Return any of the GOODS to CONSULTANT at CONSULTANT’s expense for a full refund;
(3) Correct the nonconformance and charge CONSULTANT for the costs to make the correction; or
(4) Engage a third party to provide substitute GOODS and charge CONSULTANT for the costs of obtaining the substitute GOODS from the third party.
14. INDEPENDENT CONTRACTOR
(a) CONSULTANT is and shall at all times remain as to the CITY a wholly independent contractor. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control. Neither CITY nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees, or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the CITY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatsoever against CITY, or bind CITY in any manner. (b) No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in this AGREEMENT, CITY shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for CITY. CITY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder. In
addition to the indemnification provisions of Section 11, CONSULTANT shall indemnify, defend, and hold CITY harmless from claims or liability arising from CONSULTANT’s employees for CITY benefits including, but not limited to, pension, health benefits, holiday, vacations, etc.
15. LEGAL RESPONSIBILITIES
CONSULTANT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this AGREEMENT. CONSULTANT shall at all times observe and comply with all such laws and regulations. CITY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of CONSULTANT to comply with this Section.
16. POLITICAL REFORM ACT
If the Political Reform Act requires CONSULTANT to file a Form 700, then CONSULTANT must file a Form 700 with full disclosure within 30 days of assuming office and thereafter must file an annual statement for each calendar year of this AGREEMENT.
17. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of CITY in connection with the award, terms, or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the CITY will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee, or agent of CONSULTANT, in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT. Violation of this section shall be a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity.
18. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of CITY, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with this AGREEMENT.
19. RELEASE OF INFORMATION / CONFLICTS OF INTEREST
(a) All information gained by CONSULTANT in performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without CITY’s prior written authorization. CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the Attorney for the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information
concerning the work performed under this AGREEMENT or relating to any project or property located within the CITY. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena.
(b) CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this AGREEMENT and the work performed thereunder or with respect to any project or property located within the CITY.
CITY retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding. CONSULTANT agrees to cooperate fully with CITY and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, CITY's right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.
20. SECURITY OF INFORMATION
CONSULTANT shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information acquired during performance of this AGREEMENT that could result in the unauthorized disclosure, misuse, alteration, destruction, or other compromise of the information.
CONSULTANT shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment.
21. NOTICES
Any notices which either party may desire to give to the other party under this AGREEMENT must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
CITY CONSULTANT
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, California 92708
Attention: City Clerk
22. ASSIGNMENT
CONSULTANT shall not assign the performance of this AGREEMENT, nor True North Compliance Services 3939 Atlantic Ave 224 Long Beach, CA 90807 Attention: Isam Hasenin
any part thereof, nor any monies due hereunder, without the prior written consent of CITY.
[Check if Applicable] CONSULTANT shall provide CITY fourteen (14) days’ notice prior to the departure of any key personnel from CONSULTANT’s employ.
Should key personnel leave CONSULTANT’s employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this AGREEMENT, CONSULTANT’s sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and CONSULTANT.
[Check if Applicable] Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only (“PRINCIPAL”) shall perform the services described in this AGREEMENT. PRINCIPAL may use assistants, under his/her direct supervision, to perform some of the services under this AGREEMENT. CONSULTANT shall provide CITY fourteen (14) day's notice prior to the departure of PRINCIPLE from CONSULTANT's employ. Should he or she leave CONSULTANT's employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period.
Upon termination of this AGREEMENT, CONSULTANT's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between CITY and CONSULTANT.
23. LICENSES
At all times during the term of this AGREEMENT, CONSULTANT shall have in full force and effect, all licenses required of it by law for the performance of the services described in this AGREEMENT including, but not limited to, a Fountain Valley business license.
24. GOVERNING LAW
CITY and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this AGREEMENT. Any litigation concerning this AGREEMENT shall take place in Orange County Superior Court or Central District of California Federal District Court.
25. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this AGREEMENT and shall be of no further force or effect. Each party is entering into this AGREEMENT based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
26. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
CONSULTANT is bound by the contents of CITY’s Request for Proposals and the contents of the Proposal submitted by CONSULTANT. In the event of conflict, this AGREEMENT shall take precedence over CITY’s Request for Proposals and CONSULTANT’s Proposal; and CITY’s Request for Proposals shall take precedence over CONSULTANT’s Proposal. No limitation of CONSULTANT’s liability, waiver of rights of CITY, or release of rights or remedies held by CITY, contained in CONSULTANT’s Proposal shall be of any force or effect.
27. INTERPRETATION
In the event of conflict or inconsistency between this AGREEMENT and any other document, including any proposal or Exhibit hereto, this AGREEMENT shall control unless a contrary intent is clearly stated. This AGREEMENT shall be interpreted as though drafted by all parties hereto.
28. MODIFICATION
No modification to this AGREEMENT shall be effective unless it is in writing and signed by authorized representatives of the parties hereto. The written modification requirement cannot be waived.
29. ATTORNEY FEES
In any action or proceeding brought by either party against the other party arising out of or in any way connected to this AGREEMENT, or where any provision hereof is validly asserted as a defense, the parties shall bear their own attorney’s fees, costs, and expenses. Nothing in this provision shall excuse CONSULTANT’s duty to provide CITY with a defense at CONSULTANT’s cost when CITY receives a complaint, petition, or other pleading from a third party requiring CITY to defend itself.
30. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONSULTANT warrants and represents that he/she/they has the authority to execute this AGREEMENT on behalf of CONSULTANT and has the authority to bind CONSULTANT to the performance of his/her/its obligations hereunder ///
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Exhibit “A”
Scope of Services
And Payment Terms
2 Section I- Transmittal Letter
August 9, 2023
Amanda McCall, Mgmt. Analyst
Purchasing Officer, City of Fountain Valley
Dear Ms. McCall,
True North Compliance Services Inc. is pleased to present our Proposal for Plan Review and OnCall Staffing Services. Our philosophy and guiding principles are centered around the commitment to providing public agencies with the highest quality of professional consulting services in a timely and cost-effective manner. We take pride in our ability to provide exemplary services and deep technical expertise to our clients.
Isam Hasenin is President and CEO of True North and the main contact for the firm. He is authorized to represent, sign, and bind True North Compliance Services, Inc. in a contractual agreement with the City of Fountain Valley. His email address is [email protected]., phone number 858-260-0495.
The founder and president of True North Compliance Services, Inc., Isam Hasenin, has developed an impeccable reputation, over his 30-year career, as a forward-thinking customer services-centric public agency administrator, licensed Civil Engineer and technical manager providing high quality responsive service to public agencies and their citizens.
We have the capabilities to review and inspect any of the disciplines; including but not limited to: California Building Code; California Residential Code; California Existing Buildings Code; Structural Engineering Plan Review will be performed by licensed Civil or Structural Engineers; Title 24 Energy; California Mechanical Code; California Plumbing Code; California Electrical Code; Disabled Access- CASp Compliance: plan review and site accessibility surveys; Green Building and Energy Conservation; OSHPD-3 reviews and certification; California Fire Code; Grading; Drainage; Mapping; Subdivisions.
Our team of over 50 highly qualified, licensed/certified plan review engineers, plans examiners, inspectors and permit technicians with many years of experience are ready to serve the needs of the City of Fountain Valley including 8 SE’s, 15 PE’s in Civil, Mechanical, Electrical and Fire Protection disciplines in addition to experienced and certified plans examiners, inspectors and permit technicians.
We understand the City’s needs for Building and Safety services to augment its staff due to the high level of permit activities and the need to provide high quality, responsive and timely service. Our depth and breadth of resources will allow us to meet the demands and requests of the City in a timely and effective manner. We are able to quickly respond to requests to review building plans and perform inspection services on an as-needed basis. We can respond to fluctuations in workload, as well as requests for expedited project reviews. Our project manager will keep an open line of communication with Building & Safety, Planning Services, and Engineering Reviews managers and respond to requests within 24 hours of requests.
Our singular focus on our motto “personal attentive service and excellence in the delivery of our services” allowed us to become the go-to provider for most of our clients. The common denominator for our success serving our clients is the absolute focus on delivering high quality, responsive and timely services. We will partner with city staff, applicants and designer to come
3 up with practical common-sense solutions to difficult code compliance challenges. Our team is available to handle questions raised by City staff and/or the applicants throughout the day.
Our commitment to the City of Fountain Valley is to provide the highest quality Building and Safety services to you and your clients. More specifically, we commit to the following:
1. Unparalleled Building & Safety expertise of team members, and highest quality of plan review and inspection services.
2. Our Director of Operations will serve as the single point of contact for all communication with the City.
3. We will provide the necessary plan review staffing levels to meet the volume of work and level of permit activities.
4. Open line of communications with City staff and managers and permit applicants.
5. Implementation of a rigorous quality assurance program for all services we provide.
6. Availability to work directly with developers to provide responsive plan review service.
7. Create a balance of consistency, conformance, and efficiency in all plan reviews.
8. Daily pick up of plans at City offices (for paper plans).
9. Professionally prepared comment lists with clear reference to applicable code sections.
10. Commitment to reviewing plans within the agreed upon turn-around times.
11. Ability to provide expedited plan review services upon request.
12. Ability to provide plan review staff to work at the City of Fountain Valley Permit Center.
13. Availability to meet with applicants for pre-submittal meetings to provide high level code review and discussion to ensure a smooth and timely plan review process.
14. Ability to provide technical support to the Building Official and staff such as training, code adoption, developing technical policies, procedures and review/recommendations for Alternate Materials and Methods Requests (AMMR).
15. Our President, Isam Hasenin, will set up regular meetings with the Building Official to discuss process, procedures, technical issues and receive feedback on performance of True North staff.
We express our understanding of the scope of work as outlined in the RFP specification and confirm that all terms and conditions mentioned in the RFP have been thoroughly reviewed, comprehended, and acknowledged by our organization.
I am confident True North Compliance Services, Inc. will meet and exceed the City’s expectations and provide unparalleled high-quality and timely services to the City.
We look forward to working with you and your team and building a long and successful relationship with the City of Fountain Valley.
Sincerely,
Isam Hasenin, MSCE, P.E., CBO, President
12 Section IV- Approach and Schedule
Plan Review Procedures
The following approach and procedures will apply to Plan Review Services. It may be adjusted to better accommodate the specific needs of the City of Fountain Valley:
1. We will pick-up plans at the City of Fountain Valley Permit Center within 24 hours of notification or upload immediately into our cloud-based database for electronic submittals.
2. Review all plan check applications for accuracy and make all necessary revisions to such items as description, square footage, type of construction, occupancy and uses.
3. Format plan review comment lists to compliment the style and requirements of the City of Fountain Valley.
4. Prepare a standard template specific to the City of Fountain Valley to identify specific requirements and items of interest and focus to the City Building & Safety Division.
5. Our plan review philosophy is to perform a thorough review during the first submittal of plans in order to avoid new comments on any subsequent submittals.
6. Open lines of communication with the Building Official and other City managers and staff to ensure accuracy in enforcing City policies, procedures and regulations.
7. Conduct plan reviews within the agreed upon turn-around times established by the City of Fountain Valley.
8. Our team is available to review projects on an expedited basis when requested.
9. Review deferred submittals and revisions within assigned due dates.
10. Email plan check comments to designated Building staff and provide pertinent building/project data and information required on permit application. Building/project data such as description of work, type of construction, uses, occupancy classification, floor area, number of stories, etc. will be provided on the transmittal letter.
11. Supply hard copy or electronic plan review comment, approval letters, and project invoices as required by the City of Fountain Valley.
12. When final review is approved, we will deliver two final sets of approved plans with approval stamps and signatures to the City within 24 (twenty-four) hours of final review and approval.
13. Be available, during regular business hours, to discuss and clarify plan check issues with applicants, designers, owners and consultants. Resolution of code issues may be performed by telephone, or meetings, prior to resubmitting corrected plans and documents.
14. Any plan check issues not resolved between the reviewer and the architect/engineer of record after the second review cycle will be quickly elevated to our QC Manager who will in turn discuss with the Building Official and come up with resolution to the outstanding issues.
15. Communicate and/or meet with the applicant, architect, engineer, other City departments or agencies, as necessary to assist with plan review responses.
16. Participate in pre-submittal meetings during preliminary design stage to provide high level code review and discussion to ensure a smooth and timely plan review process.
17. Our President, Isam Hasenin, will be available to provide technical support and advice to the Building Official, and city staff and managers related to code application and review of Requests for Alternate materials and Methods, administrative aspects of the department, permit fee analysis, preparing local amendments and ordinances and similar services.
18. We will utilize the City’s Permit Tracking System to enter and monitor plan-checking information into the portal.
19. We have a fully automated web-based project tracking system to enter and track all projects assigned by the City. City staff and managers can access the system anytime to check the backlog, status and due dates of any project. They can also review copies of comment lists
13 prepared by our staff. If the City agrees, we can provide access to applicants so they can check status of their projects online without having to call the City or come to the City’s counter.
20. Non-residential plan reviews including Multi-Family Dwellings are reviewed for accessibility compliance by a Certified Access Specialist (CASp).
21. Office hours: our staff is available Monday through Friday from 8:00 am- 5:00 pm to respond to phone calls and email inquiries.
22. We respond to phone calls and emails the same day received. Our plan check staff is available, during regular business hours, to discuss and clarify plan check issues with applicants, designers, owners and consultants.
Plan Check Turn-Around Times
We commit to meeting the City’s turn-around times on all projects reviewed by our eam. Our webbased project tracking system allows both our reviewers and permit technicians to stay on top of project due dates. Our standard turn-around times are 10 days for the first plan check and 5 days for all subsequent checks. Expedited plan reviews will be completed in half the time frames listed. *Express Rechecks By Appointment
We are pleased and excited to offer the City of Fountain Valley our new and innovative solution to expedite and streamline the recheck process. The program, “Express Recheck By Appointment” is a revolutionary approach to expedite the recheck process, minimize the number of review cycles, reduce frustrations and miscommunications between applicants and plan checkers and reduce the workload of City staff in intaking, routing and tracking of the many cycles of plan check and rechecks on submitted projects. The program will be offered at no additional cost to the applicant or City. The service applies to the vast majority of projects reviewed by our staff. Once the applicant is ready for the recheck, he/she will contact True North Office to schedule the “Express Recheck By Appointment”. The appointment will be scheduled within 48 hours of the request. Our plan reviewer will perform the recheck over videoconferencing meeting and sign off items completed.
Electronic Plan Review
True North Compliance Services is able to receive, process, plan review, markup and approval stamp plans electronically and return the electronic plans back to the City. In fact, over 75% of our reviews currently are performed electronically using the Bluebeam platform. We will adhere to the City’s Electronic Plan Review guidelines and policies. We are able to receive and route submittal documents utilizing cloud storage (Box, SharePoint, Drop Box, etc.) links or any other preferred method of the City. Our staff will use Blue Beam to perform the review or other Cityrequired platform.
Building Inspection Services
We have a rigorous internal quality control and assurance program for our inspection services.
Main elements of our program include:
1. Rigorous hiring program to ensure that we only hire highly competent professional and friendly inspectors who believe in True North’s core values and guiding principles.
2. Thorough on-boarding and training program for our team.
3. On-going technical training on latest codes, interpretations, technology and construction methods and techniques.
4. Regular staff meetings to communicate policies, procedures and provide directions.
6. Announced and un-announced audits of inspectors by our Chief of Inspections.
14 7. Regular feedback meetings with City’s Building Official and staff to obtain feedback and input on our staff’s performance.
8. Periodic calls to contractors to seek feedback on performance of our inspection staff.
9. Regular meetings with our inspectors to evaluate performance, offer critique and corrective actions if necessary.
10. All field inspections will be performed through the City’s Community Development Department, Building Division and under the direction of the Building Official or other designated staff.
