_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.
this event, ¾-inch diameter smooth dowel bars, 18 inches in length placed at 12 inches on- center are recommended where joints are perpendicular to the anticipated traffic flow.
Expansion joints are recommended only where the pavement abuts fixed objects such as light standard foundations. Tie bars are recommended at the first joint within the perimeter of the concrete pavement area. Tie bars are recommended to be No. 4 bars at 42-inch on-center spacings and at least 48 inches in length.
General Considerations
Pavement recommendations assume proper drainage and construction monitoring and are based on traffic loads as indicated previously. Pavement designs are based on either PCA or CALTRANS design parameters for twenty (20) year design period. However, these designs are also based on a routine pavement maintenance program and significant asphalt concrete pavement rehabilitation after about 8 to 10 years, in order to obtain a reasonable pavement service life.
7.7 Recommended Construction Materials Testing Services The report was prepared assuming that Giles will perform Construction Materials Testing (CMT) services during construction of the proposed development. In general, CMT services are recommended (and expected) to at least include observation and testing of foundation and pavement support soil and other construction materials. It might be necessary for Giles to provide supplemental geotechnical recommendations based on the results of CMT services and specific details of the project not known at this time.
7.8 Basis of Report
This report is based on Giles’ proposal, which is dated March 27, 2019 and is referenced by Giles’ proposal number 2GEP-1903026. The actual services for the project varied somewhat from those described in the proposal because of the conditions that were encountered while performing the services and in consideration of the proposed project.
This report is strictly based on the project description given earlier in this report. Giles must be notified if any parts of the project description or our assumptions are not accurate so that this report can be amended, if needed. This report is based on the assumption that the facility will be designed and constructed according to the codes that govern construction at the site.
The conclusions and recommendations in this report are based on estimated subsurface conditions as shown on the Records of Subsurface Exploration . Giles must be notified if the subsurface conditions that are encountered during construction of the proposed development differ from those shown on the Records of Subsurface Exploration because this report will likely need to be revised. General comments and limitations of this report are given in the appendix. © Giles Engineering Associates, Inc. 2020
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APPENDIX A
FIGURES AND TEST BORING LOGS
The Test Boring Location Plan contained herein was prepared based upon information supplied by Giles’ client, or others, along with Giles’ field measurements and observations. The diagram is presented for conceptual purposes only and is intended to assist the reader in report interpretation.
The Test Boring Logs and related information enclosed herein depict the subsurface (soil and water) conditions encountered at the specific boring locations on the date that the exploration was performed. Subsurface conditions may differ between boring locations and within areas of the site that were not explored with test borings. The subsurface conditions may also change at the boring locations over the passage of time.
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0.000
0.005
0.010
0.015
0.020
0.025
0.030
0.035
0.040
0.045
0.050
0.055
0.060
0.065
0.070
0.075
0.080
0.085
0.090
0.095
0.100
10 100 1000 10000 100000
CONSOLIDATION STRAIN (in/in)
VERTICAL LOAD (psf)
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APPENDIX B
FIELD PROCEDURES
The field operations were conducted in general accordance with the procedures recommended by the American Society for Testing and Materials (ASTM) designation D 420 entitled “Standard Guide for Sampling Rock and Rock” and/or other relevant specifications.
Soil samples were preserved and transported to Giles’ laboratory in general accordance with the procedures recommended by ASTM designation D 4220 entitled “Standard Practice for Preserving and Transporting Soil Samples.” Brief descriptions of the sampling, testing and field procedures commonly performed by Giles are provided herein. 130
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GENERAL FIELD PROCEDURES
Test Boring Elevations
The ground surface elevations reported on the Test Boring Logs are referenced to the assumed benchmark shown on the Boring Location Plan (Figure 1). Unless otherwise noted, the elevations were determined with a conventional hand-level and are accurate to within about 1 foot.
Test Boring Locations
The test borings were located on-site based on the existing site features and/or apparent property lines. Dimensions illustrating the approximate boring locations are reported on the Boring Location Plan (Figure 1).
Water Level Measurement
The water levels reported on the Test Boring Logs represent the depth of “free” water encountered during drilling and/or after the drilling tools were removed from the borehole. Water levels measured within a granular (sand and gravel) soil profile are typically indicative of the water table elevation. It is usually not possible to accurately identify the water table elevation with cohesive (clayey) soils, since the rate of seepage is slow. The water table elevation within cohesive soils must therefore be determined over a period of time with groundwater observation wells.
It must be recognized that the water table may fluctuate seasonally and during periods of heavy precipitation. Depending on the subsurface conditions, water may also become perched above the water table, especially during wet periods.
Borehole Backfilling Procedures
Each borehole was backfilled upon completion of the field operations. If potential contamination was encountered, and/or if required by state or local regulations, boreholes were backfilled with an “impervious” material (such as bentonite slurry).
Borings that penetrated pavements, sidewalks, etc. were “capped” with Portland Cement concrete, asphaltic concrete, or a similar surface material. It must, however, be recognized that the backfill material may settle, and the surface cap may subside, over a period of time. Further backfilling and/or re-surfacing by Giles’ client or the property owner may be required.
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GILES ENGINEERING ASSOCIATES, INC.
FIELD SAMPLING AND TESTING PROCEDURES
Auger Sampling (AU)
Soil samples are removed from the auger flights as an auger is withdrawn above the ground surface. Such samples are used to determine general soil types and identify approximate soil stratifications. Auger samples are highly disturbed and are therefore not typically used for geotechnical strength testing.
Split-Barrel Sampling (SS) – (ASTM D-1586)
A split-barrel sampler with a 2-inch outside diameter is driven into the subsoil with a 140- pound hammer free-falling a vertical distance of 30 inches. The summation of hammer- blows required to drive the sampler the final 12-inches of an 18-inch sample interval is defined as the “Standard Penetration Resistance” or N-value is an index of the relative density of granular soils and the comparative consistency of cohesive soils. A soil sample is collected from each SPT interval.
Shelby Tube Sampling (ST) – (ASTM D-1587)
A relatively undisturbed soil sample is collected by hydraulically advancing a thin-walled Shelby Tube sampler into a soil mass. Shelby Tubes have a sharp cutting edge and are commonly 2 to 5 inches in diameter.
Bulk Sample (BS)
A relatively large volume of soils is collected with a shovel or other manually-operated tool. The sample is typically transported to Giles’ materials laboratory in a sealed bag or bucket.
Dynamic Cone Penetration Test (DC) – (ASTM STP 399)
This test is conducted by driving a 1.5-inch-diameter cone into the subsoil using a 15- pound steel ring (hammer), free-falling a vertical distance of 20 inches. The number of hammer-blows required to drive the cone 1¾ inches is an indication of the soil strength and density, and is defined as “N”. The Dynamic Cone Penetration test is commonly conducted in hand auger borings, test pits and within excavated trenches. - Continued -
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Ring-Lined Barrel Sampling – (ASTM D 3550)
In this procedure, a ring-lined barrel sampler is used to collect soil samples for classification and laboratory testing. This method provides samples that fit directly into laboratory test instruments without additional handling/disturbance.
Sampling and Testing Procedures
The field testing and sampling operations were conducted in general accordance with the procedures recommended by the American Society for Testing and Materials (ASTM) and/or other relevant specifications. Results of the field testing (i.e. N-values) are reported on the Test Boring Logs. Explanations of the terms and symbols shown on the logs are provided on the appendix enclosure entitled “General Notes”. 133
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APPENDIX C
LABORATORY TESTING AND CLASSIFICATION
The laboratory testing was conducted under the supervision of a geotechnical engineer in accordance with the procedures recommended by the American Society for Testing and Materials (ASTM) and/or other relevant specifications. Brief descriptions of laboratory tests commonly performed by Giles are provided herein.
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LABORATORY TESTING AND CLASSIFICATION
Photoionization Detector (PID)
In this procedure, soil samples are “scanned” in Giles’ analytical laboratory using a Photoionization Detector (PID). The instrument is equipped with an 11.7 eV lamp calibrated to a Benzene Standard and is capable of detecting a minute concentration of certain Volatile Organic Compound (VOC) vapors, such as those commonly associated with petroleum products and some solvents. Results of the PID analysis are expressed in HNu (manufacturer’s) units rather than actual concentration.
Moisture Content (w) (ASTM D 2216)
Moisture content is defined as the ratio of the weight of water contained within a soil sample to the weight of the dry solids within the sample. Moisture content is expressed as a percentage.
Unconfined Compressive Strength (qu) (ASTM D 2166)
An axial load is applied at a uniform rate to a cylindrical soil sample. The unconfined compressive strength is the maximum stress obtained or the stress when 15% axial strain is reached, whichever occurs first.
Calibrated Penetrometer Resistance (qp)
The small, cylindrical tip of a hand-held penetrometer is pressed into a soil sample to a prescribed depth to measure the soils capacity to resist penetration. This test is used to evaluate unconfined compressive strength.
Vane-Shear Strength (qs)
The blades of a vane are inserted into the flat surface of a soil sample and the vane is rotated until failure occurs. The maximum shear resistance measured immediately prior to failure is taken as the vane-shear strength.
Loss-on-Ignition (ASTM D 2974; Method C)
The Loss-on-Ignition (L.O.I.) test is used to determine the organic content of a soil sample. The procedure is conducted by heating a dry soil sample to 440°C in order to burn-off or “ash” organic matter present within the sample. The L.O.I. value is the ratio of the weight loss due to ignition compared to the initial weight of the dry sample. L.O.I. is expressed as a percentage.
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Particle Size Distribution (ASTB D 421, D 422, and D 1140) This test is performed to determine the distribution of specific particle sizes (diameters) within a soil sample. The distribution of coarse-grained soil particles (sand and gravel) is determined from a “sieve analysis,” which is conducted by passing the sample through a series of nested sieves. The distribution of fine-grained soil particles (silt and clay) is determined from a “hydrometer analysis” which is based on the sedimentation of particles suspended in water.
Consolidation Test (ASTM D 2435)
In this procedure, a series of cumulative vertical loads are applied to a small, laterally confined soil sample. During each load increment, vertical compression (consolidation) of the sample is measured over a period of time. Results of this test are used to estimate settlement and time rate of settlement.
Classification of Samples
Each soil sample was visually-manually classified, based on texture and plasticity, in general accordance with the Unified Soil Classification System (ASTM D-2488-75). The classifications are reported on the Test Boring Logs.
Laboratory Testing
The laboratory testing operations were conducted in general accordance with the procedures recommended by the American Society for Testing and Materials (ASTM) and/or other relevant specifications. Results of the laboratory tests are provided on the Test Boring Logs or other appendix enclosures. Explanation of the terms and symbols used on the logs is provided on the appendix enclosure entitled “General Notes.” 136
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California Bearing Ratio (CBR) Test ASTM D-1833
The CBR test is used for evaluation of a soil subgrade for pavement design. The test consists of measuring the force required for a 3-square-inch cylindrical piston to penetrate 0.1 or 0.2 inch into a compacted soil sample. The result is expressed as a percent of force required to penetrate a standard compacted crushed stone.
Unless a CBR test has been specifically requested by the client, the CBR is estimated from published charts, based on soil classification and strength characteristics. A typical correlation chart is below.
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APPENDIX D
GENERAL INFORMATION
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GENERAL COMMENTS
The soil samples obtained during the subsurface exploration will be retained for a period of thirty days. If no instructions are received, they will be disposed of at that time.
This report has been prepared exclusively for the client in order to aid in the evaluation of this property and to assist the architects and engineers in the design and preparation of the project plans and specifications. Copies of this report may be provided to contractor(s), with contract documents, to disclose information relative to this project.
The report, however, has not been prepared to serve as the plans and specifications for actual construction without the appropriate interpretation by the project architect, structural engineer, and/or civil engineer. Reproduction and distribution of this report must be authorized by the client and Giles.
This report has been based on assumed conditions/characteristics of the proposed development where specific information was not available. It is recommended that the architect, civil engineer and structural engineer along with any other design professionals involved in this project carefully review these assumptions to ensure they are consistent with the actual planned development. When discrepancies exist, they should be brought to our attention to ensure they do not affect the conclusions and recommendations provided herein. The project plans and specifications may also be submitted to Giles for review to ensure that the geotechnical related conclusions and recommendations provided herein have been correctly interpreted.
The analysis of this site was based on a subsoil profile interpolated from a limited subsurface exploration. If the actual conditions encountered during construction vary from those indicated by the borings, Giles must be contacted immediately to determine if the conditions alter the recommendations contained herein.
The conclusions and recommendations presented in this report have been promulgated in accordance with generally accepted professional engineering practices in the field of geotechnical engineering. No other warranty is either expressed or implied. 140
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With Dust
Palliative
With
Bituminous
Treatment
GW Good: tractor, rubber-tired, steel
wheel or vibratory roller
125-135 Almost none Good drainage,
pervious
Very stable Excellent Good Fair to
poor
Excellent
GP Good: tractor, rubber-tired, steel
wheel or vibratory roller
115-125 Almost none Good drainage,
pervious
Reasonably
stable
Excellent to
good
Poor to fair Poor
GM Good: rubber-tired or light
sheepsfoot roller
120-135 Slight Poor drainage,
semipervious
Reasonably
stable
Excellent to
good
Fair to poor Poor Poor to fair
GC Good to fair: rubber-tired or
sheepsfoot roller
115-130 Slight Poor drainage,
impervious
Reasonably
stable
Good Good to fair
**
Excellent Excellent
SW Good: tractor, rubber-tired or
vibratory roller
110-130 Almost none Good drainage,
pervious
Very stable Good Fair to poor Fair to
poor
Good
SP Good: tractor, rubber-tired or
vibratory roller
100-120 Almost none Good drainage,
pervious
Reasonably
stable when
dense
Good to fair Poor Poor Poor to fair
SM Good: rubber-tired or sheepsfoot
roller
110-125 Slight Poor drainage,
impervious
Reasonably
stable when
dense
Good to fair Poor Poor Poor to fair
SC Good to fair: rubber-tired or
sheepsfoot roller
105-125 Slight to
medium
Poor drainage,
impervious
Reasonably
stable
Good to fair Fair to poor Excellent Excellent
ML Good to poor: rubber-tired or
sheepsfoot roller
95-120 Slight to
medium
Poor drainage,
impervious
Poor stability,
high density
required
Fair to poor Not suitable Poor Poor
CL Good to fair: sheepsfoot or rubber-
tired roller
95-120 Medium No drainage,
impervious
Good stability Fair to poor Not suitable Poor Poor
OL Fair to poor: sheepsfoot or rubber-
tired roller
80-100 Medium to high Poor drainage,
impervious
Unstable, should
not be used
Poor Not suitable Not suitable Not suitable
MH Fair to poor: sheepsfoot or rubber-
tired roller
70-95 High Poor drainage,
impervious
Poor stability,
should not be
used
Poor Not suitable Very poor Not suitable
CH Fair to poor: sheepsfoot roller 80-105 Very high No drainage, impervious
Fair stability,
may soften on
expansion
Poor to very
poor
Not suitable Very poor Not suitable
OH Fair to poor: sheepsfoot roller 65-100 High No drainage, impervious
Unstable, should
not be used
Very poor Not suitable Not
suitable
Not suitable
Pt Not suitable Very high Fair to poor
drainage
Should not be
used
Not suitable Not suitable Not
suitable
Not suitable
* "The Unified Classification: Appendix A - Characteristics of Soil, Groups Pertaining to Roads and Airfields, and Appendix B - Characteristics of Soil Groups Pertaining to Embankments and Foundations," Technical Memorandum 357, U.S. Waterways Ixperiment Station, Vicksburg, 1953. ** Not suitable if subject to frost.
GILES ENGINEERING ASSOCIATES, INC.
CHARACTERISTICS AND RATINGS OF UNIFIED SOIL SYSTEM CLASSES FOR SOIL CONSTRUCTION * Value as Temporary
Pavement
Class Compaction
Characteristics
Max. Dry
Density
Standard
Proctor
(pcf)
Compressibility
and Expansion
Drainage and
Permeability
Value as an
Embankment
Material
Value as
Subgrade
When Not
Subject to
Frost
Value as Base
Course
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GENERAL NOTES
SAMPLE IDENTIFICATION
DESCRIPTIVE TERM (% BY DRY WEIGHT) PARTICLE SIZE (DIAMETER)
SOIL PROPERTY SYMBOLS DRILLING AND SAMPLING SYMBOLS
SOIL STRENGTH CHARACTERISTICS
COHESIVE (CLAYEY) SOILS NON-COHESIVE (GRANULAR) SOILS
U N C O N F I N E D
COMPARATIVE BLOWS PER COMPRESSIVE RELATIVE BLOWS PER
CONSISTENCY FOOT (N) STRENGTH (TSF) DENSITY FOOT (N)
D E G R E E O F
DEGREE OF EXPANSIVE
PLASTICITY PI POTENTIAL PI
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CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Authorize City Manager to Enter into a Memorandum of Understanding with the MUSD for Expansion of After the Bell for the Extended Learning Opportunities Program (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 6/21/2022
Recommendation: Authorize City Manager to Enter into a Memorandum of Understanding with the MUSD for Expansion of After the Bell for the Extended Learning Opportunities Program
BACKGROUND:
The City of Milpitas’ Recreation and Community Services Department provides the After the Bell (ATB) program at seven (7) elementary school sites, serving over 400 Milpitas youth annually, grades 1 – 6, from bell dismissal to 6:00 p.m. every day school is in session.
As part of the adoption of the California State Budget, the State provided over $1.75 billion for the Expanded Learning Opportunities Program (ELOP) in funding for afterschool and summer school enrichment programs with a focus on Local Educational Agencies (LEA) with the highest concentration of targeted disadvantaged students. The Milpitas Unified School District (MUSD) approached Recreation and Community Services staff to expand the existing After the Bell (ATB) program and serve additional at-risk youth as identified by the MUSD, after school at eight (8) elementary school sites, for MUSD enrolled students, grades K - 6.
To further support, and in the spirit of collaboration, City staff drafted a Memorandum of Understanding for the Expansion of ATB for ELOP between the City of Milpitas and the MUSD.
ANALYSIS:
Due to available State grant funding for ELOP, the MUSD is able to cover costs to expand the ATB program to accommodate eligible ELOP students. Per the MOU, ATB would operate at eight (8) elementary school sites for grades K-6th as follows: Burnett, Curtner, Mattos, Pomeroy, Sinnott, Spangler, Weller, and Zanker schools, from bell dismissal to 6:00 p.m., when a school site is in session. The MOU is drafted to reflect the responsibilities of both agencies (see attached). Key terms in the agreement are:
City Terms
Per the MOU the City will:
- staff the ELOP/ATB Program (Program) and conduct Program operations
- manage the Program enrollment of eligible, interested Program participants through Recreation and Community Services software, including but not limited to all applicable waivers and emergency contact forms.
- maintain safe Program child:leader ratios.
- establish and create Program materials and conduct all communication including but not limited to Program protocols, codes of conduct, program calendars, and parent directives.
- invoice the MUSD for 1) enrollment fees based on the number of children enrolled, and 2) for two (2) Senior Program Leads 147
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MUSD Terms
Per the MOU the MUSD will:
- identify the students qualified for the Program by school site and communicate to parents of eligible students how to sign up for ATB through the City’s enrollment platform
- provide access to classrooms, multi-use room, restrooms, etc., as well as onsite storage for Program equipment for all ATB participants
- pay the enrollment fees for eligible and enrolled youth to the City
- reimburse the City for the monthly cost for two (2) Program Leads
The final number of ELOP participants will be determined mid-summer. Once final enrollment numbers are known, staff will bring forward to City Council an amendment to the City’s FY2022-23 budget for program expenditures fully offset with new revenues.
POLICY ALTERNATIVE(S):
Alternative 1: Do not authorize the City Manager to Enter into a Memorandum of Understanding with the MUSD for Expansion of After the Bell for the Extended Learning Opportunities Program Pros: Staff can stop work on the expansion and focus on other projects and tasks Cons: Should ATB not provide services for ELOP, another afterschool care provider will be contracted with the potential of ATB not being held at any elementary school site, greatly reducing department and City revenue streams.
Reason for Not Recommending: Should ATB not provide services for ELOP, another afterschool care provider will be contracted for this service, with the potential of ATB not being held at any elementary school site, greatly reducing department and City revenue streams.
FISCAL IMPACT:
Fiscal impact at this time is unknown. The final number of ELOP participants will be determined mid-summer.
Once final enrollment numbers are known, staff will bring forward to City Council an amendment to the City’s FY2022-23 budget for program expenditures fully offset with new revenues. This budget amendment may be addressed in the FY2022-23 mid-year budget report or sooner.
RECOMMENDATION:
Authorize City Manager to Enter into a Memorandum of Understanding with the MUSD for Expansion of After the Bell for the Extended Learning Opportunities Program
Attachment(s):
Draft MOU
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MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF MILPITAS AND MILPITAS UNIFIED SCHOOL DISTRICT
FOR THE PROVISION OF EXPANDED AFTER THE BELL (ATB) PROGRAM FOR THE EXPANDED
LEARNING OPPORTUNITIES PROGRAM TO SUPPORT YOUTH
This Memorandum of Agreement (“Agreement”) is made and entered into this ____ day of ________________, 2022 (“Effective Date”), by and between the City of Milpitas, a municipal corporation of the State of California (“City”) and the Milpitas Unified School District, a California public school district (“District”). City and District are sometimes referred to individually as a “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, the City has offered an afterschool program called “After the Bell” (“ATB”) in cooperation with the District on District sites for various decades; and
WHEREAS, After The Bell currently serves students grades 1 – 6 at seven (7) elementary District sites; and
WHEREAS, the State of California approved the Expanded Learning Opportunities Program (ELOP) funding as part of the approval of the FY 2021-22 Adopted Budget; and
WHEREAS, the ELOP funding distributed to school districts is provided to support unduplicated students that are eligible for free or reduced meals, English learner, or foster youth/McKinney Vento to participate in after school programs; and
WHEREAS, the District has requested a partnership to provide support to its students in need of afterschool care in accordance with State required provision of ELOP; and
NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the Parties agree as follows:
TERMS OF AGREEMENT
The Term of this Agreement shall be for school year 2022-23, starting August 10, 2022 and will be in effect from the Effective Date to June 2, 2023 until revoked, in writing, with a 30 day notice, by either party.
1. City Responsibilities:
a. City is responsible for staffing the ELOP/ATB Program (Program) and conducting Program operations at eight (8) elementary school sites for grades K-6th as follows: Burnett, Curtner, Mattos, Pomeroy, Sinnott, Spangler, Weller, and Zanker schools, from bell dismissal to 6:00 p.m., when a school site is in session.
b. City will manage the Program enrollment of eligible, interested Program participants through Recreation and Community Services software, including but not limited to all applicable waivers and emergency contact forms.
c. City will maintain safe Program child:leader ratios. Site enrollment minimums and related Program monthly payments must cover total cost of at least two (2) site leader staff for Program participants. Enrollment minimums will be set through discussion by City and District by July 15.
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d. City will establish and create Program materials and conduct all communication including but not limited to Program protocols, code of conduct, program calendars, and parent directives.
e. By August 4, the City will invoice District for a deposit of one month of Program enrollment fees based on the number of children enrolled by August 1. Thereafter, the City will invoice the District on the 4th of every month for the full Program enrollment costs for the past month’s Program cost. For the last month of enrollment in the school year, the City will reconcile the deposit with the last month’s program costs and either invoice the District for the shortfall or pay any surplus to the District in accordance with that reconciliation.
d. City will invoice the District on the 4th of every month for the total cost for two (2) Senior Program Leads, for the prior month’s Program hours worked, which the District will have 30 days to pay.
2. District Responsibilities:
a. District will identify the students qualified for the Program by school site and communicate to parents of eligible students how to sign up for ATB through the City’s enrollment platform.
b. District will provide Program students and leaders access to areas of the campus such as classrooms, multi-use room, restrooms, etc. during Program hours for both ATB and Program enrollees, as well as onsite storage for Program equipment.
c. District will pay City 100% of Program costs for enrolled students at the annual amount of $1,980 per student. District will be billed monthly by City and will pay City within 30 days of receipt of invoice.
d. Site enrollment minimum at the Sinnott Elementary school site must be maintained to cover total cost of two (2) site leader staff. Should enrollment fall below required minimum, District will cover the difference between enrollment fee revenue and site leader staff total cost.
e. District will pay City, 100% of the total cost for two (2) Program Leads, in an amount not to exceed $52,000. District will be billed monthly by City and will pay City within 30 days of receipt of invoice.
3. General Provisions:
Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this MOU. Any action, suit or proceeding related to or arising from this MOU shall be filed in the Santa Clara County Superior Court.
No Third-Party Beneficiaries. This MOU is made and entered into for the sole benefit of the parties hereto. No other person shall have any right of action based upon any provision of this MOU.
Joint Preparation. This MOU shall be deemed to have been prepared jointly and equally by the parties, and none of its terms shall be construed against any party on the ground that the party prepared the MOU or caused it to be prepared.
Entire Agreement. This MOU constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements and 150
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understandings, both written and oral. This MOU may not be modified or amended except in a writing signed by all parties hereto.
Authority to Execute. The persons executing this MOU on behalf of each of the parties warrant and represent that they have the authority to execute this MOU on behalf of the party for whom they execute and have the authority to bind the party to the obligations hereunder.
Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
District:
Milpitas Unified School District
1331 E. Calaveras Boulevard
Milpitas, California 95035
Attn: Cheryl Jordan, Superintendent
City:
City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 95035
Attn: Steven McHarris, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
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SIGNATURES PAGE
City of Milpitas Milpitas Unified School District
City Manager: Superintendent:
Signature: Signature:
Name: Name:
Title:_______________________________ Title:
Date: Date:
City Attorney:
Signature:
Name:
Title: _______________________________
Date:
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CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve the Accounts Receivable Write-offs for the Fiscal Year ending June 30, 2022 (Lauren Lai, Finance Director, 408-586-3111)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 6/21/2022
Recommendation: Approve the Accounts Receivable write-offs in the amount of $71,246 for the fiscal year ending June 30, 2022.
BACKGROUND:
As part of the annual preparation of the financial statements, staff reviews the City’s accounts receivables or outstanding payments to the City. Any outstanding payment in excess of one year is considered for being written off, if after several attempts to collect payment including internal billing mailings, past due notices, phone call follow up and referral of the outstanding payment to a collection agency have been unsuccessful.
The City of Milpitas Municipal Code I-5-3.00 titled “Write-off of Uncollectible Accounts,” authorizes the City Manager and the Director of Finance, jointly, to write off as uncollectible up to $50,000.00 in total annually (and up to $10,000.00 for any single account or claim) on all accounts or claims which the City may have against all persons under certain conditions. When the City Manager and Director of Finance determine that the claim is (1) uncollectible; possibly collectible but collection would not be reasonably cost effective taking into consideration the probable necessary cost to the City in pursuing collection and the likelihood of collection; or not a valid, enforceable claim of the City. Since the annual write-off amount is in excess of $50,000, staff seeks Council approval.