11. Projects under construction by permit from the City will be inspected for compliance with adopted State of California Building, Mechanical, Plumbing, Electrical, Energy and Fire Codes, as amended by the City Ordinance. This shall include policies and interpretations of said Codes adopted by the City.
12. Perform inspections on construction projects to verify compliance with City of Fountain Valley Municipal Code and State codes and regulations.
Permit Counter Services
True North Compliance Services, Inc. believes that the permit technician position is one of the toughest positions in the Building & Safety Division. Being at the counter all day long handling customer contacts, questions and issues is challenging, especially as we experience the high volume of work and high customer traffic at the public counter. That’s why we believe it takes a certain type of personality to be successful at the position. It’s someone who is pleasant, calm, patient, excellent interpersonal skills and ability to use automation systems. We are pleased to offer staff who meet these criteria and qualifications. More specifically, the permit technician will:
1. Enter permit data into the automated database.
2. Research, compile and prepare various limited reports and presentation graphics.
3. Assist the general public at the front counter or by phone regarding building, planning and engineering permit requirements, plan check fees, plan check filing procedures and processing, and permit status.
4. Research information for public.
5. Accept permit applications and collect permit fees.
6. Review and evaluate plans for completeness and for conformance with ordinances and department standards, policies and guidelines.
7. Review plans for conditions of prior approval.
8. Route plans to other city departments for review.
9. Approve minor permits.
10. Research and respond to public inquiries.
11. Build and maintain positive working relationships with co-workers, City employees and the public using principles of good customer service.
12. Perform related duties as assigned.
13. Utilize City electronic and paper files to research previous and/or related permits.
14. Review permit application for completeness, perform fee calculations, route plans, verify approvals and conditions and issue permits.
15. Provide excellent service to all customers from a homeowner to large developers and designers.
16. Have excellent interpersonal skills, calm demeanor, patient and be a good listener
15 V- Quality Control
True North Compliance’s core values in delivering municipal services are: Ethics, Transparency, Collaboration, Empathy, Customer-Centric service, Communications, and Fiscal Prudence. High quality service, professionalism and excellence in the delivery of municipal services are at the core of what True North Compliance stands for. We share the City’s commitment to delivering responsive and timely service without compromising the quality of the service. To that end, we developed and implemented a rigorous internal quality control and assurance program for all of our services. Here are the major components of our quality control program:
Plan Review and Counter Services
Our established internal intake, plan review, quality control and customer contact procedures ensure that submittals are properly coordinated, tracked and managed. Our plan tracking procedures are designed to track each submittal throughout the review process and maintain accurate and comprehensive records for each submittal. To accomplish this goal, we follow this procedure:
1. We monitor our staff’s performance and interaction with customers at the counter by having customer surveys available for the applicants to complete. We will also randomly call applicants who received our service to check on their satisfaction with the services received from our staff. We will monitor phone calls and produce period reports of customer satisfaction. We will train and provide feedback to our staff related to their customer service skills.
2. Once we receive a project for review from the City, our document control staff screens and logs the project into our internal project tracking system with all appropriate information such as description, scope, review disciplines, Building Department staff, design team contact person and due dates.
3. Our QC Manager will perform an initial cursory review of the project to determine if there are any major code compliance issues that may require immediate discussion with the Building & Safety Division staff and/or design team, then depending on the complexity of the project, assigns to appropriate True North plan review engineers/plans examiners.
4. Plans are assigned to engineers or plans examiners for each of the required disciplines with notes from the QC manager
5. Once the plan review is complete, True North QC Manager will perform quality control of the project by reviewing the project and comments prepared by the assigned plan review engineer/plans examiner.
6. Following the QC phase, final comments will be generated and sent to the Building & Safety Division staff and designated design team member.
Inspection Services
Similar to our plan check quality control program, we have a rigorous internal quality control and assurance program for our inspection services. Main elements of our program include:
1. Rigorous hiring program to ensure that we only hire highly competent professional and friendly inspectors who believe in True North’s core values and guiding principles.
2. Thorough on-boarding and training program for our team.
3. On-going technical training on latest codes, interpretations, technology and construction methods and techniques.
4. Regular staff meetings to communicate policies, procedures and provide directions.
16 5. Regular feedback loop on staff performance.
6. Announced and un-announced audits of inspectors by our Chief of Inspections.
7. Regular feedback meetings with City’s Building Official and staff to obtain feedback and input on our staff’s performance.
8. Periodic calls to contractors to seek feedback on performance of our inspection staff.
9. Regular meetings with our inspectors to evaluate performance, offer critique and corrective actions if necessary.
17 Section VII- Philosophy/Ethical Standards
A primary reason for early success and rapid growth is our strong ethics and professional standards. Our Philosophy & Guiding Principles are: To provide highest quality, timely, costeffective service and build strong successful long-term partnerships with municipal clients.
Our core values in delivering building services are: Ethics, Transparency, Collaboration, Communications, Excellent Customer Service, Empathy, Fiscal Prudence.
We apply our philosophy & Guiding Principles along with our core values to everything we do in the day-to-day operations and in the delivery of all of our services. To that end, we will:
✓ Partner and collaborate with City’s Building Official, Fire Marshal and their staff to deliver a streamlined and expeditious process for plan reviews. ✓ We deliver on every promise we make to our clients.
✓ Deliver timely, high-quality service.
✓ Thorough and complete plan review with clear concise comments during the first review to minimize delays and frustrations.
✓ Reasonable, practical yet safe approach to code compliance. ✓ Availability of our staff and managers to City staff and applicants. ✓ Free early global code review during discretionary process. ✓ Our motto is personal attentive service and excellence in the delivery of municipal services.
We avoid any real or perception of conflict of interest and hold ourselves to the highest ethical standards in the delivery of our services. To that end, we have the following policies and procedures in place:
1. We only work for public agencies in the assessment and verification services. We do not perform any design services to private or public agencies.
2. We do not work for any private developers, designers or engineers.
3. Our staff is not permitted to perform any design or consulting work on their own in any client cities.
4. Our staff and managers are required to disclose any personal financial interest in any city client.
5. Our staff is not permitted to be involved in any way in project reviews, inspections or approval of their personal projects, or their family members or friends.
6. Or staff and managers are not permitted to accept gifts of any monetary value from clients or project applicants and contractors.
7. Or staff and managers are not permitted to develop personal relationships or friendships with project applicants or builders of projects they are working on.
18 VIII- Customer Service Commitment/ Transition
Plan
Our singular focus on our motto “personal attentive service and excellence in the delivery of our services” allowed us to become the go-to provider for most of our clients. The common denominator for our success serving our clients is the absolute focus on delivering high quality, responsive and timely services. We will partner with city staff, applicants and designer to come up with practical common-sense solutions to difficult code compliance challenges. Our team is available to handle questions and issues raised by City staff and/or the applicants throughout the day. Our managers are available around the clock to handle whatever needs our clients might have. We keep an open line of communications with staff and applicants to streamline and expedite the review and approval of projects being reviewed. Our customer service commitment includes the following elements:
2. Application of the code in a reasonable practical yet safe manner, and understanding and applying the spirit and intent of the code whenever needed.
3. Our plan review philosophy is to perform a thorough and accurate plan review during the first submittal in order to avoid new comments and delays during subsequent review cycles and frustrating the applicants and designers.
4. Open lines of communication with the Building Official and other city managers and staff to ensure efficient and high level of customer service.
5. When an applicant disputes plan check comments, our plan check staff is trained and instructed to quickly elevate the issues to our QC manager to work toward quick and effective resolution of the issues.
6. Implementation of our “Express Recheck By Appointment” system to enhance customer service and expedite approval of projects.
7. Office hours: our staff is available Monday through Friday from 8:00 am- 5:00 pm to respond to phone calls and email inquiries.
8. We respond to phone calls and emails the same day received.
9. Our plan check staff is available, during regular business hours, to discuss and clarify plan check issues with applicants, designers, owners and consultants. Resolution of code issues may be performed by telephone, or meetings, prior to resubmitting corrected plans and documents.
Transition and Implementation Plan
Our managers and staff are highly experienced in transitioning services from other consultants.
We have successfully and effectively transitioned services from other consultants for our current clients such as City of the Del Mar, Carlsbad, Dana Point, Malibu, Redwood City, San Bruno and others. We are prepared to immediately engage with the City of Fountain Valley’s Building Official and other City staff to initiate the transition process. Elements of our implementation plan would include the following steps:
1. Our President and Director of Operations will hold an initial implementation meeting in person or via video-conference with the Chief Building Official and his staff as soon as the
19 contract is signed to gain an insight on current key issues, challenges and needs of the Building & Safety Division.
2. Tour the City’s Building Services operation and meet and greet with manager/staff of City departments that are involved in the development review and permitting process.
3. Meet with Planning Division managers to review current applications for discretionary review to gain insight of upcoming construction projects and key project conditions.
4. We would collect all policies and procedures of the Building & Safety Division’s plan review and inspection process.
5. We would provide internal training to our staff on City of Fountain Valley process, technical policies and other applicable local ordinances and regulations.
6. We would establish internal policy manual for City of Fountain Valley plan review and inspection process to ensure our staff follows established procedures and local ordinances and regulations.
7. Set up the process and procedures for plan pick-up, delivery and return of plans.
8. Train our staff on the City’s permitting software system.
9. We would develop standardized plan review checklists specific for the City of Fountain Valley.
10. Process and deliver projects during the last week of transition to test the system and tweak as necessary.
11. Our President, Isam Hasenin will set up regular meetings with the Chief Building Official and other City managers to discuss process, procedures, technical issues and receive feedback on the performance of True North staff.
Hourly rates
Extension #1 Extension #2
start to 6/30/24 7/01/24 - 6/30/25 7/01/24 - 6/30/26 7/01/24 - 6/30/27 7/01/24 - 6/30/28 Building Plan Review $110.00 $110.00 $115.00 $115.00 $120.00 Structural Plan Review $125.00 $125.00 $130.00 $130.00 $135.00 Grading Plan Review $115.00 $115.00 $120.00 $120.00 $125.00 expedited amount $145.00 $145.00 $150.00 $150.00 $155.00 shipping charge: $0.00 $0.00 $0.00 $0.00 $0.00
Permit Technician $65.00 $65.00 $68.00 $68.00 $70.00
Building Inspector $90.00 $90.00 $93.00 $93.00 $96.00
Combo Building Insp $95.00 $95.00 $98.00 $98.00 $100.00 Building Official $145.00 $145.00 $150.00 $150.00 $155.00 charge mileage IRS rate IRS rate IRS rate IRS rate IRS rate EXTRA
Mileage will be
charged only while
performing
inspections for the
city.
Mileage will be
charged only while
performing
inspections for the
city.
Mileage will be
charged only while
performing
inspections for the
city.
Mileage will be
charged only while
performing
inspections for the
city.
Mileage will be
charged only while
performing
inspections for the
city.
Initial contract
Plan check
Staffing
Notes:
Vendor: True North Compliance Services, Inc.
RFP 23-007 Plan Review and On Call Staffing Services Page 51 True North Compliance Services
Review Services Fee
23/24 24/25 25/26
Architectural
Tl $220.00 $225.00 $230.00
NEW $330.00 $340.00 $350.00
NEW R-1/R-2 (>25 units) $440.00 $450.00 $460.00
Suppression System
Sprinkler System-Tl $110.00 $113.00 $116.00
Sprinkler System-New $330.00 $340.00 $350.00
Underground $220.00 $225.00 $230.00
Fire Pump $330.00 $340.00 $350.00
Engineer System $165.00 $170.00 $175.00
Alarm System $275.00 $285.00 $295.oo I
Special Systems/ Processes $220.00 $225.00 $230.00 I
Hazardous Material Disclosure $165.00 $170.00 $175.oo I Developmental Review $165.00 $170.00 $175.oo I
Administration
Revision $110.00 $113.00 $116.00
Additional Review (past 2nd) $110.00 $113.00 $116.00
Expedited Plan Check (per submittal) $165.00 $170.00 $175.00 Time & Material (hourly Rate) $110.00 $113.00 $116.00
Exhibit “B”
InsuranceSpecifications
EXHIBIT “B”
INSURANCE SPECIFICATIONS
Without limiting CONSULTANT’s indemnification of CITY, and prior to performing any work under this AGREEMENT or receiving any compensation, CONSULANT shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.
General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than dollars per occurrence, dollars general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability.
[Check if Applicable] Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of CONSULTANT arising out of or in connection with the work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than dollars combined single limit for each accident. [Check if Applicable] Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least dollars). CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers. [Check if Applicable] Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than dollars that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
[Check if Applicable] Professional liability (errors & omissions) insurance.
CONSULTANT shall maintain professional liability insurance that covers the services to $ 1,000,000.00 $ 2,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 4,000,000.00
be performed in connection with this AGREEMENT, in the minimum amount of dollars per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONSULTANT agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this AGREEMENT.
[Check if Applicable] Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on CONSULTANT’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than dollars per claim and in the aggregate. All activities contemplated in this AGREEMENT shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. Products/completed operations coverage shall extend a minimum of three years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage.
Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.
[Check if Applicable] Explosion, collapse, underground insurance.
CONSULTANT shall furnish a copy of a public liability and property damage insurance policy with “XCU” or equivalent coverage in an amount not less than dollars per person and dollars per occurrence for personal injury. The limit of property damage liability shall be not less than dollars for each occurrence as payment for damages to property which may result from or be caused by such public display of fireworks and arising from any acts of the CONSULTANT, its agent, employees, or subcontractors presenting such public display. CITY, its officers, agents, and employees shall be additional insureds under the policy. CONSULTANT shall not cancel the insurance coverage without fifteen (15) days prior written notice to the State Fire Marshal.
Proof of insurance. CONSULTANT shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsement must be approved by CITY prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract.
CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. CONSULTANT shall 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 this $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 2,000,000.00 $ 1,000,000.00
AGREEMENT by CONSULTANT, his/her/its agents, representatives, employees, or subconsultants. If this AGREEMENT involves construction, CONSULTANT must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.
CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT’s payments. In the alternative, CITY may cancel this AGREEMENT.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY. Notwithstanding the foregoing, XCU insurance shall have a rating of at least B-VI.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of CITY to inform CONSULTANT of noncompliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
Specifications not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
Notice of cancellation. CONSULTANT agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability
policies. Coverage available to the additional insured shall be primary and noncontributory.
Agency’s right to revise specifications. CITY reserves the right at any time during the term of the AGREEMENT to change the amounts and types of insurance required by giving CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to CONSULTANT, CITY and CONSULTANT may renegotiate CONSULTANT’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
Timely notice of claims. CONSULTANT shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
AGREEMENT FOR CONSULTANT SERVICES
CON – –
This AGREEMENT is made and effective as of the EFFECTIVE DATE, by and between the City of Fountain Valley, a municipal corporation ("CITY") and ("CONSULTANT"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This AGREEMENT shall commence on (“EFFECTIVE DATE”)
and remain and continue in effect until all tasks described herein are completed but in no event later than , unless sooner terminated or extended pursuant to the provisions of this AGREEMENT.
2. SERVICES
CONSULTANT shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. NOTICE TO PROCEED
CONSULTANT shall not perform any work or be entitled to any compensation under this AGREEMENT until a written Notice to Proceed is issued by CITY. The Notice to Proceed shall not issue unless and until CONSULTANT submits proof, satisfactory to CITY, of its procurement of appropriate insurance required by this AGREEMENT. The failure of CONSULTANT to submit proof of appropriate insurance within 10 days of the EFFECTIVE DATE is a material breach and shall constitute cause for immediate termination of this AGREEMENT by CITY.
4. PERFORMANCE
CONSULTANT shall at all times faithfully, competently, and to the best of his/her/its ability, experience, and talent perform all tasks described herein.
CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting its obligations under this AGREEMENT.
5. CITY MANAGEMENT
shall represent CITY in
all matters pertaining to the administration of this AGREEMENT, including review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the tasks to be performed or change the compensation due to CONSULTANT.
The City Manager shall be authorized to act on CITY’S behalf and to execute all necessary documents that enlarge the tasks to be performed or change Plan review and Staffing Services The Code Group, Inc "VCA Code" January 1, 2024 January 1, 2027 Community Development Director or their designee
CONSULTANT's compensation, subject to Section 6 hereof.
6. PAYMENT
(a) CITY agrees to pay CONSULTANT in accordance with the payment rates, terms, and schedule of payment set forth in Exhibit A. This amount shall not exceed
Dollars ( ) (“TOTAL CONTRACT SUM”) for the total term of this AGREEMENT unless additional payment is approved as provided in this AGREEMENT.
(b) CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. This written authorization requirement cannot be waived. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager and CONSULTANT at the time CITY’s written authorization is given to CONSULTANT for the performance of said additional services. The City Manager’s authority to approve additional compensation is subject to Fountain Valley Municipal Code section 2.36.110. Approval of additional compensation that exceeds the City Manager’s authority as specified in Fountain Valley Municipal Code section
2.36.110 must be obtained from the City Council.
7. PUBLIC WORK
Notice is provided pursuant to Labor Code Section 1781 that all or a portion of the work contemplated in this AGREEMENT may constitute a “public work” as defined in Chapter 1, Part 7, and Division 2 of the Labor Code, to which Section 1771 applies. If all or a portion of the work contemplated under this AGREEMENT constitutes “public work,” then CONSULTANT shall pay prevailing wages, unless exempt, on those portions of the work which require payment of prevailing wages under the prevailing wage laws (Labor Code, §§ 1720 et seq.), and shall comply with the following:
(a) Prevailing Wage Rates. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages can be found at http://www.dir.ca.gov/OPRL/PWD/index.htm and are on file at City Hall, which shall be made available to any interested party upon request. CONSULTANT shall post a copy of the determination of the director of the prevailing rate of per diem wages at each job site. Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation and travel time, and subsistence pay, all in accordance with Section 1773.1 of the Labor Code. (b) Payroll Records. The provisions of Section 1776 of the Labor Code regarding the preparation, maintenance, and filing of payroll records are applicable to this AGREEMENT. CONSULTANT and each subconsultant shall 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 four hundred two thousand $ 402,000.00
actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him/her/it in connection with the public work. Certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or contain the same information. CONSULTANT’S AND ANY SUBCONSULTANT’S PAYROLL RECORDS SHALL BE SUBMITTED TO CITY ON A WEEKLY BASIS. CONSULTANT SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUBCONSULTANT’S PAYROLL RECORDS. Additionally, CONSULTANT or subconsultant has ten (10) days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Section 1776, subdivision (a), of the Labor Code. In the event that CONSULTANT or subconsultant fails to comply within the ten (10) day period, he/she/it shall, as a penalty to CITY, forfeit One Hundred Dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. CITY may deduct this penalty from any monies due or that may become due CONSULTANT under this AGREEMENT. (c) Penalty. CONSULTANT and any subconsultant under CONSULTANT shall, as a penalty to CITY, forfeit not more than Two Hundred Dollars ($200.00) for each calendar day, or portion thereof, for each worker paid (either by CONSULTANT or any subconsultant under CONSULTANT) less than the prevailing rate set forth herein on the work provided for in this AGREEMENT. CITY may deduct the penalty from any monies due or that may become due CONSULTANT under this AGREEMENT. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall also be paid to each worker by CONSULTANT or subconsultant, in accordance with Section 1775 of the Labor Code of the State of California.
(d) Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen are hereby imposed upon CONSULTANT.
(e) Legal Day’s Work. In the performance of this AGREEMENT, not more than eight (8) hours shall constitute a day’s work, and CONSULTANT shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in Labor Code Section 1815. CONSULTANT shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.), of the Labor Code of the State of California, and it is agreed that CONSULTANT shall forfeit to CITY as a penalty the sum of Twenty-Five Dollars ($25.00) for each worker employed in the execution of this AGREEMENT by CONSULTANT or any subconsultant for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said article. CITY may deduct this penalty from any monies due or that may become due pursuant to this AGREEMENT.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon CONSULTANT, at least thirty (30) days prior, written notice. Upon receipt of
said notice, CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT. (b) In the event this AGREEMENT is terminated pursuant to this section, CITY shall pay to CONSULTANT the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this section, CONSULTANT will submit an invoice to CITY detailing work performed up to the time of termination.
9. DEFAULT OF CONSULTANT
(a) CONSULTANT's failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AGREEMENT, CITY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out of causes beyond CONSULTANT's control, and without fault or negligence of CONSULTANT, it shall not be considered a default.
(b) As an alternative to the procedure for immediate termination for default set forth in subparagraph (a), if CITY determines that CONSULTANT is in default in the performance of any of the terms or conditions of this AGREEMENT, CITY may in its discretion cause to be served upon CONSULTANT a written notice of the default and demand to cure. CONSULTANT shall have ten (10) calendar days after service upon it of said notice to cure the default by rendering a satisfactory performance. In the event that CONSULTANT fails to cure its default within such period of time, CITY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this AGREEMENT.
10. OWNERSHIP OF DOCUMENTS
(a) CONSULTANT shall maintain complete and accurate records with respect to the plans, specifications, estimates, drawings, design calculations, letters, reports, testing results, and other such information including as-built records as required by CITY that relate to the performance of services under this AGREEMENT. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make copies and transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings,
and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion, termination, or suspension of this AGREEMENT all plans, specifications, engineer’s estimates, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of CONSULTANT. With respect to computer files, CONSULTANT shall make available to CITY, at CONSULTANT's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
11. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a professional standard of care for CONSULTANT’s services, to the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend, and hold harmless CITY and any and all of its officials, employees, and agents (“INDEMNIFIED PARTIES”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs to the extent the same are caused in whole or in part by any negligent or wrongful act, error, or omission of CONSULTANT, its officers, agents, employees, or subconsultants (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of professional services under this AGREEMENT. With respect to the design of public improvements, CONSULTANT shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in this AGREEMENT without the written consent of CONSULTANT. With respect to the duty to defend, if CONSULTANT is a design professional as defined in Civil Code Section 2782.8, in no event shall the cost to defend charged to the CONSULTANT exceed the CONSULTANT’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants in a suit is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.
(b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, CONSULTANT shall indemnify, defend, and hold harmless CITY, and any and all of its employees, officials, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by CONSULTANT or by any individual or entity for which CONSULTANT is legally liable, including but not limited to officers, agents, employees, or subconsultants of CONSULTANT.
(c) General Indemnification Provisions. CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant or any other person or entity
involved by, for, with or on behalf of CONSULTANT in the performance of this AGREEMENT. In the event CONSULTANT fails to obtain such indemnity obligations from others as required here, CONSULTANT agrees to be fully responsible according to the terms of this section. Failure of CITY to monitor compliance with these requirements imposes no additional obligations on CITY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend CITY as set forth here is binding on the successors, assigns, or heirs of CONSULTANT and shall survive the termination of this AGREEMENT or this section. Nothing in this indemnity shall be construed as authorizing any award of attorney’s fees in any action on or to enforce the terms of this Indemnity or AGREEMENT. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable.
(d) Indemnity Provisions for Contracts Related to Construction. This paragraph applies only when this AGREEMENT is related to construction. Without affecting the rights of CITY under any provision of this AGREEMENT, CONSULTANT shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY’s active negligence accounts for only a percentage of the liability involved, the obligation of CONSULTANT will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.
12. INSURANCE
Prior to performing any work or receiving any compensation under this AGREEMENT, CONSULTANT shall obtain, and thereafter maintain for the duration of this AGREEMENT, insurance coverage as specified in Exhibit B, attached hereto and incorporated herein as though set forth in full.
13. WARRANTY FOR GOODS
(a) If this AGREEMENT includes the purchase of equipment, supplies, or chattel (hereafter “GOODS”), CONSULTANT shall provide the following warranty of said GOODS, or obtain a warranty from the manufacturer and/or retailer with provisions equal to or exceeding those specified in this Section. In the event the manufacturer’s warranty or retailer’s warranty do not equal or exceed the protections specified in this Section, CONSUTLANT agrees to provide said warranty protections.
The warranty described hereunder extends to the original purchaser of the GOODS warranted under the warranty, and to each transferee owner of the GOODS. The term of this warranty begins on the date the GOODS are delivered to CITY, and continues therefrom. CONSULTANT warrants that:
(1) The GOODS will function properly under normal use, will be of good workmanship, free from defect, of merchantable quality, and fit for CITY’s intended use;
(2) The GOODS will fully comply with any specifications provided by CITY and any samples or documentation provided by CONSULTANT; (3) The GOODS will be free of any security interests, liens, or encumbrances and CONSULTANT has title to the GOODS;
(4) The GOODS will not violate any intellectual property rights of any third party;
(5) The GOODS will be delivered free of the rightful claim of a third person by way of infringement; and
(6) The GOODS are merchantable in accordance with Commercial Code Section 2314.
(b) The warranty listed above is in addition to any other warranties made by CONSULTANT, the manufacturer, retailer, or imposed by law. All warranties will survive inspection and payment by CITY and are assignable to CITY’s successors and assigns. If any GOODS do not meet the warranty, CITY may, at CITY’s option, and without additional cost to CITY:
(1) Require CONSULTANT to repair or replace the GOODS until the GOODS meet the warranty. If CONSULTANT cannot replace the GOODS and repair either is not commercially practicable or cannot be made within three (3) days, CONSULTANT will refund the purchase price;
(2) Return any of the GOODS to CONSULTANT at CONSULTANT’s expense for a full refund;
(3) Correct the nonconformance and charge CONSULTANT for the costs to make the correction; or
(4) Engage a third party to provide substitute GOODS and charge CONSULTANT for the costs of obtaining the substitute GOODS from the third party.
14. INDEPENDENT CONTRACTOR
(a) CONSULTANT is and shall at all times remain as to the CITY a wholly independent contractor. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control. Neither CITY nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees, or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the CITY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatsoever against CITY, or bind CITY in any manner. (b) No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in this AGREEMENT, CITY shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for CITY. CITY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder. In
addition to the indemnification provisions of Section 11, CONSULTANT shall indemnify, defend, and hold CITY harmless from claims or liability arising from CONSULTANT’s employees for CITY benefits including, but not limited to, pension, health benefits, holiday, vacations, etc.
15. LEGAL RESPONSIBILITIES
CONSULTANT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this AGREEMENT. CONSULTANT shall at all times observe and comply with all such laws and regulations. CITY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of CONSULTANT to comply with this Section.
16. POLITICAL REFORM ACT
If the Political Reform Act requires CONSULTANT to file a Form 700, then CONSULTANT must file a Form 700 with full disclosure within 30 days of assuming office and thereafter must file an annual statement for each calendar year of this AGREEMENT.
17. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of CITY in connection with the award, terms, or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the CITY will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee, or agent of CONSULTANT, in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT. Violation of this section shall be a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity.
18. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of CITY, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with this AGREEMENT.
19. RELEASE OF INFORMATION / CONFLICTS OF INTEREST
(a) All information gained by CONSULTANT in performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without CITY’s prior written authorization. CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the Attorney for the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information
concerning the work performed under this AGREEMENT or relating to any project or property located within the CITY. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena.
(b) CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this AGREEMENT and the work performed thereunder or with respect to any project or property located within the CITY.
CITY retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding. CONSULTANT agrees to cooperate fully with CITY and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, CITY's right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.
20. SECURITY OF INFORMATION
CONSULTANT shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information acquired during performance of this AGREEMENT that could result in the unauthorized disclosure, misuse, alteration, destruction, or other compromise of the information.
CONSULTANT shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment.
21. NOTICES
Any notices which either party may desire to give to the other party under this AGREEMENT must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
CITY CONSULTANT
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, California 92708
Attention: City Clerk
22. ASSIGNMENT
CONSULTANT shall not assign the performance of this AGREEMENT, nor The Code Group, Inc. 1845 W. Orangewood #210 Orange, CA 92868 Attention:
any part thereof, nor any monies due hereunder, without the prior written consent of CITY.
[Check if Applicable] CONSULTANT shall provide CITY fourteen (14) days’ notice prior to the departure of any key personnel from CONSULTANT’s employ.
Should key personnel leave CONSULTANT’s employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this AGREEMENT, CONSULTANT’s sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and CONSULTANT.
[Check if Applicable] Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only (“PRINCIPAL”) shall perform the services described in this AGREEMENT. PRINCIPAL may use assistants, under his/her direct supervision, to perform some of the services under this AGREEMENT. CONSULTANT shall provide CITY fourteen (14) day's notice prior to the departure of PRINCIPLE from CONSULTANT's employ. Should he or she leave CONSULTANT's employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period.
Upon termination of this AGREEMENT, CONSULTANT's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between CITY and CONSULTANT.
23. LICENSES
At all times during the term of this AGREEMENT, CONSULTANT shall have in full force and effect, all licenses required of it by law for the performance of the services described in this AGREEMENT including, but not limited to, a Fountain Valley business license.
24. GOVERNING LAW
CITY and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this AGREEMENT. Any litigation concerning this AGREEMENT shall take place in Orange County Superior Court or Central District of California Federal District Court.
25. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this AGREEMENT and shall be of no further force or effect. Each party is entering into this AGREEMENT based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
26. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
CONSULTANT is bound by the contents of CITY’s Request for Proposals and the contents of the Proposal submitted by CONSULTANT. In the event of conflict, this AGREEMENT shall take precedence over CITY’s Request for Proposals and CONSULTANT’s Proposal; and CITY’s Request for Proposals shall take precedence over CONSULTANT’s Proposal. No limitation of CONSULTANT’s liability, waiver of rights of CITY, or release of rights or remedies held by CITY, contained in CONSULTANT’s Proposal shall be of any force or effect.
27. INTERPRETATION
In the event of conflict or inconsistency between this AGREEMENT and any other document, including any proposal or Exhibit hereto, this AGREEMENT shall control unless a contrary intent is clearly stated. This AGREEMENT shall be interpreted as though drafted by all parties hereto.
28. MODIFICATION
No modification to this AGREEMENT shall be effective unless it is in writing and signed by authorized representatives of the parties hereto. The written modification requirement cannot be waived.
29. ATTORNEY FEES
In any action or proceeding brought by either party against the other party arising out of or in any way connected to this AGREEMENT, or where any provision hereof is validly asserted as a defense, the parties shall bear their own attorney’s fees, costs, and expenses. Nothing in this provision shall excuse CONSULTANT’s duty to provide CITY with a defense at CONSULTANT’s cost when CITY receives a complaint, petition, or other pleading from a third party requiring CITY to defend itself.
30. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONSULTANT warrants and represents that he/she/they has the authority to execute this AGREEMENT on behalf of CONSULTANT and has the authority to bind CONSULTANT to the performance of his/her/its obligations hereunder ///
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Exhibit “A”
Scope of Services
And Payment Terms
13 Approach and Schedule
VCA Code | 1845 W. Orangewood Ave., #210, Orange, CA 92868 | 714.363.4700 City of Fountain Valley
RFP 23-007 Plan Review and On-Call Staffing Services
August 8, 2023
4. Approach and Schedule
A Partner to the City Fostering relationships with municipal staff is important to VCA, and we believe in aligning our processes with the City rather than imposing our own. We are happy to make any adjustments and assist with process improvements. Our team will respond to inquiries within one business day, and any urgent matters will be handled ASAP. We are committed to acting with integrity in all our relationships, and our values such as respect, compassion, and dependability resonate throughout our work. We do not believe in misrepresenting the firm for gain; any stakeholder can rely on us to provide genuine service.
As a partner to the City, our goal is to relieve burdens on your staff and provide solutions, not create more problems. We work as an extension of City staff which translates into consistent quality, open communication, and smooth workflow. Clients can rely on our team’s enthusiasm and transparency when addressing issues and developing solutions.