ANALYSIS:
Depending on the total annual amount deemed uncollectible, staff recommends the attached listings of accounts receivable (AR) write-offs to City Council for approval. This report covers the period prior to June 2021. Attached in the Council’s packet are two AR lists, one for utility accounts (water, and sewer) and the other for non-utility accounts that have remained unpaid for more than 12 months. The table below identifies AR categories, total amounts invoiced for the period of July 1, 2020 to June 30, 2021, proposed write-off amounts, and proposed write-off amount represented as of percent of total amounts invoiced. It should be noted that during this period, the City achieved an overall collection rate of 99.87%. The proposed write-offs amount of $71,246 is approximately 0.13% of all the amounts invoiced during the same period.
AR Category
Total Amount
Invoiced
Proposed Write-
off Amount
Write-Offs as a % of
Amount Invoiced
Utility Accounts $ 54,282,038 $8,420 0.02%
Business License 328,115 129 0.04%
Retirees Medical 33,427 438 1.31%
Fire Fees 103,343 16,031 15.51%
Police Charges 57,400 29,562 51.50%
Neighborhood Services Charges 17,433 6,208 35.61%
Miscellaneous N/A 1,635 N/A
Loans N/A 8,823 N/A
Total $ 54,821,726 $71,246 0.13%
153
Item # C8.
Finance staff invoices and collects payments for all utility accounts as well as miscellaneous accounts receivable (private development jobs, fire permits, fire false alarm, business licenses, retiree medical, police false alarms, police subpoena, animal regulation violations, and NBO Fines). For utility accounts, in accordance to Senate Bill 998 Discontinuance of residential water service, a bill is due for payment in 21 days from the bill date. Finance staff then sends a reminder notice 23 days from the bill date and final notice 65 days from the bill date. A telephone call follows 73 days from the bill date. The utility account will be tagged for shut off 80 days from the bill date. And if not paid, a utility account will be cut-off 85 days from the bill date after which point it will be sent to the City’s collection agency, Collection Bureau of America (CBA). If cut-off and sent to collections, a utility customer will not be able to start new service until they have paid their outstanding balance in full; even if that balance has been written off from an accounting standpoint.
In fiscal year 2021-2022, the City applied for the water arrearages payment program from State Water Resources Control Board and provided financial assistance to community water systems with past due bills accrued during COVID-19 pandemic bill relief from March 2020 to June 2021. That program was able to assist residents to payoff water bill outstanding balance during that time period.
For miscellaneous accounts receivables, an invoice issued is due for payment in 28 days from issuance date of the invoice. If not paid on the due date, a reminder notice will be issued by Finance staff on the 28th day and due for payment in 14 days from issuance date of the reminder notice. If not paid on the due date, a Final Notice will be issued on the 42nd day and due for payment in 7 days from issuance date of Final Notice. If not paid on the due date, the account will be sent to the City’s collection agency on the 49th day. If the account is for a developer, they will not be able to start new work in Milpitas if they have an outstanding balance.
Staff is also recommending Council write off one CDBG rehabilitation loan that was not collectable in this fiscal year. The total rehabilitation loan balance was $58,823. The loanee paid off $50,000 and the remaining loan amount of $8,823 was not collectable and therefore, requested to be written off. This loan was originally administered by Santa Clara County CDBG Program and erroneously liened for only $50,000.
POLICY ALTERNATIVE(S):
Alternative 1: Do not approve the proposed recommendation to write off accounts receivable.
Pros: None
Cons: Will not follow Generally Accepted Accounting Principles and the City’s financials will be overstated.
Reason for Not Recommending: The City needs to ensure to follow financial practices consistent with Generally Accepted Accounting Principles. Following GAAP is a precursor towards an unqualified or “clean” financial audit.
FISCAL IMPACT:
Write offs of $71,246 from the outstanding accounts receivable will reduce the full-accrual fund balances of the General Fund by $62,826 and the Utility Funds by $8,420.
California Environmental Quality Act (CEQA):
Not applicable
RECOMMENDATION:
Approve the Accounts Receivable write-offs for the fiscal year ending June 30, 2022.
Attachment(s):
1. FY2020-2021 Utility Bills Write Off
2. FY2020-2021 Miscellaneous Accounts Receivable Write Off
154
Item # C8.
City of Milpitas
Utility Bill Write Off
(final date as of 6/30/21)
FY2021-2022
TOTAL
8,419.88
Final Bill
Amount
Account
Last Name
First Name
Date
Write Off
Reason
2001539
DULAY
STEPHEN
07/06/20
181.45
Closed Account
2014376
WETLESEN
PAMELA
06/28/21
664.52
Closed Account
2026914
GIL
RAMON
06/28/21
2,731.84
Closed Account
2028342
24-HOUR FITNESS CENTER INC (Jacklin location)
08/24/20
182.84
Bankruptcy
2032196
SUSHI MARU
04/27/20
367.74
Closed Business
2033347
MODI
SAURABH
05/24/21
543.67
Closed Account
2035875
VEA
TEUILA
06/21/21
1,248.00
Closed Account
2041575
BLE
OTOKONDA
05/24/21
1,389.30
Closed Account
2043517
PARAKKAT
MOHAMAD
03/12/21
371.89
Closed Account
2044575
DUMPLING MAMA
05/24/21
370.57
Closed Business
2045896
CHEN
XIUMIN
05/24/21
142.44
Closed Account
2046696
GERVACIO
XIOMARA
03/08/21
73.19 Closed Account
2047269
TRAN
BINH
07/17/20
152.43
Closed Account
1 155
Item # C8.
INVOICE
NUMBER
DATE
CUSTOMER NAME
CUSTOMER ID
NUMBER
AMOUNT
DESCRIPTION
I000046944
09/20/19
OS EDGE
00013082
129
Business License
BUSINESS LICENSE
129
$
I000049230
01/08/21
ANTHONY GULARTE
00013173
219
AR Benefits
I000049388
02/05/21
ANTHONY GULARTE
00013173
219
AR Benefits
RETIREE MEDICAL
438
$
I000047509
12/27/19
YUMMY YUMMY BAO
F19-0736
857
Fire Annual Fee
I000049073
12/18/20
VTA
F12-0175
910
Fire Annual Fee
I000049081
12/18/20
SCVTA -BART MILPITAS AUXILLARY
F16-0361
617
Fire Annual Fee
I000049087
12/18/20
CAMPUS 237 OWNER LLC
F17-0232
617
Fire Annual Fee
I000049102
12/18/20
CAMPUS 237 OWNER LLC
F18-0002
617
Fire Annual Fee
I000049095
12/18/20
ORINDA EQUITY PARTNERS, LLC
F19-0230
617
Fire Annual Fee
I000049096
12/18/20
Irvine Company
F20-0026
617
Fire Annual Fee
I000049063
12/18/20
UNION PACIFIC RAILROAD
F88-0016
617
Fire Annual Fee
I000049108
12/18/20
CONDOMINIUM COMPLEX
F94-0741
1,175
Fire Annual Fee
I000049082
12/18/20
SCVTA - BART SRC HVSS & SRR TP
F16-0363
1,526
Fire Annual Fee
I000049084
12/18/20
SCVTA - BART SME TPSS & SECTIO
F16-0552
617
Fire Annual Fee
I000049085
12/18/20
SCVTA - BART MILPITAS STATION
F16-0553
617
Fire Annual Fee
I000049536
03/19/21
APPLE
F20-0285
2,114
Fire Annual Fee
I000049541
03/19/21
VBIRYANIZ
F21-0467
295
Fire Annual Fee
I000049543
03/19/21
ADVANCE ENERGY INDUSTRIES, INC
F21-0472
910
Fire Annual Fee
I000049752
05/14/21
VERIZON WIRELESS
F21-0549
617
Fire Annual Fee
I000049754
05/14/21
HANSANG TOFU
F21-0556
295
Fire Annual Fee
FIRE ANNUAL FEE
13,631
$
I000046771
08/16/19
SHELL BUILDING (55-91)
00012543
300
Fire False Alarm
I000047753
01/31/20
THE BENTO BOX
00013112
300
Fire False Alarm
I000048465
08/07/20
ESSEX PORTFOLIO LP
00012730
900
Fire False Alarm
I000049196
01/01/21
DCA ILARA INVESTORS LLC
00013184
300
Fire False Alarm
I000049432
02/19/21
AYGB MILPITAS LLC
00012768
600
Fire False Alarm
FIRE FALSE ALARMS
2,400
$
I000048049
04/10/20
ADP LLC
00013133
150
PD False Alarm
I000048425
07/31/20
ADP LLC
00013133
500
PD False Alarm
I000048902
11/06/20
ADP LLC
00013133
250
PD False Alarm
I000048127
04/30/20
ADP, INC
00012781
250
PD False Alarm
I000048591
09/18/20
ADP, INC
00012781
250
PD False Alarm
I000048723
09/25/20
ADP, INC
00012781
250
PD False Alarm
I000047613
01/24/20
APEX APARTMENT
00012512
250
PD False Alarm
I000046512
07/19/19
ASHLEY FURNITURE
00012717
50 PD False Alarm
FY 2021-2022 WRITE OFF
Miscellaneous Accounts Receivable
as of June 30, 2021
156
Item # C8.
INVOICE
NUMBER
DATE
CUSTOMER NAME
CUSTOMER ID
NUMBER
AMOUNT
DESCRIPTION
FY 2021-2022 WRITE OFF
Miscellaneous Accounts Receivable
as of June 30, 2021
I000047040
09/27/19
ASHLEY FURNITURE
00012717
500
PD False Alarm
I000047161
10/18/19
ASHLEY FURNITURE
00012717
500
PD False Alarm
I000047250
11/15/19
ASHLEY FURNITURE
00012717
250
PD False Alarm
I000047557
01/10/20
ASHLEY FURNITURE
00012717
250
PD False Alarm
I000048413
07/31/20
ASHLEY FURNITURE
00012717
1,150
PD False Alarm
I000048582
09/18/20
ASHLEY FURNITURE
00012717
1,500
PD False Alarm
I000048710
09/25/20
ASHLEY FURNITURE
00012717
750
PD False Alarm
I000048884
11/06/20
ASHLEY FURNITURE
00012717
500
PD False Alarm
I000049034
12/18/20
ASHLEY FURNITURE
00012717
500
PD False Alarm
I000047251
11/15/19
AT & T MOBILITY
00012720
150
PD False Alarm
I000047627
01/24/20
AT&T MOBILITY
00012338
500
PD False Alarm
I000048716
09/25/20
AT&T MOBILITY
00012338
50 PD False Alarm
I000049213
01/01/21
AT&T MOBILITY
00012338
100
PD False Alarm
I000049408
02/19/21
AT&T MOBILITY
00012338
250
PD False Alarm
I000047567
01/10/20
BARCO INC
00013101
250
PD False Alarm
I000047623
01/24/20
BARCO INC
00013101
750
PD False Alarm
I000049709
05/07/21
BYTON
00013207
50 PD False Alarm
I000048140
05/15/20
CENTURY THEATRES
00010177
50 PD False Alarm
I000048225
06/12/20
CENTURY THEATRES
00010177
100
PD False Alarm
I000048707
09/25/20
CENTURY THEATRES
00010177
250
PD False Alarm
I000047626
01/24/20
CHICK & TEA
00013088
100
PD False Alarm
I000047640
01/24/20
DAVE & BUSTERS
00010092
500
PD False Alarm
I000047616
01/24/20
DICK'S SPORTING GOODS
00012907
100
PD False Alarm
I000047553
01/10/20
DOLLAR TREE STORE
00010348
50 PD False Alarm
I000048886
11/06/20
DOLLAR TREE STORE
00010348
150
PD False Alarm
I000048431
07/31/20
FLOOR AND DECOR OUTLETS OF AME
00013149
150
PD False Alarm
I000048715
09/25/20
FLOOR AND DECOR OUTLETS OF AME
00013149
250
PD False Alarm
I000049043
12/18/20
FLOOR AND DECOR OUTLETS OF AME
00013149
250
PD False Alarm
I000049209
01/01/21
FLOOR AND DECOR OUTLETS OF AME
00013149
750
PD False Alarm
I000049405
02/19/21
FLOOR AND DECOR OUTLETS OF AME
00013149
250
PD False Alarm
I000049710
05/07/21
GOLDEN STATE URGENT CARE PROVI
00013208
150
PD False Alarm
I000049197
01/01/21
JOLLIBEE
00013175
100
PD False Alarm
I000046925
09/13/19
JONES LANG LASALLE AMERICAS IN
00013048
250
PD False Alarm
I000047045
09/27/19
JONES LANG LASALLE AMERICAS IN
00013048
1,000
PD False Alarm
I000047639
01/24/20
JONES LANG LASALLE AMERICAS IN
00013048
500
PD False Alarm
157
Item # C8.
INVOICE
NUMBER
DATE
CUSTOMER NAME
CUSTOMER ID
NUMBER
AMOUNT
DESCRIPTION
FY 2021-2022 WRITE OFF
Miscellaneous Accounts Receivable
as of June 30, 2021
I000047172
10/18/19
NAVAJO COMPANY
00013090
100
PD False Alarm
I000047167
10/18/19
NEW KING EGG ROLL II INC
00013066
250
PD False Alarm
I000047159
10/18/19
OLIVE GARDEN
00012491
250
PD False Alarm
I000049041
12/18/20
PAMELA I WETLESEN
00011140
400
PD False Alarm
I000048048
04/10/20
PARIS BAGUETTE
00013132
50 PD False Alarm
I000048717
09/25/20
PARIS BAGUETTE
00013132
350
PD False Alarm
I000048893
11/06/20
PARIS BAGUETTE
00013132
250
PD False Alarm
I000049215
01/01/21
PARIS BAGUETTE
00013132
250
PD False Alarm
I000049422
02/19/21
PSI WATER TECHNOLOGIES INC
00013192
50 PD False Alarm
I000047569
01/10/20
PULTE HOMES-THE FLATS
00013107
50 PD False Alarm
I000049201
01/01/21
ROUND TABLE PIZZA #2
00011015
50 PD False Alarm
I000047568
01/10/20
SHAPELL PROPERTIES
00013102
250
PD False Alarm
I000048885
11/06/20
SIERRA GATE LLC
00013150
250
PD False Alarm
I000048595
09/18/20
SURESITE CONSULTING GROUP LLC
00013163
150
PD False Alarm
I000048709
09/25/20
SURESITE CONSULTING GROUP LLC
00013163
1,000
PD False Alarm
I000048882
11/06/20
SURESITE CONSULTING GROUP LLC
00013163
250
PD False Alarm
I000049032
12/18/20
SURESITE CONSULTING GROUP LLC
00013163
250
PD False Alarm
I000048132
04/30/20
SUTTER WALK IN CARE
00013135
400
PD False Alarm
I000048142
05/15/20
SUTTER WALK IN CARE
00013135
250
PD False Alarm
I000048230
06/12/20
SUTTER WALK IN CARE
00013135
250
PD False Alarm
I000047263
11/15/19
TESLA ENERY OPERATIONS INC
00013100
650
PD False Alarm
I000047566
01/10/20
TESLA ENERY OPERATIONS INC
00013100
750
PD False Alarm
I000048047
04/10/20
TESLA ENERY OPERATIONS INC
00013100
50 PD False Alarm
I000048418
07/31/20
TESLA ENERY OPERATIONS INC
00013100
350
PD False Alarm
I000049049
12/18/20
TESLA ENERY OPERATIONS INC
00013100
250
PD False Alarm
I000048141
05/15/20
TIRES BY WHEEL WORKS
00010813
50 PD False Alarm
I000048227
06/12/20
TIRES BY WHEEL WORKS
00010813
100
PD False Alarm
I000048586
09/18/20
TIRES BY WHEEL WORKS
00010813
250
PD False Alarm
I000048892
11/06/20
TIRES BY WHEEL WORKS
00010813
250
PD False Alarm
I000047039
09/27/19
TUFF SHED1
00012704
50 PD False Alarm
I000047650
01/24/20
TURING LYON MANAGEMENT GROUP
00013122
50 PD False Alarm
I000046932
09/13/19
U.S. TELPACIFIC
00013080
50 PD False Alarm
I000048420
07/31/20
U.S. TELPACIFIC
00013080
600
PD False Alarm
I000048720
09/25/20
U.S. TELPACIFIC
00013080
250
PD False Alarm
I000049199
01/01/21
UNITED RENTALS
00013151
100
PD False Alarm
I000047253
11/15/19
WELLBOUND OF MILPITAS
00012950
250
PD False Alarm
I000047560
01/10/20
WELLBOUND OF MILPITAS
00012950
1,000
PD False Alarm
I000047036
09/27/19
WELLS FARGO BANK 1
00010865
250
PD False Alarm
I000048434
07/31/20
WORLDS YOGA MILPITAS
00013152
900
PD False Alarm
I000048580
09/18/20
WORLDS YOGA MILPITAS
00013152
500
PD False Alarm
I000048881
11/06/20
WORLDS YOGA MILPITAS
00013152
250
PD False Alarm
158
Item # C8.
INVOICE
NUMBER
DATE
CUSTOMER NAME
CUSTOMER ID
NUMBER
AMOUNT
DESCRIPTION
FY 2021-2022 WRITE OFF
Miscellaneous Accounts Receivable
as of June 30, 2021
I000048426
07/31/20
XL CONSTRUCTION
00010531
50 PD False Alarm
I000048592
09/18/20
XL CONSTRUCTION
00010531
100
PD False Alarm
I000049420
02/19/21
XL CONSTRUCTION
00010531
250
PD False Alarm
POLICE FALSE ALARMS
27,350
$
I000048878
10/30/20
JEFFREY M VUCINICH
00013174
251
PD Subpoena
I000049248
01/15/21
JEFFREY M VUCINICH
00013174
1,961
PD Subpoena
POLICE SUBPOENA
2,212
$
I000044848
09/14/18
LISETTE RODRIGUEZ
00012982
200
Animal Violation
I000044958
09/28/18
DANIEL NOAH BESTER
00012986
263
Animal Violation
I000045068
11/02/18
ROY G JOHNSON
00012993
225
Animal Violation
I000045069
11/02/18
RONNIE CRUZ
00012994
50 Animal Violation
I000045379
01/04/19
BADESHA MANPREET AND JASBIR
00013011
100
Animal Violation
I000045519
02/01/19
WILLIAM H HUGHES
00012843
100
Animal Violation
I000045520
02/01/19
WILLIAM H HUGHES
00012843
100
Animal Violation
ANIMAL VIOLATIONS
1,038
$
I000044770
08/24/18
YONG ONG N ET AL
00012965
100
NBO Fines
I000045070
11/02/18
SAROJ SABHERWAL TRUSTEE
00012995
1,700
NBO Fines
I000045288
12/14/18
ERICK F PALMA ET AL
00013004
800
NBO Fines
I000045380
01/04/19
200 SERRA WAY LLC
00013012
300
NBO Fines
I000045590
03/08/19
VIAM DEVELOPMENT 111 LP
00013034
100
NBO Fines
I000045965
04/26/19
200 SERRA WAY LLC
00013012
300
NBO Fines
I000045964
04/26/19
200 SERRA WAY LLC
00013012
1,300
NBO Fines
I000046415
06/21/19
STEVEN MOHR
00012537
300
NBO Fines
I000048246
06/19/20
STEVEN MOHR
00012537
270
NBO Fines
NBO FINES
5,170
$
I000046499
07/05/19
ANTHONY PHAN
00013056
1,635
Misc
MISC
1,635
$
CDBG LOAN
8,823
Loan
LOANS
8,823
$
OVERALL TOTAL
62,826
$
159
Item # C8.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve and Authorize the City Manager to Execute the Agreement for a One-Year Renewal with Brown & Brown for Excess Workers’ Compensation Insurance Coverage for a total agreement amount of $302,134 Staff Contact: Jeannine Seher, Human Resources Director, 408-586-3086)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 6/21/2022
Recommendation: Approve and Authorize the City Manager to Execute the Agreement for a One-Year Renewal with Brown & Brown for Excess Workers’ Compensation Insurance Coverage in the amount of $302,134
Background:
On July 1, 2021, the City renewed its policy with Brown & Brown Insurance Services of California, Inc. (“Brown & Brown”) for one year to provide Excess Workers’ Compensation Insurance coverage to the City (the “Agreement”) in accordance with any applicable requirements of federal, state or local laws or rules and/or regulations. The current policy is set to expire June 30, 2022.
Brown & Brown, Inc. is among the top 5 largest insurance brokers worldwide. The company provides a variety of insurance products and services to corporate, institutional, professional and individual clients. Head- quartered in Daytona Beach, Florida, Brown & Brown was founded in 1939. Following a merger in 1993, the company became publicly traded on Nasdaq. In 1998, the company became listed on the New York Stock Exchange (NYSE: BRO) and joined the S&P 500 in 2021. Brown & Brown handles clients’ premiums in excess of $20 Billion annually and has 6,000+ retail teammates.
Analysis:
Brown & Brown approached four (4) companies to bid the Excess Workers’ Compensation program. Safety National, the incumbent carrier, provided the quote which includes an 8.2% increase, which is consistent with its other quoted premiums in the market for 2022/23. Two companies declined to quote, one of which was unable to compete with the current plan, and the other declined due to the minimum retention requirements of the plan. A third company did not submit a timely quote.
Safety National offered multiple tiers of coverage levels with associated premiums as described in Attachment 2, page 6. Staff is recommending a renewal of excess workers’ compensation insurance coverage with Brown & Brown using the coverage option that best balances cost effectiveness and the assumed risk to the City. By way of the new policy, the annual deposit premium not-to-exceed amount will be $302,134 for coverage from July 1, 2022, through June 30, 2023.
Policy Alternatives:
Alternative 1: Do not approve and authorize the City Manager to renew the Policy with Brown & Brown for one year.
Pros: There is no benefit to discontinuing coverage with Brown & Brown. The City will continue to be liable for workers’ compensation claims.
Cons: Not having this coverage in place opens the risk to potentially higher liability for the City. 160
Item # C9.
Reasons not recommended: The City will have a gap in coverage for Excess Workers’ Compensation and staff would have limited time to request new proposals from other vendors.
Fiscal Impact:
The City has already established an appropriation for this request for FY 2022-23.
California Environmental Quality Act:
Approval of the recommendation is not an activity defined as a “project” under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b) (3) and 15378(b)(4) either because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and/or because the action is financial and/or administrative and does not directly impact the environment.
Recommendation:
Approve and Authorize the City Manager to Execute the Agreement for a One-Year Renewal with Brown & Brown for Excess Workers’ Compensation Insurance Coverage in the amount of $302,134
Attachments:
1. 2021-22 Excess Workers’ Compensation Bind Letter
2. 2022-23 Excess Workers’ Compensation Proposal
161
Item # C9.
California License 0D04053
2401 E. Katella Ave., Suite 550, Anaheim, CA 92806
1 (800) 228-7975 ♦ (714)-221-1800 ♦ Fax: (714)-221-4196
July 8, 2021
City of Milpitas
Jeannine Seher
455 East Calaveras Boulevard
Milpitas, CA 95035
RE: Policy: Workers Compensation
Writing Company: Safety National Casualty Corporation
Policy No: SP4065322
Policy Period: 7/1/2021 to 7/1/2022
Dear Jeannine:
We have requested the insurance com pany to bind your insurance coverages based on the limit s as set forth in the attached binder for a total premium of $271,460. Higher limits may be available, please let us know should y ou require an alternative quotation. Enclosed please find the following items regarding this policy:
1. Insurance Binder as evidence of insurance with Safety National Casualty Corporation for Workers Compensation.
2. Renewal Invoice . Please make your check payable to Brown & Brown Insurance Services of California, Inc. We would appreciate your payment within 10 days.
3. Certificate of Insurance Request Form - Please use this form when requesting all certificates of insurance.
Thank you for allowing us to provide this covera ge for you. If you have any questions, please do not hesitate to contact me at (714)221-1844 or Mark Zahoryin at (714)221-1827.
Sincerely,
Katia Thomas
Account Manager
Enclosure
162
Item # C9.
163
Item # C9.
CERTIFICATE OF INSURANCE REQUEST FORM
(Please copy and complete as needed, and e-mail or fax us.)
DATE:
TO:
FROM: City of Milpitas
Policy Holder Name (Insured) Phone Number
Contact Name Fax Number
SUBJECT: Please issue a Certificate of Insurance to the following Certificate Holder:
Contact Name:
Business Name:
Street Address:
City: State: Zip:
Event(s) Date(s):
Date Required:
E-Mail Fax Number :
Additional Insured Required? Yes No If yes, for what activity, event or purpose:
Loss Payee Required? Yes No
Additional Requirements or Special Wording:
Please return the completed form to Katia Thomas at [email protected].
If you have any questions, please call (714)221-1844.
Thank you.
164
Item # C9.
165
Item # C9.
This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.
Coverage cannot be bound until a binder has been received.
Excess Workers’ Compensation
Presented by:
Mark Zahoryin
Brown & Brown Insurance Services of California, Inc.
2401 E. Katella Ave., Suite 550
Anaheim, CA 92806
Phone: (714)221-1800
License No. 0D04053
www.bbrown.com
Insurance Presentation for:
City of Milpitas
Policy Period:
07/01/2022 - 07/01/2023
166
Item # C9.
This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.
Coverage cannot be bound until a binder has been received.
Thank you for inviting us to develop and present a Risk Solution Program to you. We welcome the opportunity to become involved with your company. We have worked to identify your needs and concerns, and to develop a program for your insurance. Brown & Brown , Inc. is among the top 5 largest insurance brokers worldwide.1 The company provides a variety of insurance products and services to corporate, institutional, professional and individual clients. Headquartered in Daytona Beach , Florida, Brown & Brown was founded in 1939. Following a merger in 1993, the company became publicly traded on Nasdaq. In 1998, the company became listed on the New York Stock Exchange (NYSE: BRO), and joined the S&P 500 in 2021. Brown & Brown handles clients’ premiums in excess of $20 Billion annually and has 6,000+ retail teammates.
While size is not the sole criteria for choosing an insurance agent, it does enable us to offer our clients clout in the marketplace and unmatched service capability.
Please feel free to visit our website at www.bbrown.com.
This brief description of insurance coverage is being provided as an accommodation only and is not intended to cover or describe all policy terms. I n the event of difference, the policy will prevail. For more complete information on the scope and limits of coverage please refer to the policy document.
1 As listed in Business Insurance magazine, July 2021 edition 167
Item # C9.