A. Plan Review Services
1. Plan review shall be performed remotely at VCA’s offices and not at City offices.
2. VCA will assign personnel who are professionally qualified to perform commercial and/or residential construction
document plan review as determined by the City. Nonresidential plan reviews including Multi-Family Dwellings shall be reviewed for accessibility compliance by a
Certified Access Specialist (CASp).
3. VCA designates Bob Heinrich, Principal and President, as the responsible contact for communications between the City and VCA.
4. VCA will furnish assigned personnel with all necessary materials, resources and training to conduct plan review, including a current copy of applicable City amendments, policies, procedures, ordinances, and forms.
5. VCA, upon request of the City, shall attend meetings connected with plan review for high priority projects, as needed, and as specified in the fee structure for plan check section for this RFP.
6. Plan review approval shall not be recommended to the City until all code compliance issues are resolved to the best of consultant’s knowledge and all permit issuance requirements of the City Building Division and Community Development Department are satisfied. VCA will contact City if there are questions or other arrangements are requested.
7. VCA shall review plans for compliance with California Building Code (CBC), California Residential Code (CRC), California Mechanical Code (CMC), California Plumbing Code (CPC), California Electrical Code (CEC), California Energy Code (CEC Part 6 of the California Building Standards Code), California Green Building Standards Code (CGBSC), California Fire Code (CFC), applicable municipal codes as adopted and amended by the City.
8. VCA will retrieve, perform and submit plan review electronically or, periodic paper project submitted to the City. VCA will conduct each plan review in a timely manner and within time-frame guidelines. Upon completion of each plan review, VCA will return the VCA’s team of ICC Plan
Checkers, including two
CASp, work directly out
of VCA offices.
14 Approach and Schedule
VCA Code | 1845 W. Orangewood Ave., #210, Orange, CA 92868 | 714.363.4700 City of Fountain Valley
RFP 23-007 Plan Review and On-Call Staffing Services
August 8, 2023
reviewed documents to the City and provide an electronic copy of the plan review comments. Upon completion of the plan review where approval of the documents is recommended, VCA will provide a complete set of all final review documents annotated as approved to the City of Fountain Valley, Building Division.
9. Plan review comment letters shall be completed in an approved electronic format and provided to the City electronically.
10. Code interpretations are subject to final review and approval by the Building Official. All plan review comments are subject to the review of the City as requested.
11. VCA will perform services, including complete plan review, administration and, if applicable, transportation of paper projects to and from the Permit center, within appropriate timeframes established by the City. First review is to be performed within 10 business days and any subsequent
review (resubmittal, revision or deferred submittal) within 5 business days. In the event that the consultant cannot
perform these services within the designated timeframes, VCA will notify the City of when to expect completion.
12. VCA will be available within one (1) business day to respond to questions from the City that may be generated during field inspection for each authorized plan review that is subsequently issued a permit for construction.
13. VCA will provide plan check staff with ICC certifications. Not only does our plan check team undergo regular training to keep up-to-date on the most recent code changes, but they also maintain approved, client-specific correction lists to preserve consistency. Their review will include the following:
o California Building Code
o California Residential Code
o California Electrical Code
o California Mechanical Code
o California Plumbing Code
o California Energy Code
o California Historical Building Code
o California Fire Code
o California Existing Building Code
o California Green Building Code (CALGreen)
o Fountain Valley Local Amendments
Our team of full-time plan check coordinators is dedicated to streamlining the plan review process by ensuring a seamless transition between consultants, proper routing of plans, and addressing any questions raised by applicants.
VCA’s ability to manage multiple deadlines and achieve desired turnaround times is made possible by our proprietary plan tracking system. We will adhere to the City’s prescribed review times.
We will transport
plans and perform
plan check services
in compliance with
the City’s timelines
and procedures.
15 Approach and Schedule
VCA Code | 1845 W. Orangewood Ave., #210, Orange, CA 92868 | 714.363.4700 City of Fountain Valley
RFP 23-007 Plan Review and On-Call Staffing Services
August 8, 2023
B. Professional Staffing Services
1. Building Field Inspection Services
a. All field inspections shall be performed through the City’s Community Development Department, Building Division and under the direction of the Building Official or other designated staff.
b. Consultant shall assign personnel who are professionally qualified as determined by the City to perform commercial and/or residential construction inspection or accessibility inspection. All materials, resources, tools, iPads, phones and training shall be supplied by the Consultant.
c. Projects under construction by permit from the City shall be inspected for compliance with adopted State of California Building, Mechanical, Plumbing, Electrical, Energy and Fire Codes, as amended by the City Ordinance. This shall include policies and interpretations of said Codes adopted by the City.
2. Permit Counter Services
VCA will, at the request of the City, assign permit technician or other permit counter staffing to assist customers at the permit counter, including but not limited to plan intake, over the counter permit issuance, assistance with questions on building and planning code requirements, etc.
On an on-call basis, VCA’s Staffing Division will promptly assign support staff including building official, building inspector, and permit technician. Though placement is based on availability, this process is typically quick because our recruiters maintain a robust pipeline of qualified staff specializing in a wide range of disciplines. Our team is efficient at providing resumes to the City for initial review, setting up interviews with candidates, onboarding new staff, and handling concerns prior and during assignment. Through VCA, the City will have access to a multitude of industry resources including International Code Council (ICC) certified personnel for staff augmentation, code experts for overflow or specialized plans, code training and ordinance assistance, and the expertise of an established consultant in municipal building departments across California. We provide ongoing training, mentorship, and support to ensure our employees consistently deliver exceptional results. Choosing VCA means partnering with a team of experts dedicated to your City’s specific needs, whether that is for building services or other staffing requests.
16 Quality Control
VCA Code | 1845 W. Orangewood Ave., #210, Orange, CA 92868 | 714.363.4700 City of Fountain Valley
RFP 23-007 Plan Review and On-Call Staffing Services
August 8, 2023
5. Quality Control
Unlike competitors, VCA staffs a core in-house team of dedicated plan checkers and recruiters.
With a coordinated plan check team working out of VCA’s headquarters, corrections stay consistent and the whereabouts of assigned plans are easily tracked. We are committed to handling your plan check workload and are able to do so with our Director of Plan Check maintaining strict quality standards, and our Client Services Manager overseeing plan routing and customer service.
Our organized recruiters manage all client requests and candidate pools to accomplish staffing requests quickly and efficiently. Contract staffing through VCA is straightforward; we source and screen candidates tailored to your requests, whether that is a junior plan checker or a combination inspector with 10 years of experience. Our team expertly manages potential candidates, so minimal effort is needed from municipal staff and their time can be optimized elsewhere.
Stay Ahead on Plan Check with VCA’s Skilled Team
Our plan check team consists of ICC certified plans examiners, plan check engineers, licensed structural and civil engineers, and licensed architects. Most possess at least six years of plan review experience with many working over twenty years in the industry. They will review each project to meet all requirements of the California Code Regulations (CCR Title 24), including compliance with relevant City, State, and Federal Laws. Our team’s diverse skillset can cover the City’s current and future plan review needs, including but not limited to:
1. Smooth Transition: VCA will meet with designated City staff to address the following:
a. Understand City’s plan check procedures and requirements to be followed; b. Confirm applicable City codes, amendments, policies, and procedures; c. Discuss key concerns related to applicants;
d. Establish ongoing operating procedures between the City and VCA; e. Attend meetings with project representatives as-needed to address questions
2. Beginning with the End in Mind: VCA employs a full-time Plan Check Client Services Manager, Ms. Yolanda Huerta, and coordination staff. A 25-year veteran Permit Technician, Ms. Huerta opens each set of plans to review for completeness. If portions are missing, she immediately notifies the City. Each plan is entered into our proprietary plan tracking system by our plan check coordinators and assigned to a plans examiner.
3. Consistent Corrections & Rechecks: Each city is assigned a Lead Plan Checker to understand that City’s nuances and create a template approved by the City. The Lead performs most of ✓ Building
✓ Structural
✓ Architectural
✓ Mechanical
✓ Electrical
✓ Plumbing
✓ Energy
✓ CALGreen
✓ Solar
✓ Fire/Life Safety
✓ Grading/Drainage
✓ Seismic
✓ Accessibility/ADA/CASp
✓ Geotechnical
✓ Stormwater
✓ Flood Zone
✓ OSHPD-3
✓ Cannabis
17 Quality Control
VCA Code | 1845 W. Orangewood Ave., #210, Orange, CA 92868 | 714.363.4700 City of Fountain Valley
RFP 23-007 Plan Review and On-Call Staffing Services
August 8, 2023
that City’s plan check work and also trains others to maintain uniformity not only amongst themselves, but also with the City. With this system, we consistently write corrections that only the City would write. For rechecks, plans are given to the original plans examiner to save time and money in approving corrections, expedite the review process, and keep conversations with applicants concise.
4. Expert Eye on Plans: Our Director of Plan Check, Mr. Samir Ghosn, previously managed the plan check division at the City of Newport Beach, and he conducts oversight and training of VCA’s plan check team to uphold a high standard level. This control and quality assurance allows our team to deliver plan corrections that are thoroughly reviewed, concise, and based on applicable codes and regulations. Should there be any concerns regarding quality control, our staff are happy to meet with applicants.
5. Firm Grasp of Plans & Deadlines:
Pertinent data is entered into our
custom tracking system; each set of
plans receives a bar code that allows
VCA to track every entry into our
system. Due dates are transparent and
openly displayed on a screen similar to
a flight status board. With this system, VCA reviews plan checkers’ activities, the number of reviews, hours, fees, notes, and any information received from the City or applicants which can be easily relayed back to the City. We will follow the City’s prescribed turnaround times.
6. Plan Transmittal Your Way: We are happy to transport plans however the City wants whether it’s through the City portal, email, SharePoint, ShareFile, Dropbox, mail courier, etc. Our team’s technological competence has in the past facilitated the transition from paper to digital plans for our clients. We understand the importance of speed and convenience, and our expertise in electronic plan transmittal and plan review will accelerate this process for the City.
7. Unique Solution for Plan Check: Saving time, money, and labor, VCA developed the concept of Client Directed Expedited Plan Check. One of the largest headaches for Building Departments is handling unrealistic expectations from demanding customers. As a leader in bringing thoughtful industry solutions to the government sphere, VCA Code’s President, Bob Heinrich, crafted this proprietary system to help cities:
• Eliminate complaints to government leadership, especially on politicized projects • Remove complaints related to turnaround times because the customer selects their timeframes
• Relieve staff burden because the customer works directly with VCA • Avoid issues with fees because the applicant chooses their own fee amount • Retain higher percentage of the fee and allow additional resources for the City’s usage We are the only consultant with experience in the successful implementation of this service that benefits all parties involved. Our team is available to discuss this option in more detail.
18 Quality Control
VCA Code | 1845 W. Orangewood Ave., #210, Orange, CA 92868 | 714.363.4700 City of Fountain Valley
RFP 23-007 Plan Review and On-Call Staffing Services
August 8, 2023
Consistently Augment Your Staff with Quality Personnel
1. Clear Understanding of Needs: Upon contract commencement, VCA’s Director of Staffing, Rick Bergin, will connect with the City’s point of contact to establish current and future needs. VCA’s Staffing Division strategically maintains a pool of qualified professionals to staff municipalities as needed. By leveraging our team’s expertise, the City will have access to not only qualified candidates for the initial scope, but also ongoing assistance in evolving staffing and recruiting needs.
2. Expert Recruiting: Our professional recruiters are highly experienced in attracting and selecting candidates and maintaining a pipeline of qualified contract staff by keeping consistent communication with past and potential candidates. We have access to a multitude of hiring resources and connections to sustain demand. Our Staffing Division meets weekly to go over requests and monitor progress to avoid delays and swiftly handle all requests.
3. Comprehensive Screening: VCA complies with all State and Federal employment laws. We meet with candidates to gauge work ethic and evaluate their knowledge and skills. After our initial screening, we provide relevant resumes to the City for interviews and approval.
VCA also confirms certifications/licenses, runs required background checks, and/or coordinates with the City’s live scan process. We will adhere to all City requirements.
4. Consistent Staffing: Once a candidate is selected by the City, VCA manages the onboarding process for a smooth transition. Should any personnel be absent or get reassigned, we will present the resumes of highly qualified replacements for affected functions. Deployment of staff typically takes 2-10 working days depending on availability. Because VCA employs expert recruiters, we are able to minimize turnaround time without cutting corners.
5. Continual Management, Training, and Support: Once personnel are placed, our staffing team continues oversight and management of employees, resolving any concerns from City staff. Supervision will be provided including training, performance, attendance, disciplinary action, and work product. Our philosophy entails meeting our clients’ specific staffing needs which is why we provide cross-training and cover costs for education and certifications. We are committed to supplying capable staff and making suitable adjustments based on client needs.
Hourly rates
Extension #1 Extension #2
start to 6/30/24 7/01/24 - 6/30/25 7/01/24 - 6/30/26 7/01/24 - 6/30/27 7/01/24 - 6/30/28 Building Plan Review $125.00 $130.00 $135.00 $140.00 $146.00 Structural Plan Review $125.00 $130.00 $135.00 $140.00 $146.00 Grading Plan Review $125.00 $130.00 $135.00 $140.00 $146.00 expedited amount 1.5x 1.5x 1.5x 1.5x 1.5x
shipping charge: no charge no charge no charge no charge no charge Permit Technician $70.00 $70.00 $70.00 $73.50 $73.50
Building Inspector $90.00 $90.00 $90.00 $94.50 $94.50
Combo Building Insp $100.00 $100.00 $100.00 $105.00 $105.00 Building Official $150.00 $150.00 $150.00 $157.50 $157.50 charge mileage IRS Mileage Rate IRS Mileage Rate IRS Mileage Rate IRS Mileage Rate IRS Mileage Rate EXTRA
Initial contract
Plan check
Staffing
Notes:
Vendor: The Code Group, Inc. (VCA Code)
Overtime is 1.5x the hourly rate. 2-hour minimum fee may apply.
RFP 23-007 Plan Review and On Call Staffing Services Page 77 VCA Code "The Code Group"
Review Services Fee
23/24 24/25 25/26
Architectural
Tl $220 $231 $243
NEW $330 $347 $364
NEW R-1/R-2 (>25 units) $440 $462 $485
Suppression System
Sprinkler System-Tl $110 $116 $121
Sprinkler System-New $330 $347 $364
Underground $220 $231 $243
Fire Pump $330 $347 $364
Engineer System $165 $173 $182
Alarm System $275 $289 $303
Special Systems/ Processes $220 $231 $243
Hazardous Material Disclosure $165 $173 $182
Developmental Review $165 $173 $182
Administration
Revision $110 $116 $121
Additional Review (past 2nd) $110 $116 $121
Expedited Plan Check (per submittal) $165 $173 $182
Time & Material (hourly Rate) $110 $116 $121
Exhibit “B”
InsuranceSpecifications
EXHIBIT “B”
INSURANCE SPECIFICATIONS
Without limiting CONSULTANT’s indemnification of CITY, and prior to performing any work under this AGREEMENT or receiving any compensation, CONSULANT shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.
General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than dollars per occurrence, dollars general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability.
[Check if Applicable] Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of CONSULTANT arising out of or in connection with the work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than dollars combined single limit for each accident. [Check if Applicable] Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least dollars). CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers. [Check if Applicable] Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than dollars that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
[Check if Applicable] Professional liability (errors & omissions) insurance.
CONSULTANT shall maintain professional liability insurance that covers the services to $ 1,000,000.00 $ 2,000,000.00 4
$ 1,000,000.00 4
$ 1,000,000.00 4
$ 4,000,000.00 4
be performed in connection with this AGREEMENT, in the minimum amount of dollars per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONSULTANT agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this AGREEMENT.
[Check if Applicable] Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on CONSULTANT’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than dollars per claim and in the aggregate. All activities contemplated in this AGREEMENT shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. Products/completed operations coverage shall extend a minimum of three years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage.
Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.
[Check if Applicable] Explosion, collapse, underground insurance.
CONSULTANT shall furnish a copy of a public liability and property damage insurance policy with “XCU” or equivalent coverage in an amount not less than dollars per person and dollars per occurrence for personal injury. The limit of property damage liability shall be not less than dollars for each occurrence as payment for damages to property which may result from or be caused by such public display of fireworks and arising from any acts of the CONSULTANT, its agent, employees, or subcontractors presenting such public display. CITY, its officers, agents, and employees shall be additional insureds under the policy. CONSULTANT shall not cancel the insurance coverage without fifteen (15) days prior written notice to the State Fire Marshal.
Proof of insurance. CONSULTANT shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsement must be approved by CITY prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract.
CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. CONSULTANT shall 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 this $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 2,000,000.00 $ 1,000,000.00
AGREEMENT by CONSULTANT, his/her/its agents, representatives, employees, or subconsultants. If this AGREEMENT involves construction, CONSULTANT must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.
CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT’s payments. In the alternative, CITY may cancel this AGREEMENT.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY. Notwithstanding the foregoing, XCU insurance shall have a rating of at least B-VI.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of CITY to inform CONSULTANT of noncompliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
Specifications not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
Notice of cancellation. CONSULTANT agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability
policies. Coverage available to the additional insured shall be primary and noncontributory.
Agency’s right to revise specifications. CITY reserves the right at any time during the term of the AGREEMENT to change the amounts and types of insurance required by giving CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to CONSULTANT, CITY and CONSULTANT may renegotiate CONSULTANT’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
Timely notice of claims. CONSULTANT shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
AGREEMENT FOR CONSULTANT SERVICES
CON-
WATER FEATURE MAINTENANCE
This AGREEMENT is made and effective as of the EFFECTIVE DATE, by and between the City of Fountain Valley, a municipal corporation ("CITY") and California Waters Development, Inc. ("CONSULTANT"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This AGREEMENT shall commence on January 1, 2024 (“EFFECTIVE DATE”) and remain and continue in effect until all tasks described herein are completed but in no event later than June 30, 2026, unless sooner terminated or extended pursuant to the provisions of this AGREEMENT. This AGREEMENT may be extended for up to two additional one-year periods at the option of the CITY.
2. SERVICES
CONSULTANT shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. NOTICE TO PROCEED
CONSULTANT shall not perform any work or be entitled to any compensation under this AGREEMENT until a written Notice to Proceed is issued by CITY. The Notice to Proceed shall not issue unless and until CONSULTANT submits proof, satisfactory to CITY, of its procurement of appropriate insurance required by this AGREEMENT. The failure of CONSULTANT to submit proof of appropriate insurance within 10 days of the EFFECTIVE DATE is a material breach and shall constitute cause for immediate termination of this AGREEMENT by CITY.
4. PERFORMANCE
CONSULTANT shall always faithfully, competently, and to the best of his/her/its ability, experience, and talent perform all tasks described herein.
CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting its obligations under this AGREEMENT.
5. CITY MANAGEMENT
The Public Works Director or his designee shall represent CITY in all matters pertaining to the administration of this AGREEMENT, including review and approval of
all products submitted by CONSULTANT, but not including the authority to enlarge the tasks to be performed or change the compensation due to CONSULTANT. The City Manager shall be authorized to act on CITY’S behalf and to execute all necessary documents that enlarge the tasks to be performed or change CONSULTANT's compensation, subject to Section 6 hereof.
6. PAYMENT
(a) CITY agrees to pay CONSULTANT in accordance with the payment rates, terms, and schedule of payment set forth in Exhibit A. This amount shall not exceed NINE THOUSAND SEVEN HUNDRED FORTY AND 00/100 Dollars ($9,740.00) for January 1, 2024 – June 30, 2024; FOURTEEN THOUSAND NINE HUNDRED SIXTY AND 00/100 Dollars ($14,960.00) for July 1, 2024 – June 30, 2025 and FIFTEEN THOUSAND SIX HUNDRED EIGHTY AND 00/100 Dollars ($15,680.00) for July 1, 2025 – June 30, 2026 unless additional payment is approved as provided in this AGREEMENT. (b) CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. This written authorization requirement cannot be waived. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager and CONSULTANT at the time CITY’s written authorization is given to CONSULTANT for the performance of said additional services. The City Manager’s authority to approve additional compensation is subject to Fountain Valley Municipal Code section 2.36.110. Approval of additional compensation that exceeds the City Manager’s authority as specified in Fountain Valley Municipal Code section
2.36.110 must be obtained from the City Council.
7. PUBLIC WORK
Notice is provided pursuant to Labor Code Section 1781 that all or a portion of the work contemplated in this AGREEMENT may constitute a “public work” as defined in Chapter 1, Part 7, and Division 2 of the Labor Code, to which Section 1771 applies. If all or a portion of the work contemplated under this AGREEMENT constitutes “public work,” then CONSULTANT shall pay prevailing wages, unless exempt, on those portions of the work which require payment of prevailing wages under the prevailing wage laws (Labor Code, §§ 1720 et seq.), and shall comply with the following:
(a) Prevailing Wage Rates. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages can be found at
http://www.dir.ca.gov/OPRL/PWD/index.htm and are on file at City Hall, which shall be made available to any interested party upon request. CONSULTANT shall post a copy of the determination of the director of the prevailing rate of per diem wages at each job site.
Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation and travel time, and subsistence pay, all in accordance with Section 1773.1 of the Labor Code.
(b) Payroll Records. The provisions of Section 1776 of the Labor Code regarding the preparation, maintenance, and filing of payroll records are applicable to this AGREEMENT. CONSULTANT and each subconsultant shall 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 him/her/it about the public work. Certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or contain the same information. CONSULTANT’S AND ANY SUBCONSULTANT’S PAYROLL RECORDS SHALL BE SUBMITTED TO CITY ON A WEEKLY BASIS. CONSULTANT SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUBCONSULTANT’S PAYROLL RECORDS. Additionally, CONSULTANT or subconsultant has ten (10) days in which to comply after receipt of a written notice requesting the records enumerated in Section 1776, subdivision (a), of the Labor Code. If CONSULTANT or subconsultant fails to comply within the ten (10) day period, he/she/it shall, as a penalty to CITY, forfeit One Hundred Dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. CITY may deduct this penalty from any monies due or that may become due CONSULTANT under this AGREEMENT.
(c) Penalty. CONSULTANT and any subconsultant under CONSULTANT shall, as a penalty to CITY, forfeit not more than Two Hundred Dollars ($200.00) for each calendar day, or portion thereof, for each worker paid (either by CONSULTANT or any subconsultant under CONSULTANT) less than the prevailing rate set forth herein on the work provided for in this AGREEMENT. CITY may deduct the penalty from any monies due or that may become due CONSULTANT under this AGREEMENT. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall also be paid to each worker by CONSULTANT or subconsultant, in accordance with Section 1775 of the Labor Code of the State of California. (d) Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen are hereby imposed upon CONSULTANT.
(e) Legal Day’s Work. In the performance of this AGREEMENT, not more than eight (8) hours shall constitute a day’s work, and CONSULTANT shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in Labor Code Section 1815. CONSULTANT shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.), of the Labor Code of the State of California, and it is agreed that CONSULTANT shall forfeit to CITY as a penalty the sum of Twenty-Five Dollars ($25.00) for each worker employed in the execution of this AGREEMENT by CONSULTANT or any subconsultant for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said article. CITY may deduct this penalty from any monies due or that may become due pursuant to this
AGREEMENT.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon CONSULTANT, at least thirty (30) days prior, written notice. Upon receipt said notice, CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.
(b) In the event this AGREEMENT is terminated pursuant to this section, CITY shall pay to CONSULTANT the actual value of the work performed up to the time of termination, if the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this section, CONSULTANT will submit an invoice to CITY detailing work performed up to the time of termination.
9. DEFAULT OF CONSULTANT
(a) CONSULTANT's failure to comply with the provisions of this AGREEMENT shall constitute a default. If CONSULTANT is in default for cause under the terms of this AGREEMENT, CITY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out of causes beyond CONSULTANT's control, and without fault or negligence of CONSULTANT, it shall not be considered a default.
(b) As an alternative to the procedure for immediate termination for default set forth in subparagraph (a), if CITY determines that CONSULTANT is in default in the performance of any of the terms or conditions of this AGREEMENT, CITY may in its discretion cause to be served upon CONSULTANT a written notice of the default and demand to cure. CONSULTANT shall have ten (10) calendar days after service upon it of said notice to cure the default by rendering a satisfactory performance. If CONSULTANT fails to cure its default within such period, CITY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this AGREEMENT.
10. OWNERSHIP OF DOCUMENTS
(a) CONSULTANT shall maintain complete and accurate records with respect to the plans, specifications, estimates, drawings, design calculations, letters, reports, testing results, and other such information including as-built records as required by CITY that relate to the performance of services under this AGREEMENT. CONSULTANT shall
maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make copies and transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion, termination, or suspension of this AGREEMENT all plans, specifications, engineer’s estimates, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of CONSULTANT. With respect to computer files, CONSULTANT shall make available to CITY, at CONSULTANT’s office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
11. INDEMNIFICATION
(a) Indemnification for Professional Liability.
(i) Indemnification for Professional Liability Generally. When the law establishes a professional standard of care for CONSULTANT’s services, to the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend, and hold harmless CITY and any and all of its officials, employees, and agents (“INDEMNIFIED PARTIES”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs to the extent the same are caused in whole or in part by any negligent or wrongful act, error, or omission of CONSULTANT, its officers, agents, employees, or subconsultants (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of professional services under this AGREEMENT.
(ii) Indemnification for Services of a Design Professional. If this AGREEMENT is for design professional services, CONSULTANT’s duty to defend, indemnity, and hold CITY harmless for CONSULTANT’s design professional liability shall be as provided in this paragraph. To the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend, and hold harmless INDEMNIFIED PARTIES from and against any and all losses, liabilities, damages, costs, expenses, and claims, including attorney’s fees and costs, to the extent the same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. In no event shall the cost to defend charged to the CONSULTANT exceed the CONSULTANT’S proportionate percentage of fault. CONSULTANT shall not be liable for any injuries or property damage resulting from the reuse of the design
at a location other than that specified in this AGREEMENT without the written consent of CONSULTANT.
(b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, CONSULTANT shall indemnify, defend, and hold harmless CITY, and any and all of its employees, officials, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by CONSULTANT or by any individual or entity for which CONSULTANT is legally liable, including but not limited to officers, agents, employees, or subconsultants of CONSULTANT.
(c) General Indemnification Provisions. CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each subconsultant or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this AGREEMENT. In the event CONSULTANT fails to obtain such indemnity obligations from others as required here, CONSULTANT agrees to be fully responsible according to the terms of this section.
Failure of CITY to monitor compliance with these requirements imposes no additional obligations on CITY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend CITY as set forth here is binding on the successors, assigns, or heirs of CONSULTANT and shall survive the termination of this AGREEMENT or this section. Nothing in this indemnity shall be construed as authorizing any award of attorney’s fees in any action on or to enforce the terms of this Indemnity or AGREEMENT.
This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable.
(d) Indemnity Provisions for Contracts Related to Construction. This paragraph applies only when this AGREEMENT is related to construction. Without affecting the rights of CITY under any provision of this AGREEMENT, CONSULTANT shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY’s active negligence accounts for only a percentage of the liability involved, the obligation of CONSULTANT will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.
12. INSURANCE
Prior to performing any work or receiving any compensation under this AGREEMENT, CONSULTANT shall obtain, and thereafter maintain for the duration of this AGREEMENT, insurance coverage as specified in Exhibit B, attached hereto and incorporated herein as though set forth in full.
13. WARRANTY FOR GOODS
(a) If this AGREEMENT includes the purchase of equipment, supplies, or chattel (hereafter “GOODS”), CONSULTANT shall provide the following warranty of said GOODS, or obtain a warranty from the manufacturer and/or retailer with provisions equal to or exceeding those specified in this Section. In the event the manufacturer’s warranty or retailer’s warranty do not equal or exceed the protections specified in this Section, CONSULTANT agrees to provide said warranty protections. The warranty described hereunder extends to the original purchaser of the GOODS warranted under the warranty, and to each transferee owner of the GOODS. The term of this warranty begins on the date the GOODS are delivered to CITY, and continues therefrom. CONSULTANT warrants that:
(1) The GOODS will function properly under normal use, will be of good workmanship, free from defect, of merchantable quality, and fit for CITY’s intended use; (2) The GOODS will fully comply with any specifications provided by CITY and any samples or documentation provided by CONSULTANT; (3) The GOODS will be free of any security interests, liens, or encumbrances and CONSULTANT has title to the GOODS;
(4) The GOODS will not violate any intellectual property rights of any third party;
(5) The GOODS will be delivered free of the rightful claim of a third person by way of infringement; and
(6) The GOODS are merchantable in accordance with Commercial Code Section 2314.
(b) The warranty listed above is in addition to any other warranties made by CONSULTANT, the manufacturer, retailer, or imposed by law. All warranties will survive inspection and payment by CITY and are assignable to CITY’s successors and assigns.
If any GOODS do not meet the warranty, CITY may, at CITY’s option, and without additional cost to CITY:
(1) Require CONSULTANT to repair or replace the GOODS until the GOODS meet the warranty. If CONSULTANT cannot replace the GOODS and repair either is not commercially practicable or cannot be made within three (3) days, CONSULTANT will refund the purchase price;
(2) Return any of the GOODS to CONSULTANT at CONSULTANT’s expense for a full refund;
(3) Correct the nonconformance and charge CONSULTANT for the costs to make the correction; or
(4) Engage a third party to provide substitute GOODS and charge CONSULTANT for the costs of obtaining the substitute GOODS from the third party.
14. INDEPENDENT CONTRACTOR
(a) CONSULTANT is and shall at all times remain as to the CITY a wholly independent contractor. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control. Neither CITY nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees, or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the CITY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatsoever against CITY, or bind CITY in any manner.
(b) No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in this AGREEMENT, CITY shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for CITY. CITY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder. In addition to the indemnification provisions of Section 11, CONSULTANT shall indemnify, defend, and hold CITY harmless from claims or liability arising from CONSULTANT’s employees for CITY benefits including, but not limited to, pension, health benefits, holiday, vacations, etc.
15. LEGAL RESPONSIBILITIES
CONSULTANT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this AGREEMENT. CONSULTANT shall always observe and comply with all such laws and regulations. CITY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of CONSULTANT to comply with this Section.
16. POLITICAL REFORM ACT
If the Political Reform Act requires CONSULTANT to file a Form 700, then CONSULTANT must file a Form 700 with full disclosure within 30 days of assuming office and thereafter must file an annual statement for each calendar year of this AGREEMENT.
17. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of CITY about the award, terms, or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the CITY will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee, or agent of CONSULTANT, in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT. Violation of this section shall be a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity.
18. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of CITY, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with this AGREEMENT.
19. RELEASE OF INFORMATION / CONFLICTS OF INTEREST
(a) All information gained by CONSULTANT in performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without CITY’s prior written authorization. CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the Attorney for the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this AGREEMENT or relating to any project or property located within the CITY. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena.
(b) CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this AGREEMENT and the work performed thereunder or with respect to any project or property located within the CITY. CITY retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding. CONSULTANT agrees to cooperate fully with CITY and to provide the opportunity to review any response to discovery requests provided by CONSULTANT.
However, CITY's right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.
20. SECURITY OF INFORMATION
CONSULTANT shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information acquired during performance of this AGREEMENT that could result in the unauthorized disclosure, misuse, alteration, destruction, or other compromise of the information. CONSULTANT shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards considering the assessment.