This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.
Coverage cannot be bound until a binder has been received.
No matter how comprehensive or price competitive your insurance program is, it is still people who must service it to insure that coverage will respond when needed.
Mark Zahoryin
Account Executive
Phone: (714)221-1827
Fax: (714) 221-4196
[email protected]
Mark Zahoryin will oversee all aspects of your program.
Katia Thomas
Account Manager
Phone: (714)221-1844
Fax: (714) 221-4196
[email protected]
Katia Thomas will assist with the daily servicing of your account, including endorsements, certificate requests, client services, program design, accounting, quality assurance and market relationships.
Feel free to contact anyone on this list if you have questions or concerns regarding your insurance policy.
Service Team
168
Item # C9.
P
age 5 6/10/2022
This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.
Coverage cannot be bound until a binder has been received.
PREMIUM SUMMARY
Premiums as proposed:
Line of Coverage 2021/2022 Expiring
Premiums
2022/2023 Renewal
Premiums
Excess Workers Compensation
– Deposit Premium
$271,460 $302,134
Minimum Premium $244,314 $271,921
Safety National has offered a renewal quote at the expiring retentions with a rate increase of about
8.2% over last year
• Safety National has provided quotes at various retention options so if you increase the retentions the rates go down, see page 6 of the proposal.
O
ptions:
See Quote Sheet for retention options on page 6.
Renewal Comparison on page 10.
Payment Plan:
• Payment in Full
• P
lease make your check payable to Brown & Brown Insurance Services of California • Epay – There is a 3.25% fee if using a credit card and a $3 fee for ACH.
Here is the link: https://bbsocal.epaypolicy.com/
• Check by Fax – No Fee
• W
ire Transfer – We do not charge a fee for this. However, your bank might charge one.
T
his proposal is based upon the exposures to loss made known to the Agency. Any changes in these exposures (i.e., new operations, new products, additional states of hire, etc.) need to be promptly reported to us in order that proper coverage(s) may be put into place.
Premium Summary & Comparison
169
Item # C9.
Loveland Smart Insurance Services, Inc.
Attach to and forming a part our quotation dated: June 2, 2022. Broker No.: 0C20311 Applicant: City of Milpitas, CA
WC Limit Employer's Liability Self-Insured Deposit Premium Rate per $100 of Liability Sub-Limit Retention Minimum Premium of Payroll Security A) $20,000,000 $1,000,000 per Occ $750,000 All Others $302,134 0.488 Safety National Casualty Corp./ A.M. Best Rated: A++ XV $1,000,000 policy Agg $1,000,000 Police & Fire $271,921 $1,000,000 per Employee
Wildland Firefighting Endt.
B) $20,000,000 $1,000,000 per Occ $1,000,000-All Others $289,318 0.4673 Safety National Casualty Corp./ A.M. Best Rated: A++ XV $1,000,000 policy Agg
$1,000,000 per Employee
Wildland Firefighting Endt.
$260,386
C) $20,000,000 $1,000,000 per Occ $1,000,000 All Others $250,560 0.4047 Safety National Casualty Corp./ A.M. Best Rated: A++ XV $1,000,000 policy Agg $1,250,000 Police & Fire $225,504 $1,250,000 per Employee
Wildland Firefighting Endt.
D) STATUTORY$1,000,000 per Occ $750,000 All Others $326,280 0.527 Safety National Casualty Corp./ A.M. Best Rated: A++ XV $1,000,000 policy Agg $1,000,000 Police & Fire $293,652 $1,000,000 per Employee
Wildland Firefighting Endt.
Pending Arch Insurance Company / A.M. Best Rated: A+ XV Declination Minimum retention for Police & Firefighters in CA is $1,500,000. ACE Insurance Company / A.M. Best Rated: A+ XV Declination - Unable to compete with the current policy rate based on the current loss history. Midwest Employers Casualty Co. / A.M. Best Rated: A+ XV Terms and Conditions
1) Rates are based on an estimated annual remuneration of $61,912,645. 2) Safety National's quote is subject to their policy form and the following endorsements:
0275 00 0908 (XWC) Waiver of Subrogation-Negligence Excluded 0288 00 0908 (XWC) Employers' Liability Per Occurrence & Aggregate Max Limits of Liability, 0463 00 1197 (XWC) Voluntary Compensation Endorsement
1810 01 0712 (XWC) California Short Rate Cancellation Provision-Specific Excess, 0288 04 0908 (XWC) Employers' Liability Per Occurrence & Aggregate Maximum Limit of Liability-CA, 0557 00 1092 (XWC) Self-Insured Retention Per Occurrence-Police Officers& Drivers, 0467 02 1105 (XWC) Employers' Liability Maximum Limit and aggregate maximum Limit of Indemnity, 1864 17 1217 (XWC) Self-Insured Retention Per Occurrence-Wildland Firefighting 1199 00 0707(XWC) Self-Insured Retention Per Occurrence-Firefighter Class Codes, 6000 00 0121 Terrorism Risk Insurance Program Reauthorization Act Endorsement, California Mandatory Endorsements, if any. 3) Arch Insurance has not quoted yet. We will send you their quote or focused indication once it is received. 6 170
Item # C9.
This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.
Coverage cannot be bound until a binder has been received.
Renewal is subject to the following:
• Confirmation of retention levels (Option A, B, C or D from quote sheet options on pg 6) • Completed and signed ACORD application.
Coverage cannot be considered bound until a binder has been received.
Subjectivities
171
Item # C9.
This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.
Coverage cannot be bound until a binder has been received.
The following carriers were approached on your behalf:
Coverage Type Company Comments
Excess Workers’
Compensation
Safety National
(Incumbent)
Quoted $302,134
Rate $0.488
ACE Insurance
Company
Declined - Minimum
retention for Police &
Firefighters in CA is $1.5M
Arch Insurance
Company
Pending
Midwest Employers
Casualty Co.
Declined
Unable to compete
Marketing Summary
172
Item # C9.
This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.
Coverage cannot be bound until a binder has been received.
The following are named insureds on your policies:
City of Milpitas
Please verify the accuracy of each name on this list and update if needed.
Named Insured
173
Item # C9.
This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.
Coverage cannot be bound until a binder has been received.
Current
2021 / 2022
Renewal
2022 / 2023
COMPANY:
AM BEST RATING
Safety National Casualty
Corporation
A++: XV; Admitted
Safety National Casualty
Corporation
A++: XV; Admitted
STATE CA CA
MAX LIMIT OF INDEMNITY:
EMPLOYERS LIABILITY MAX
LIMIT OF INDEMNITY
$20,000,000 per occurrence
$1,000,000 per occurrence
$1,000,000 Aggregate
$20,000,000 per occurrence
$1,000,000 per occurrence
$1,000,000 Aggregate
SELF-INSURED RETENTION
(SIR):
$750,000 All Others
$1,000,000 Police and Fire
(Wildland Firefighting)
$750,000 All Others
$1,000,000 Police and Fire
(Wildland Firefighting)
ANNUAL TOTAL PAYROLL:
$60,177,251
$61,912,645
RATE: .4511 0.488
ANNUAL DEPOSIT PREMIUM:
M
INIMUM PREMIUM
$271,460
$244,314
(1 Year)
$302,134
$271,921
(1 Year)
Payrolls Are Subject to Audit
Additional Coverage May Include:
Waiver of Subrogation-Negligence Excluded for VTA
Voluntary Compensation Endorsement
Excess Workers’ Compensation
174
Item # C9.
This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.
Coverage cannot be bound until a binder has been received.
Disclaimer: This proposal presented is based upon the exposures to loss made known to the agency. Any changes in these exposures (i.e. new operations, new products, additional state of hire, etc.) need to be promptly reported to our agency in order that proper coverage(s) may be put in place.
The proposal contains only a general description of the coverage(s) and does not constitute a policy/ contract. This brief description of insurance coverage is being provided as an accommodation only and is not intended to cover or describe all policy terms. For more complete information on the scope and limits or coverage, please refer to the policy document.
The proposal includes, but is not limited to, the terms, exclusions and conditions listed. For complete policy information, including exclusions, limitations and conditions, refer to the policy document.
Non-Admitted Carrier Taxes: N/A
Fees: N/A
Minimum Earned Premium: N/A %
Early termination of coverage may result in a short rate penalty.
Higher Limits may be available upon request Premiums may be subject to audit Premiums include Terrorism Coverage
This proposal is based upon the exposures to loss made known to the Agency. Any changes in these exposures (i.e., new operations, new products, additional states of hire, etc.) need to be promptly reported to us in order that proper coverage(s ) may be put into place.
Please read your policy for specific details.
Important Notices & Disclaimers
175
Item # C9.
This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.
Coverage cannot be bound until a binder has been received.
The Insurance Company(ies) Providing Coverage has(have) the following A.M. Best* Financial Rating:
Policy Type Carrier Rating
Admitted/Non-
Admitted
Excess Workers’ Compensation Safety National Casualty Corporation A++ XV Admitted
*Rating Guide: A++ to C - Stability Rating-Highest to Lowest Rating XV to I - Assets/Surplus Rating-Largest to Smallest
General Rating:
These rating classifications reflect A.M. Best’s opinion of the relative position of each company in comparison with others, based upon averages within the Property-Casualty insurance industry. They are reflective of overall company services and standing within the industry.
Rating Key:
Secure Ratings Vulnerable Ratings
A++, A+ Superior B, B- Fair D Poor
A, A- Excellent C++, C+ Marginal E Under State Supervision B++, B+ Very Good C, C- Weak F In Liquidation
A.M. Best Rating Summary
176
Item # C9.
This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.
Coverage cannot be bound until a binder has been received.
The financial Size Category is an indication of the size of an Insurer and is based on reported Policyholders’ surplus plus conditional or Technical Reserve Funds, such as mandatory securities valuation reserve, other investment and operating contingency funds and/or miscellaneous voluntary reserves in liabilities.
Financial Size Category
Class I Up to $1,000,000
Class II $1,000,000 to $2,000,000
Class III $2,000,000 to $5,000,000
Class IV $5,000,000 to $10,000,000
Class V $10,000,000 to $25,000,000
Class VI $25,000,000 to $50,000,000
Class VII $50,000,000 to $100,000,000
Class VIII $100,000,000 to $250,000,000
Class IX $250,000,000 to $500,000,000
Class X $500,000,000 to $750,000,000
Class XI $750,000,000 to $1,000,000,000
Class XII $1,000,000,000 to $1,250,000,000
Class XIII $1,250,000,000 to $1,500,000,000
Class XIV $1,500,000,000 to $2,000,000,000
Class XV $2,000,000,000 or More
The A.M. Best Guide is the guidebook the insurance industry uses to determine the financial stability of an insurance company. A copy of the Best’s Guide report on the insurance companies quoted is available for your review.
While we strive to be certain that your insurance is placed with reputable, highly rated insurance companies, we have no way of guaranteeing the financial accuracy of the Best'’ Guide or the financial stability of any insurance company.
For these reasons, we recommend that you take into account the financial stability of all the insurance companies prior to making your selection as to who will write your insurance.
Financial Size Category
177
Item # C9.
This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.
Coverage cannot be bound until a binder has been received.
Make Brown & Brown, Inc. aware of any and all incidents immediately after they occur, whether it be an auto accident, a theft, slip & fall, even a minor incident that appears will have no future activity. Do not wait for a police report.
Gather as much concrete information as possible. For example, police reports, company incident reports, conversation logs, medicals and pictures - anything that may assist in the handling of your claim. Send this information either by mail, e-mail or fax to:
Brown & Brown Insurance Services of CA, Inc.
2401 E. Katella., Suite 550,
Anaheim, CA 92806
Katia Thomas
(714)221-1844
(714) 221-4196 fax
If you have any questions or incur any problems, please call our office and we will be glad to assist in any way we can.
Claims Reporting Guidelines
178
Item # C9.
This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.
Coverage cannot be bound until a binder has been received.
Policies which use fluctuating values as the exposure basis, i.e.: payroll or sales are subject to an audit. The company may visit your business to examine your records or ask you to complete a voluntary "mail in" audit. If at the time of the audit your exposures are different from what you estimated at the time your policy was written, you will receive a return premium credit or an additional premium billing.
If you subcontract any work, it is essential that the subcontractor provide you with a Certificate of Insurance indicating that insurance coverage is in place for General Liability, Workers Compensation, and Automobile Liability. If at the time of audit you do not have evidence of insurance from your subcontractors, you will be charged an additional premium for the payroll of the subcontractor on your policies. We recommend you require subcontractors to carry insurance via a contract.
Audits that generate an additional premium are due upon receipt. It is important that you review audits as soon as you receive them and advise us of any discrepancies in the exposures immediately so that we may inform the insurance carrier. If payment of the audit is not received by the insurance company on a timely basis, your coverage may be canceled and could adversely affect the future placement of insurance coverage.
We recommend that you review the actual exposures as compared to your estimated exposures quarterly and advise us of any significant variance.
What is an Audit?
179
Item # C9.
This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.
Coverage cannot be bound until a binder has been received.
Compensation. In addition to the commissions or fees received by us for assistance with the placement, servicing, claims handling, or renewal of your insurance coverages, other parties, such as excess and surplus lines brokers, wholesale brokers, reinsurance intermediaries, underwriting managers and similar parties, some of which may be owned in whole or in part by Brown & Brown, Inc., may also receive compensation for their role in providing insurance products or services to you pursuant to their separate contracts with insurance or reinsurance carriers.
That compensation is derived from your premium payments. Additionally, it is possible that we, or our corporate parents or affiliates, may receive contingent payments or allowances from insurers based on factors which are not client-specific, such as the performance and/or size of an overall book of business produced with an insurer. We generally do not know if such a contingent payment will be made by a particular insurer, or the amount of any such contingent payments, until the underwriting year is closed. That compensation is partially derived from your premium dollars, after being combined (or “pooled”) with the premium dollars of other insureds that have purchased similar types of coverage. We may also receive invitations to programs sponsored and paid for by insurance carriers to inform brokers regarding their products and services, including possible participation in company-sponsored events such as trips, seminars, and advisory counci l meetings, based upon the total volume of business placed with the carrier you select. We may, on occasion, receive loans or credit from insurance companies. Additionally, in the ordinary course of our business, we may receive and retain interest on premiums you pay from the date we receive them until the date of premiums are remitted to the insurance company or intermediary. In the event that we assist with placement and other details of arranging for the financing of your insurance premium, we may also receive a fee from the premium finance company.
If an intermediary is utilized in the placement of coverage, the intermediary may or may not be owned in whole or part by Brown & Brown, Inc. or its subsidiaries. Brown & Brown entities operate independently a nd are not required to utilize other companies owned by Brown & Brown, Inc., but routinely do so. In addition to providing access to the insurance company, the Wholesale Insurance Broker/Managing General Agent may provide additional services including, but not limited to: underwriting; loss control; risk placement; coverage review; claims coordination with insurance company; and policy issuance. Compensation paid for those services is derived from your premium payment, which may on average be 15% of the pre mium you pay for coverage, and may include additional fees charged by the intermediary.
Questions and Information Requests: Should you have any questions, or require additional information, please contact this office at 1-800-228-7975 or, if you prefer, submit your question or request online at http://www.bbinsurance.com/customerinquiry/
Compensation Information
180
Item # C9.
This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.
Coverage cannot be bound until a binder has been received.
Brown & Brown Insurance Services of California is happy to offer all clients a full suite of service not only for your business but also for your personal insurance needs.
Spectrum Service provides protection in the following areas:
Yes No
Employee Benefits
Medical, dental, vision, life and disability for your
employees
Yes No
Personal
Homeowners, auto, collectibles and more
Yes No
Contingency Planning
Life/Disability/Long Term Care
Yes No
Business Perpetuation
Buy-Sell/Key Man
Yes No
Financial Planning
Estate/Asset Protection • Retirement/Investment Planning
Brown & Brown Insurance Services
of California Spectrum of Services
181
Item # C9.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve and Authorize the City Manager to Enter into a Side Letter to Amend the Memorandum of Understanding between the City and LIUNA/UPEC Local 792, representing the Milpitas Employees Association (MEA) Unit, Mid-Management- Confidential Unit (Mid-Con), and the Professional and Technical Unit (ProTech) and to Approve and Authorize the City Manager to Enter into three Master Professional Services Agreements for On-Call Temporary Staffing Services (Staff Contact:
Jeannine Seher, Human Resources Director, 408-586-3086) Category: Consent Calendar-Leadership and Support Services Meeting Date: 6/14/2022
Recommendation: Approve and authorize the City Manager to enter into a Side Letter to amend the Memorandum of Understanding between the City and LIUNA/UPEC Local 792, representing the Milpitas Employees Association (MEA) Unit, Mid-Management-Confidential Unit (Mid-Con), and the Professional and Technical Unit (ProTech) and to approve and authorize the City Manager to enter into three four-year Master Professional Services Agreements for On-Call Temporary Staffing Services, with a Not to Exceed annual amount of $500,000 for each agreement.
Background:
Government Code 3500 et. al. requires the City to meet and confer in good faith over wages, hours, terms, and conditions of employment. This requirement extends to circumstances when the City has a need to contract out bargaining unit work , which may occur occasionally, to augment staffing - during times of recruitment for vacancies, staff absences due to illness or injury, in times of peak workloads or unanticipated increases in work volume. Historically, when a departmental need arises for temporary staffing services, the City has had to meet and confer on each circumstance, which is inefficient.
In order to streamline the process, on December 13, 2021 the City issued Request for Proposal (RFP) 22-044 for On-Call Temporary Personnel Services with the stated intent of contracting with one or more vendors to provide temporary staffing services. A total of 933 companies viewed the RFP, 44 downloaded the RFP and 24 companies submitted a response. The proposals were evaluated by a 3 -member panel composed of representatives from Human Resources, Recreat ion and Community Services, and , Economic Development.
The evaluation criteria included Qualification of the Firm, Staffing and Project Organization, Work Plan / Project Understanding, and the Cost Proposal. The City received twenty (2 4) submissions , of w hich four (4) were disqualified.. Staff completed an extensive evaluation process in order to score and ultimately select the top three (3) agencies. The final scores are as follows.
Company Name Tryfacta, Inc Infojini, Inc. Cynet Systems, Inc.
Score 86.33 85.67 83.33
In an effort to reach an agreement on the parameters of such contract (s), the City provided an opportunity to meet and confer, and where the parties were successful in reaching an agreement, side letters of agreement have been drafted.
Analysis: 182
Item # C10.
The City provided an opportunity to meet and confer to the International Association of Firefighters (IAFF) and to three bargaining groups represented by LIUNA, UPEC , 792 . The City and the IAFF did not reach an agreement.
The City and the three bargaining groups represented by LIUNA, UPEC 792 (MEA, MidCon and ProTech), met 6 times and exchanged proposals in an attempt to reach an agreement. The side letters reflect the discussions and agreement reached between the parties.
The City will enter into a four-year Master Professional Services Agreement, not to exceed $500,000 annually, with each of the following three (3) agencies:
1. Tryfacta, Inc.
2. Infojini, Inc.
3. Cynet Systems, Inc.
The benefit to this approach is that it will allow the City to enter into agreement with the staffing agencies without having to encumber additional funds. In order to utilize temporary staffing services, Departments will reallocate funds from their existing budgets or seek Council authority for additional funding at the time of need. Staff would like to make clear that the City is not seeking additional funding at this time, merely the ability to use already allocated funds from the budget in a potentially different way should needs arise to augment staffing during times of recruitment for vacancies, staff absences due to illness or injury, in times of peak workloads or unanticipated increases in work volume.
Policy Alternative:
Alternative: Maintain the status quo.
Pros: The City will save time on entering into three Master Professional Services Agreements.
Cons: Absent the adoption of the agreements, the City will be required to meet and confer when needs arise for temporary staffing services on an individual basis, which is ineffective and inefficient.
Reason for Not Recommending: The City has engaged in a good faith meet and confer process over the ability to contract out bargaining unit work and agreement has been reached with three of the four affected bargaining groups.
Fiscal Impact:
The City is not requesting additional funding as costs will be absorbed in departmental budgets by reallocating existing funds towards on-call Temporary Staffing Services should needs arise to augment staffing during times of recruitment for vacancies, staff absences due to illness or injury, in times of peak workloads or unanticipated increases in work volume.
California Environmental Quality Act:
Approval of the recommendation is not an activity defined as a “project” under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b) (3) and 15378(b)(4) either because it can be seen with certainty that there is no possibilit y that the activity in question may have a significant effect on the environment and/or because the action is financial and/or administrative and do es not directly impact the environment.
Recommendation:
Approve and authorize the City Manager to enter into a Side Letter to amend the Memorandum of Understanding between the City and LIUNA/UPEC Local 792, representing the Milpitas Employees Association (MEA) Unit, Mid-Management-Confidential Unit (Mid -Con), and the Professional and Technical Unit (Pro Tech) and to 183
Item # C10.
approve and authorize the City Manager to enter into three four-year Master Professional Services Agreements for On-Call Temporary Staffing Services, with a Not to Exceed annual amount of $500,000 for each agreement.
Attachment:
1. Side Letter to MOU with MEA Unit, LIUNA/UPEC (792)
2. Side Letter to MOU with Mid-Con Unit, LIUNA/UPEC (792)
3. Side Letter to MOU with Pro-Tech Unit, LIUNA/UPEC (792)
4. Temporary Staffing Services Proposal Packet from Tryfacta, Inc.
5. Temporary Staffing Services Proposal Packet from Infojini, Inc.
6. Temporary Staffing Services Proposal Packet from Cynet Systems, Inc. 184
Item # C10.
SIDE LETTER OF AGREEMENT
between
City of Milpitas and LIUNA-UPEC 792/MEA
The City issued a Request for Proposal with the stated intent of contracting with one or more vendors to provide temporary staffing services to augment staffing during times of recruitment for vacancies, staff absences due to illness or injury, in times of peak workloads, or unanticipated increases in work volume. In an effort to reach an agreement on the parameters of such a contract, the parties have an interest in entering into a side letter agreement.
dŚŝƐ^ŝĚĞ>ĞƚƚĞƌŽĨŐƌĞĞŵĞŶƚŝƐĞŶƚĞƌĞĚŝŶƚŽďLJĂŶĚďĞƚǁĞĞŶƚŚĞŝƚLJŽĨDŝůƉŝƚĂƐ;͞ŝƚLJ͟ͿĂŶĚƚŚĞ LIUNA-UPEC 792/MEA ;͞Union͟Ϳ͕ĐŽůůĞĐƚŝǀĞůLJŬŶŽǁŶĂƐ͞dŚĞWĂƌƚŝĞƐ.͟For purposes of this side letter ĂŐƌĞĞŵĞŶƚ͕Ă͞sĞŶĚŽƌ͟ŝƐƚŚe firm selected to provide temporary staffing services. An employee who works for the vendor to provide such temporary services is referred to as a Temporary Employee.
Subject to the City of Milpitas City Council approval, the Parties agree to the followi ng terms and conditions outside of the MOU:
The City shall enter into a contract with vendor(s) subject to the following parameters:
1. The list of classifications the City may fill with a temporary employee from a contract vendor shall be limited to those identified in the RFP. Should the City wish to expand the list of classifications, it shall notify the Union and provide the opportunity to meet and confer.
2. The vendor(s) selected as a result of the Temporary Services RFP shall not be used to provide staff to permanently replace regular budgeted City positions. Should the City wish to outsource a function, it shall notify the Union and provide the opportunity to meet and confer, as required by law.
3. Temporary work provided by vendor temporary employees through this agreement shall be limited as follows:
a. Peak Workload WĞƌŝŽĚƐ͗/ĨŚŝƌĞĚƚŽĂƵŐŵĞŶƚƐƚĂĨĨĨŽƌ͞ƉĞĂŬ͟ǁŽƌŬůŽĂĚƉĞƌŝŽĚƐ͕ƚŚĞ position shall be limited to a total of 720 hours per calendar year. b. Active Recruitment: If hired to backfill behind a staff vacancy, the position shall be limited to 959 hours per calendar year.
c.
ŵƉůŽLJĞĞďƐĞŶĐĞ͗/ĨŚŝƌĞĚƚŽďĂĐŬĨŝůůďĞŚŝŶĚĂŶĞŵƉůŽLJĞĞ͛ƐůŽŶŐ-term absence, no more than the length of such absence. A position being contracted shall not be allowed to exceed 959 hours without the prior authorization of the Human Resources Director and the Union.
d. Projects: If hired to complete a special project, the time is limited to the duration to complete the project, and not to exceed 959 hours per calendar year.
4. The City agrees to provide invoices monthly to the Union showing the hours worked by temporary employees in a manner agreed upon as a result of the contract with the City. a. The information provided to the Union shall include:
i. The total year-to-date hours worked by each contracted employee. ii. dŚĞĞŵƉůŽLJĞĞ͛ƐŚŽƵƌůLJƉĂLJƌĂƚĞ͘
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iii. The hourly bill rate to the City.
5. Prior to any workload being given to a temporary contracted employee, when possible, the workload shall be first offered to bargaining unit employees in the appropriate classifications, including via overtime opportunit ies, out-of-class assignment, and/or special assignment (MEA), if it is feasible based on department needs. Employees shall not be obligated to accept out-of- class or special assignments.
6. Whenever a bargaining unit position is contracted through a temp ag ency pursuant to this agreement, The City shall notify L IUNA representatives of the decision to contract work via this agreement and include the following information:
a. The date the temporary employee started.
b. The scope of the work being contracted out.
c. The reason for contracting the work (Peak workload, active recruitment, employee absence, or special project).
d. The expected duration of the work.
7. The City shall issue L IUNA representatives a monthly ͞ǀĂĐĂŶĐLJ ƌĞƉŽƌƚ͟ &ŽůůŽǁŝŶŐ ƚŚŝƐmonthly report, the City shall agree to meet with the Union upon request to discuss concerns stemming from the report.
8. The City recognizes the value of employees being gathered in the workplace to conduct City business but also understands the desire to have increased flexibility by providing teleworking options. The City does not expect to have temporary vendor staff working remotely for a significant portion or all of the workweek on a frequent basis. The City will notify the union when a temporary contract employee is telework ing a majority of the workweek. The City agrees to meet with the Union upon request to discuss any concerns.
For the City:
Jeannine M. Seher
Human Resources Director
Date
Steven McHarris
City Manager
Date
For the Union:
Ryan Heron
Union Representative, LIUNA
Date
Robert DeLong
MEA President
Date
5/17/2022
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SIDE LETTER OF AGREEMENT
between
City of Milpitas and LIUNA-UPEC 792/Pro-Tech
The City issued a Request for Proposal with the stated intent of contracting with one or more vendors to provide temporary staffing services to augment staffing during times of recruitment for vacancies, staff absences due to illness or injury, in times of peak workloads, or unanticipated increases in work volume. In an effort to reach an agreement on the parameters of such a contract, the parties have an interest in entering into a side letter agreement.