21. NOTICES
Any notices which either party may desire to give to the other party under this AGREEMENT must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
CITY CONSULTANT
City of Fountain Valley California Waters Development, Inc. 10200 Slater Avenue 23311 E. La Palma Avenue
Fountain Valley, California 92708 Yorba Linda, CA 92887 Attention: City Clerk Attention: Jeffrey Barman
22. ASSIGNMENT
CONSULTANT shall not assign the performance of this AGREEMENT, nor any part thereof, nor any monies due hereunder, without the prior written consent of CITY. [ Check if Applicaple ☐ ] CONSULTANT shall provide CITY fourteen (14) days’ notice prior to the departure of any key personnel from CONSULTANT’s employ. Should key personnel leave CONSULTANT’s employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this AGREEMENT, CONSULTANT’s sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and CONSULTANT. [ Check if applicable ☐ ] Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only Click or tap here to enter text. (“PRINCIPAL”) shall perform the services described in this AGREEMENT. PRINCIPAL may use assistants, under his/her direct supervision, to perform some of the services under this AGREEMENT.
CONSULTANT shall provide CITY fourteen (14) days’ notice prior to the departure of PRINCIPAL from CONSULTANT’s employ. Should he or she leave CONSULTANT's employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this AGREEMENT,
CONSULTANT’s sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between CITY and CONSULTANT.
23. LICENSES
At all times during the term of this AGREEMENT, CONSULTANT shall have in full force and effect, all licenses required of it by law for the performance of the services described in this AGREEMENT including, but not limited to, a Fountain Valley business license.
24. GOVERNING LAW
CITY and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this AGREEMENT. Any litigation concerning this AGREEMENT shall take place in Orange County Superior Court or Central District of California Federal District Court.
25. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this AGREEMENT and shall be of no further force or effect. Each party is entering this AGREEMENT based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
26. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
CONSULTANT is bound by the contents of CITY’s Request for Proposals and the contents of the Proposal submitted by CONSULTANT. In the event of conflict, this AGREEMENT shall take precedence over CITY’s Request for Proposals and CONSULTANT’s Proposal; and CITY’s Request for Proposals shall take precedence over CONSULTANT’s Proposal. No limitation of CONSULTANT’s liability, waiver of rights of CITY, or release of rights or remedies held by CITY, contained in CONSULTANT’s Proposal shall be of any force or effect.
27. INTERPRETATION
In the event of conflict or inconsistency between this AGREEMENT and any other document, including any proposal or Exhibit hereto, this AGREEMENT shall control unless a contrary intent is clearly stated. This AGREEMENT shall be interpreted as though drafted by all parties hereto.
28. MODIFICATION
No modification to this AGREEMENT shall be effective unless it is in writing and signed by authorized representatives of the parties hereto. The written modification requirement cannot be waived.
29. ATTORNEY FEES
In any action or proceeding brought by either party against the other party arising out of or in any way connected to this AGREEMENT, or where any provision hereof is validly asserted as a defense, the parties shall bear their own attorney’s fees, costs, and expenses. Nothing in this provision shall excuse CONSULTANT’s duty to provide CITY with a defense at CONSULTANT’s cost when CITY receives a complaint, petition, or other pleading from a third party requiring CITY to defend itself.
30. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONSULTANT warrants and represents that he/she/they has the authority to execute this AGREEMENT on behalf of CONSULTANT and has the authority to bind CONSULTANT to the performance of his/her/its obligations hereunder
IN WITNESS, WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.
CITY OF FOUNTAIN VALLEY CONSULTANT
Signature
Typed Name
Title
Mayor
ATTEST:
Rick Miller, City Clerk
APPROVED AS TO FORM:
HARPER & BURNS LLP ________________________
Corporate Seal (or attach Notary
Acknowledgment)
______________________
Attorneys for the City
APPROVED AS TO CONTENT:
_____________________
Scott Smith, Public Works Director
Exhibit “A”
Scope of Services and Payment Terms
CITY OF FOUNTAIN VALLEY
Water Feature Maintenance RFQuote 23-010
pg. 1
Background
The City of Fountain had a large water feature installed in front of City Hall about 20 years ago.
In 2018 the fountain was modified to be a smaller fountain and the rest into a planter. The city is now requesting maintenance on the modified water feature to be performed twice a week. In addition to the maintenance work orders are to be submitted for repairs and incidents. The city is looking into generating a 3 year contract with the option to extend an additional 2 – one (1) year terms.
Scope of Work
Following are the standard needs:
1) Cleaning Maintenance
a. Remove all visible floating and visible litter, debris, and residual from basins b. Brush and clean at the waterlines.
c. Brush and clean off residual on the walls and basin floors. d. Clean out sprayer jet nozzles free of debris and adjust valves/nozzles as needed. e. Perform vacuuming as necessary on outdoor fountain.
f. Collect and provide visible coins to City Hall front counter staff 2) Equipment Maintenance
a. Check all pressures gauges to determine if system is operating properly. b. Backwash filters to maintain proper flow. Remove and clean cartridge filters as necessary
c. Clean out all pump strainer baskets free of debris.
d. Inspect motors, pumps, filters, and all mechanical devices and exposed plumbing for visible problems.
e. Inspect solenoids, coils, control panels and all electrical devices to ensure proper operation.
f. Check operation of light fixtures, maintain proper positioning; verify GFCI breakers set/reset properly.
g. Verify the water levels in the basins are correct, clean auto-fill probes, or add water manually.
h. Verify that the time clocks have the proper time and programming. i. Maintain vaults/equipment rooms in a clean and safe manner. 3) Water Treatment Maintenance, As Applicable
a. Test the water for sanitizer and pH levels and adjust to maintain proper chemical balance.
b. All standard chemicals (e.g., chlorine, muriatic acid, as necessary) included in service cost.
CITY OF FOUNTAIN VALLEY
Water Feature Maintenance RFQuote 23-010
pg. 2
The following are potential needs/services:
1) Repairs and Incidental Labor:
a) Replace lamps (bulbs), filter baskets, filter cartridges, seals, Orings, and other small but necessary repair items as applicable and as needed at Vendor's standard rates per item and
subsequently a written invoice will be emailed or mailed to Customer.
b) Notify management of any other equipment malfunction or safety compromise noted.
c) In addition, If requested or required, provide a written estimate for all necessary repairs, or extra work.
Once vendor is selected, quote provided here shall be in effect at the start of the contract and in effect until June 30, 2026.
CITY OF FOUNTAIN VALLEY
Water Feature Maintenance RFQuote 23-010
pg. 3
Description Unit 10/01/2023
to
06/30/2024
07/01/2024
to
06/30/2025
07/01/2025
to
06/30/2026
07/01/2026-
06/30/2027
(Amend #1)
07/01/2027-
06/30/2028
(Amend #2)
Monthly
Maintenance Fee Monthly
Potential needs:
Incidental Labor
Rate Hourly
Prevailing Hourly
Rate hourly
Trip charge rate
Per
incident
Hourly Rates
Exhibit “B”
Insurance Specifications
EXHIBIT “B”
INSURANCE SPECIFICATIONS
Without limiting CONSULTANT’s indemnification of CITY, and prior to performing any work under this AGREEMENT or receiving any compensation, CONSULTANT shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form, that is satisfactory to CITY.
General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount, not less than $1,000,000.00 dollars per occurrence, $2,000,000.00 dollars general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability.
Check if Applicable ☒ Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of CONSULTANT arising out of or about the work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000.00 dollars combined single limit for each accident.
Check if Applicable ☒ Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $ 1,000,000.00 dollars). CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.
Check if Applicable ☐ Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than $4,000,000.00 dollars that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms andconditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primarypolicies;
• Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Check if Applicable ☐ Professional liability (errors & omissions) insurance.
CONSULTANT shall maintain professional liability insurance that covers the services to be performed about this AGREEMENT, in the minimum amount of $1,000,000.00 dollars per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONSULTANT agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this AGREEMENT.
Check if Applicable ☐ Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on CONSULTANT’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000.00 dollars per claim and in the aggregate. All activities contemplated in this AGREEMENT shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. Products/completed operations coverage shall extend a minimum of three years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.
Check if Applicable ☐ Explosion, collapse, underground insurance. CONSULTANT shall furnish a copy of a public liability and property damage insurance policy with “XCU” or equivalent coverage in an amount not less than $1,000,000.00 dollars per person and $2,000,000.00 dollars per occurrence for personal injury. The limit of property damage liability shall be not less than $1,000,000.00 dollars for each occurrence as payment for damages to property which may result from or be caused by such public display of fireworks and arising from any acts of the CONSULTANT, its agent, employees, or subcontractors presenting such public display. CITY, its officers, agents, and employees shall be additional insureds under the policy. CONSULTANT shall not cancel the insurance coverage without fifteen (15) days prior written notice to the State Fire Marshal.
Proof of insurance. CONSULTANT shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsement must be approved by CITY prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract.
CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. CONSULTANT shall 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 this AGREEMENT by CONSULTANT, his/her/its agents, representatives, employees, or subconsultants. If this AGREEMENT involves construction, CONSULTANT must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.
CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT’s payments. In the alternative, CITY may cancel thisAGREEMENT.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY. Notwithstanding the foregoing, XCU insurance shall have a rating of at least B-VI.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of CITY to inform CONSULTANT of noncompliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
Specifications not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
Notice of cancellation. CONSULTANT agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability policies. Coverage available to the additional insured shall be primary and noncontributory.
Agency’s right to revise specifications. CITY reserves the right at any time during the term of the AGREEMENT to change the amounts and types of insurance required by giving CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to CONSULTANT, CITY and CONSULTANT may renegotiate CONSULTANT’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved byCITY.
Timely notice of claims. CONSULTANT shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: December 19, 2023
Members of the City Council
SUBJECT: Award a contract to California Waters Development, Inc. in an amount not to exceed $40,380 for Water Feature Maintenance Services, effective January 1, 2024 through June 30, 2026.
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☒ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable
EXECUTIVE SUMMARY:
Staff is requesting that the City Council award a contract to California Waters Development, Inc. in an amount not to exceed $40,380 for Water Feature Maintenance Services, effective January 1, 2024 through June 30, 2026.
In order to keep the water feature in good condition, the City has requested that routine maintenance be performed twice a week. In accordance with the City’s procurement policies, the City issued a request for quote (RFQ) for the required water feature maintenance services and as-needed repairs.
Based on the quotes received and the quality of service provided previously, staff has chosen California Waters Development, Inc. They submitted the lowest cost proposal and staff has been satisfied with their performance in previous projects with the City.
DISCUSSION:
The City of Fountain Valley had a large water feature installed in front of City Hall about 20 years ago. In 2018, the water feature was modified to be a long California-friendly planter with a smaller water feature near the entrance to the Civic Center.
The City has relied on contracted service providers to maintain the fountain for many years.
Proper maintenance of a fountain of this size and complexity with 3 jets, 10 bubblers and
Contract for Water Feature Maintenance Services
December 19, 2023
submerged lighting requires the services of a qualified fountain technician to keep it in good condition. City staff has been filling the maintenance gap while the City went through the procurement process to establish a new water feature maintenance services contract.
Although staff has been doing their best to maintain the fountain, they have struggled to maintain the correct chemical balance and keep all of the jets, bubblers and lights working.
In accordance with the City’s procurement policies, the City issued a request for quote (RFQ) on Planet Bids on October 4, 2023, for water feature maintenance services. The scope of work requires cleaning, equipment and water treatment maintenance services to be performed twice a week to keep the water feature in good working condition. Some examples of the routine maintenance to be performed include removing all visible litter, debris and residue from the basins, cleaning debris out of the sprayer jet nozzles, checking all pressure gauges, testing and maintaining the chemical balance of the water, checking the light fixtures, etc. In addition to the routine maintenance, work orders will be submitted for any necessary repairs or incidents.
On October 18, 2023, two (2) contractors submitted quotes to the City. Using the quoted rates, staff projected the contract cost for each vendor.
Projected Contract Cost Based on Quoted Rates
FY 23/24
6 months
FY 24/25
12 months
FY 25/26
12 months
Total
California Waters Development, Inc. $6,740 $14,210 $15,380 $36,330 Monthly Maintenance $4,740 $9,960 $10,680 $25,380
Repairs $2,000 $4,250 $4,700 $10,950
Hasa, Inc. $6,850 $14,900 $16,100 $37,850
Monthly Maintenance $4,500 $9,900 $10,800 $25,200
Repairs $2,350 $5,000 $5,300 $12,650
Based on the quotes received and the quality of service provided previously, staff has chosen California Waters Development, Inc. They submitted the lowest cost proposal and staff has been satisfied with their performance in previous projects with the City. Therefore, staff would like to proceed with a 2 1/2-year contract in an amount not to exceed $40,380, with the option to extend the contract for up to two additional one-year periods. Each extension, along with any changes to the cost of service, will be presented to City Council for review and approval.
Awarding a contract to California Waters Development, Inc. supports the City’s strategic goals of enhancing the culture and environment of “A Nice Place to Live” and maintaining, building, and modernizing infrastructure to support growth and future needs of the City by helping to ensure that the fountain in front of City Hall which is viewed by employees, residents and visitors on a daily basis is being regularly maintained and functioning properly.
FISCAL REVIEW:
The total cost of the contract will not exceed $40,380 for the 2 1/2-year term which will be expensed to the Government Buildings Fund for City Hall. Monthly maintenance will be expensed to the Service Contracts account (111.10.10000.53010), and repairs will be
Contract for Water Feature Maintenance Services
December 19, 2023
expensed to the Building M&R account (111.10.10000.53560). The breakdown of the contract, by fiscal year, is below. As shown, the total amount of the contract is $40,380.
FY 23-24
6 months
FY 24-25
12 months
FY 25-26
12 months
Monthly Maintenance 111.10.10000.53010 $ 4,740 $ 9,960 $ 10,680 Repairs 111.10.10000.53560 $ 5,000 $ 5,000 $ 5,000
Total $ 9,740 $ 14,960 $ 15,680
Although only 6 months of the contract will be in FY 2023-24, staff is requesting the full amount of $5,000 for repairs to address existing issues with the water feature.
The approved FY 2023-24 budget allocates $7,140 specifically for water feature maintenance services in the Government Buildings – City Hall - Service Contracts account (111.10.10000.53010). Plus, there is currently $17,957.53 available in the Government Buildings – City Hall – Building M&R account (111.10.10000.53560). Therefore, there are sufficient funds for this contract.
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
The Attorney for the City has reviewed and approved the contract.
ALTERNATIVES:
Alternative No. 1: Award a contract to California Waters Development, Inc. in an amount not to exceed $40,380 for Water Feature Maintenance Services, effective January 1, 2024 through June 30, 2026. This is the recommended action.
Alternative No. 2: Do not award a contract to California Waters Development, Inc. and direct staff to issue a contract to another contractor. This is not recommended because California Waters Development’s service has been satisfactory and their pricing is competitive. Awarding the contract to another contractor may result in unsatisfactory service and/or increased costs.
Alternative No. 3: Do not award a contract to California Waters Development, Inc. and direct staff to issue a new Request for Quote (RFQ) for water feature maintenance services. This is not recommended because California Waters Development’s service has been satisfactory and their pricing is competitive. Soliciting new quotes may result in increased costs and/or unsatisfactory service.
Contract for Water Feature Maintenance Services
December 19, 2023
Alternative No. 4: Do not award a contract to California Waters Development, Inc. and direct staff to use existing staff to maintain the water feature.
This is not recommended because the Government Buildings division does not have the expertise required to properly maintain the water feature.
RECOMMENDATION:
Staff is requesting City Council award a contract to California Waters Development, Inc. in an amount not to exceed $40,380 for Water Feature Maintenance Services, effective January 1, 2024 through June 30, 2026.
Prepared by: Ron Rothstain, Management Aide
Reviewed by: Mark Sprague, Field Services Manager
Approved by: Scott Smith, Public Works Director
Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachment:
1. Contract
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: December 19, 2023
Members of the City Council
SUBJECT: Annual Report of the Planning Commission and the Planning Department Activities for FY 2022-23
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☒ Not applicable
EXECUTIVE SUMMARY
Government Code Section 65400(b) requires that the Planning Commission provide an Annual Report to the City Council on the status of the Comprehensive General Plan and progress in its implementation. At its meeting of October 11, 2023, the Planning Commission unanimously approved the report and recommended that staff forwarded it to the City Council for its review and filing.
It is recommended that the City Council approve the report and direct Staff to submit the report to the Office of Planning Research and the Department of Housing and Community Development.
DISCUSSION
At its meeting of October 11, 2023, the Planning Commission reviewed the Annual Report and by unanimous vote, recommended approval of the report as presented and recommended transmission of the report to the City Council for its review and filing. The Annual Report provides a status of the Community’s General Plan and outlines the activities of the Planning Commission and the Planning Department. Each section identifies the most significant issues and accomplishments addressed by the Planning Commission and the Planning Department for the 2022-23 Fiscal Year.
State law requires that the City Council approve a report and transmit a copy to the Office of Planning Research and the Department of Housing and Community Development.
Council Action Request
Planning Department Annual Report
December 19, 2023
FINANCIAL REVIEW
There will be no financial impact to the City as a result of the approval of the Annual Report.
ATTORNEY REVIEW
City Attorney review is not required.
ALTERNATIVES
Alternative No. 1: Approve the FY 2022-23 Annual Planning Department Report as recommended by the Planning Commission and direct staff to transmit a copy to the Office of Planning Research and the Department of Housing and Community Development.
Alternative No. 2: Modify the FY 2022-23 Annual Planning Department Report as deemed appropriate.
Alternative No. 3: Continue the item for further consideration.
RECOMMENDATION
Staff recommends the City Council adopt Alternative No.1 to approve the FY 2022-23 Annual Planning Department Report as recommended by the Planning Commission and direct staff to transmit a copy to the Office of Planning Research and the Department of Housing and Community Development.
Prepared By: Steven Ayers, Principal Planner
Approved By: Omar Dadabhoy, Community Development Director Approved By: Maggie Le, City Manager
Attachments:
1. Annual Planning Department Report for FY 2022-
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CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: December 19, 2023
Members of the City Council
SUBJECT: Accept the Final Map for Tract No. 19245 for the property located at 8572 Talbert Avenue
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☒ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable
EXECUTIVE SUMMARY:
Staff recommends that the City Council accept the final map for Tract No. 19245 for the property located at 8572 Talbert Avenue.
Bonanni Development Company VI LLC (Bonanni), a developer and applicant of the property located at 8572 Talbert Avenue, has submitted the final map for Tract No. 19245. Bonanni is proposing to divide the two properties, totaling 1.406 acres for the development of fifteen (15) detached single-family residential homes. Included in the 1.406 acres, are three (3) lettered lots, A-C on this tract. Lots A and B are for private street purposes and are not separate building sites. Lot C is for public street and public utility easement purposes, dedicated to the City of Fountain Valley and is not a separate building site.
The map meets the conditions of approval set forth by the Planning Commission Resolution and is consistent with the City’s General Plan. Required in the conditions of approval and acceptance of the final map for Tract No.19245 includes the owner/developer responsibility for paying the final Public Works Development Fees.
DISCUSSION:
Bonanni Development Company VI LLC, a developer and applicant of the property located at 8572 Talbert Avenue, has submitted the final map for Tract No. 19245. Bonanni is proposing to
Final Map for Tract No. 19245 – 8572 Talbert Avenue
December 19, 2023
construct 15 detached single-family residential homes following the demolition of the existing Courreges Ranch.
On April 12, 2023, the Planning Commission conducted a duly noticed public hearing to consider the Project and Applications and took the following actions:
In Planning Commission Resolution No. 23-09, recommended approval of the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP); In Planning Commission Resolution No. 23-10, recommended approval of the proposed Zoning Map Amendment;
In Planning Commission Resolution No. 23-11, recommended approval of Tentative Tract Map No. 19245, Precise Plan No. 567, and Conditional Use Permit No. 1907 contingent upon approval of the Amendments and MND & MMRP
On May 16, 2023, City Council adopted Resolution No. 9878, approving a MND and MMRP to address the environmental impacts associated with the project.
On June 6, 2023, Ordinance No. 1601, approving Zoning Map Amendment No. 434, allowing the property located at 8572 Talbert Avenue to change the Zoning Map Designation from Professional Office to Garden Homes was presented for a second reading and was adopted by City Council.
City Staff and the County Surveyor’s office have reviewed and approved the map for technical accuracy and compliance with the Subdivision Map Act. The final map meets the requirements of the Subdivision Map Act and is in conformance with the tentative tract map. The final map for Tract No. 19245 is a Subdivision of Parcels 2 and 3 of Parcel Map No. 85-134, as shown on the map filed in Book 201, pages 21 and 22, of Parcel Maps, in the Office of the County Recorder of Orange County, California.
There are 15 numbered lots and three (3) lettered lots, totaling 61,225 sq ft (1.406 acres).
Lots at Tract No. 19245
Lot Description Square Footage (sq ft)
Lot 1 3749
Lot 2 3302
Lot 3 3292
Lot 4 3680
Lot 5 3677
Lot 6 4090
Lot 7 4449
Lot 8 3895
Lot 9 3202
Lot 10 3202
Lot 11 3677
Final Map for Tract No. 19245 – 8572 Talbert Avenue
December 19, 2023
Lot 12 3681
Lot 13 3315
Lot 14 3304
Lot 15 3726
Lot A 2975
Lot B 2975
Lot C 1034
Total Area 61,225 sq ft
(1.406 acres)
After City Council acceptance of the map, City staff will forward the map to the County for recordation.
FISCAL REVIEW:
Required in the conditions of approval and acceptance of the final map for Tract No.19245, for the property located at 8572 Talbert Avenue the owner/developer will pay the final Public Works Development Fees upon request for Certificate of Occupancy.
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
The Attorney for the City has reviewed and approved the Resolution No. 9878, which City Council approved and adopted on May 16, 2023.
RECOMMENDATION:
Staff is recommending that the City Council accept the final map for Tract No. 19245 for the property located at 8572 Talbert Avenue.
Prepared by: Terri Phan, Management Aide & Ryan Damon, Assistant Engineer Reviewed by: Kyle Knoke, Associate Engineer
Reviewed by: Temo Galvez, P.E., Deputy Public Works Director / City Engineer Approved by: Scott Smith, P.E., Director of Public Works Fiscal Review by: Ryan Smith, Finance Director/City Treasurer Approved by: Maggie Le, City Manager
Attachment 1: Final Map for Tract No. 19245
Attachment 2: Resolution No. 9878
Attachment 3: Ordinance No. 1601
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: December 19, 2023
Members of the City Council
SUBJECT: Second Reading and Adoption of Ordinances Approving: Zoning Map Amendment No. 437 to Change the Zoning Map Designation for Nine Properties; and Code Amendment No. 23-04 – An Amendment To Fountain Valley Municipal Code (FVMC) Sections 21.08, 21.14, and 21.17
EXECUTIVE SUMMARY
At its meeting of November 21, 2023, the City Council introduced for a first reading, Ordinances approving Zoning Map Amendment No. 437 and Code Amendment (CA) No. 23-04. The full titles of the ordinances are below:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY APPROVING ZONING MAP AMENDMENT NO. 437 TO CHANGE THE ZONING MAP DESIGNATION FOR NINE (9) OPPORTUNITY SITES TO
ALIGN WITH THE GENERAL PLAN LAND USE MAP DESIGNATIONS FOR THE 2045 GENERAL PLAN UPDATE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY APPROVING CODE AMENDMENT (CA) NO. 23-04 TO AMEND FOUNTAIN VALLEY MUNICIPAL CODE (FVMC) CHAPTER 21.08 TO
INCLUDE R5 ZONING, TO ADOPT CHAPTER 21.17 INCLUSIONARY
HOUSING PROGRAM, TO REPEAL FVMC SECTION 21.14.070 HOUSING OPPORTUNITY OVERLAY, AND TO AMEND FVMC 21.08.020(5) TO
INCREASE THE MAXIMUM DENSITY IN THE R4-HIGH DENSITY MULTIPLE DWELLING ZONE TO 30 DWELLING UNITS PER ACRE (DU/AC)
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable
Council Action Request
Second Reading – Adoption of Ordinances approving Zoning Map Amendment No. 437 and Code Amendment 23-04
City Council Meeting December 19, 2023
The Ordinance were introduced by a vote of 5-0 and are now presented to the City Council for a second reading and adoption.
FINANCIAL REVIEW
There is no financial impact associated with approving the proposed code amendment.
PUBLIC NOTIFICATION
Public hearing notices for consideration of the item for the November 21, 2023 meeting were mailed to all property owners within 500 feet of properties considered for rezoning.
The item was also published in the Fountain Valley View and notices were posted at City Hall, Recreation Center and the Fountain Valley Library.
ENVIRONMENTAL IMPACT REVIEW
The Final Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, CEQA Finding of Fact and Statement of Overriding Consideration for the zone changes, amendment to the Zoning Code and General Plan Update were certified by the City Council at their regularly scheduled meeting on November 21, 2023 as part of Resolution No. 9903.
ATTORNEY REVIEW
The Attorney for the City has reviewed the attached Ordinance.
ALTERNATIVES
Alternative No. 1: Adopt the attached Ordinances of the City Council of the City of Fountain Valley approving Zoning Map Amendment No. 437 and Code Amendment No. 23-04 to amend Fountain Valley Municipal Code (FVMC) Sections 21.08, 21.14 and 21.17.
Alternative No. 2: Do not adopt the attached Ordinances of the City Council of the City of Fountain Valley approving Zoning Map Amendment No. 437 and Code Amendment No. 23-04 to amend Fountain Valley Municipal Code (FVMC) Sections 21.08, 21.14 and 21.17.
Alternative No. 3: Continue the request for additional information.
RECOMMENDATION
Staff is requesting City Council approval of Alternative No. 1 to adopt the Ordinances of the City Council of the City of Fountain Valley approving Zoning Map Amendment No. 437 and Code Amendment No. 23-04 to amend Fountain Valley Municipal Code (FVMC) Sections
21.08, 21.14 and 21.17.
Council Action Request
Second Reading – Adoption of Ordinances approving Zoning Map Amendment No. 437 and Code Amendment 23-04
City Council Meeting December 19, 2023
Prepared By: Omar Dadabhoy, Deputy City Manager/Community Development Director
Approved By: Maggie Le, City Manager
Attachments:
1. Ordinance for Code Amendment No. 23-04
2. Ordinance for Zoning Map Amendment No. 437
3. November 21, 2023 Staff Report
ORDINANCE NO._____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY APPROVING CODE AMENDMENT (CA) NO. 23-04 TO AMEND FOUNTAIN VALLEY MUNICIPAL CODE (FVMC) CHAPTER 21.08 TO
INCLUDE R5 ZONING, TO ADOPT CHAPTER 21.17 INCLUSIONARY
HOUSING PROGRAM, TO REPEAL FVMC SECTION 21.14.070 HOUSING OPPORTUNITY OVERLAY, AND TO AMEND FVMC 21.08.020(5) TO
INCREASE THE MAXIMUM DENSITY IN THE R4-HIGH DENSITY MULTIPLE DWELLING ZONE TO 30 DWELLING UNITS PER ACRE (DU/AC)
WHEREAS, the Fountain Valley City Council adopted the Development Code Update on December 7, 2000; and
WHEREAS, the 2021-2029 Housing Element, approved through Resolution No. 9853 by the City Council on October 4, 2022 was certified by the State Housing Community Development Department (“HCD”) on October 13, 2022; and WHEREAS, the 2021-2029 Housing Element notes that concurrent with the General Plan Update, the City will amend the Development Code to add a Very High Density Residential (R5) Zoning District; and
WHEREAS, the R5 Zoning District will allow for residential at a minimum density of 30 and a maximum density of 40 units per acre for projects with fewer than 50% of the units reserved for lower income households. For projects that reserve 50% or more of the units for lower income households, the maximum density is increased to 65 units per acre; and WHEREAS, the R5 Zoning District could allow the same maximum residential density (65 du/ac) as the mixed use zones without requiring any amount of nonresidential; and WHEREAS, the R5 Zoning District is essential for the City to meet its Regional Housing Needs Assessment (RHNA) allocation of 4,839 units; and WHEREAS, the State of California requires local governments to plan to meet the housing needs of all income groups. Specifically, "local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community" pursuant to the State Government Code Section 65580, subdvs. (d); and WHEREAS, the City Council has determined that there is a demand for affordable housing for very low, low, and moderate income households in the City of Fountain Valley as documented in the 2021-2029 Housing Element under Housing Element Program 1c, Program Category #1 Goal 1, which states that the City will adopt an inclusionary housing ordinance to ensure the provision of affordable housing units in all new residential developments with 10 or more units; and
WHEREAS, on November 5, 2019 the City Council adopted Resolution 9722 authorizing application for, and receipt of, SB2 Planning Grants Program Funds; and
WHEREAS, the Program 1C in the Housing Element states that the “City will adopt an inclusionary housing ordinance to ensure the provision of affordable housing units in all new residential development with 10 or more units...[and] [t]he City is targeting a 15 percent inclusionary requirement.”; and
WHEREAS, based on policy direction for the 2045 General Plan Update from the General Plan Advisory Committee (“GPAC”), Planning Commission, and City Council, Staff has prepared Draft Chapter 21.17, Inclusionary Housing Program, which requires a 15 percent affordability component for all residential developments over 10 units and includes additional incentives; and
WHEREAS, on October 15, 2013, the City Council approved Ordinance No. 1490 amending FVMC 21.14 to create a Housing Opportunities Overlay Zone and apply said overlay zoning to 8572 Talbert Avenue and 11701-11765 Edinger Avenue; and WHEREAS, the Housing Opportunities Overlay Zone provides for the availability of housing sites to meet the projected future housing needs identified in the Listing of Available Housing Site (Table 19 of the 2006-2014 Housing Element) and the City’s Regional Housing Needs Allocation (“RHNA”) obligation; and
WHEREAS, the 2021-2029 Housing Element in the City’s General Plan provides an evaluation of the housing opportunity overlay in Table H-27, recommends discontinuing the overlay, and replacing it with zoning that meets the City’s RHNA obligation; and WHEREAS, on June 6, 2023, the City Council approved Zoning Map Amendment No. 434 to change the zoning designation for the property located at 8572 Talbert Avenue from CP-HO1 – Commercial, Administrative, Professional Office with Housing Overlay(1) to GH – Garden Homes consistent with FVMC 21.14.070(c)(1) Housing Opportunity Overlay; and WHEREAS, Table H-22 of the of the 2021-2029 Housing Element projects that Golden Triangle (11701-11765 Edinger Avenue) will be rezoned to R5 – Very High Density Residential with a density range of 30 to 40 du/ac with an increase of up to 65 du/ac if 50% of the units are reserved for lower income residents, thus exceeding the current zoning of the site of C1-HO2 – Local Business with Housing Overlay(2) in FVMC 21.14.070(c)(2) that requires development be built to R4 – High Density Multiple Dwelling standards including a density of 30 du/ac; and
WHEREAS, California Assembly Bill 2348 (AB 2348) requires that cities with a population of at least 50,000 that are located within a Metropolitan Statistical Area (MSA) with a population of more than 2 million must be zoned to permit at least 30 du/ac in order to qualify as a housing site potentially affordable to households in the extremely low, very low, or low income ranges; and
WHEREAS, Table “A” of AB 2348 states that all cities in Orange County have a MSA Classification of IV with a population of more than 2 million; and WHEREAS, according to the 2020 Census, Fountain Valley has a population of 57,047; and
WHEREAS, on January 18, 2011, the City Council approved Ordinance No. 1461 amending Fountain Valley Municipal Code (FVMC) Section 21.08.040 Table 2-3 to increase the maximum density in the R4 - High Density Multiple Dwelling zone from 20 to 30 du/ac; and
WHEREAS, FVMC 21.08.020(5) “Purposes of residential zoning districts” inadvertently left the maximum density of the R4 zone at twenty (20) du/ac; and WHEREAS, the Fountain Valley Planning Commission considered the proposed Code Amendment No. 23-04 at a duly noticed public hearing on October 25, 2023, and by a vote of 3-2 approved Resolution No. 23-26 recommending the City Council approve Code Amendment No. 23-04 to Include R5 Zoning, to adopt Chapter 21.17 Inclusionary Housing Program, to repeal FVMC Section 21.14.070 Housing Opportunity Overlay, and to amend FVMC 21.08.020(5) to increase the maximum density in the R4-High Density Multiple Dwelling Zone to 30 du/ac; and
WHEREAS, the proposed Code Amendment No. 23-04 has been publicly noticed in accordance with State Law and the Fountain Valley Municipal Code.