This Side Letter of Agreement is entered into by and between the City of Milpitas (“City”) and the LIUNA-UPEC 792/Pro-Tech (“Union”) collectively known as “The Parties .” For purposes of this side letter agreement, a “Vendor” is the firm selected to provide temporary staffing services. An employee who works for the vendor to provide such temporary services is referred to as a Temporary Employee.
Subject to the City of Milpitas City Council approval, the Parties agree to the following terms and conditions outside of the MOU:
The City shall enter into a contract with vendor(s) subject to the following parameters:
1. The list of classifications the City may fill with a temporary employee from a contract vendor shall be limited to those identified in the RFP. Should the City wish to expand the list of classifications, it shall notify the Union and provide the opportunity to meet and confer.
2. The vendor(s) selected as a result of the Temporary Services RFP shall not be used to provide staff to permanently replace regular budgeted City positions. Should the City wish to outsource a function, it shall notify the Union and provide the opportunity to meet and confer, as required by law.
3. Temporary work provided by vendor temporary employees through this agreement shall be limited as follows:
a. Peak Workload Periods: If hired to augment staff for “peak” workload periods, the position shall be limited to a total of 720 hours per calendar year. b. Active Recruitment: If hired to backfill behind a staff vacancy, the position shall be limited to 959 hours per calendar year.
c. Employee Absence: If hired to backfill behind an employee’s long-term absence, no more than the length of such absence. A position being contracted shall not be allowed to exceed 959 hours without the prior authorization of the Human Resources Director and the Union.
d. Projects: If hired to complete a special project, the time is limited to the duration to complete the project, and not to exceed 959 hours per calendar year.
4. The City agrees to provide invoices monthly to the Union showing the hours worked by temporary employees in a manner agreed upon as a result of the contract with the City. a. The information provided to the Union shall include:
i. The total year-to-date hours worked by each contracted employee. ii. The employee’s hourly pay rate.
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iii. The hourly bill rate to the City.
5. Prior to any workload being given to a temporary contracted employee, when possible, the workload shall be first offered to bargaining unit employees in the appropriate classifications, including via overtime opportunit ies, out-of-class assignment, and/or special assignment, if it is feasible based on department needs. Employees shall not be obligated to accept out-of-class or special assignments.
6. Whenever a bargaining unit position is contracted through a temp agency pursuant to this agreement, The City shall notify L IUNA representatives of the decision to contract work via this agreement and include the following information:
a. The date the temporary employee started.
b. The scope of the work being contracted out.
c. The reason for contracting the work (Peak workload, active recruitment, employee absence, or special project).
d. The expected duration of the work.
7. The City shall issue L IUNA representatives a monthly “vacancy report” Following this monthly report, the City shall agree to meet with the Union upon request to discuss concerns stemming from the report.
8. The City recognizes the value of employees being gathered in the workplace to conduct City business but also understands the desire to have increased flexibility by providing teleworking options. The City does not expect to have temporary vendor staff working remotely for a significant portion or all of the workweek on a frequent basis. The City will notify the union when a temporary contract employee is telewor king a majority of the workweek. The City agrees to meet with the Union upon request to discuss any concerns.
For the City:
Jeannine M. Seher
Human Resources Director
Date
Steven McHarris
City Manager
Date
For the Union:
Ryan Heron
Union Representative, LIUNA
Date
Avery Stark
ProTech President
Date
5/16/2022
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1 MASTER SERVICES AGREEMENT
BETWEEN THE
CITY OF MILPITAS AND TRYFACTA INC
This Agreement is made and entered into as of __________________ (“Effective Date”) by and between the City of Milpitas, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 455 E. Calaveras Boulevard, Milpitas, California 95035 (“City”), and Tryfacta, Inc. a California corporation with its principal place of business at 4637 Chabot Drive, suite 100, Pleasanton, CA 94588 (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
On-Call Temporary Personnel Services
(hereinafter referred to as “the Project”).
B. Contractor submitted its qualifications to City to provide On-Call Temporary Personnel Services on an as-needed basis and is one of several Contractors selected by City to provide services C. Contractor is duly licensed and has the necessary qualifications to provide such services.
D. The Parties desire by this Agreement to establish the terms for City to retain Contractor to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Contractor shall provide the City with the services described in the Scope of Servi ces attached hereto as Exhibit A. City will notify Contractor when it needs services that it believes Contractor is qualified to provide. Nothing herein obligates City to notify Contractor about every temporary staffing need. City reserves the right to solicit the services described in Exhibit A from any provider or no provider at all.
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the rates set forth in the Schedule of Charges set forth in Exhibit B. Each month, Contractor shall furnish to the City a statement of the work performed for compensation during the preceding month. All work is subject to City review and approval prior to payment.
b. In no event shall the total amount paid for services rendered by Contractor under this Agreement exceed the sum of Five Hundred Thousand Dollars and Zero Cents ($500,000.000). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses.
Periodic payments shall be made within thirty (30) days of receipt of an invoice which includes a detailed 191
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2 description of the work performed. Payments to Contractor for work performed will be made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Contractor or the Ci ty, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Contractor with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred and services provided shall be maintained by Contractor and made avail able at all reasonable times during the Agreement term and for three (3) years from the date of final payment under the Agreement for inspection by City.
5. Term.
The term of this Agreement shall be from July 1, 2022 to June 30, 2026 , unless earlier terminated as provided herein. The City reserves the right to review the Contractor’s performance at the end of each year and cancel all or part of the Agreement.
6. Delays in Performance.
a. Neither City nor Contractor shall be considered i n default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Contractor shall assist the City, as requested, in obtaining and maintaining all permits required of Contractor by federal, state and local regulatory agencies. c. If applicable, Contractor is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
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3 8. Standard of Care
Contractor’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Sub-Contractor
Contractor shall not assign, sublet, transfer, or subcontract this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall cons titute grounds for termination.
10. Independent Contractor
Contractor is retained as an independent contractor and is not an employee of City . No employee or agent of Contractor shall become an employee of City, except as set forth in Exhibit A section 1.l.. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance. Contractor shall not commence work for the City until it has provided evidenc e satisfactory to the City it has secured all insurance required under Exhibit D (Insurance Requirements), attached hereto and incorporated herein by this reference . In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required therein.
12. Indemnification.
a. To the fullest extent permitted by law, Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, voluntee rs, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or per sons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, Contractors or agents in connection with the performance of the Contractor’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and oth er related costs and expenses. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, the City, its officials, officers, employees, agents, or volunteers.
b. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for s uch claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage 193
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4 Laws, and if the total compensation is One Thousand Dollars and Zero Cents ($1,000.00) or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws . It shall be mandatory upon the Contractor and all sub-Contractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an a pplicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all sub- Contractors performing such services must be registered with the Department of Industrial Relations. Contractor shall main tain registration for the duration of the Project and require the same of any sub-Contractors, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requireme nts. Any stop orde rs issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all sub-Contractors and sub-Contractors to comply with the same.
15. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Santa Clara, State of California.
16. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Contractor. City shall pay Contractor the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Contractor of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof 194
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5 which are specified herein. Contractor shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Contractor may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Contractor. c. The Contractor understands and accepts that at all times; the Agreement is subject to appropriation of funds by the Milpitas City Council. The Agreement may terminate without penalty, liability or expense of any kind to the City at the end of Agreement term. The City has no obligation to make appropriations for the Agreement in lieu of appropriations for new or other contracts. City budget decisions are subject to the discretion of the Mayor and City Council. Contractor’s assumption of risk of possible non - appropriation is a part of the c onsideration for the Agreement. This section controls against any and all other provisions of the Agreement.
17. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
18. Organization
Contractor shall assign Arman Dhar as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
19. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
20. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 95035
Attn: Jeannine Seher, Human Resources
Director
CONTRACTOR:
Tryfacta, Inc.
4637 Chabot Drive, suite 100
Pleasanton, CA 94588
Attn: Arman Dhar
and shall be effective upon receipt thereof.
21. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Contractor.
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6 22. Equal Opportunity Employment.
Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Contractor as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to th ose matters covered hereunder. Each party acknowledges that no representations, inducement s, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
24. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.
25. Successors and Assigns
This Agreement shall be binding upon and shall inur e to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Contractor shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
27. Time of Essence
Time is of the essence for each and every provision of this Agreement.
28. City’s Right to Employ Other Contractors
City reserves its right to employ other Contractors, including engineers, in connection with this Project or other projects.
29. Prohibited Interests
Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other co nsideration contingent upon or resulting from the awar d or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, 196
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7 no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
30. Wage Theft Prevention
a. Contractor, and any sub-Contractor it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance.
b. BY SIGNING THIS AGREEMENT, CONTRACTOR AFFIRMS THAT IT HAS
DISCLOSED ANY FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN THE FIVE (5) YEARS PRIOR TO
EXECUTING THIS AGREEMENT THAT CONTRACTOR OR ITS SUB CONTRACTORS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONTRACTOR FURTHER AFFIRMS
THAT IT OR ITS SUB CONTRACTOR(S) HAS EITHER FULLY SATISFIED EACH JUDGMENT,
DECISION OR ORDER, OR, IF ANY JUDGMENT, DECISION OR ORDER HAS NOT BEEN FULLY
SATISFIED, CONTRACTOR AFFIRMS THAT IT OR ITS SUB CONTRACTOR(S) IS CURRENTLY
SATISFYING SAID JUDGMENT, DECISION OR ORDER THROUGH A PAYMENT OR ALTERNATIVE
PLAN APPROVED BY THE APPLICABLE COURT/GOVERNMENT AGENCY AND THAT
CONTRACTOR OR ITS SUBCONTRACTOR(S) ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS AGREEMENT.
c. If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that Contractor or a sub -Contractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or Contractor learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Contractor shall inform the City no more than fifteen (15) calendar days after the judgment, decision or order becomes final or from the date of learning of the final judgment, decision or order. Contractor or its sub-Contractor(s) shall, within thirty (30) calendar days after notifying the City, either (i) fully satisfy any such judgment, decision, or order and provide the City with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the City documentary evidence of a payment or other alternative plan approved by the court/government agency to satisfy the judgment, decision or order. If the Contractor or its sub-Contractor is subject to a payment or other alternative plan, the Contractor or its sub-Contractor shall continue to submit documentary evidence every thirty (30) calendar days during the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied. d. For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government agen cies include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the City, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.
e. Failure to co mply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.
f. Notice provided to the City shall be addressed to: Attention: Finance Director, 455 E.
Calaveras Blvd. Milpitas, CA 95035. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above ad dress satisfies the notice requirements in this Section.
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8 [SIGNATURES ON FOLLOWING PAGE]
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9 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE
CITY OF MILPITAS AND TRYFACTA INC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF MILPITAS
Approved By:
Steven G. McHarris, City Manager
Date
Approved As To Form:
Michael Mutalipassi, City Attorney
Approved:
Lauren Lai, CPA, MPA
Finance Director / Risk Manager
Approved As To Content:
Jeannine Seher, Human Resources
Director
TRYFACTA INC
Signature
Name
Title
Date
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10 EXHIBIT A
Scope of Services
The scope of services described herein is the minimum necessary to meet the City’s objectives. The shall be able to provide some or all services as laid out below in this scope of services and provide personnel who are competent and capable of performing the necessary tasks generally associated with the job classification types specified in Exhibit B- City Job Classification Table.
The Contractor is expected to expand on the scope by incorporating their expertise and proposed method of approach.
SCOPE OF SERVICES
1. The scope of services by the Contractor shall include, but is not limited to:
a. Providing temporary staffing for administrative, clerical, and technical categories. b. The ability to provide a pool of personnel sufficient to meet the CITY’s temporary staffing needs with a minimum notice of forty-eight hours.
c. Comparing job requirements with worker qualifications and submitting resumes of temporary staff as requested.
d. Conducting background and reference checks, and drug screening of personnel, at no additional cost to the City.
e. Ensuring temporary staff have been vaccinated for COVID-19, annually or as otherwise required by the City.
f. Identifying prior CalPERS membership of all temporary staff to be assigned to the City to assist in ensuring the City adheres to CalPERS enrollment guidelines. If temporary staff has prior CalPERS membership, identify the number of hour previously worked in the fiscal year (July 1 - June 30). g. Administering and maintaining all employment and payroll records, payroll processing, and payment of payroll checks and taxes, including the deductions required by state, federal and local laws such as social security and withholding taxes for personnel employed by Contractor. h. Making all unemployment compensation contributions to Contractor’s employee(s) as required by federal and state law and process claims.
i. Covering all costs related to Consultant’s employee(s) responsibilities for workers' compensation coverage required by federal and state law and process claims.
j. Arranging for the CITY, if requested by CITY staff, to meet with the temporary staffing candidate, at the Contractor’s expense, for a period of up to one (1) hour. The City would like the option for the department to be able to interview an employee prior to placement to ensure a good fit. The Contractor agrees to compensate the employee for an hour of their time for this purpose. The one-hour therefore, is for the purposes of holding an interviewing, not a response time for the vendor to find the placement. k. If staff have inadequate performance or other performance or behavioral issues, Contractor must be able to provide for a replacement within 24 - 48 hours.
l. Contractor will allow City the option of converting temporary employees to permanent hires after 90 days of employment, at no cost to City.
m. Services will be initiated utilizing Exhibit E- Task Order Form. 200
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11 n. The City requires that billing be made for each requesting department designated on the Task Order Form.
Invoices will reflect the task order numbers being billed for each requesting department.
2. Provide Cost Proposal for temporary staffing services for a four (4) year contract period to perform the above mentioned services on an as-needed and intermittent basis. a. Identify Contractor’s classification or position titles that Contractor is able to fill to meet the City classification needs as identified in Exhibit B- City Job Classification Table. b. All expenses shall be included in the proposed hourly billing rate, and shall include the hourly wage paid to an assigned personnel and the Contractor’s overhead, but shall not include reimbursements for travel costs or travel time.
CONTRACTOR RESPONSIBILITIES
1. Work Order Process: Contractor will only accept work orders for temporary personnel from the designated City of Milpitas (COM) HR Department employee.
2. Minimum Qualification Review: Contractor must screen and test all personnel referred to COM for temporary assignments, pursuant to COM’s test criteria and pre-employment standards, before placement is made.
3. Recruitment Search, Advertising, Networking, Screening: Contractor will identify three to five candidates from their own network, within one business day of the request, to be interviewed by a COM hiring manager. Contractor will pay for any necessary advertising and marketing to procure finalists.
Contractor will ensure availability and interests of candidates, and review credentials of each applicant based on resume, referral sources, and telephone interviews. Contractor will require that all candidates complete a background check which includes education, work and criminal history and ensure that candidates are fingerprinted, at Contractor’s cost, prior to their start date with COM. The City will have the final say as to the suitability of the candidate with respect to their background clearance.
4. Final Reference Checks: Contractor will complete a detailed reference check of each of the finalist candidates. A minimum of three references must be checked for each finalist, one of which must have had a supervisory relationship to the employee.
5. Timecards: Contractor must submit timecards to COM on a weekly basis for approval. Contractor must provide computerized billings on a monthly basis. A copy of the approved timecards must be submitted with the monthly billing. Billing must specify employee name, hours worked and department.
6. Termination of Candidate’s Employment: : If COM experiences performance issues with the selected candidate and terminates the temporary employee, the Contractor will provide a replacement employee to COM, also at no additional charge.
7. Status Reports: Contractor will provide COM with status reports on a monthly (or other agreed upon) basis, in a format approved by COM. Status reports must include the date the request was made; the date of placement; length of placement; cost of placement; job title of placement; hourly billing rate paid; department where placement was made and the name of the requestor.
8. Optional Permanent Hiring of Temporary Employees: There shall be no restrictions on the City or penalties or fees imposed by the proposer, should a temporary employee be hired to City employment.
CITY RESPONSIBILITIES
The City will assign a Project Director, or designee who will coordinate City activities with the activities of the Contractor. All contracts within the City must be arranged through the Project Director, or designee. 201
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12 The City will provide access to position classification descriptions as found on the City website, as needed by the Proposer to determine the requirements for the position. Refer to Exhibit B- City Job Classification Table for the job classifications that are part of this solicitation.
The City will determine the hourly base pay rates for each placement.
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13 EXHIBIT B
Schedule of Charges/Payments
Contractor will invoice City on a monthly cycle. Contractor will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Contractor will inform City regarding any out - of-scope work being performed by Contractor. This is a time-and-materials Agreement.
Breakdown of Cost
Contractor. is committed to provide on-call temporary personnel services for the position defined in the City Job Classification Table-Exhibit A for RFP- 22-044. Please see below the breakdown of cost mark-up, which shall be used to meet City of Milpitas, CA 95035-5411 needs for tasks outlined in the RFP- 22-044.
Breakdown of Cost Percentage
Statutory Expenses
Payroll Taxes 14.00%
Operating Expenses
Administrative Fees 5.00%
Worker Compensation Insurance 2.00%
Recruitment Fees 5.00%
Miscellaneous Fees 4.00%
Profit Mark-up 5.00%
Total
35.00%
[CITY JOB CLASSIFCATION TABLE ON FOLLOWING PAGE]
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City Job Title Contractor’s Comparable Job Title Hourly Rate Year 1
Hourly Rate
Year 2
Hourly Rate
Year 3
Hourly Rate
Year 4
Percent Increase in
hourly rate from
Year 1 to Year 4
Administrative Analyst I Administrative Analyst I $38.94 $41.67 $44.58 $47.70 22.50% Administrative Analyst II Administrative Analyst II $45.89 $49.10 $52.54 $56.22 22.50% Administrative Assistant Administrative Assistant $38.94 $41.67 $44.58 $47.70 22.50% Assistant Civil Engineer Assistant Civil Engineer $58.41 $62.50 $66.87 $71.55 22.50% Associate Engineer Associate Engineer $84.38 $90.29 $96.61 $103.37 22.50% Budget Manager Budget Manager $97.36 $104.18 $111.47 $119.27 22.50% Building Inspector Building Inspector $77.88 $83.33 $89.16 $95.41 22.50% Building Permit Technician Building Permit Technician $55.17 $59.03 $63.16 $67.59 22.50% Buyer Buyer $48.68 $52.09 $55.73 $59.64 22.50%
Customer Services Supervisor Customer Services Supervisor $55.17 $59.03 $63.16 $67.59 22.50% Engineering Aide Engineering Aide $42.19 $45.14 $48.30 $51.68 22.50% Engineering Permit Technician Engineering Permit Technician $51.92 $55.55 $59.44 $63.60 22.50% Executive Assistant Executive Assistant $48.68 $52.09 $55.73 $59.64 22.50% Finance Manager Finance Manager $90.87 $97.23 $104.04 $111.32 22.50% Financial Analyst I Financial Analyst I $48.68 $52.09 $55.73 $59.64 22.50% Financial Analyst II Financial Analyst II $55.17 $59.03 $63.16 $67.59 22.50% Fire Inspector Fire Inspector $55.17 $59.03 $63.16 $67.59 22.50% Human Resources Analyst I Human Resources Analyst I $45.43 $48.61 $52.01 $55.65 22.50% Human Resources Analyst II Human Resources Analyst II $51.92 $55.55 $59.44 $63.60 22.50% Human Resources Assistant Human Resources Assistant $35.70 $38.20 $40.87 $43.73 22.50% Human Resources Technician Human Resources Technician $36.45 $39.00 $41.73 $44.65 22.50% Information Services Analyst Information Services Analyst $64.90 $69.44 $74.30 $79.51 22.50% Junior Accountant Junior Accountant $47.25 $50.56 $54.10 $57.88 22.50% Junior Civil Engineer Junior Civil Engineer $46.73 $50.00 $53.50 $57.25 22.50% Maintenance Custodian I Maintenance Custodian I $33.75 $36.11 $38.64 $41.35 22.50% Maintenance Custodian II Maintenance Custodian II $38.94 $41.67 $44.58 $47.70 22.50% Maintenance Worker I Maintenance Worker I $32.40 $34.67 $37.09 $39.69 22.50% Maintenance Worker II Maintenance Worker II $39.23 $41.98 $44.91 $48.06 22.50% Meter Reader Meter Reader $38.94 $41.67 $44.58 $47.70 22.50% Exhibit A: The City is looking for Contractor(s) who can, at a minimum, provide services comparable to a majority of the following City Classifications. Please check City’s website for full class descriptions. If Contractor does not have workers who can provide comparable services, please indicate with an N/A. For each of the years, please identify hourly rates for each Job Title.
Column #7 - Percent Increase - Should reflect the Total Percentage increase over the life of the contract (years 1 through 4).
Overtime rate will be 1 ½ times the hourly rate. Weekend and Holiday rate will be 2 times the hourly rate. 204
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Office Assistant I Office Assistant I $32.40 $34.67 $37.09 $39.69 22.50% Office Assistant II Office Assistant II $36.35 $38.89 $41.62 $44.53 22.50% Office Specialist Office Specialist $44.55 $47.67 $51.01 $54.58 22.50% Payroll Specialist Payroll Specialist $40.50 $43.34 $46.37 $49.61 22.50% Plan Checker Plan Checker $73.44 $78.58 $84.08 $89.97 22.50% Principal Engineer Principal Engineer $97.36 $104.18 $111.47 $119.27 22.50% Public Services Assistant I Public Services Assistant I $35.70 $38.20 $40.87 $43.73 22.50% Public Services Assistant II Public Services Assistant II $43.20 $46.22 $49.46 $52.92 22.50% Purchasing Agent Purchasing Agent $38.94 $41.67 $44.58 $47.70 22.50% Senior Accountant Senior Accountant $64.90 $69.44 $74.30 $79.51 22.50% Senior Accounting Technician Senior Accounting Technician $45.43 $48.61 $52.01 $55.65 22.50% Senior Administrative Analyst Senior Administrative Analyst $54.00 $57.78 $61.82 $66.15 22.50% Senior HR Analyst Senior HR Analyst $58.41 $62.50 $66.87 $71.55 22.50% Sr. Information Analyst/Dev Sr. Information Analyst/Dev $77.88 $83.33 $89.16 $95.41 22.50% Sr. Project Manager Sr. Project Manager $148.50 $158.90 $170.02 $181.92 22.50% Sr. Public Services Assistant Sr. Public Services Assistant $55.17 $59.03 $63.16 $67.59 22.50% Staff Assistant Staff Assistant $37.80 $40.45 $43.28 $46.31 22.50% 205
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14 EXHIBIT C
Activity Schedule
[RESERVED]
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15 EXHIBIT D
INSURANCE REQUIREMENTS
Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor’s or Contractor’s Agreement.
Contractor or Contractor shall procure and maintain for the duration of the Agr eement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor or Contractor, its agents, representatives, employees or subcontractors.
Contractor or Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements.
Contractor or Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are t o be received and approved by City before work commences. City has the right to require Contractor’s or Contractor’s insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
Commercial General Liability (CGL):
___ Coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, b odily injury and personal and advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
_X__ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
___ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $5,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
Automobile Liability:
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16 _X__ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), of if Contractor or Contractor has no owned autos, Code 8 (hired) and 9 (non -owned), with limits no less than $1,000,000.00 combined single limit for bodily injury and property damage.
___ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), with limits no less than $5,000,000.00 combined single liit for bodily injury and property damage.
___ Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the Contractor or Contractor, regardless of where the vehicles are kept or driven.
Professional Liability (Errors and Omissions):
_X__ Insurance appropriates to the Contractor or Contractor’s profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.
___ (If Design/Build), with limits no less than $1,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate.
___ Insurance appropriates to the Contractor or Contractor’s profession, with limit no less than ______ per occurrence or claim, ______ aggregate
Workers’ Compensation Insurance:
_X__ Insurance as required by the State of Cali fornia, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (Not required if Contractor or Contractor provides written verification it has no employees)
The Employer’s Liability policy shall be endorsed to waive any right of subrogation as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees.
Builder’s Risk (Course of Construction):
___ Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater ma y be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.
Contractor’s or Contractor’s Pollution Legal Liability:
___ Contractor’s or Contractor’s pollution legal liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less th an $1,000,000.00 per occurrence or claim and $2,000,000.00 policy aggregate. 208
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17 If the Contractor or Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by t he Contractor or Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Cyber Liability Insurance
_X__ Cyber Liability Insurance with limits not less than $1,000,000 per claim.
Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor or Contractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage t o or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security.
The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.
Surety Bonds:
Contractor shall provide the following Surety Bonds:
____ Bid Bond
____ Performance Bond
____ Payment Bond
The Payment Bond and Performance Bond shall be i n a sum equal to the contract price. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Other Insurance Provisions:
The insurance policies are to contain, or be endorsed to contain the following provisions:
_X__ Additional Insured Status and Primary/Non-Contributory Language:
Contractor’s general liability and automobile liability policies shall be primary and shal l not seek contribution from the City’s coverage and be endorsed to add the City and its elected and appointed officials, officers, attorneys, agents employees and volunteers as additional insureds under such policies using Insurance Services Office form CG 20 10 (or equivalent) on the general liability policy.
For construction projects, an endorsement providing completed operations coverage for the additional insured on the general liability policy, ISO form CG 20 37 (or equivalent), is also required.
The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain 209
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18 a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City’s own insurance or self - insurance shall be called upon to protect it as a named insured.
___ Loss Payee Status – Builder’s Risk/Course of Construction Insurance (applicable to Construction Contracts only)
Contractor or Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.
_X__ Notice of Cancellation, Suspension or Otherwise Voiding Policies:
Each insurance policy required above shall contain or be endorsed to contain that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except with thirty (30) days’ prior written notice by certified mail, return receipt requested to the City.
_X__ Waiver of Subrogation:
Contractor or Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor or Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor or Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this p rovision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor or Contractor, its employees, agents and subcontractors.
___ Completed Operations
For Construction Agreements, Contractor shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a m inimum of five (5) years following the completion of this project. In the event Contractor fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Contractor.
THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS
Deductibles and Self-Insured Retentions (“SIR”):
Any deductibles or self -insured retentions must be declared to and approved by City. The City may require the Contractor or Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investiga tions, claim administration, and defense expenses within the retention. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees; or (2) the Contractor or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
All SIRs must be disclosed to Risk Management for approval and shall not reduce the limits of liability. 210
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19 Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City.
City reserves the right to obtain a full-certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Acceptability of Insurers:
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to City.
Claims Made Policies: (note - should be applicable only to professional liability, see below)
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor or Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead -based paint or asbestos identification/remediation, the Contractor’s Pollution Liability Policy shall not contain lead -based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability Policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Subcontractors:
Contractor or Contractor shall require and verify that all subcontractors maint ain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
Subcontractor agrees to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other contract documents. Subcontractor further agrees to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any sub-subcontractor to the extent they apply to the scope of the sub -subcontractor’s work. A copy of the City indemnity and insurance provisions will be furnished to the subcontractor upon request.
Verification of Coverage:
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20 Contractor or Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor or Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
Failure to Comply:
Each insurance policy required above shall contain or be endorsed to contain that any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officials, officers, attorneys, agents, and employees.
Applicability of Coverage:
Each insurance policy required above shall contain or be endorsed to contain that the Contractor’s or Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
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21 Exhibit E
[TASK ORDER FORM ON FOLLOWING PAGE]
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Job Classification : ___________________________
Shift Days: ______________________ Shift Hours/Per Week: __________
Shift Hours: _____________________
Hourly Rate to be Billed to the City: $
TASK ORDER
The Contractor hereby agrees to perform the Services authorized herein in accordance with all the terms and conditions of the Contract. The Contractor shall furnish the necessary professional and technical personnel and materials required to complete this work.
Task Order No. __________ (HR to provide)
Contractor: _______________________ Requesting Department: ______________________
Term: Effective: / / and continue in effect through ___/____/_____
Funding Source
Fund: ______ Function: ______ Object Code: ______
Personnel: attach Resume
Approvals
Project Manager: Department Head:
Executed by:
City of Milpitas Contractor Name
Signature Date Signature Date
Printed Name & Title Printed Name & Title
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1 MASTER SERVICES AGREEMENT
BETWEEN THE
CITY OF MILPITAS AND INFOJINI INC
This Agreement is made and entered into as of __________________ (“Effective Date”) by and between the City of Milpitas, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 455 E. Calaveras Boulevard, Milpitas, California 95035 (“City”), and Infojini, Inc. a California corporation with its principal place of business at 10015 Columbia Road, Suite 301, Columbia, MD 21046 (hereinafter referred to as “ Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
On-Call Temporary Personnel Services
(hereinafter referred to as “the Project”).
B. Contractor submitted its qualifications to City to provide On-Call Temporary Personnel Services on an as-needed basis and is one of several Contractors selected by City to provide services C. Contractor is duly licensed and has the necessary qualifications to provide such services.
D. The Parties desire by this Agreement to establish the terms for City to retain Contractor to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Contractor shall provide the City with the services described in the Scope of Servi ces attached hereto as Exhibit A. City will notify Contractor when it needs services that it believes Contractor is qualified to provide. Nothing herein obligates City to notify Contractor about every temporary staffing need. City reserves the right to solicit the services described in Exhibit A from any provider or no provider at all.
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in acco rdance with the rates set forth in the Schedule of Charges set forth in Exhibit B. Each month, Contractor shall furnish to the City a statement of the work performed for compensation during the preceding month. All work is subject to City review and approval prior to payment.
b. In no event shall the total amount paid for services rendered by Contractor under this Agreement exceed the sum of Five Hundred Thousand Dollars and Zero Cents ($500,000.000). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses.
Periodic payments shall be made within thirty (30) days of receipt of an invoice which includes a detailed 215
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2 description of the work performed. Payments to Contractor for work performed will be made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Contractor or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Contractor with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred and services provided shall be maintained by Contractor and made available at all reasonable times during the Agreement term and for three (3) years from the date of final payment under the Agreement for inspection by City.
5. Term.
The term of this Agreement shall be from July 1, 2022 to June 30, 2026 , unless earlier terminated as provided herein. The City reserves the right to review the Contractor’s performance at the end of each year and cancel all or part of the Agreement.
6. Delays in Performance.
a. Neither City nor Contractor shall be considered i n default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Contractor shall assist the City, as requested, in obtaining and maintaining all permits required of Contractor by federal, state and local regulatory agencies. c. If applicable, Contractor is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
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3 8. Standard of Care
Contractor’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Sub-Contractor
Contractor shall not assign, sublet, transfer, or subcontract this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall cons titute grounds for termination.
10. Independent Contractor
Contractor is retained as an independent contractor and is not an employee of City . No employee or agent of Contractor shall become an employee of City, except as set forth in Exhibit A section 1.l.. The work to be performed shall be in accordance with the work desc ribed in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance. Contractor shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under Exhibit D (Insurance Requirements), attached hereto and incorporated herein by this reference . In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required therein.
12. Indemnification.
a. To the fullest extent permitted by law, Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injur y of any kind, in law or equity, to property or per sons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontra ctors, Contractors or agents in connection with the performance of the Contractor’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and oth er related costs and expens es. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, the City, its officials, officers, employees, agents, or volunteers.
b. If Contractor’s obligation to defend, indemnify, and/or hold ha rmless arises out of Contractor’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdictio n, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage 217
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4 Laws, and if the total compensation is One Thousand Dollars and Zero Cents ($1,000.00) or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage L aws. It shall be mandatory upon the Contractor and all sub-Contractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all sub- Contractors performing such services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any sub-Contractors, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requireme nts. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Rela tions against Contractor or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment o f undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all sub-Contractors and sub-Contractors to comply with the same.
15. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Santa Clara, State of California.
16. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Contractor. City shall pay Contractor the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Contractor of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof 218
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5 which are specified herein. Contractor shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Contractor may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Contractor. c. The Contractor understands and accepts that at all times; the Agreement is subject to appropriation of funds by the Milpitas City Council. The Agreement may terminate without penalty, liability or expense of any kind to the City at the end of Agreement term. The City has no obligation to make appropriations for the Agreement in lieu of appropriations for new or other contracts. City budget decisions are subject to the discretion of the Mayor and City Council. Contractor’s assumption of risk of possible non - appropriation is a part of the c onsideration for the Agreement. This section controls against any and all other provisions of the Agreement.
17. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services describ ed in this Agreement, be furnished to and become the property of the City.
18. Organization
Contractor shall assign Sandeep Harjani as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
19. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
20. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 95035
Attn: Jeannine Seher, Human Resources
Director
CONTRACTOR:
Infojini, Inc.
10015 Columbia Road, Suite 301
Columbia, MD 21046
Attn: Sandeep Harjani, President
and shall be effective upon receipt thereof.
21. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Contractor.
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6 22. Equal Opportunity Employment.
Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Contractor as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to th ose matters covered hereunder. Each party acknowledges that no representations, indu cements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
24. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.
25. Successors and Assigns
This Agreement shall be binding upon and shal l inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Contractor shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
27. Time of Essence
Time is of the essence for each and every provision of this Agreement.
28. City’s Right to Employ Other Contractors
City reserves its right to employ other Contractors, including engineers, in connection with this Project or other projects.
29. Prohibited Interests
Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resu lting from the awar d or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, 220
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7 no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
30. Wage Theft Prevention
a. Contractor, and any sub-Contractor it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance.
b. BY SIGNING THIS AGREEMENT, CONTRACTOR AFFIRMS THAT IT HAS
DISCLOSED ANY FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN THE FIVE (5) YEARS PRIOR TO
EXECUTING THIS AGREEMENT THAT CONTRACTOR OR ITS SUB CONTRACTORS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONTRACTOR FURTHER AFFIRMS
THAT IT OR ITS SUB CONTRACTOR(S) HAS EITHER FULLY SATISFIED EACH JUDGMENT,
DECISION OR ORDER, OR, IF ANY JUDGMENT, DECISION OR ORDER HAS NOT BEEN FULLY
SATISFIED, CONTRACTOR AFFIRMS THAT IT OR ITS SUB CONTRACTOR(S) IS CURRENTLY
SATISFYING SAID JUDGMENT, DECISION OR ORDER THROUGH A PAYMENT OR ALTERNATIVE
PLAN APPROVED BY THE APPLICABLE COURT/GOVERNMENT AGENCY AND THAT
CONTRACTOR OR ITS SUBCONTRACTOR(S) ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS AGREEMENT.
c. If at any time during the term of this Agreement, a cour t or investigatory government agency issues a final judgment, decision or order finding that Contractor or a sub -Contractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or Contractor learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Contractor shall inform the City no more than fifteen (15) calendar days after the judgment, decision or order becomes final or from the date of learning of the final judgment, decision or order. Contractor or its sub-Contractor(s) shall, within thirty (30) calendar days after notifying the City, either (i) fully satisfy any such judgment, decision, or order and provide the City with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the City documentary evidence of a payment or other alternative plan approved by the court/government agency to satisfy the judgment, decision or order. If the Contractor or its sub-Contractor is subject to a payment or other alternative plan, the Contractor or its sub-Contractor shall continue to submit documentary evidence every thirty (30) calendar days during the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied. d. For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government agen cies include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the City, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.
e. Failure to comply with any part of th is Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.
f. Notice provided to the City shall be addressed to: Attention: Finance Director, 455 E.
Calaveras Blvd. Milpitas, CA 95035. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the noti ce requirements in this Section.
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8 [SIGNATURES ON FOLLOWING PAGE]
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9 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE
CITY OF MILPITAS AND INFOJINI INC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF MILPITAS
Approved By:
Steven G. McHarris, City Manager
Date
Approved As To Form:
Michael Mutalipassi, City Attorney
Approved:
Lauren Lai, CPA, MPA
Finance Director / Risk Manager
Approved As To Content:
Jeannine Seher, Human Resources
Director
INFOJINI INC
Signature
Name
Title
Date
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10 EXHIBIT A
Scope of Services
The scope of services described herein is the minimum necessary to meet the City’s objectives. The shall be able to provide some or all services as laid out below in this scope of services and provide personnel who are competent and capable of performing the necessary tasks generally associated with the job classification types specified in Exhibit B- City Job Classification Table.
The Contractor is expected to expand on the scope by incorporating their expertise and proposed method of approach.
SCOPE OF SERVICES
1. The scope of services by the Contractor shall include, but is not limited to:
a. Providing temporary staffing for administrative, clerical, and technical categories. b. The ability to provide a pool of personnel sufficient to meet the CITY’s temporary staffing needs with a minimum notice of forty-eight hours.
c. Comparing job requirements with worker qualifications and submitting resumes of temporary staff as requested.
d. Conducting background and reference checks, and drug screening of personnel, at no additional cost to the City.
e. Ensuring temporary staff have been vaccinated for COVID-19, annually or as otherwise required by the City.
f. Identifying prior CalPERS membership of all temporary staff to be assigned to the City to assist in ensuring the City adheres to CalPERS enrollment guidelines. If temporary staff has prior CalPERS membership, identify the number of hour previously worked in the fiscal year (July 1 - June 30). g. Administering and maintaining all employment and payroll records, payroll processing, and payment of payroll checks and taxes, including the deductions required by state, federal and local laws such as social security and withholding taxes for personnel employed by Contractor. h. Making all unemployment compensation contributions to Contractor’s employee(s) as required by federal and state law and process claims.
i. Covering all costs related to Consultant’s employee(s) responsibilities for workers' compensation coverage required by federal and state law and process claims.
j. Arranging for the CITY, if requested by CITY staff, to meet with the temporary staffing candidate, at the Contractor’s expense, for a period of up to one (1) hour. The City would like the option for the department to be able to interview an employee prior to placement to ensure a good fit. The Contractor agrees to compensate the employee for an hour of their time for this purpose. The one-hour therefore, is for the purposes of holding an interviewing, not a response time for the vendor to find the placement. k. If staff have inadequate performance or other performance or behavioral issues, Contractor must be able to provide for a replacement within 24 - 48 hours.
l. Contractor will allow City the option of converting temporary employees to permanent hires after 90 days of employment, at no cost to City.
m. Services will be initiated utilizing Exhibit E- Task Order Form. 224
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11 n. The City requires that billing be made for each requesting department designated on the Task Order Form.
Invoices will reflect the task order numbers being billed for each requesting department.
2. Provide Cost Proposal for temporary staffing services for a four (4) year contract period to perform the above mentioned services on an as-needed and intermittent basis. a. Identify Contractor’s classification or position titles that Contractor is able to fill to meet the City classification needs as identified in Exhibit B- City Job Classification Table. b. All expenses shall be included in the proposed hourly billing rate, and shall include the hourly wage paid to an assigned personnel and the Contractor’s overhead, but shall not include reimbursements for travel costs or travel time.
CONTRACTOR RESPONSIBILITIES
1. Work Order Process: Contractor will only accept work orders for temporary personnel from the designated City of Milpitas (COM) HR Department employee.
2. Minimum Qualification Review: Contractor must screen and test all personnel referred to COM for temporary assignments, pursuant to COM’s test criteria and pre-employment standards, before placement is made.
3. Recruitment Search, Advertising, Networking, Screening: Contractor will identify three to five candidates from their own network, within one business day of the request, to be interviewed by a COM hiring manager. Contractor will pay for any necessary advertising and marketing to procure finalists.
Contractor will ensure availability and interests of candidates, and review credentials of each applicant based on resume, referral sources, and telephone interviews. Contractor will require that all candidates complete a background check which includes education, work and criminal history and ensure that candidates are fingerprinted, at Contractor’s cost, prior to their start date with COM. The City will have the final say as to the suitability of the candidate with respect to their background clearance.
4. Final Reference Checks: Contractor will complete a detailed reference check of each of the finalist candidates. A minimum of three references must be checked for each finalist, one of which must have had a supervisory relationship to the employee.
5. Timecards: Contractor must submit timecards to COM on a weekly basis for approval. Contractor must provide computerized billings on a monthly basis. A copy of the approved timecards must be submitted with the monthly billing. Billing must specify employee name, hours worked and department.
6. Termination of Candidate’s Employment: : If COM experiences performance issues with the selected candidate and terminates the temporary employee, the Contractor will provide a replacement employee to COM, also at no additional charge.
7. Status Reports: Contractor will provide COM with status reports on a monthly (or other agreed upon) basis, in a format approved by COM. Status reports must include the date the request was made; the date of placement; length of placement; cost of placement; job title of placement; hourly billing rate paid; department where placement was made and the name of the requestor.
8. Optional Permanent Hiring of Temporary Employees: There shall be no restrictions on the City or penalties or fees imposed by the proposer, should a temporary employee be hired to City employment.
CITY RESPONSIBILITIES
The City will assign a Project Director, or designee who will coordinate City activities with the activities of the Contractor. All contracts within the City must be arranged through the Project Director, or designee. 225
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12 The City will provide access to position classification descriptions as found on the City website, as needed by the Proposer to determine the requirements for the position. Refer to Exhibit B- City Job Classification Table for the job classifications that are part of this solicitation.
The City will determine the hourly base pay rates for each placement.
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13 EXHIBIT B
Schedule of Charges/Payments
Contractor will invoice City on a monthly cycle. Contractor will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Contractor will inform City regarding any out - of-scope work being performed by Contractor. This is a time-and-materials Agreement.
All expenses are included in the proposed hourly billing rate, and shall include the hourly w age paid to an assigned personnel and the Contractor’s overhead, but shall not include reimbursements for travel costs or travel time.
Contractor’s hourly fee structure to be charged from the client includes a fixed fee which consist of the flat Markup fee and Candidate pay rate of the consultant from the client. Markup includes Fringe benefits, G&A and profit as follows:
Fringe Benefits, G&A and Overhead: Employer contributed Social Security, Medicare, SUTA, FUTA, Health Insurance and paid time off including Authority holidays and vacation, Accounting and payroll cost of HR, Project Manager, immigration sponsorship (if required), and employee engagement, any other benefits.
[CITY JOB CLASSIFCATION TABLE ON FOLLOWING PAGE]
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City of Milpitas
On – Call Temporary Personnel Services
RFP Number:22-044
Due Date 18th January 2022 Page 1
Use or disclosure of data contained on this sheet is subject to the restrictions on title page of this proposal
1 COST PROPOSAL
We have an hourly fee structure to be charged from the client. We have strong and proven track record to deliver best staffing resources to different federal, state and county agencies since 2006. We charge a fixed fee which consist of the flat Markup fee and pay rate of the consultant from the client.
Following is Infojini Inc.’s pricing structure to determine the total cost:
Fringe Benefits, G&A and Overhead: Employer contributed Social Security, Medicare, SUTA, FUTA, Health Insurance and paid time off including Authority holidays and vacation, Accounting and payroll cost of HR, Project Manager, immigration sponsorship (if required), and employee engagement, any other benefits.
Exhibit A: The City is looking for Contractor(s) who can, at a minimum, provide services comparable to a majority of the following City Classifications. Please check Ci ty’s website for full class descriptions. If Contractor does not have workers who can provide comparable services, please indicate with an N/A. For each of the years, please identify hourly rates for each Job Title.
Column #7 - Percent Increase - Should reflect the Total Percentage increase over the life of the contract (years 1 through 4).
Overtime rate will be 1 ½ times the hourly rate. Weekend and Holiday rate will be 2 times the hourly rate.
City Job Title
Contractor’s
Comparable
Job Title
Hourly
Rate
Year 1
Hourly
Rate
Year 2
Hourly
Rate
Year 3
Hourly
Rate Year
4 Percent Increase
in hourly rate
from Year 1 to
Year 4
Administrative
Analyst I
Administrative
Analyst I $ 45 $ 45.9 $ 46.82 $ 47.75 6% (2% each year)
Administrative
Analyst II
Administrative
Analyst II $ 55 $ 56.1 $ 57.22 $ 58.36
Administrative
Assistant
Administrative
Assistant $ 42 $ 42.8 $ 43.69 $ 44.57
Assistant Civil
Engineer
Assistant Civil
Engineer $ 65 $ 66.3 $ 67.62 $ 68.97
Associate
Engineer
Associate
Engineer $ 51 $ 52.02 $ 53.06 $ 54.121
Budget
Manager
Budget
Manager $ 83.95 $ 85.62 $ 87.34 $ 89.08
Building
Inspector
Building
Inspector $ 58 $ 59.16 $ 60.34 $ 61.55
Candidate Rate
(X)
Markup
(30%)
Total Cost
(X+30%of X)
Fringe
Benefits
G&A and
Overheads
Profit Markup
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RFP Number:22-044
Due Date 18th January 2022 Page 2
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Building Permit
Technician
Building
Permit
Technician
$ 35 $ 35.7 $ 36.41 $ 37.14
Buyer Buyer $ 50 $ 51 $ 52.02 $ 53.06
Customer
Services
Supervisor
Customer
Services
Supervisor
$ 60 $ 61.2 $ 62.41 $ 63.67
Engineering
Aide
Engineering
Aide $ 51.22 $ 52.24 $ 53.28 $ 54.35
Engineering
Permit
Technician
Engineering
Permit
Technician
$ 46.11 $ 47.03 $ 47.97 $ 48.93
Executive
Assistant
Executive
Assistant $ 45 $ 45.9 $ 46.81 $ 47.75
Finance
Manager
Finance
Manager $ 88.47 $ 90.23 $ 92.04 $ 93.88
Financial
Analyst I
Financial
Analyst I $ 53.77 $ 54.84 $ 55.94 $ 57.06
Financial
Analyst II
Financial
Analyst II $ 59.39 $ 60.57 $ 61.78 $ 63.02
Fire Inspector Fire Inspector $ 72 $ 73.44 $ 74.90 $ 76.40 Human
Resources
Analyst I
Human
Resources
Analyst I
$ 35 $ 35.7 $ 36.41 $ 37.14
Human
Resources
Analyst II
Human
Resources
Analyst II
$ 45 $ 45.9 $ 46.81 $ 47.75
Human
Resources
Assistant
Human
Resources
Assistant
$ 31 $ 31.62 $32.25 $ 32.89
Human
Resources
Technician
Human
Resources
Technician
$ 45.95 $ 46.86 $ 47.80 $ 48.76
Information
Services Analyst
Information
Services
Analyst
$ 72.94 $
74.39 $ 75.88 $ 77.40
Junior
Accountant
Junior
Accountant $ 45 $ 45.9 $ 46.81 $ 47.75
Junior Civil
Engineer
Junior Civil
Engineer $ 55 $ 56.1 $ 57.22 $ 58.36
Maintenance
Custodian I
Maintenance
Custodian I $ 31.39 $ 32.01 $ 32.65 $ 33.31
Maintenance
Custodian II
Maintenance
Custodian II $ 34.53 $ 35.22 $ 35.92 $ 36.64
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On – Call Temporary Personnel Services
RFP Number:22-044
Due Date 18th January 2022 Page 3
Use or disclosure of data contained on this sheet is subject to the restrictions on title page of this proposal
Maintenance
Worker I
Maintenance
Worker I $ 34.53 $ 35.22 $ 35.92 $ 36.64
Maintenance
Worker II
Maintenance
Worker II $ 37.98 $ 38.73 $ 39.51 $ 40.30
Meter Reader Meter Reader $ 29 $ 29.58 $ 30.17 $ 30.77
Office Assistant
I
Office
Assistant I $ 33.66 $ 34.33 $ 35.01 $ 35.72
Office Assistant
II
Office
Assistant II $ 37.03 $ 37.77 $ 66.77 $ 68.10
Office Specialist Office
Specialist $ 43.86 $ 44.73 $ 45.63 $ 46.54
Payroll
Specialist
Payroll
Specialist $ 35 $ 35.7 $ 36.41 $ 37.14
Plan Checker Plan Checker $ 64.64 $ 65.93 $ 67.25 $ 68.59 Principal
Engineer
Principal
Engineer $ 110 $ 112.2 $ 114.4 $ 116.73
Public Services
Assistant I
Public Services
Assistant I $ 38.71 $ 39.48 $ 40.27 $ 41.07
Public Services
Assistant II
Public Services
Assistant II $ 42.59 $
43.44 $ 44.31 $ 45.19
Purchasing
Agent
Purchasing
Agent $ 73.71 $
75.18 $
76.68 $ 78.22
Senior
Accountant
Senior
Accountant $ 66.85 $
68.18 $ 69.55 $ 70.94
Senior
Accounting
Technician
Senior
Accounting
Technician
$ 48.25 $
49.21 $ 50.19 $ 51.19
Senior
Administrative
Analyst
Senior
Administrative
Analyst
$ 45 $ 45.9 $ 46.81 $ 47.75
Senior HR
Analyst
Senior HR
Analyst $ 60 $ 61.2 $ 62.41 $ 63.67
Sr. Information
Analyst/Dev
Sr. Information
Analyst/Dev $ 95 $ 96.9 $ 98.83 $ 100.81
Sr. Project
Manager
Sr. Project
Manager $ 110 $ 112.2 $ 114.4 $ 116.73
Sr. Public
Services
Assistant
Sr. Public
Services
Assistant
$ 47.50 $
48.45 $
49.419 $ 50.40
Staff Assistant Staff Assistant $ 30 $ 30.6 $ 31.21 $ 31.83
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14 EXHIBIT C
Activity Schedule
[RESERVED]
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15 EXHIBIT D
INSURANCE REQUIREMENTS
Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor’s or Contractor’s Agreement.
Contractor or Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons o r damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor or Contractor, its agents, representatives, employees or subcontractors.
Contractor or Contractor shall p rovide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements.
Contractor or Contractor shall furnish City with copies of original endor sements affecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor’s or Contractor’s insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
Commercial General Liability (CGL):
___ Coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggr egate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
_X__ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
___ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $5,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
Automobile Liability:
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16 _X__ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), of if Contractor or Contractor has no owned autos, Code 8 (hired ) and 9 (non-owned), with limits no less than $1,000,000.00 combined single limit for bodily injury and property damage.
___ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), with limits no less than $5,000,000.00 combined single liit for bodily injury and property damage.
___ Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the Contractor or Contractor, regardless of where the vehicles are kept or driven.
Professional Liability (Errors and Omissions):
_X__ Insurance appropriates to the Contractor or Contractor’s profession, wit h limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.
___ (If Design/Build), with limits no less than $1,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate.
___ Insurance appropriates to the Contractor or Contractor’s profession, with limit no less than ______ per occurrence or claim, ______ aggregate
Workers’ Compensation Insurance:
_X__ Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (Not required if Contractor or Contractor provides written verification it has no employees)
The Employer’s Liability policy shall be endorsed to waive any right of subrogation as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees.
Builder’s Risk (Course of Construction):
___ Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater ma y be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.
Contractor’s or Contractor’s Pollution Legal Liability:
___ Contractor’s or Contractor’s pollution legal liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less th an $1,000,000.00 per occurrence or claim and $2,000,000.00 policy aggregate. 233
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17 If the Contractor or Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by t he Contractor or Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Cyber Liability Insurance
_X__ Cyber Liability Insurance with limits not less than $1,000,000 per claim.
Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor or Contractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage t o or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security.
The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.
Surety Bonds:
Contractor shall provide the following Surety Bonds:
____ Bid Bond
____ Performance Bond
____ Payment Bond
The Payment Bond and Performance Bond shall be i n a sum equal to the contract price. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Other Insurance Provisions:
The insurance policies are to contain, or be endorsed to contain the following provisions:
_X__ Additional Insured Status and Primary/Non-Contributory Language:
Contractor’s general liability and automobile liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed to add the City and its elected and appointed officials, officers, attorneys, agents employees and volunteers as additional insureds under such policies using Insurance Services Office form CG 20 10 (or equivalent) on the general liability policy.
For construction projects, an endorsement providing completed operations coverage for the additional insured on the general liability policy, ISO form CG 20 37 (or equivalent), is also required.
The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain 234
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18 a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City’s own insurance or self - insurance shall be called upon to protect it as a named insured.
___ Loss Payee Status – Builder’s Risk/Course of Construction Insurance (applicable to Construction Contracts only)
Contractor or Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.
_X__ Notice of Cancellation, Suspension or Otherwise Voiding Policies:
Each insurance policy required above shall contain or be endorsed to contain that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except with thirty (30) days’ prior written notice by certified mail, return receipt requested to the City.
_X__ Waiver of Subrogation:
Contractor or Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor or Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor or Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this p rovision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor or Contractor, its employees, agents and subcontractors.
___ Completed Operations
For Construction Agreements, Contractor shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a m inimum of five (5) years following the completion of this project. In the event Contractor fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Contractor.
THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS
Deductibles and Self-Insured Retentions (“SIR”):
Any deductibles or self -insured retentions must be declared to and approved by City. The City may require the Contractor or Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investiga tions, claim administration, and defense expenses within the retention. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees; or (2) the Contractor or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
All SIRs must be disclosed to Risk Management for approval and shall not reduce the limits of liability. 235
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19 Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City.
City reserves the right to obtain a full-certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Acceptability of Insurers:
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to City.
Claims Made Policies: (note - should be applicable only to professional liability, see below)
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor or Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead -based paint or asbestos identification/remediation, the Contractor’s Pollution Liability Policy shall not contain lead -based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contracto rs Pollution Liability Policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Subcontractors:
Contractor or Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
Subcontractor agrees to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other contract documents. Subcontractor further agrees to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any sub-subcontractor to the extent they apply to the scope of the sub -subcontractor’s work. A copy of the City indemnity and insurance provisions will be furnished to the subcontractor upon request.
Verification of Coverage:
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20 Contractor or Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor or Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
Failure to Comply:
Each insurance policy required above shall contain or be endorsed to contain that any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officials, officers, attorneys, agents, and employees.
Applicability of Coverage:
Each insurance policy required above shall contain or be endorsed to contain that the Contractor’s or Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
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21 Exhibit E
[TASK ORDER FORM ON FOLLOWING PAGE]
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Job Classification : ___________________________
Shift Days: ______________________ Shift Hours/Per Week: __________
Shift Hours: _____________________
Hourly Rate to be Billed to the City: $
TASK ORDER
The Contractor hereby agrees to perform the Services authorized herein in accordance with all the terms and conditions of the Contract. The Contractor shall furnish the necessary professional and technical personnel and materials required to complete this work.
Task Order No. __________ (HR to provide)
Contractor: _______________________ Requesting Department: ______________________
Term: Effective: / / and continue in effect through ___/____/_____
Funding Source
Fund: ______ Function: ______ Object Code: ______
Personnel: attach Resume
Approvals
Project Manager: Department Head:
Executed by:
City of Milpitas Contractor Name
Signature Date Signature Date
Printed Name & Title Printed Name & Title
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1 MASTER SERVICES AGREEMENT
BETWEEN THE
CITY OF MILPITAS AND CYNET SYSTEMS INC
This Agreement is made and entered into as of __________________ (“Effective Date”) by and between the City of Milpitas, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 455 E. Calaveras Boulevard, Milpitas, California 95035 (“City”), and Cynet Systems , Inc. a California corporation with its principal place of business at 21000 Atlantic Blvd. #700, Sterling, VA 20166 (hereinafter referred to as “ Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
On-Call Temporary Personnel Services
(hereinafter referred to as “the Project”).
B. Contractor submitted its qualifications to City to provide On-Call Temporary Personnel Services on an as-needed basis and is one of several Contractors selected by City to provide services C. Contractor is duly licensed and has the necessary qualifications to provide such services.
D. The Parties desire by this Agreement to establish the terms for City to retain Contractor to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Contractor shall provide the City with the services described in the Scope of Servi ces attached hereto as Exhibit A. City will notify Contractor when it needs services that it believes Contractor is qualified to provide. Nothing herein obligates City to notify Contractor about every temporary staffing need. City reserves the right to solicit the services described in Exhibit A from any provider or no provider at all.
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in acco rdance with the rates set forth in the Schedule of Charges set forth in Exhibit B. Each month, Contractor shall furnish to the City a statement of the work performed for compensation during the preceding month. All work is subject to City review and approval prior to payment.
b. In no event shall the total amount paid for services rendered by Contractor under this Agreement exceed the sum of Five Hundred Thousand Dollars and Zero Cents ($500,000.000). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses.
Periodic payments shall be made within thirty (30) days of receipt of an invoice which includes a detailed 240
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2 description of the work performed. Payments to Contractor for work performed will be made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Contractor or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Contractor with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred and services provided shall be maintained by Contractor and made available at all reasonable times during the Agreement term and for three (3) years from the date of final payment under the Agreement for inspection by City.
5. Term.
The term of this Agreement shall be from July 1, 2022 to June 30, 2026 , unless earlier terminated as provided herein. The City reserves the right to review the Contractor’s performance at the end of each year and cancel all or part of the Agreement.
6. Delays in Performance.
a. Neither City nor Contractor shall be considered i n default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Contractor shall assist the City, as requested, in obtaining and maintaining all permits required of Contractor by federal, state and local regulatory agencies. c. If applicable, Contractor is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
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3 8. Standard of Care
Contractor’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Sub-Contractor
Contractor shall not assign, sublet, transfer, or subcontract this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall cons titute grounds for termination.
10. Independent Contractor
Contractor is retained as an independent contractor and is not an employee of City . No employee or agent of Contractor shall become an employee of City, except as set forth in Exhibit A section 1.l.. The work to be performed shall be in accordance with the work desc ribed in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance. Contractor shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under Exhibit D (Insurance Requirements), attached hereto and incorporated herein by this reference . In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required therein.
12. Indemnification.
a. To the fullest extent permitted by law, Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injur y of any kind, in law or equity, to property or per sons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontra ctors, Contractors or agents in connection with the performance of the Contractor’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and oth er related costs and expens es. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, the City, its officials, officers, employees, agents, or volunteers.
b. If Contractor’s obligation to defend, indemnify, and/or hold ha rmless arises out of Contractor’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdictio n, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage 242
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4 Laws, and if the total compensation is One Thousand Dollars and Zero Cents ($1,000.00) or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage L aws. It shall be mandatory upon the Contractor and all sub-Contractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all sub- Contractors performing such services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any sub-Contractors, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requireme nts. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Rela tions against Contractor or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment o f undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all sub-Contractors and sub-Contractors to comply with the same.
15. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Santa Clara, State of California.
16. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Contractor. City shall pay Contractor the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Contractor of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof 243
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5 which are specified herein. Contractor shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Contractor may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Contractor. c. The Contractor understands and accepts that at all times; the Agreement is subject to appropriation of funds by the Milpitas City Council. The Agreement may terminate without penalty, liability or expense of any kind to the City at the end of Agreement term. The City has no obligation to make appropriations for the Agreement in lieu of appropriations for new or other contracts. City budget decisions are subject to the discretion of the Mayor and City Council. Contractor’s assumption of risk of possible non - appropriation is a part of the c onsideration for the Agreement. This section controls against any and all other provisions of the Agreement.
17. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
18. Organization
Contractor shall assign Arpit Paul as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
19. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
20. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 95035
Attn: Jeannine Seher, Human Resources
Director
CONTRACTOR:
Cynet Systems, Inc.
21000 Atlantic Blvd. #700
Sterling, VA 20166
Attn: Arpit Paul
and shall be effective upon receipt thereof.
21. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Contractor.
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6 22. Equal Opportunity Employment.
Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non -discrimination shall include, but not be limited t o, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Contractor as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to th ose matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
24. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.
25. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Contractor shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
27. Time of Essence
Time is of the essence for each and every provision of this Agreement.
28. City’s Right to Employ Other Contractors
City reserves its right to employ other Contractors, including engineers, in connection with this Project or other projects.
29. Prohibited Interests
Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the awar d or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, 245
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7 no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
30. Wage Theft Prevention
a. Contractor, and any sub-Contractor it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance.
b. BY SIGNING THIS AGREEMENT, CONTRACTOR AFFIRMS THAT IT HAS
DISCLOSED ANY FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN THE FIVE (5) YEARS PRIOR TO
EXECUTING THIS AGREEMENT THAT CONTRACTOR OR ITS SUB CONTRACTORS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONTRACTOR FURTHER AFFIRMS
THAT IT OR ITS SUB CONTRACTOR(S) HAS EITHER FULLY SATISFIED EACH JUDGMENT,
DECISION OR ORDER, OR, IF ANY JUDGMENT, DECISION OR ORDER HAS NOT BEEN FULLY
SATISFIED, CONTRACTOR AFFIRMS THAT IT OR ITS SUB CONTRACTOR(S) IS CURRENTLY
SATISFYING SAID JUDGMENT, DECISION OR ORDER THROUGH A PAYMENT OR ALTERNATIVE
PLAN APPROVED BY THE APPLICABLE COURT/GOVERNMENT AGENCY AND THAT
CONTRACTOR OR ITS SUBCONTRACTOR(S) ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS AGREEMENT.
c. If at any time during the term of this Agreement, a cour t or investigatory government agency issues a final judgment, decision or order finding that Contractor or a sub -Contractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or Contractor learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Contractor shall inform the City no more than fifteen (15) calendar days after the judgment, decision or order becomes final or from the date of learning of the final judgment, decision or order. Contractor or its sub-Contractor(s) shall, within thirty (30) calendar days after notifying the City, either (i) fully satisfy any such judgment, decision, or order and provide the City with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the City documentary evidence of a payment or other alternative plan approved by the court/government agency to satisfy the judgment, decision or order. If the Contractor or its sub-Contractor is subject to a payment or other alternative plan, the Contractor or its sub-Contractor shall continue to submit documentary evidence every thirty (30) calendar days during the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied. d. For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government agen cies include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the City, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.
e. Failure to comply with any part of th is Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.
f. Notice provided to the City shall be addressed to: Attention: Finance Director, 455 E.
Calaveras Blvd. Milpitas, CA 95035. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the noti ce requirements in this Section.
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8 [SIGNATURES ON FOLLOWING PAGE]
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9 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE
CITY OF MILPITAS AND CYNET SYSTEMS INC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF MILPITAS
Approved By:
Steven G. McHarris, City Manager
Date
Approved As To Form:
Michael Mutalipassi, City Attorney
Approved:
Lauren Lai, CPA, MPA
Finance Director / Risk Manager
Approved As To Content:
Jeannine Seher, Human Resources
Director
CYNET SYSTEMS INC
Signature
Name
Title
Date
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10 EXHIBIT A
Scope of Services
The scope of services described herein is the minimum necessary to meet the City’s objectives. The shall be able to provide some or all services as laid out below in this scope of services and provide personnel who are competent and capable of performing the necessary tasks generally associated with the job classification types specified in Exhibit B- City Job Classification Table.
The Contractor is expected to expand on the scope by incorporating their expertise and proposed method of approach.
SCOPE OF SERVICES
1. The scope of services by the Contractor shall include, but is not limited to:
a. Providing temporary staffing for administrative, clerical, and technical categories. b. The ability to provide a pool of personnel sufficient to meet the CITY’s temporary staffing needs with a minimum notice of forty-eight hours.
c. Comparing job requirements with worker qualifications and submitting resumes of temporary staff as requested.
d. Conducting background and reference checks, and drug screening of personnel, at no additional cost to the City.
e. Ensuring temporary staff have been vaccinated for COVID-19, annually or as otherwise required by the City.
f. Identifying prior CalPERS membership of all temporary staff to be assigned to the City to assist in ensuring the City adheres to CalPERS enrollment guidelines. If temporary staff has prior CalPERS membership, identify the number of hour previously worked in the fiscal year (July 1 - June 30). g. Administering and maintaining all employment and payroll records, payroll processing, and payment of payroll checks and taxes, including the deductions required by state, federal and local laws such as social security and withholding taxes for personnel employed by Contractor. h. Making all unemployment compensation contributions to Contractor’s employee(s) as required by federal and state law and process claims.
i. Covering all costs related to Consultant’s employee(s) responsibilities for workers' compensation coverage required by federal and state law and process claims.
j. Arranging for the CITY, if requested by CITY staff, to meet with the temporary staffing candidate, at the Contractor’s expense, for a period of up to one (1) hour. The City would like the option for the department to be able to interview an employee prior to placement to ensure a good fit. The Contractor agrees to compensate the employee for an hour of their time for this purpose. The one-hour therefore, is for the purposes of holding an interviewing, not a response time for the vendor to find the placement. k. If staff have inadequate performance or other performance or behavioral issues, Contractor must be able to provide for a replacement within 24 - 48 hours.
l. Contractor will allow City the option of converting temporary employees to permanent hires after 90 days of employment, at no cost to City.
m. Services will be initiated utilizing Exhibit E- Task Order Form. 249
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11 n. The City requires that billing be made for each requesting department designated on the Task Order Form.
Invoices will reflect the task order numbers being billed for each requesting department.
2. Provide Cost Proposal for temporary staffing services for a four (4) year contract period to perform the above mentioned services on an as-needed and intermittent basis. a. Identify Contractor’s classification or position titles that Contractor is able to fill to meet the City classification needs as identified in Exhibit B- City Job Classification Table. b. All expenses shall be included in the proposed hourly billing rate, and shall include the hourly wage paid to an assigned personnel and the Contractor’s overhead, but shall not include reimbursements for travel costs or travel time.
CONTRACTOR RESPONSIBILITIES
1. Work Order Process: Contractor will only accept work orders for temporary personnel from the designated City of Milpitas (COM) HR Department employee.
2. Minimum Qualification Review: Contractor must screen and test all personnel referred to COM for temporary assignments, pursuant to COM’s test criteria and pre-employment standards, before placement is made.
3. Recruitment Search, Advertising, Networking, Screening: Contractor will identify three to five candidates from their own network, within one business day of the request, to be interviewed by a COM hiring manager. Contractor will pay for any necessary advertising and marketing to procure finalists.
Contractor will ensure availability and interests of candidates, and review credentials of each applicant based on resume, referral sources, and telephone interviews. Contractor will require that all candidates complete a background check which includes education, work and criminal history and ensure that candidates are fingerprinted, at Contractor’s cost, prior to their start date with COM. The City will have the final say as to the suitability of the candidate with respect to their background clearance.
4. Final Reference Checks: Contractor will complete a detailed reference check of each of the finalist candidates. A minimum of three references must be checked for each finalist, one of which must have had a supervisory relationship to the employee.
5. Timecards: Contractor must submit timecards to COM on a weekly basis for approval. Contractor must provide computerized billings on a monthly basis. A copy of the approved timecards must be submitted with the monthly billing. Billing must specify employee name, hours worked and department.
6. Termination of Candidate’s Employment: : If COM experiences performance issues with the selected candidate and terminates the temporary employee, the Contractor will provide a replacement employee to COM, also at no additional charge.
7. Status Reports: Contractor will provide COM with status reports on a monthly (or other agreed upon) basis, in a format approved by COM. Status reports must include the date the request was made; the date of placement; length of placement; cost of placement; job title of placement; hourly billing rate paid; department where placement was made and the name of the requestor.
8. Optional Permanent Hiring of Temporary Employees: There shall be no restrictions on the City or penalties or fees imposed by the proposer, should a temporary employee be hired to City employment.
CITY RESPONSIBILITIES
The City will assign a Project Director, or designee who will coordinate City activities with the activities of the Contractor. All contracts within the City must be arranged through the Project Director, or designee. 250
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12 The City will provide access to position classification descriptions as found on the City website, as needed by the Proposer to determine the requirements for the position. Refer to Exhibit B- City Job Classification Table for the job classifications that are part of this solicitation.
The City will determine the hourly base pay rates for each placement.
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13 EXHIBIT B
Schedule of Charges/Payments
Contractor will invoice City on a monthly cycle. Contractor will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Contractor will inform City regarding any out - of-scope work being performed by Contractor. This is a time-and-materials Agreement.
All expenses are included in the proposed hourly billing rate and shall include the hourly wa ge paid to an assigned personnel and the Contractor’s overhead and additional costs.
[CITY JOB CLASSIFCATION TABLE ON FOLLOWING PAGE]
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City Job Title Contractor’s
Comparable Job Title
Hourly Rate
Year 1
Hourly Rate
Year 2
Hourly Rate
Year 3
Hourly Rate
Year 4
Percent Increase in
hourly rate from
Year 1 to Year 4
Administrative Analyst I N/A 50.16 50.66 51.17 51.68 1 % (each year) Administrative Analyst II N/A 55.44 55.99 56.55 57.12 1 % (each year) Administrative Assistant N/A 47.52 48.00 48.48 48.96 1 % (each year) Assistant Civil Engineer N/A 72.60 73.33 74.06 74.80 1 % (each year) Associate Engineer N/A 83.16 83.99 84.83 85.68 1 % (each year) Budget Manager N/A 69.96 70.66 71.37 72.08 1 % (each year) Building Inspector N/A 66.00 66.66 67.33 68.00 1 % (each year) Building Permit Technician N/A 50.16 50.66 51.17 51.68 1 % (each year) Buyer N/A 51.48 51.99 52.51 53.04 1 % (each year)
Customer Services Supervisor N/A 42.24 42.66 43.09 43.52 1 % (each year) Engineering Aide N/A 58.08 58.66 59.25 59.84 1 % (each year) Engineering Permit Technician N/A 52.80 53.33 53.86 54.40 1 % (each year) Executive Assistant N/A 60.72 61.33 61.94 62.56 1 % (each year) Finance Manager N/A 92.40 93.32 94.26 95.20 1 % (each year) Financial Analyst I N/A 58.08 58.66 59.25 59.84 1 % (each year) Financial Analyst II N/A 63.36 63.99 64.63 65.28 1 % (each year) Fire Inspector N/A 60.72 61.33 61.94 62.56 1 % (each year) Human Resources Analyst I N/A 62.04 62.66 63.29 63.92 1 % (each year) Human Resources Analyst II N/A 67.32 67.99 68.67 69.36 1 % (each year) Human Resources Assistant N/A 42.24 42.66 43.09 43.52 1 % (each year) Human Resources Technician N/A 50.16 50.66 51.17 51.68 1 % (each year) Exhibit A: The City is looking for Contractor(s) who can, at a minimum, provide services comparable to a majority of the following City Classifications. Please check City’s website for full class descriptions. If Contractor does not have workers who can provide comparable services, please indicate with an N/A. For each of the years, please identify hourly rates for each Job Title.
Column #7 - Percent Increase - Should reflect the Total Percentage increase over the life of the contract (years 1 through 4).
Overtime rate will be 1 ½ times the hourly rate. Weekend and Holiday rate will be 2 times the hourly rate. 253
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Information Services Analyst N/A 77.88 78.66 79.45 80.24 1 % (each year) Junior Accountant N/A 60.72 61.33 61.94 62.56 1 % (each year) Junior Civil Engineer N/A 66.00 66.66 67.33 68.00 1 % (each year) Maintenance Custodian I N/A 40.92 41.33 41.74 42.16 1 % (each year) Maintenance Custodian II N/A 43.56 44.00 44.44 44.88 1 % (each year) Maintenance Worker I N/A 43.56 44.00 44.44 44.88 1 % (each year) Maintenance Worker II N/A 50.16 50.66 51.17 51.68 1 % (each year) Meter Reader N/A 30.36 30.66 30.97 31.28 1 % (each year) Office Assistant I N/A 38.28 38.66 39.05 39.44 1 % (each year) Office Assistant II N/A 42.24 42.66 43.09 43.52 1 % (each year) Office Specialist N/A 47.52 48.00 48.48 48.96 1 % (each year) Payroll Specialist N/A 51.48 51.99 52.51 53.04 1 % (each year) Plan Checker N/A 68.64 69.33 70.02 70.72 1 % (each year) Principal Engineer N/A 92.40 93.32 94.26 95.20 1 % (each year) Public Services Assistant I N/A 43.56 44.00 44.44 44.88 1 % (each year) Public Services Assistant II N/A 47.52 48.00 48.48 48.96 1 % (each year) Purchasing Agent N/A 79.20 79.99 80.79 81.60 1 % (each year) Senior Accountant N/A 71.28 71.99 72.71 73.44 1 % (each year) Senior Accounting Technician N/A 50.16 50.66 51.17 51.68 1 % (each year) Senior Administrative Analyst N/A 72.60 73.33 74.06 74.80 1 % (each year) Senior HR Analyst N/A 68.64 69.33 70.02 70.72 1 % (each year) Sr. Information Analyst/Dev N/A 76.56 77.33 78.10 78.88 1 % (each year) Sr. Project Manager N/A 99.00 99.99 100.99 102.00 1 % (each year) Sr. Public Services Assistant N/A 52.80 53.33 53.86 54.40 1 % (each year) Staff Assistant N/A 22.44 22.66 22.89 23.12 1 % (each year) TOTAL (in figure) 2694.12 2721.06 2748.31 2775.76 1 % (each year) 254
Item # C10.
TOTAL ( in words) Two
Thousand Six
Hundred
Ninety-Four
and twelve
cents
Two
Thousand
Seven
Hundred
Twenty-One
and six cents
Two
Thousand
Seven
Hundred
Forty-Eight
and Thirty-
One cents
Two
Thousand
Seven
Hundred
Seventy-
Five and
Seventy-Six
cents
One percent each
year
Signature:
Name: Ashwani Mayur (Co-CEO & CFO)
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14 EXHIBIT C
Activity Schedule
[RESERVED]
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15 EXHIBIT D
INSURANCE REQUIREMENTS
Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor’s or Contractor’s Agreement.
Contractor or Contractor 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 the work hereunder and the results of that work by the Contractor or Contractor, its agents, representatives, employees or subcontractors.
Contractor or Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements.
Contractor or Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor’s or Contractor’s insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
Commercial General Liability (CGL):
___ Coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
_X__ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily in jury and personal and advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
___ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $5,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
Automobile Liability:
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16 _X__ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), of if Contractor or Contractor has no owned autos, Code 8 (hired) and 9 (non -owned), with limits no less than $1,000,000.00 combined single limit for bodily injury and property damage.
___ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), with limits no less than $5,000,000.00 combined single liit for bodily injury and property damage.
___ Garage keepers’ extra liability en dorsement to extend coverage to all vehicles in the care, custody and control of the Contractor or Contractor, regardless of where the vehicles are kept or driven.
Professional Liability (Errors and Omissions):
_X__ Insurance appropriates to the Contractor or Contractor’s profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.
___ (If Design/Build), with limits no less t han $1,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate.
___ Insurance appropriates to the Contractor or Contractor’s profession, with limit no less than ______ per occurrence or claim, ______ aggregate
Workers’ Compensation Insurance:
_X__ Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (Not required if Contractor or Contractor provides written verification it has no employees)
The Employer’s Liability policy shall be endorsed to waive any right of subrogation as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees.
Builder’s Risk (Course of Construction):
___ Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. If the project does not involve new or major reconstruction, at the option of the Ci ty, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, ins tallation, and testing at the City’s site.
Contractor’s or Contractor’s Pollution Legal Liability:
___ Contractor’s or Contractor’s pollution legal liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental h azards) with limits no less than $1,000,000.00 per occurrence or claim and $2,000,000.00 policy aggregate. 258
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17 If the Contractor or Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor or Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Cyber Liability Insurance
_X__ Cyber Liability Insurance with limits not less than $1,000,000 per claim.
Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor or Contractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of pr ivate information, alteration of electronic information, extortion, and network security.
The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.
Surety Bonds:
Contractor shall provide the following Surety Bonds:
____ Bid Bond
____ Performance Bond
____ Payment Bond
The Payment Bond and Performance Bond shall be in a sum equal to the contract price. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Other Insurance Provisions:
The insurance policies are to contain, or be endorsed to contain the following provisions:
_X__ Additional Insured Status and Primary/Non-Contributory Language:
Contractor’s general liability and automobile liability policies shall be primary and shall not seek contribution from the City’s coverage and be e ndorsed to add the City and its elected and appointed officials, officers, attorneys, agents employees and volunteers as additional insureds under such policies using Insurance Services Office form CG 20 10 (or equivalent) on the general liability policy.
For construction projects, an endorsement providing completed operations coverage for the additional insured on the general liability policy, ISO form CG 20 37 (or equivalent), is also required.
The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain 259
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18 a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City’s own insurance or self - insurance shall be called upon to protect it as a named insured.
___ Loss Payee Status – Builder’s Risk/Course of Construction Insurance (applicable to Construction Contracts only)
Contractor or Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.
_X__ Notice of Cancellation, Suspension or Otherwise Voiding Policies:
Each insurance policy required above shall contain or be endorsed to contain that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except with thirty (30) days’ prior written notice by certified mail, return receipt requested to the City.
_X__ Waiver of Subrogation:
Contractor or Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor or Contractor may acquire against the City by virtue of the payment of any loss under suc h insurance. Contractor or Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the i nsurer. The Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor or Contractor, its employees, agents and subcontractors.
___ Completed Operations
For Construction Agreements, Contractor shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following the completion of this project. In the event Contractor fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Contractor.
THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS
Deductibles and Self-Insured Retentions (“SIR”):
Any deductibles or self -insured retentions must be declared to and approved by City. The City may require the Contractor or Contractor to purchase coverage with a lower deductible or retention or provide proof of ability t o pay losses and related investigations, claim administration, and defense expenses within the retention. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its elec ted and appointed officials, officers, attorneys, agents, and employees; or (2) the Contractor or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
All SIRs must be disclosed to Risk Management for approval and shall not reduce the limits of liability. 260
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19 Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City.
City reserves the right to obtain a full-certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Acceptability of Insurers:
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to City.
Claims Made Policies: (note - should be applicable only to professional liability, see below)
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor or Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead -based paint or asbestos identification/remediation, the Contractor’s Pollution Liability Policy shall not contain lead -based paint or as bestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability Policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Subcontractors:
Contractor or Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
Subcontractor agrees to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other contract documents. Subcontractor further agrees to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any sub-subcontractor to the extent they apply to the scope of the sub -subcontractor’s work. A copy of the City indemnity and insurance provisions will be furnished to the subcontractor upon request.
Verification of Coverage:
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20 Contractor or Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor or Contractor’s obligation to provide them. The City reserves the righ t to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
Failure to Comply:
Each insurance policy required above shall contain or be endorsed to contain that any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officials, officers, attorneys, agents, and employees.
Applicability of Coverage:
Each insurance policy required above shall contain or be endorsed to co ntain that the Contractor’s or Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
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21 Exhibit E
[TASK ORDER FORM ON FOLLOWING PAGE]
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Job Classification : ___________________________
Shift Days: ______________________ Shift Hours/Per Week: __________
Shift Hours: _____________________
Hourly Rate to be Billed to the City: $
TASK ORDER
The Contractor hereby agrees to perform the Services authorized herein in accordance with all the terms and conditions of the Contract. The Contractor shall furnish the necessary professional and technical personnel and materials required to complete this work.
Task Order No. __________ (HR to provide)
Contractor: _______________________ Requesting Department: ______________________
Term: Effective: / / and continue in effect through ___/____/_____
Funding Source
Fund: ______ Function: ______ Object Code: ______
Personnel: attach Resume
Approvals
Project Manager: Department Head:
Executed by:
City of Milpitas Contractor Name
Signature Date Signature Date
Printed Name & Title Printed Name & Title
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Item # C10.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Receive an Update on the Emergency Replacement of Two (2) Boilers and Install of a Temporary Heating System for the Public Works, Information Technology, and Police Department Building and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Tony Ndah, Public Works Director, 408-586- 2602)
Category: Consent Calendar-Community Services and Sustainable Infrastructure
Meeting Date: 6/21/2022
Recommendation: Receive an update on the emergency replacement of two boilers and the installation of a temporary heating system for the Public Works, Police and Information Technology Department buildings; and (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.
Background:
Pursuant to Public Contract Code section 22050 and Council Resolution No. 9134, the Director of Public Works, in the case of emergency, may authorize a repair of a public facility and procure the work without giving notice for bids to let contracts. An emergency is defined as “a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.” Additionally, State law requires the Public Works Director, as the City official with delegated authority to take emergency action, to report any emergency authorization and the reason(s) for the authorization to the City Council not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action. Further, the Public Works Director is required to report why the emergency would not permit a delay resulting from a competitive solicitation for bids and the City Council is required to review the emergency action at every regularly scheduled meeting thereafter until the emergency repair is completed. The City Council shall continue to review the emergency action at every regularly scheduled meeting thereafter until the action is terminated. At each review, the City Council shall determine, by a four-fifths vote, whether there is a need to continue the action.
Consistent with applicable State law and Council Resolution, on April 1, 2022, the Public Works Director authorized the City to contract with its existing HVAC maintenance contractor, Environmental Systems Inc. (ESI), for the replacement of two (2) boilers and the installation of a temporary heating system for the Public Works, Information Technology and Police Department buildings.
At the June 7, 2022 City Council meeting, the City Council received an update regarding the emergency replacement of two (2) boilers and the installation of a temporary heating system for the Public Works, Information Technology and Police Department buildings and determined that the condition continues to constitute an emergency.
Analysis:
The install of the temporary heating system was completed on Friday, April 15, and is currently operational providing heat to the building. Due to supply chain delays, the two (2) new boilers, which were ordered, are expected to arrive in mid-July 2022 versus mid-June, as previously reported.
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Staff is recommending that the City Council determine, by a four-fifths vote, that there is a need to continue the emergency action declared by the Public Works Director. Staff will return to City Council with an update at every regularly scheduled City Council meeting until the emergency action is terminated.
Fiscal Impact:
The estimated repair and temporary heating installation cost of $208,968 will be paid from the Unanticipated Expenditure Reserve.
California Environmental Quality Act:
The emergency repair work is exempt from CEQA, per CEQA Guidelines Section 15301, Existing Facilities and 15302, Replacement or Reconstruction.
Recommendations:
1. Receive an update on the emergency replacement of two (2) boilers and the installation of a temporary heating system for the Public Works, Police and Information Technology Department buildings.
2. Determine by a four-fifths vote that the condition continues to constitute an emergency.
Attachment:
N/A
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Item # C11.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Amended and Restated Weed Abatement Agreement Between City of Milpitas and the County of Santa Clara Consumer and Environmental Protection Agency - Weed Abatement Program (Staff Contact: Arthur Belton / Albert Zamora, Deputy Fire Chief / Fire Marshal, 408-586-3378 / 3371)
Category: Consent Calendar-Public Safety
Meeting Date: 6/21/2022
Recommendation: Approve and authorize the City Manager to execute and sign the Amended and Restated Weed Abatement Agreement Between City of Milpitas and the County of Santa Clara Consumer and Environmental Protection Agency - Weed Abatement Program.
Background:
On February 2, 1976, both the City of Milpitas and the County of Santa Clara Consumer and Environmental Protection Agency - Weed Abatement Program entered into an Agreement for the County to abate weeds for the City of Milpitas. The purpose of the Agreement is to promote the efficiency and economy of operations in the abatement of weeds by the City and the County.
The major procedural functions to be performed by the County and / or City shall include but not limited to:
1. The County shall prepare the list of parcels requiring abatement of weeds in the City and transmit the said list to the City for review and approval for processing.
2. The County shall prepare the notice of weed abatement and cause such notice to be mailed to the owners of the parcels requiring weed abatement.
3. The City Council shall conduct public hearings on the proposed removal of weeds pursuant to the provisions of the City Ordinance when the City Fire Marshal presents such appropriate resolutions for adoption. The City Council may by resolution declare the weeds on the respective parcels of the land as nuisance, and make the determination to proceed with the abatement of weeds, and authorize the performance of the service to remove the weeds in accordance with the aforementioned Agreement.
4. Upon proper authorization by the City, the County shall remove the weeds on the designated properties.
5. The County shall render to the City an itemized assessment report for the cost of the weed abatement services performed per the respective parcels.
6. The City Council, after a public hearing, shall require the County Assessor’s Office to include the costs of the weed abatement services performed for the City for the current year, as a special assessment on bills for taxes levied against the affected parcels. Such special assessments shall be liens on the respective properties.
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Item # C12.
7. Pursuant to California Health and Safety Code 14915, a copy of the report, as confirmed, shall be turned over to the auditor of the county, on or before the tenth day of August following such confirmation, and the auditor shall enter the amounts of the assessments against the respective parcels of land as they appear on the current assessment roll, (Amended by Stats. 1939, Ch. 354).
Analysis:
The initial Weed Abatement Agreement between the City of Milpitas and the County of Santa Clara Consumer and Environmental Protection Agency - Weed Abatement Program was first established on February 2, 1976.
Since then there have been six subsequent amendments to the original Agreement; February 15, 1983, January 14, 1996, August 18, 1998, August 17, 1999, January 12, 2001, and December 21, 2011. The intent of the Amended and Restated Agreement is to in part modernize and provide consistency with current County standards. The key changes within this Agreement are as follows:
1. Added a scope of work performance schedule.
2. Expanded the statement of cost to include all amendments.
3. Integrated Liability into the Indemnification Section to protect the City and County.
4. Added language for the County to maintain job records covering the costs of services performed under this Agreement for a minimum of three (3) years.
5. Sections 10 through 22 were all added to be consistent with the County’s contract policies and procedures.
Jurisdictional Oversight:
The City of Milpitas is the Authority Having Jurisdiction (AHJ) relative to the enforcement and abatement of overgrown vegetation and weeds throughout the city limits, both public and private, except for the following agencies:
1. California Department of Transportation – On / Off ramps, certain areas under joint contractual agreements between City of Milpitas Public Works Department and Cal-Trans, embankments, and right of ways along the 880 and 680 Freeways.
2. Santa Clara Valley Water District – All creeks and associated tributary waterways.
3. San Jose Roads and Airports – Medium strip along Montague Expressway after the Freeway 680 Overpass (heading east bound) to Dempsey Rd.
Fiscal Impact:
At the first City Council meeting in August of each year during a public hearing, the City’s municipal code provides that the City Council hear the assessment report for the list of properties where the weeds were abated within the City, together with any objections of the property owners liable to be assessed, and to make such modifications on the proposed assessment as it deems necessary. Following the adoption by the City Council, the resolution will be recorded, and the changes thereon become a lien on the land involved to be collected in the same manner as property taxes. The County typically adjust their fees annually to ensure that they will recover all costs from the property owners within the weed abatement program. However, when the County’s costs are not covered, cost recovery in accordance with Section 7C of the Agreement may be applied.
California Environmental Quality Act:
This project is exempt from CEQA.
Recommendations:
Approve and authorize the City Manager to execute and sign the Amended and Restated Weed Abatement Agreement Between City of Milpitas and the County of Santa Clara Consumer and Environmental Protection Agency - Weed Abatement Program.
Attachment:
1. Amended and Restated Weed Abatement Agreement Between City of Milpitas and the County of Santa Clara Consumer and Environmental Protection Agency - Weed Abatement Program. 268
Item # C12.
1 AMENDED AND RESTATED AGREEMENT BETWEEN
THE COUNTY OF SANTA CLARA AND THE CITY OF
MILPITAS FOR WEED ABATEMENT SERVICES
THIS AGREEMENT for the Abatement of Weeds by County of Santa Clara for the City of Milpitas (“AGREEMENT”) is made and entered into by and among the County of Santa Clara, a political subdivision of the State of California (“COUNTY”), and the City of Milpitas (“CITY”), a municipal corporation, effective this June 21, 2022 (“EFFECTIVE DATE”). COUNTY and CITY may be collectively referred to herein as the “PARTIES” and individually as a “PARTY,” unless specifically identified otherwise.
RECITALS
WHEREAS, pursuant to California Government Code Sections 39501 et seq., the CITY has the authority to require and provide for the abatement of hazardous weeds on properties within its jurisdiction either by ordinance or pursuant to the procedures set forth in Article 2 of Chapter 13, Division 3 of Title 4 of the Government Code (commencing with Section 39560); and
WHEREAS, the CITY has duly established under Title V, Chapter 202 of the Milpitas Municipal Code a program to abate as a public nuisance hazardous weeds and brush situated on properties in the CITY; and
WHEREAS, under provisions of the California Health and Safety Code and its ordinances, the County also has duly established a program to enforce the abatement of hazardous weeds; and
WHEREAS, for reasons of efficiency, economy of operations and resources, and the mutual benefit of both parties, the CITY and the COUNTY desire the COUNTY to provide weed abatement services on properties in the CITY and to assist the CITY in administering certain parts of the CITY’S weed abatement program under Title V, Chapter 202 of the Milpitas Municipal Code, all in accordance with the terms and provisions set forth in this AGREEMENT; and
WHEREAS, the CITY may contract with COUNTY pursuant to Government Code section 51300 et seq. for the County’s performance of specified City functions; and
WHEREAS, the CITY and COUNTY entered into an “Agreement for the Abatement of Weeds by County of Santa Clara for the City of Milpitas” on February 2, 1976, as subsequently amended, which provided for the abatement of weeds by the COUNTY on behalf of the CITY; and
WHEREAS, the CITY and COUNTY desire to enter into an amended and restated AGREEMENT for the abatement of weeds to provide for the COUNTY to fully recover its service costs in administering the CITY’s weed abatement program and to make other clarifying changes.
NOW, THEREFORE, in consideration of their mutual promises, covenants, and agreements set forth in this AGREEMENT, the PARTIES hereby agree as follows:
SECTION 1. PURPOSE.
The purpose of this AGREEMENT is to promote efficiency and economy of operations and resources in the abatement of weeds in the CITY and COUNTY. To achieve this end, the CITY hereby delegates to the COUNTY and the COUNTY hereby accepts the responsibility of abating weeds on properties in the 269
Item # C12.
2 CITY and administering the CITY’s weed abatement program, set forth in Title V, Chapter 202 of the Milpitas Municipal Code (“PROGRAM”), subject to and in accordance with this AGREEMENT.
SECTION 2. TERM.
This AGREEMENT shall become effective as of the EFFECTIVE DATE and shall continue until the governing body of the CITY or the COUNTY exercises the right to terminate this AGREEMENT pursuant to SECTION 18 of this AGREEMENT. This AGREEMENT supersedes and replaces the previous “Agreement for the Abatement of Weeds by County of Santa Clara for the City of Milpitas” and any and all subsequent amendments thereto.
SECTION 3. SCOPE OF SERVICES; PERFORMANCE SCHEDULE.
A. The COUNTY shall perform weed abatement services on properties located in the CITY and administer the PROGRAM (collectively, the “SERVICES”) in accordance with all applicable laws, rules, and regulations, including Title V, Chapter 202 of the Milpitas Municipal Code, and the provisions of this AGREEMENT, as they may be amended from time to time.
B. The COUNTY shall perform these SERVICES in accordance with the schedule set forth in EXHIBIT “A,” entitled SCHEDULE OF PERFORMANCE,” attached hereto and incorporated herein by this reference, except that SERVICES on properties owned by the CITY shall be performed only upon written request by the CITY.
C. The COUNTY shall attend all meetings of the CITY Council or meetings of other CITY committees, boards or hearing bodies at which weed abatement SERVICES, refunds of weed abatement charges, or other issues related to the SERVICES or this AGREEMENT are discussed, when the COUNTY’s attendance is requested by the CITY.
D. Upon request by the CITY, the COUNTY shall provide to the CITY for its review and comment the COUNTY’s specifications and qualifications for contractors or other agents of the COUNTY obtained or hired by the COUNTY to perform weed abatement SERVICES on behalf of the COUNTY on properties located in the CITY.
SECTION 4. NOTICES.
The COUNTY shall prepare copies of all notices required in connection with the SERVICES and cause such notices to be posted, published, mailed, and/or distributed as required by applicable law. The COUNTY shall provide copies of such notices to the CITY for prior review and approval as set forth on EXHIBIT A, entitled “SCHEDULE OF PERFORMANCE,” or where not provided for in the SCHEDULE OF PERFORMANCE, at least thirty (30) days prior to the date that the COUNTY desires or is required to post, publish, mail, or otherwise distribute the material.
SECTION 5. HEARINGS.
The CITY Council, or the committee, board, or other hearing body designated by the CITY Council to conduct hearings in connection with the PROGRAM, retains the responsibility to conduct public hearings and adopt appropriate resolutions and orders in accordance with Title V, Chapter 202 of the Milpitas Municipal Code and this AGREEMENT, including its EXHIBIT A, “SCHEDULE OF PERFORMANCE.”
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3 SECTION 6. STATEMENT OF COSTS.
A. In December of each calendar year, the COUNTY shall deliver to the CITY a schedule of all reasonable and necessary fees and costs approved and adopted by the COUNTY Board of Supervisors for administrative, enforcement, and abatement services to be provided under this AGREEMENT (“FEE SCHEDULE”). Such fees and costs shall not exceed the reasonable costs of providing such services. All fees and costs in said FEE SCHEDULE shall be recoverable by the COUNTY pursuant to this SECTION and SECTION 7 of this AGREEMENT unless within sixty (60) days of the COUNTY’s delivery of said schedule to the CITY, the City Council of the CITY expressly declines to accept any fee or cost in said FEE SCHEDULE. In the event the City Council does decline to accept any fee or cost in said FEE SCHEDULE, the COUNTY shall be relieved of any and all obligations to provide any SERVICES under this AGREEMENT for the weed abatement season associated with the disapproved fee or cost.
B. At least ten (10) days prior to the date of the public hearing before the CITY regarding the placement of special assessment liens on properties for weed abatement charges, which meeting usually occurs before August 10 of each year, the COUNTY shall render to the CITY a report of weed abatement SERVICES performed by the COUNTY on properties within the CITY during the preceding twelve (12) months (“REPORT”). The REPORT shall include, without limitation, all of the following information:
1. The total number of weed abatements performed in the CITY;
2. The total number of properties upon which weed abatements were performed in the CITY;
3. A statement of all the costs and expenses incurred by or on behalf of the COUNTY for weed abatement SERVICES performed on properties located in the CITY, itemized with the aggregate administrative, enforcement, and abatement expenses and costs incurred by the COUNTY on each property, which shall be in accord with the fees and costs in the FEE SCHEDULE submitted by the COUNTY to the CITY pursuant to Section 6.A of this AGREEMENT;
4. A description of all the properties in the CITY, by address and Assessor’s Parcel Number, on which weed abatement SERVICES were performed; and
5. Verification of the truthfulness, accuracy, and completeness of the REPORT, executed by the COUNTY employee charged with the supervision of the SERVICES.
SECTION 7. PAYMENT FOR SERVICES.
A. Except as provided in SECTIONS 7.B and 7.C, the COUNTY shall be reimbursed for SERVICES provided under this AGREEMENT by remittances from property owners for weed abatement and related costs and expenses for SERVICES performed on their respective lots and parcels of land. The CITY, after hearing, shall require the costs and expenses of SERVICES performed for the current year to be entered as a special assessment on bills for taxes levied against the respective lots and parcels of land. Such special assessments shall be liens on the respective properties until paid to the COUNTY.
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4 B. Within 60 days of receipt of an invoice for costs and expenses incurred on CITY-owned parcels, the CITY shall reimburse the COUNTY for the costs of such SERVICES. Charges for SERVICES on parcels owned by the CITY shall equal the cost of SERVICES performed by the weed abatement contractor on the CITY-owned parcels plus 20% of said contractor service costs.
C. If the amounts submitted for collection from property owners in Santa Clara County for provision of weed abatement services by the COUNTY are inadequate to reimburse the COUNTY for its fixed costs administering countywide services during the preceding twelve (12) months, the COUNTY may make a demand to the CITY for its proportional share of the shortfall (less amounts offset by accrued program revenues) by September 1 of each year. The CITY agrees to pay the COUNTY for the CITY’s proportional share of any such shortfall within sixty (60) days of demand by the COUNTY.
The CITY’S proportional share shall be calculated based on the percentage of parcels on which weed abatement services were performed which are located in the CITY as compared to the total number of parcels on which weed abatement services are provided. (For example, for Fiscal Year 2022, the CITY'S parcels constitute 2.5% of the total parcels. This would result in an estimated maximum share of shortfall contribution by the CITY of $16,874.73 for Fiscal year 2022.) . The COUNTY’s demand for payment under this SECTION 7.C. shall be accompanied by a statement of the total shortfall in the COUNTY’s reimbursement for fixed program costs for the preceding twelve (12) months and of any accrued program revenues available to offset the shortfall, as well as a statement of the CITY’s proportional share of that shortfall (minus offsets by accrued program revenues).
D. Except as provided in SECTIONS 7.B and 7.C., the CITY has and assumes no liability for the payment of salary, wages, benefits, pensions, compensation or any other amounts to officers, agents, employees or contractors of COUNTY performing SERVICES hereunder.
SECTION 8. INDEMNIFICATION.
In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the PARTIES pursuant to Government Code Section 895.6, the PARTIES agree that all losses or liabilities incurred by PARTY shall not be shared pro rata but, instead, COUNTY and CITY agree that, pursuant to Government Code Section 895.4, each of the PARTIES hereto shall fully indemnify and hold each of the other PARTIES, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying PARTY, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this AGREEMENT. No PARTY, nor any officer, board member or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other PARTIES hereto, their officers, board members, employees, or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other PARTIES under this AGREEMENT.
SECTION 9. RECORDS.
Each officer or department of the COUNTY performing any SERVICES pursuant to this AGREEMENT shall keep itemized and detailed work or job records covering the costs of services performed under this AGREEMENT. COUNTY shall maintain these records for a minimum period of three (3) years, or for any longer period required by law, following the performance of any SERVICES.
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5 SECTION 10. ENTIRE AGREEMENT.
This AGREEMENT and its Appendices (if any) constitutes the final, complete and exclusive statement of the terms of the agreement between the PARTIES. It incorporates and supersedes all the agreements, covenants and understandings between the PARTIES concerning the subject matter hereof, and all such agreements, covenants and understandings have been merged into this AGREEMENT. No prior or contemporaneous agreement or understanding, verbal or otherwise, of the PARTIES or their agents shall be valid or enforceable unless embodied in this AGREEMENT.
SECTION 11. AMENDMENTS.
This AGREEMENT may only be amended by a written instrument signed by the PARTIES.
SECTION 12. GOVERNING LAW, VENUE.
This AGREEMENT has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this AGREEMENT shall be in the County of Santa Clara.
SECTION 13. ASSIGNMENT.
No assignment of this AGREEMENT or of the rights and obligations hereunder shall be valid without the prior written consent of the other PARTY.
SECTION 14. WAIVER.
No delay or failure to require performance of any provision of this AGREEMENT shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a PARTY shall be in writing and shall apply to the specific instance expressly stated.
SECTION 15. COMPLIANCE WITH LAWS.
COUNTY and CITY shall comply with all applicable Federal, State, and local laws, regulations, rules, and policies in the performance of services under this AGREEMENT.
SECTION 16. THIRD PARTY BENEFICIARIES.
This AGREEMENT does not, and is not intended to, confer any rights or remedies upon any person or entity other than the PARTIES.
SECTION 17. INDEPENDENT CONTRACTORS.
The COUNTY and the CITY agree that this AGREEMENT is by and between independent contractors.
This AGREEMENT is not intended, nor shall it be construed, to create a relationship of agent, servant, employee, partnership, joint venture, or association between the COUNTY and the CITY.
SECTION 18. TERMINATION
A. The COUNTY or the CITY may terminate this AGREEMENT as of the first day of September of any year by giving notice to the other PARTY not less than thirty (30) days prior to the date of termination.
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6 B. The [City Manager], or his or her delegatee or designee, is authorized to terminate this AGREEMENT on behalf of the CITY.
C. The COUNTY’s Agricultural Commissioner, or his or her delegatee or designee, is authorized to terminate this AGREEMENT on behalf of the COUNTY.
SECTION 19. NOTICES
Except as otherwise stated, any notice required or permitted by this AGREEMENT will be in writing and delivered as follows with notice deemed given as indicated: (a) by personal delivery when delivered personally; (b) by overnight courier upon written verification of delivery; (c) by email, telecopy, or facsimile transmission upon acknowledgment of receipt of electronic transmission; or (d) by certified or registered mail, upon confirmation of delivery. The PARTIES may deliver notice as follows:
TO COUNTY:
County of Santa Clara Consumer and Environmental Protection Agency 1553 Berger Drive #200, San Jose, CA 95112
Fax: 408-286-2460
Email: [email protected]
Attn: Weed Abatement Manager
TO CITY:
City of Milpitas
455 E. Calaveras Blvd.
Milpitas, CA 95035
Email: [email protected]
Attn: City Manager
SECTION 20. INTERPRETATION.
The captions preceding the sections of this AGREEMENT have been inserted for convenience of reference only and such captions shall in no way define or limit the scope or intent of any provision of this AGREEMENT. This Agreement has been negotiated at arm’s length and between parties sophisticated and knowledgeable in the matters contained herein. This AGREEMENT shall be interpreted to achieve the intents and purposes of the PARTIES, without any presumption against the PARTY responsible for drafting any part of this AGREEMENT. Provisions in this AGREEMENT relating to number of days shall be calendar days, unless otherwise specified, provided that if the last day of any period to give notice, reply to a notice or to undertake any other action occurs on a Saturday, Sunday or a bank or COUNTY holiday, then the last day for undertaking the action or giving or replying to the notice shall be the next succeeding business day. The Recitals are incorporated and made a part of this AGREEMENT.
SECTION 21. COUNTERPARTS.
This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.
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7 //
//
SECTION 22. CONTRACT EXECUTION
Unless otherwise prohibited by law or COUNTY policy, the PARTIES agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the COUNTY.
THE PARTIES TO THIS AGREEMENT hereby indicate their acknowledgement and acceptance of the terms and conditions stated herein as evidenced by the following signatures of their duly authorized representatives.
COUNTY OF SANTA CLARA CITY OF MILPITAS
Jeffrey V. Smith
County Executive
Dated: _______________________________
Steve McHarris
City Manager
Dated: ______________________________
APPROVED AS TO FORM AND LEGALITY: APPROVED AS TO FORM AND LEGALITY:
________________________________________
Willie Nguyen Michael Mutalipassi, City Attorney Deputy County Counsel
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Item # C12.
8 EXHIBIT “A”
SCHEDULE OF PERFORMANCE
The COUNTY shall perform the SERVICES as follows:
On or before November 15 of each year: The County shall request a resolution from the CITY declaring that certain weeds located on
properties in the CITY constitute a public nuisance
and setting a date for a public hearing.
Before the date of the CITY governing body
meeting declaring weeds a nuisance subject to
abatement:
The COUNTY shall provide to the CITY for
review and processing by the CITY a complete
Master List of properties, including Assessor’s
Parcel Numbers, located in the CITY upon which
hazardous weeds are growing or are likely to grow.
No later than ten (10) days prior to the day of the
CITY hearing on objections to the notices to
destroy weeds:
The COUNTY shall post notices to destroy weeds
at property or mail notices to destroy weeds to
property owners regarding the CITY hearing, as
directed by resolution of the CITY Council.
No later than ten (10) days prior to the day of the
CITY hearing on objections to the notices to
destroy weeds:
The COUNTY shall deliver to the CITY a FEE
SCHEDULE listing all reasonable and necessary
fees and costs approved and adopted by the
COUNTY Board of Supervisors for administrative,
enforcement, and abatement services to be
provided under this AGREEMENT in accordance
with SECTION 6.A of this AGREEMENT.
The CITY Council shall hold a public hearing to
hear objections to and the notices to destroy weeds.
By resolution at the conclusion of the hearing, the
CITY Council shall allow or overrule any or all
objections to the proposed abatement of weeds.
After adoption of CITY resolution ordering the
abatement of weeds on certain properties as
public nuisances:
The CITY shall proceed with weed abatement
work on properties located in the CITY in
accordance with the resolution adopted by the
CITY Council and this AGREEMENT.
At least ten (10) days prior to the date of the
public hearing before the CITY’s governing
body regarding the placement of special
assessment liens on properties for weed
abatement charges:
Pursuant to SECTION 6.B of this AGREEMENT,
the COUNTY shall provide to the CITY for review
and processing a complete and accurate REPORT
of costs and expenses incurred by or on behalf of
the COUNTY for weed abatement SERVICES
performed in the CITY during the preceding twelve
(12) months under this AGREEMENT.
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Item # C12.
9 On or before August 10 of each year:
The COUNTY shall obtain a resolution from the
CITY to confirm the REPORT and order the weed
abatement costs to be a special assessment against
the affected properties.
At least ten (10) days prior to the CITY meeting
to hear objections to the REPORT:
The CITY shall mail a notice to all property
owners identified in the REPORT, which provides
the date, time, and place of the CITY Council’s
hearing on the REPORT at which person may
appear and object to the REPORT.
Upon adoption of resolution by the CITY
Council confirming or amending REPORT and
ordering weed abatement costs become a special
assessment lien against the affected properties
and filing of REPORT with COUNTY Auditor:
The COUNTY shall enter each such assessment on
the COUNTY tax roll and cause such amounts to
be collected at the same time, and in the same
manner, as general CITY taxes are collected..
Upon request by CITY The COUNTY shall perform weed abatement SERVICES on CITY-owned lots and parcels.
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Item # C12.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve Delegation of Authority to the City Manager or Designee to Approve and Execute Project Related Documents and Urgent Administrative Items During the City Council Summer Recess, from the Last City Council Meeting Held in June through August 9, 2022 (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053) Category: Consent Calendar-Leadership and Support Services Meeting Date: 6/21/2022
Recommendation: Approve delegation of authority to the City Manager, or his designee, to approve and execute project related documents, including contract documents, and urgent administrative items during the City Council summer recess from the last City Council meeting held in June through August 9, 2022.
Background
The City Council has a scheduled recess between the last City Council meeting in June and August 9, 2022, during which no regular City Council meetings will take place. In order to ensure that critical services and projects continue and are completed on time, especially related to the COVID-19 pandemic, given the recent surges in test positivity rates and cases, it may be necessary to take action during Council recess. Therefore, it is requested that the City Council authorize the City Manager or his designee, to take appropriate action during the recess.
Analysis
Authorizing the City Manager or his designee to take appropriate actions, including signing contracts within City Council’s financial authority under the Municipal Code, will ensure that projects stay on schedule and that the City continues to provide vital services to the community. Deferring any actions until after the Council recess could potentially result in delayed responses to COVID-19, additional cost or delay to projects or services. A report summarizing any action taken by the City Manager or designee during the recess under this delegated authority will be presented to the City Council on August 16, 2022.
Policy Alternative
Alternative: Do not approve the requested delegation of authority
Pros: Retains Council approval authority
Cons: Will not enable timely action on urgent project and administrative needs to ensure continued provision of vital services to the community.
Reason for not Recommending: Will not allow timely action to ensure the continued delivery of services to the community and time sensitive actions on projects during the Council recess.
Fiscal Impact
Approval of any potential agreements or contracts are anticipated to be within the Council approved budget; therefore, there is no fiscal impact.
CEQA
Not Applicable
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Item # C13.
Recommendation
Delegate authority to the City Manager, or his designee, to approve and execute project related documents, including contract documents, and urgent administrative items during the City Council summer recess from the last City Council meeting held in June through August 9, 2022.
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Item # C13.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Receive the Monthly Report for Unhoused Services (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260)
Category: Consent Calendar-Community Development
Meeting Date: 6/21/2022
Recommendation: Receive the March 2022 report for unhoused services.
Background:
On November 10, 2020, the City Council approved and authorized staff to enter into an agreement for homeless outreach, assessment, and street-based case management services with Santa Clara County Office of Supportive Housing. On March 1, 2021, the County’s Homeless Engagement and Access Team (HEAT), via Abode Services, began conducting outreach to engage and provide resources to the City’s unhoused residents.
On December 1, 2020, the City Council directed staff to implement a six-month pilot mobile shower and laundry Dignity on Wheels program with WeHOPE. The nonprofit service provider, WeHOPE, began providing mobile shower and laundry services every Sunday starting March 21, 2021, on the site on Winsor Street, immediately south of the Milpitas Library. On September 7, 2021, the City Council directed staff to continue the mobile shower and laundry program for an additional 12 months.
This report reflects the March 2022 progress for unhoused services.
Analysis:
In March 2022, the HEAT Team continued to collaborate with City staff and County Office of Supportive Housing to conduct outreach throughout the City of Milpitas to engage and provide resources to the City’s unhoused residents. The HEAT Team provided basic needs items and transportation resources. The Team continued to foster rapport with unhoused residents to provide housing and employment resources, as well as to coordinate care with the Office of Supportive Housing. During the month of March, the HEAT Team enrolled 15 clients and completed 16 assessments. Adding to 125 clients enrolled and 129 clients assessed since services began in March 2021, this makes a total of 140 clients enrolled and 145 clients assessed. Since the HEAT Team has been conducting proactive outreach throughout Milpitas, they have been able to locate and connect with unhoused residents both at known and new locations. For the unhoused individuals that did not provide identifying information for the Team to enroll or assess, the Team provided basic needs items and community resources. See Attachment 2 for the HEAT Team March 2022 report.
During the month of March, WeHOPE provided four sessions to the unhoused community, providing a total of 74 showers and 14 loads of laundry, serving 41 unduplicated individuals. See Attachment 3 for the WeHOPE Dignity on Wheels March 2022 report.
In addition to working closely with the above service providers, City departments continued to collaborate in providing assistance to the unhoused residents. Referrals to the HEAT Team continue to be provided through the City’s referral process. This process has reduced internal messaging and maximized the HEAT Team’s ability to quickly respond to requests for assessments and to provide updates to City staff. For a summary of the various activities and services for Milpitas unhoused residents as described above, refer to Attachment 1 for the March 2022 report for unhoused services.
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Item # C14.
Fiscal Impact:
There is no fiscal impact to the City budget other than staff time related to this item.
California Environmental Quality Act:
The action being considered has no potential for causing a significant effect on the environment and is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).
Recommendation:
Receive the March 2022 report for unhoused services.
Attachments:
1. March 2022 report for unhoused services
2. March 2022 HEAT Team report
3. March 2022 WeHOPE Dignity on Wheels report
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Item # C14.
Date
Referred
1 Hillview Bridge Encampment Valley Water 1 3/25/2022 2/26/2021 1 3/25/2022 1 3/25/2022 2 Topaz Street 1 Encampment City N/A
3 Serra Center Encampment Private Property 3/26/2021
4 Ocean Supermarket Encampment or Outreach Private Property N/A 5 Dixon Road 1 Encampment City 3/25/2021
6 Dixon Road 2 RV Vehicles City 3/25/2021
7 Calaveras Blvd Overpass Encampment City 3/19/2021
8 Dempsey Road 1 Encampment City 3/25/2021
9 Sinclair Frontage Road Encampment Union Pacific Railroad 3/25/2021 10 Yosemite Business Park Encampment Private Property 3/25/2021 11 Gibraltar Court Trailers City 3/25/2021
12 Topaz Street 2 Encampment City 3/25/2021
13 Railroad Court Camp/Trailers City 1 3/28/2022 3/25/2021 1 3/28/2022 1 3/28/2022 14 Abel Plaza Encampment Private Property 3/25/2021
15 S. Main Street Encampment City 3/25/2021
16 S. Abbott Avenue Encampment City (if on street) or County (if on County property) 3/25/2021
17 W. Calaveras Blvd Encampment City 3/25/2021
18 Ethyl Court Camp/Cars City 3/25/2021
19 Hammond Way Cars/Trailers City 2 3/2, 3/28/2022 3/25/2021 2 3/2, 3/28/2022 2 3/2, 3/28/2022 20 Coyote Creek Trail 1 Encampment Valley Water 3/25/2021 21 Coyote Creek Trail 2 Encampment Valley Water 3/25/2021 22 Coyote Creek Trail 3 Encampment Valley Water 3/25/2021 23 Calaveras Plaza Shopping Center Outreach (contact made in non-encampment setting) N/A 4 3/8, 3/14, 3/25/2022 N/A 3 3/8, 3/14, 3/25/2022 4 3/8, 3/14, 3/25/2022 24 Dignity on Wheels Mobile Shower and Laundry Outreach (contact made in non-encampment setting) N/A N/A 25 Dixon Landing Shopping Center Outreach (contact made in non-encampment setting) N/A N/A 26 Great Mall Outreach (contact made in non-encampment setting) N/A 1 3/17/2022 N/A 1 3/17/2022 1 3/17/2022 27 Milpitas Library Outreach (contact made in non-encampment setting) N/A N/A 28 Main Street Outreach (contact made in non-encampment setting) N/A 1 3/29/2022 N/A 1 3/29/2022 1 3/29/2022 29 Other (Street, Panhandle, Vehicle Dweller, or Unidentified Location) Outreach (contact made in non-encampment setting) N/A N/A 30 Dempsey Road 2 Encampment Private Property N/A
31 Serra Center Outreach (contact made in non-encampment setting) N/A 1 3/11/2022 N/A 1 3/11/2022 1 3/11/2022 32 E. Calaveras Blvd Outreach (contact made in non-encampment setting) N/A N/A 33 Dempsey Road 3 Outreach (contact made in non-encampment setting) N/A N/A 34 Galaxy Court Outreach (contact made in non-encampment setting) N/A N/A 35 Ranch Drive Outreach (contact made in non-encampment setting) N/A 2 3/25/2022 N/A 2 3/25/2022 2 3/25/2022 36 Jacklin Rd Vehicle City N/A
37 Folsom Ct Outreach (contact made in non-encampment setting) N/A N/A 38 Other (near Extended Stay) Outreach (contact made in non-encampment setting) N/A N/A 39 S. Park Victoria Outreach (contact made in non-encampment setting) N/A 1 3/28/2022 N/A 1 3/28/2022 1 3/28/2022 40 O'Toole Elms Park Outreach (contact made in non-encampment setting) City N/A 41 America's Best Value Inn Outreach (contact made in non-encampment setting) Private Property N/A 42 Milpitas Sports Center Park Outreach (contact made in non-encampment setting) City N/A 43 Foothill Park Outreach (contact made in non-encampment setting) City N/A 44 Washington Road Vehicle City N/A
45 Burley Drive Vehicle City N/A
46 W. Calaveras Blvd Outreach (contact made in non-encampment setting) N/A 1 3/28/2022 1 3/28/2022 1 3/28/2022 47 Albert Augustine Jr. Memorial Park Outreach (contact made in non-encampment setting) N/A 1 3/25/2022 1 3/25/2022 1 3/25/2022 Total 16 15 16
Date CountedUnhoused
Count
MARCH 2022 REPORT FOR UNHOUSED SERVICES
Date
HousedJurisdictionOutreach Location Type NotesClients
Assessed Date Assessed Clients
Housed
Clients
Enrolled Date Enrolled
Session Location
Milpitas Library
WeHOPE Dignity on Wheels
Mobile Shower and Laundry
Service Dates Number of Sessions Total Unduplicated Individuals Served Showers Provided Loads of Laundry Provided 3/6/2022, 3/13/2022, 3/20/2022, 3/27/2022 4 41 74 14
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Santa Clara County Office of Supportive Housing
Abode Services
Milpitas HEAT Team
March 2022 Report
In March, Abode’s HEAT staff continued to render outreach services across the city of Milpitas in response to referrals received from the City of Milpitas and Milpitas PD. The team was successful in locating several transient unhoused individuals, including vehicle dwellers throughout various regions of the city and referring them into the community queue for housing.
Abode’s HEAT staff continued to monitor the welfare of existing participants and provided community resources, basic needs items, and weather appropriate clothing as needed. One actively enrolled participant was reassessed due to a change in circumstance that impacted that client’s vulnerability.
Abode’s HEAT staff continued to provide informational materials about waste disposal, safe parking, emergency shelters, and Dignity on Wheels to supplement engagement efforts. In addition, the team utilized motivational interviewing techniques when engaging with the unhoused to foster healthy life change in participants.
The team continued to coordinate care with the Office of Supportive Housing to support participants with obtaining necessary documentation for housing acquisition purposes, and addressing their mental health needs.
The following table reflects the number of outreach contacts, the total number of unhoused enrolled into the SCC HEAT program, as well as the number of VI-SPDAT assessments administered:
Milpitas HEAT Contact, Enrolled, Assessed Clients: March 2022 Outreach Location
Outreach
Contact Enrolled Assessments
Milpitas Outreach (Vehicle Dweller)- S
Main St. 1 1 1
03/29/2022 1 1 1
Milpitas Outreach (Vehicle Dweller) -S
Park Victoria 1 1 1
03/28/2022 1 1 1
Milpitas Outreach - W Calaveras Blvd 1 1 1
03/28/2022 1 1 1
Milpitas Outreach - Railroad 9 1 1 1
03/28/2022 1 1 1
Milpitas Outreach (Vehicle Dweller)-
Hillview Bridge 1 1 1
03/25/2022 1 1 1
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Milpitas Outreach (Vehicle Dweller) -
Albert Augustine Jr. Memorial Park 1 1 1
03/25/2022 1 1 1
Milpitas Outreach (Vehicle Dweller) –
Ranch Dr. 2 2 2
03/25/2022 2 2 2
Milpitas Outreach (Vehicle Dweller)- Great
Mall 1 1 1
03/17/2022 1 1 1
Milpitas Outreach- Calaveras Plaza
Shopping Center 4 3 4
03/25/2022 2 1 2
03/14/2022 1 1 1
03/08/2022 1 1 1
Milpitas Outreach-Serra Center 13 1 1 1
03/11/2022 1 1 1
Milpitas Outreach (Vehicle Dweller)-
Hammond 15 2 2 2
03/28/2022 1 1 1
03/02/2022 1 1 1
Grand Total 16 15 16
Milpitas Outreach= Contact made with client in non-
encampment setting
Milpitas Encampment= Contact made at a location
where a tent and/or other structures are used as
shelter
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Item # C14.
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Item # C14.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Accepting and Authorizing the City Manager to Execute the 5- Year Agreement Between Hiderliter De Llamas and Associates (HdL) and the City of Milpitas, and Approving and Authorizing a Sole Source Purchase for the Procurement of HdL Prime Business License Software with Web Module Services for a 5-Year Total Cost of Approximately $123,700. (Staff Contact: Lauren Lai, Finance Director, 408-586-3111)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 6/21/2022
Recommendation: Adopt a resolution accepting and authorizing the City Manager to execute the 5-Year Agreement Between Hiderliter De Llamas and Associates (HdL) and the City of Milpitas, and Approving and Authorizing a Sole Source Purchase for the Procurement of HdL Prime Business License Software with Web Module Services for a 5-Year Total Cost of Approximately $123,700.
BACKGROUND:
In 2017, the City modernized its business license software to upgrade to HdL Prime Business License Software with Web Module to offer the following enhanced services: online applications, online business registry with a searchable listing of licensed businesses in the City, online customer profiles which allows an owner with multiple businesses, or an individual responsible for reporting for multiple businesses, to keep track of the license status of all businesses from a central profile, and submit renewals for those businesses through a single process and payment transaction, and improve department approval process utilizing a centralized system and automated email notifications.
In addition, the system allows hotels/motels in the City to file and pay online the monthly Transient Occupancy Tax Report.
ANALYSIS:
On August 23, 2017, the City entered into an agreement with HdL Software LLC to provide upgraded business license software and services for the City of Milpitas. At the time, HdL was the current provider for business license software and chan ges to Payment Card Industry (“PCI”) requirements made upgrading to HdL Prime Business License Software with Web Module a requirement. Several amendments to enhance the system were entered such as additional licenses, City staff training, upgrade that creates a nightly data file sent to the City’s Information Technology Department for GIS location purposes, and software configuration and report development necessary to incorporate the City’s Police Alarm Permit process.
This is a 5-year renewal agreement for a total cost of $123,699.93, detailed cost breakdown per year as follows:
Year 1: $21,085.46
Year 2: $22,772.29
Year 3: $24,594.07
Year 4: $26,561.59
Year 5: $28,686.52
HdL is a Sole Source provider of business license software. Per Municode section; I-2-3.03 - Procurements where competitive methods are not practicable and I -2-3.06 - Sole Source Procurement authorizes that “A contract may be awarded without competition when the Purchasing Agent determines in writing, after conducting a good faith rev iew of available sources, that only one viable source exists for the required supplies, material, equipment, or general service, or that there is a compelling reason for using only one source. The Purchasing 287 Item # C15.
Agent shall conduct negotiations, as appropriate, as to price, delivery and terms. A written statement of the basis for the sole source determination and the period of the sole source approval shall be placed in the contract file.
HdL currently provides this software. Switching to a new provider at this junction would be costly, and interruptive for both, City operations and the business license holders and hotel operators who have learned the HdL system implemented since 2017.
Note: First year cost is actual. Subsequent years costs are projected with 8% increase annually but will be billed at actual CPI for All Urban Consumers, West Region, reported annually by the U.S. Bureau of Labor Statistics.
The CPI annual increase is limited to 2% minimum and 8% maximum.
POLICY ALTERNATIVE(S):
Alternative 1: Do Not Approve the 5-Year Renewal Agreement with HdL Software LLC
Pros: Cost savings by not authorizing the 5-year renewal agreement
Cons: Lose all the benefits of the enhancements made to the system for efficiencies and reduce customer service.
Reason for Not Recommending : HdL currently provides this software that is used by City departments and business operators. If we do not renew our software agreement with HdL or switch to a new provider, it would be costly and interruptive to the City and business operators, who have learned the HdL system implemented since 2017.
FISCAL IMPACT:
There are sufficient funds available in the FY2022 -2023 operating budget of the Information Technology Department to cover the cost. Funding for the remaining years of the agreement will be subject to annual appropriation.
California Environmental Quality Act (CEQA):
By the definition provided in the CEQA Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA as this action has no potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
RECOMMENDATION:
Adopt a resolution accepting and authorizing the City Manager to execute the 5 -year agreement between Hideliter de Llamas and Associates; and approving and authorizing a sole source purchase for the procurement of HdL Prime Business License Software with Web Module Services for a total amount not-to-exceed amount of $123,699.93.
Attachment(s):
1. Resolution
2. Sole Source Justification
3. SaaS Agreement with Hiderliter De Llamas and Associates (HdL)
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Item # C15.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS ACCEPTING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE 5-YEAR AGREEMENT BETWEEN HIDERLITER DE LLAMAS AND ASSOCIATES (HdL) AND THE CITY OF
MILPITAS, AND APPROVING AND AUTHORIZING A SOLE SOURCE PURCHASE FOR THE PROCUREMENT OF HdL PRIME BUSINESS LICENSE SOFTWARE WITH WEB MODULE SERVICES.
WHEREAS, Th City entered into an agreement with Hdl on 8/23/2017 and City of Milpitas is currently utilizing the HdL Prime Business License Software with Web Module application for its annual Business License Application filing and payment ; and monthly Transient Occupancy Tax filing and payment; and
WHEREAS, HdL Prime Business License Software with Web Module was developed by HdL Software, LLC and are distributed solely by HdL Software, LLC. No other vendor develops, distributes and implements these products and services; and
WHEREAS, Municode Section; I -2-3.03 - Procurements where competitive methods are not practicable and I-2-3.06 - Sole Source Procurement authorizes that “A contract may be awarded without competition when the Purchasing Agent determines in writing, after conducting a good faith review of available sources, that only one viable source exists for the required supplies, material, equipment, or general service, or that there is a compelling reason for using only one source. The Purchasing Agent shall conduct negotiations, as appropriate, as to pri ce, delivery and terms. A written statement of the basis for the sole source determination and the period of the sole source approval shall be placed in the contract file; and
WHEREAS, HdL currently provides this software. Switching to a new provider at this junction would be costly, operationally interruptive and interruptive for the business license holders and hotel operators who have learned the HdL system implemented since 2017.
NOW, THEREFORE, the City Council of the City of Milpitas hereby find s, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The City Council hereby approves Hiderliter De Llamas and Associates as the sole source provider for the procurement of HdL Prime Business License Software with Web Module.
3. The City Council hereby approves the procurement of the HdL Prime Business License Software with Web Module services from Hiderliter De Llama and Associates and authorize the City Manage, or his designee to execute the 5 years agreement and rela ted documents for the procurement in the amount of $123,699.93.
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PASSED AND ADOPTED this on ______ day of ________, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Wendy Wood, City Clerk Rich Tran, Mayor
APPROVED AS TO FORM:
Michael Mutalipassi, City Attorney
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CITY OF MILPITAS
SOLE SOURCE OR
SOLE BRAND (STANDARDIZATION) REQUEST
THIS FORM MUST BE COMPLETED AND APPROVED
PRIOR TO ANY PROCUREMENT
_________________________________________________________________________ When a request is made for a sole source procurement or to restrict procurement to a specific brand (standardization) for the acquisition of supplies, equipment and materials or services (except for consultant services or contracts with other governmental agencies), as applicable, the requesting department must complete this form consistent with Section I-2-3.06 - Sole Source Procurement or Section I-2-3.14 - Standardization.
Per the aforementioned Municipal Code section, a sole source contract is authorized when the Purchasing Agent determines in writing, after conducting a good faith review of available sources, that only one viable source exists for the required supplies, material, equipment, or general service, or that there is a compelling reason for using only one source. The detailed information you are providing will facilitate such a determination.
Per the aforementioned Municipal Code section, a standardization of supplies, materials or equipment, including information and communication technology products and services and subsequent sole brand procurement is authorized, when the Purchasing Agent has determined that it is required for the health, safety or welfare of the people or employees of the City, or that cost savings have been demonstrated. Among the fact ors that may be considered in determining to standardize on a single brand or trade name are that:
a) In order to acquire a specific product(s) for the purpose of conducting a field test or experiment to determine the product's suitability for use by the City. b) When it is required for proper operation or function to match other products with respect to the repair or expansion or completion of a system or program already in use by the City, including, but not limited to, technology purchases required to achieve interoperability with existing hardware, software, systems or programs. c) In order to achieve significant cost savings based upon consideration of the following cost factors: (1) Timeliness and quality of installation, repair and maintenance; (2) Quality of user training; (3) Supplies and replacement parts; (4) Modification of existing equipment, materials or systems; (5) Future upgrades and updates; (6) Estimated amount and cost of reasonably foreseeable future purchases of equipment that would be required to be compatible or functional with the product which is the subject of the standardization determination; and/or (7) Administrative costs. 291
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This form is not necessary for contracting for professional services or contracting with other governmental agencies.
Please answer in the space provided, or in an attachment address by specific reference, each question listed below in your justification. Be sure to answer each part of each question as each must be addressed; no response can be not applicable. Failure to respond fully to any of the questions may result in delay or rejection of the request due to inadequate justification. If additional information is necessary, please attach additional page(s) and/or documents, as needed.
1. This is a request for a (circle one) Sole Source Sole Brand exception.
2. Using appropriate detail, including brand name and model number, briefly describe the product you wish to procure. In the case of a general service use enough detail to clearly describe to someone not familiar with your department’s operation what you are procuring.
HdL currently provides the City of Milpitas with its HdL Prime Software system for business license on-line application and payment, and for Transient Occupancy Tax on-line filing and payment.
3. Please provide the total not -to-exceed amount of the purchase and/or agreement/contract as well as the requested term. (if buying software, the City’s standard term is five years)
Total Cost: $ 123,699.93 Term: 5 years
Detailed cost breakdown explanation per year:
Year 1: $21,085.46
Year 2: $22,772.29
Year 3: $24,594.07
Year 4: $26,561.59
Year 5: $28,686.52
Note: First year cost is actual. Subsequent years costs are projected with 8% CPI increase annually but will be billed at actual CPI for All Urban Consumers, West Region, reported annually by the U.S. Bureau of Labor Statistics. CPI annual increase is limited (capped) to 2% minimum and 8% maximum.
4. For goods: What are the unique performance features of the product/brand requested that are not available in any other product/brand? For services: What unique qualifications, rights, degrees, certifications, licenses and/or experience does this vendor possess? HdL currently provides our HdL Prime Software system for business license application, transient occupancy tax filing and payment, and police alarm permit. If we do not renew our software agreement with them, we will not be able to take on-line business license application 292
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and payments, and monthly transient occupancy tax filing and payment on-line. HdL is the sole provider of this software.
What other products/services have been examined and rejected, and why? (Please provide a specific meaningful explanation, one vendor and one feature at a time. For products be sure to clearly identify the product by name and model number and include the name, address, email, and telephone number of the company representative whose product you tested.)
We did not test any other products. Municode Section; I-2-3.03 - Procurements where competitive methods are not practicable and I -2-3.06 - Sole Source Procurement authorizes that “A contract may be awarded without competition when the Purchasing Agent determines in writ ing, … “ that there is a compelling reason for using only one source”. Switching to a new provider at this junction would be costly, operationally interruptive and interruptive for the business license holders and hotel operators who have learned the HdL system implemented since 2017.
If justification is based on matching and/or intermixing with existing equipment (standardization or sole brand only – (sole brand may only be used by authority of the City Council)), list the quantity, manufacturer, brand, and model of the existing equipment, and identify measurable cost savings consistent with the sole brand requirements identified on page one of the request form (attach calculations as necessary).
Not Applicable
I HEREBY CERTIFY THAT:
1. I have read and understand the City's requirements for competitive bidding, as well as the criteria for justification for sole source and sole brand procurements.
2. I have gathered the required technical information and have made a concentrated effort to review comparable and/or equal equipment/service.
3. There is validity as to the information contained herein justifying my request for sole source or sole brand procurement and meeting the City's criteria.
4. A sole source or sole brand procurement in this case would withstand a possible audit or a vendor's protest.
Requestor: Gabrielle Tsang, Assistant Finance Director ________ Date: June 9th, 2022 Department Head: ____________________________________ Date:
PURCHASING DIVISION USE ONLY:
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APPROVED: Yes No
Purchasing Agent: __________________________________ Date:
Purchasing Agent’s Written Determination:
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SOLE SOURCE OR SOLE BRAND REQUEST
A. OVERVIEW
Purchasing recognizes that departments often invest a great deal of time and effort in selecting a source or brand, prior to submitting a requisition to Purchasing. Even though the departmental review process prior to the submittal of a requisition may be sound, it is highly recommended to quickly engage with Purchasing as soon and early in the process as possible to ensure all documentation and justifications for the request are consistent with the Municipal Code.
Likewise, Purchasing can be an effective partner in a competitive review process given adequate time and involvement in your requirement definition.
In an eff ort to expedite sole source or sole brand requisitions through Purchasing, you are directed to review the Sole Source or Sole Brand Request form herein. If the Department feels the request meets the criteria, follow the instructions in filling out the form and attach it to the requisition. After review, if Purchasing concurs with your sole source or sole brand justification, the requisition may be expedited without the competitive solicitation requirements.
This is an internal City review process. Departme nts are directed to use discretion in their discussion with vendors so as to not compromise any competitive advantage that Purchasing may utilize; in the event the sole source or sole brand justification is rejected. Rather than merely a shift of the revie w burden, this process acknowledges the significant effort a department may undertake when identifying a vendor or brand and provides you with the method by which to make requisitioning efforts more efficient adhering to the City’s Purchasing Ordinance.
In order for Purchasing to accept a request for sole source/sole brand, the certification form referenced is made a part of the Purchasing Agent’s written determination as provided by the Municipal Code must be signed by the Department Head. The completed form will remain on file for audit purposes.
Sole Source Requests Over $100,000
Sole Source requests over $100,000 require submission of an Agenda Report Sample - Sole Source Agenda Report and approval by City Council and require submission of a resolution as in the Sample - Sole Source Resolution. If you are making a second sole source purchase, over $100,000, within the five -year life of the original sole source purchase you are still required to submit an AR to City Council , and at a minimum, the report should confirm the findings in the prior sole source resolution are still accurate and that nothing has changed in the marketplace or elsewhere. If anything has changed, then a new resolution is required. If 295
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nothing has changed, then the Department can rely on the prior resolution but should include language in the AR indicating that all previous findings and conclusions are still accurate, and staff is not aware of any new information that would change those findings or conclusions in the prior sole source resolution.
B. PROCEDURE Sole source or so le brand procurements are an exception to competitive solicitation requirements and, therefore, require a detailed justification. In processing sole source or sole brand requests for supplies, equipment and/or services (except for consultant services or contracts with other governmental agencies) , Purchasing adheres to and is governed by the principles set forth in City of Milpitas Municipal Code Section I-2-3.06 - Sole Source Procurement or Section I-2-3.14 - Standardization as approved by the City Council.
If the requesting Department is requesting a particular vendor, brand or product, staff must make this fact clear on your requisition. If approved, the request will then be restrictive and non-competitive and will fall into a sole source or sole brand category.
Such a request should not be made unless Department staff is confident that the request is reasonable and appropriately justified to meet the City’s requirements and withstand any possible audit or scrutiny. The City’s requirements and the format for submi tting such requests are contained herein.
The following factors DO NOT apply to sole source requests and should not be included in any sole source and/or sole brand justification request. They will not be considered and only tend to confuse the evaluation process and delay the procurement.
1. Personal preference or experience with or for a particular product or vendor.
2. Cost, vendor performance, and/or local service (these are generally considered award factors in competitive bidding).
3. Features which exceed the minimum department requirements.
4. Explanation of the need and/or basic use for the equipment, unless the information relates to a request for “unique factors” (refer to question three from the Sole Source/Sole Brand Request form). In other words, it is no t appropriate to only state the Department is requesting a specific tree trimmer so staff can trim trees, instead explain why this particular trimmer with these exact performance specifications is the only one that will meet the Department’s need(s).
5. A request for “no substitution” submitted without justification. This is just a sole source or sole brand request without justification and will be rejected 296
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