SECTION 1
The City of Fountain Valley has prepared a Draft Environmental Impact Report (DEIR) for the 2045 Fountain Valley General Plan (State Clearinghouse No. 2022100563) to address the potential environmental effects associated with implementation of the proposed project.
Pursuant to Public Resources Code Section 21165 and the California Environmental Quality Act Guidelines (CEQA Guidelines) Section 15050, the City of Fountain Valley is the lead agency for the proposed project. Pursuant to Public Resources Code Section 21083 and CEQA Guidelines 15087, the DEIR was available for a 45- day public review from Friday, June 9, 2023, through Monday, July 24, 2023. The DEIR was made available at City Hall and online at: https://www.fountainvalley.org/1282/General-Plan-Update. In conformance with CEQA, the State CEQA Guidelines, and the City of Fountain Valley CEQA Guidelines, the City of Fountain Valley conducted an extensive environmental review of the proposed project. • Completion of a Notice of Preparation (NOP) on October 25, 2022. The public review period extended from October 25, 2022, to November 24, 2022. The NOP was published in the Fountain Valley View on October 25, 2022. The NOP was posted at the Orange County Clerk’s office on October 25, 2022. Copies of the NOP were mailed to interested persons and organizations.
• Preparation of a Draft EIR, which was made available for a 45-day public review period beginning June 9, 2023, and ending July 24, 2023. The scope of the Draft EIR was determined based on the CEQA Guidelines Appendix G Checklist, and comments received in response to the NOP. The Notice of Availability (NOA) for the Draft EIR was sent to interested persons and organizations, sent to the State Clearinghouse in Sacramento for distribution to public agencies, posted at the City of Fountain Valley’s website, and published in the Fountain Valley View. The NOA was posted at the Orange County Clerk’s office on June 8, 2023. The Notice of Availability of the Draft EIR was published in the Fountain Valley View on June 8, 2023. • A Final EIR was prepared that includes responses to comment letters received during the 45-day public review period. Pursuant to Public Resources Code Section
21092.5, a copy of the Final EIR was distributed all commenting governmental agencies and departments at least 10 days prior to certification of the final EIR. • Both the Draft and Final EIR were made available at City Hall and online at:
https://www.fountainvalley.org/1282/General-Plan-Update.
SECTION 2
The City Council finds that due notice of the public hearing on November 21, 2023, conducted in the City Council Chambers, 10200 Slater Avenue, Fountain Valley, was given as required by the Fountain Valley Municipal Code, Title 21, and the State of California. Public notice of this hearing and a copy of the City Council agenda were posted at City Hall, Recreation Center and the Fountain Valley Library.
SECTION 3
Pursuant to Fountain Valley Municipal Code section 21.34.050 the City Council does hereby find as follows:
1. The proposed amendment ensures and maintains internal consistency with the actions, goals, objectives and policies of the General Plan, and would not create any inconsistencies with Title 21, in the case of a title amendment.
The proposed amendment to create a new R5 Zoning District is consistent with the 2021-2029 Housing Element. Housing Element Program 1a, Program Category #1 Goal 1 states that the City shall amend the General Plan and Development Code to ensure sufficient capacity to accommodate the City’s 2021-2029 RHNA allocation and to require a minimum of 20 and allow 30 du/ac or greater on all sites listed in the sites inventory. The R5 Zoning District will allow for residential at a minimum density of 30 and a maximum density of 40 units per acre for projects with fewer than 50% of the units reserved for lower income households. For projects that reserve 50% or more of the units for lower income households, the maximum density is increased to 65 units per acre. The R5 Zoning District is essential to allowing the City of Fountain Valley to meet its Regional Housing Needs Assessment (RHNA) allocation of 4,839 units, including 2,093 units affordable to lower income households, 834 units affordable to moderate income households, and 1,912 units affordable to above-moderate income households.
The City is currently in the process of amending the General Plan Land Use map, text, Development Code, and relevant specific plans concurrent with the adoption of the 2045 General Plan.
The proposed Inclusionary Housing Program will meet the 2021-2029 Housing Element under Housing Element Program 1c, Program Category #1 Goal 1, which states that the City will adopt an inclusionary housing ordinance to ensure the provision of affordable housing units in all new residential developments with 10 or more units.
The proposed amendment will also repeal the Housing Opportunity Overlay code that is no longer necessary. The Housing Opportunity Overlay was implemented to satisfy the 2006-2014 Housing Element for two properties located at 8572 Ellis
Avenue and 11701-11765 Edinger Avenue. On June 6, 2023, the City Council approved Zoning Map Amendment No. 434 making the zoning of the property at 8572 consistent with the requirements of the Overlay in FVMC 21.14.070. The 2021-2029 Housing Element requires that the property located at 11701-11765 Edinger Avenue be rezoned to R5 – Very High Density Residential which exceeds the density outlined in the Overly in FVMC 21.14.070. As noted in Program 1a under Program Category #1 of the 2021-2029 Housing Element, the City shall amend the General Plan and Development Code to ensure sufficient capacity to accommodate the City’s 2021-2029 RHNA allocation and to require a minimum of 20 and allow 30 du/ac or greater on all sites listed in the sites inventory. This rezoning will ensure adequate capacity to accommodate the City’s RHNA allocation of 2,093 units affordable to lower income households, 834 units affordable to moderate income households, and 1,912 units affordable to abovemoderate income households.
The proposed amendment to change the density in the R4 zone to 30 du/ac will make the text in FVMC 21.08.020(5) consistent with the density allowed in FVMC
21.08.040 Table 2-3 which was approved through Ordinance No. 1461 by the City Council on January 18, 2011. The amendment is also consistent with the maximum density permitted in the 2021-2029 Housing Element in the R4-High Density Multiple Dwelling zone.
CA 23-04 will not create any inconsistencies with Title 21 in case of a title amendment.
2. The proposed amendment would not be detrimental to the public convenience, health, interest, safety or welfare of the city.
The proposed amendment will not be detrimental to the public convenience, health, interest, safety or welfare of the city as it will help implement the 2021-2029 Housing Element as noted in Finding #1 above. Additionally, the amendment will repeal an existing code that is no longer necessary and is being met by existing and proposed changes to the zoning and land use map. Lastly, the amendment will provide consistency with the density allowed in FVMC 21.08.040 Table 2-3, which was approved through Ordinance No. 1461 by the City Council on January 18, 2011, and consistency with the maximum density permitted in the 2021-2029 Housing Element in the R4-High Density Multiple Dwelling zone.
3. The proposed amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city’s environmental review procedures as addressed in Section 1 above.
4. The proposed amendment is internally consistent with other applicable provisions of Title 21. As noted in Finding #1 above, CA 23-04 will implement Housing Element Program 1a, Program Category #1 Goal 1 of the 2021-2029 Housing Element, will implement Housing Element Program 1c, Program Category #1 Goal 1 of the 2021-2029 Housing Element, will repeal FVMC 21.14.070 Housing Opportunity Overlay as it is no longer necessary, and will provide consistency with the density allowed in FVMC 21.08.040 Table 2-3, which was approved through
Ordinance No. 1461 by the City Council on January 18, 2011, and consistency with the maximum density permitted in the 2021-2029 Housing Element in the R4- High Density Multiple Dwelling zone. This amendment will be internally consistent with other applicable provisions of Title 21 of the FVMC. There are no other known inconsistencies with the proposed amendment and other applicable provisions of Title 21.
SECTION 4
Section 21.08.020(6) is hereby added as follows:
“…
(6) R5 (Very High Density Multiple Dwelling) District. The R5 zoning district applies to areas appropriate for the City’s highest intensity, multifamily residential units that promotes the development of affordable housing. The allowable density range is between 30 and 40 dwelling units per acre; for projects that reserve 50% or more of the units for lower income households, the maximum density is increased to 65 units per acre.
…”
SECTION 5
Section 21.08.030 is hereby amended as follows:
”...
21.08.030 Residential zoning district land uses and permit requirements.
Table 2-2 identifies the uses of land allowed by this title in each residential zoning district, and the land use permit required to establish each use, in compliance with Section 21.06.030 (Allowable land uses and permit requirements) of this title.
Note: where the last column in the tables (“Specific Use Regulations”) includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this title may also apply.
TABLE 2-2
PERMIT REQUIRED BY DISTRICT
Allowed Uses and Permit Requirements for Residential
Zoning Districts
P
CUP
—
Permitted Use
Conditional Use Permit Required
Use Not Allowed
LAND USE(1) R1 GH R2 R3 R4 R5
Specific Use
Regulations
RECREATION, EDUCATION, AND PUBLIC ASSEMBLY USES
Private residential recreational
facilities
CUP CUP CUP CUP CUP CUP
Assembly uses CUP CUP CUP CUP CUP CUP
Schools – private CUP CUP CUP CUP CUP CUP
RESIDENTIAL USES
Accessory dwelling units P P P P P P 21.08.055
Affordable housing P P P P P P
Cottage food operations P P P P P P 21.42.065
Duplexes — P P P P P
Home Businesses P P P P P P
Mobile home parks — — — CUP CUP CUP
Multi-family dwellings — — CUP CUP CUP CUP
Residential accessory uses and
structures
P P P P P P
Residential care home - large CUP CUP CUP CUP CUP CUP
Residential care home - small P P P P P P
Single-family dwellings P CUP P — — —
Supportive housing P P P P P P
Transitional housing P P P P P P
SERVICES
Adult day scare – small P P P P P P 21.30.020
Day care – large family day care
homes
P P P P P P 21.30.020
Day care – small family day care
homes
P P P P P P 21.30.020
Child day care centers CUP CUP CUP CUP CUP CUP 21.30.020 Wireless telecommunications
facilities
Administrative
wireless
facilities
permit(2)
— — — — — 21.28
Notes:
(1) See Chapter 21.90 for land use definitions. See Section 21.02.020 regarding uses not listed. (2) Wireless telecommunication facilities are only allowed on church properties in the R1 zone subject to the requirements of Chapter 21.28. Wireless telecommunications facilities may also be permitted by a conditional use when the planning/building director determines that the project’s complexity or the public interest warrants the referral.
…”
SECTION 6
Section 21.08.040 is hereby amended as follows:
“…
21.08.040 Residential zoning district general development standards.
Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed and/or established in compliance with the requirements in Tables 2-3 and 2-4 in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Chapters 21.16 through 21.30 of this title.
TABLE 2-3
RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS
Requirement by Zoning District
Development Feature R1 GH
Minimum lot size Minimum area, width, and depth for new parcels Lot area 7,200 sq. ft.; 6,000 sq. ft. where
authorized as a planned
development, and in Tract No.
569
Minimum lot area = 1,800 sq. ft.
Lot width 60 ft.; 65 ft. for corner lots; 50 ft.
in Tract No. 569; 45 ft. for cul-desac and knuckle lots 23 ft.
Lot depth 90 ft. As approved by the commission
Maximum density (1) 5 dwellings per acre 10.8 dwellings per acre Maximum number
of dwelling units per
parcel
1 unit per parcel. See Section 21.08.055 for accessory dwelling unit standards
Setbacks Minimum setbacks required. See Section 21.18.090 for setback measurement, allowed projections into setbacks, and exceptions to required setbacks
Front 20 ft. As determined by the commission
Sides (each) 5 ft.(2)/10 ft. street side As determined by the commission Rear Single story = 10 ft. (3) As determined by the commission Two story = 25 ft. or 20% of the
average lot depth, whichever is
less (3)
As determined by the commission
Minimum 320 sq. ft. private rear
yard adjacent to each unit
Large through lots (4) Front: 20 ft. As determined by the commission Side: 10 ft.; 15 ft. corner lots
Rear: 25 ft. or 20% of the average
lot depth, whichever is less
Height limit (5) 30 ft./2 stories 30 ft./2 stories
Ratio of 2nd story
building area to 1st story
building
70%(6), (9) As determined by the planning
commission
Balconies and decks Prohibited in side and rear yards
when adjacent to other singlefamily homes(10)
As determined by the planning
commission
Site coverage 60%; 50% on parcels of 10,000 sq.
ft. or more
30% project building coverage.
Maximum 11 units per structure
Floor area ratio (7), (8) 0.55 + 0.08 bonus (subject to Section 21.08.045)
0.5 + 0.08 (subject to
Section 21.08.045)
Minimum floor area As required by Table 2-4
Landscaping As required by Section 21.20.040 (Landscape area requirements) Parking As required by Chapter 21.22 (Parking and Loading) Attached garages Maximum size: 2-car 450 sq. ft.; 3-car 650 sq. ft. (11)
Requirement by Zoning District
Development Feature R1 GH
Requirement by Zoning District
Development Feature R2 R3 R4
Minimum lot size Minimum area and width for parcels proposed in new subdivisions Lot area 7,200 sq. ft. 10,000 sq. ft.
Lot width 60 ft.; 65 ft. for corner lots
Maximum density (1) 10.8 units per acre 15 units per acre 30 units per acre Maximum number
of dwelling units per
parcel
1 unit per 3,600 sq. ft.
of site area. See
Section 21.08.055 for
accessory dwelling
unit standards.
1 unit per 2,904 sq. ft.
of site area See
Section 21.08.055 for
accessory dwelling
unit standards.
1 unit per 1,452 sq. ft.
of site area. See
Section 21.08.055 for
accessory dwelling
unit standards.
Setbacks required Minimum setbacks required. See Section 21.18.090 for setback measurement, allowed projections into setbacks, and exceptions to required setbacks
Front 20 ft.
Sides (each) 5 ft.; 10 ft. corner lot
Between residential
structures
20 ft., plus 5 ft. for second story; 15 ft. between side walls and front or rear of other buildings, plus 2.5 ft. for each additional story. See Section 21.08.050(B)
Second story 2-story nonresidential or multi-family structures shall be set back 25 ft. from an existing single-family development; 3-story or taller structures shall be set back from single-family residential a minimum of 100 ft.
Rear 25 ft. or 20% lot depth, whichever is less
Height limit (5) 28 ft./2 story 35 ft./3 story
Site coverage 40%
Minimum floor area As required by Table 2-4
Private open space—
Multi-family units 100 sq. ft. per unit with no dimension smaller than 10 ft.
Landscaping As required by Chapter 21.20 (Landscaping)
Parking As required by Chapter 21.22 (Parking and Loading) Development Feature Requirement by Zoning District
R5
Minimum lot size Minimum area and width for new development projects.
Lot area 1.0 acre
Lot width N.A.
Floor area ratio (FAR) N.A.
Site coverage 85%
Maximum density (1) 40 units per acre
Variations of
residential density
Variation from the maximum residential density is permitted as provided below: