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www.modestogov.com
AGENDA
City of Modesto
SAFETY AND COMMUNITIES COMMITTEE / COUNCIL
WORKSHOP
Held Via Teleconference
(To Access Meeting Please See Instructions Below)
Monday, August 08, 2022 at 5:00 PM
*Roll Call: Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
Alternates: Jenny Kenoyer, Tony Madrigal, David Wright
* Please Note: In order to respond to COVID-19, and pursuant to AB 361, the City will hold this meeting via teleconference and Committee Members will be calling in. “Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.
THIS MEETING WILL NOT BE PHYSICALLY OPEN TO THE PUBLIC
In order to minimize the spread of the COVID-19 virus, this meeting will be conducted pursuant to AB 361, which amended the Brown Act’s teleconferencing provisions and will not be physically open to the public. You may observe and participate in the meeting via teleconference as indicated below.
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PARTICIPATING IN COMMITTEE MEETINGS IN CONFORMANCE
WITH AB 361
The City of Modesto is providing alternatives to observe and participate in Committee meetings.
If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:
SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee Members and placed in the record, but will not be read aloud during the meeting. Written comments must be received by 3:00 p.m. on the day of the meeting.
VIRTUAL PARTICIPATION BY ZOOM VIDEO
CONFERENCING AND TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.
Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can participate by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
Providing Public Comment on Zoom and by Telephone
The Committee Chairman will request public comment during the Public Comment periods on the meeting agendas and during each Regular Calendar Item on the Committee Agenda. Once the Chairman has announced the public comment period, please do one of the following.
USING A COMPUTER OR SMART PHONE APP:
Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
City staff will unmute your microphone when it is your turn to provide - 2 -
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public comment.
A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
Once your public comment has ended, you will be muted again.
USING A REGULAR PHONE (not using a computer or smart phone APP):
Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
City staff will unmute your microphone when it is your turn to provide public comment.
You will hear “you are unmuted” and then you will have three minutes to provide public comment.
Once your public comment has ended, you will be muted again. If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.
Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643
Council has not delegated directive or final approval authority to the Committees. Committee actions are recommendations to the full City Council, not final decisions on an issue. This meeting is also noticed as a City Council workshop.
PUBLIC COMMENTS
Three minute time limit per speaker
Only interested persons in the audience may present these matters. Under State law, Councilmembers may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED:
Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time. The action taken by the Council in approving consent items is set forth in the explanation of this individual item. - 3 -
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Any and all of the following agenda items are subject to action by the Modesto City Council.
This Agenda is on file at the Modesto-Stanislaus Library Reference Room, 1500 I Street, Modesto, in the City Clerk’s Office, Sixth Floor, 10th Street Place, and is available on the City’s Web site at www.modestogov.com.
In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
CONSENT
An item may be removed from consent and discussed at the request of an audience member or Councilmember.
1. Consider approving an Agreement with CSG Consultants, Inc. for Fire Prevention Plan Check Services, for a two-year Agreement, with three one-year extension options, for an annual estimated amount of $75,000 and total amount not to exceed $375,000 and forwarding to Council for approval. (Funding Source: General Fund) FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected]
NEW BUSINESS
2. Consider an Ordinance amending section 12-4.202(b)(2) of Article 2 to Chapter 4 of Title 12 of the Modesto Municipal Code relating to the use of parks and recreation areas and facilities to authorize the Director of Parks, Recreation and Neighborhoods to set hours of operations for all parks, trails, green space, and recreation facilities and forwarding to Council for approval. (Funding Source: General Fund) PRN; Ashley Weaver, 209-577-5428, [email protected]
MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.
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ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
August 8, 2022
Date: July 13, 2022
TO: Safety & Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Alan Ernst, Fire Chief
SUBJECT: Fire Prevention Plan Check Services
CONTACT: Alan Ernst, Fire Chief, [email protected], 209-572-9590 DESCRIPTION:
Consider approving an Agreement with CSG Consultants, Inc. for Fire Prevention Plan Check Services, for a two-year Agreement, with three (3) one-year extension options, for an annual estimated amount of $75,000 and total amount not to exceed $375,000 and forwarding to Council for approval. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:
This action supports the City of Modesto 2020-2025 Strategic Plan focus on quality of life under Goal A: Improve Community Safety.
BACKGROUND:
The Modesto Fire Department Fire Prevention Division is responsible for reviewing plans for new and updated fire alarm and sprinkler systems. These plan checks are a required step for opening new businesses within the City of Modesto. As we have grown to take on additional contracts for services for surrounding areas, including the city of Ceres, we are responsible for reviewing plans for a greater service area. This expansion has led to a steep incline in work volume. Currently there are two Fire Inspector vacancies, leaving our plan review staff to perform those duties in the interim, putting the current standard review times significantly behind schedule. The Fire Prevention Division is in need of a third-party reviewer in order to meet standard deadlines and maintain customer expectations.
Modesto Fire Department has been using the services of CSG Consultants, Inc. since 2018.
The most recent agreement expired on July 1, 2020. Since then, the department has only been able to dedicate one part-time staff member to the task of reviewing and approving plans. With the addition of the aforementioned contracts for services and increased jurisdictional areas, the #1..
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Fire Prevention Plan Check Services
department seeks to enter into a new agreement with CSG Consultants, Inc. in order to ensure efficiency of the plan check processes.
The initial term of the agreement is for two (2) years, with the option of three (3) one-year extensions.
DISCUSSION:
The City Manager authorized the Purchasing Manager to issue a formal Request for Bid for the furnishing of the Fire Prevention Plan Check Services to the City of Modesto and City of Ceres.
On May 7, 2021 the City of Gilroy issued request for proposal No. 21-RFP-CDD-453 through The Mercury News and on the City of Gilroy website. Six proposals were received. After a review and rating process, Staff recommended CSG Consultants and 4Leaf to provide all requested on-call services, and Bureau Veritas to provide on-call plan check services only. An agreement was entered for a three-year period, with two (2), one-year options available to exercise at City’s discretion.
City staff recommends awarding an agreement to CSG Consultants to furnish Fire Prevention Plan Check Services to the City of Modesto and City of Ceres. It has been determined that the CSG Consultants agreement meets the City’s needs based on the City of Gilroy competitive award issued on June 23, 2021.
The contract between CSG Consultants and the City of Gilroy, CA expires June 30, 2026. Staff is requesting a two-year agreement with three (3) one-year extension options that will extend beyond the term of the City of Gilroy’s contract. CSG Consultants has agreed to these terms.
Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” MMC 8-3.202(d) permits the Purchasing Manager to utilize the “piggybacking” from a competitive bid process with the City of Gilroy, CA when the best cost savings interest of the City be served. Here, this exemption is satisfied because the City of Gilroy, CA Request for Proposal No. 21-RFP-CDD-453 for On-Call Standard and Expedited Building, Fire Plan Check and Inspections Services went through a formal competitive bidding process. In addition, MMC 8-3.202(h) encouraged the Purchasing Manager to join with the State of California and other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served. Based on providing the overall responsive and responsible bid, City staff recommends an agreement with CSG Consultants, which conforms to the Modesto Municipal Code 8-3.202(h).
FISCAL IMPACT:
Expenditures over the past three years for the furnishing of Fire Prevention Plan Check Services under the previous agreements are listed below:
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Fire Prevention Plan Check Services
Fiscal Year Total
FY 18/19 $4,593.75
FY 19/20 $4,095.00
FY 20/21 $15,982.50
Grand TOTAL $24,671.25
Funds are fully budgeted for each Fiscal Year in the following appropriation units:
Name Fund Cost Center Account Amount
General Fund – Modesto Fire 0100 18510 53300 $50,000
General Fund - Ceres 0100 18213 53300 $25,000
Total $75,000
Approved by:
Alan Ernst, Fire Chief
Joseph P. Lopez, City Manager
Attachments:
1. Agreement
2. Exhibit A RFP
3. Exhibit B Hourly Rates
4. Financial Interest Disclosure
5. Scoring Abstract
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STANDARD AGREEMENT
FOR CONSULTANT SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2022 (“Effective Date”), by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and CSG Consultants, Inc., a California corporation, hereinafter referred to as "Consultant."
This Agreement is made with regard to the following recitals:
A. The City has determined that Fire Prevention Plan Check Services should be prepared for the City.
B. Consultant represents that it is qualified, willing and able to provide the services to prepare said plan check(s).
NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:
1. SCOPE OF SERVICES.
Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "project". The Consultant shall perform the services as described in Exhibit "A" in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.
2. TERM OF AGREEMENT.
a. This agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant ending no later than June 30, 2024, unless #1..
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b. In the event Consultant is not in default of any material covenants required by it to be performed under this agreement, the City shall have the right and option to extend this agreement for a period of one (1) year on the same terms and conditions, except as otherwise set forth herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of initial term set forth in Paragraph 2 (a).
c. Following the one (1) year extension set forth in Paragraph 2 (b), and if the Consultant is not in default of any material covenants required by it to be performed under this agreement, the City shall have the right and option to extend this agreement for a second period of one (1) year on the same terms and conditions, except as otherwise set forth herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the one (1) year extension set forth in Paragraph 2 (b).
Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as "project" attached hereto as Exhibit "A" and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this agreement. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit "A".
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3. COMPENSATION.
Consultant agrees to accept an estimated annual amount of $75,000 during each agreement term, and shall not exceed a combined amount of $375,000 if the agreement term is extended under Paragraphs 2 (b) and 2 (c) above, as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" and for performance by Consultant of all of its duties and obligations under this agreement. The Compensation shall be paid pursuant in the manner and at the times set forth below:
City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this agreement. All work to be performed under this agreement shall be billed at the rates set forth in Exhibit “B” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed.
4. OBLIGATIONS OF CONSULTANT.
Throughout the term of this agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
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5. PERFORMANCE BY KEY EMPLOYEE.
Consultant has represented to City that George Apple, will be the person primarily responsible for the performance of the services referred to in this agreement. City has entered into this agreement in reliance on that representation by Consultant. Consultant therefore agrees that eighty percent (80%) or more of the time to be devoted to the project that is the subject of this agreement will be that of the abovenamed person.
6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.
Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City.
No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.
Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the agreement.
All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this agreement will at all times remain the property of the City. Such data or information may #1..
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not be used or copied for direct or indirect use by Consultant after termination of this agreement without written consent of the City.
7. NEWS AND INFORMATION RELEASE.
Consultant agrees that it will not issue any news releases in connection with either the award of this agreement, or any subsequent amendment of or efforts under this agreement, without first obtaining review and approval of said news releases from City through the City Manager.
8. INTEREST OF CONTRACTOR.
Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this agreement. Consultant warrants that, in performance of this agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this agreement if so required at the option of City.
9. AMENDMENTS.
Both parties to this agreement understand that it may become desirable or necessary during the execution of this agreement, for City or Consultant to modify the scope of services provided for under this agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.
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08/02/22 C:\Users\fsplendorio\AppData\Local\Temp\Scrub\n5vu5mmi\3i3zypme.docx Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services.
10. INDEPENDENT CONTRACTOR.
All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this agreement, has no authority to bind or incur any obligation on behalf of City. Consultant has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.
Consultant, its agents, officers and employees are and, at all times during the terms of this agreement, shall represent and conduct themselves as independent contractors and not as employees of City.
Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this agreement.
Consultant shall be responsible to City only for the requirements and results specified in this agreement, and, except as expressly provided in this agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this agreement. Consultant has control over the manner and means of performing the services under this agreement. Consultant is permitted to #1..
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provide services to others during the same period service is provided to City under this agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this agreement.
If in the performance of this agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.
It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.
It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.
As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this agreement.
11. ASSIGNMENT.
Neither this agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.
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12. PATENT/COPYRIGHT MATERIALS.
Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.
13. NOTICES.
Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (a) upon actual delivery, if delivery is by hand; or (b) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time.
FOR Consultant: Name: CSG Consultants, Inc.
Address: 930 Fresno Street
Newman, CA 95360
Attention: Cyrus Kianpour
Phone: (650) 522-2500
Facsimile: (650) 522-2599
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95354
Attention: Darin Jesberg, Deputy Fire Chief
Phone: (209) 577-9139
Facsimile: (209) 544-1652
Email: [email protected]
14. INSURANCE REQUIREMENTS.
The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of #1..
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California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City via PINS Advantage Insurance Program, for all of the following stated insurance policies.
(a) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $1,000,000 for property damage or $1,000,000 combined single limit. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required per-occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations.
(b) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $1,000,000 property damage or $1,000,000 combined single limit. This insurance shall cover any automobile for bodily injury and property damage.
(c) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.
(d) Professional Liability (Errors and Omissions) Insurance with limits not less than $2,000,000 per claim, $4,000,000 aggregate. If coverage is on a #1..
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If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided.
Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. Consultant shall provide City with separate endorsements evidencing proof of the City’s additional insured status as to both the general liability and automobile liability insurance policies. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. In addition, Consultant shall provide City with a Workers Compensation subrogation waiver by way of a separate endorsement. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's #1..
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rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.
All endorsements referenced above must include the applicable policy number.
15. TERMINATION OF AGREEMENT.
Termination by City for Default of Consultant
Should Consultant default in the performance of this agreement or materially breach any of its provisions, at its option, City may terminate this agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.
Termination by City for Convenience
The City may also terminate the Consultant's performance under the agreement, either in whole or in part, at its own discretion, or when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the work for any reason. The City shall provide no less than ten (10) calendar days written notice of its #1..
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Termination by City for Lack of Budgeted Funds
The City may terminate this agreement effective July 1 of any given year upon the City's determination to not appropriate sufficient funds for this agreement for the ensuing fiscal year. In such event City shall give Consultant not less than 30 days written notice of termination.
Termination by City for Change of Consultant's Tax Status If City determines that Consultant does not meet the requirements of federal and state tax laws for independent contractor status, City may terminate this agreement by giving written notice to Consultant. The termination date shall be the effective date of the notice.
Post-Termination Procedures
If this agreement is terminated pursuant to this Section, Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees,
subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as
necessary to complete any portion of the work that is not terminated;
c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in #1..
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progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the work not completed or undertaken, including materials not delivered;
d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been
accumulated by the Consultant in performing the work
whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the work and/or property related to the work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project.
i. The Consultant understands and agrees that City may, in #1..
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08/02/22 C:\Users\fsplendorio\AppData\Local\Temp\Scrub\n5vu5mmi\3i3zypme.docx City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.
City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. If the agreement is terminated pursuant to the subparagraph entitled Termination by City for Default of Consultant, Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the work such as subconsultant
agreements or contracts for materials;
b. The agreement price allocable to the portion of the work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as
determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.
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16. CERTIFIED PAYROLL REQUIREMENT.
For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.
17. INDEMNITY.
The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any act or omission of Consultant whether or not the act or omission arises from the sole negligence or other liability of City, or its agents, officers, and employees or volunteers relating to or during the performance of its obligations under this agreement.
Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.
18. DISPUTE RESOLUTION.
All claims, controversies, or disputes arising out of, or relating to the formation of this agreement, or the breach, termination execution, enforcement, interpretation, or validity of this agreement, including the determination of the scope or #1..
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08/02/22 C:\Users\fsplendorio\AppData\Local\Temp\Scrub\n5vu5mmi\3i3zypme.docx applicability of this agreement provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this agreement.
The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.
This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant. Otherwise, the claim or claims shall be deemed waived in their entirety.
The “fast track” rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions #1..
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be taken and other discovery be made. Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.
Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.
The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.
Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this agreement shall not operate as an exclusion of the issue of punitive damages from this agreement to arbitrate sufficient to vest jurisdiction in a court with respect to that issue.
Consultant shall include in all subcontracts a specification whereby the sub-consultant consents to being joined in an arbitration between City and Consultant #1..
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08/02/22 C:\Users\fsplendorio\AppData\Local\Temp\Scrub\n5vu5mmi\3i3zypme.docx involving the work of the sub-consultant to be joined. Consultant’s failure to do so shall be a breach of this agreement.
The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1293. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.
19. ENTIRE AGREEMENT.
This agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder.
All previous proposals, offers and communications relative to this agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this agreement shall be considered valid unless specifically agreed to in writing by all the parties.
20. PARTIAL INVALIDITY.
If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
21. WAIVER.
The waiver by any party to this agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing. #1..
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22. AUDIT.
The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this agreement.
Consultant agrees to retain reports, records, documents, and files related to charges under this agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.
23. GOVERNING LAW.
This agreement shall be governed according to the laws of the State of California.
24. HEADINGS NOT CONTROLLING.
Headings used in the agreement are for reference purposes only and shall not be considered in construing this agreement.
25. COMPLIANCE WITH LAWS.
Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
26. CITY BUSINESS LICENSE.
Consultant shall have a City of Modesto business license. #1..
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08/02/22 C:\Users\fsplendorio\AppData\Local\Temp\Scrub\n5vu5mmi\3i3zypme.docx IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2022- , adopted by the Council of the City of Modesto on the day of , 2022, and CSG Consultants, Inc. has caused this agreement to be duly executed in duplicate as of the Effective Date.
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City of Gilroy
Community Development Department
ATTN: CARINA BAKSA
CITY OF GILROY
7351 ROSANNA STREET
GILROY, CA 95020-6197
Request for Proposals
On-Call Standard and Expedited
Building, Fire Plan Check and Inspection
Services
No. 21-RFP-CDD-453
Proposals Due by: 3:00 pm, Thursday, June 3rd, 2021
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Request for Proposals
No. 21-RFP-CDD-453
Notice is hereby given that ELECTRONIC Requests for Proposals will be received at the City of Gilroy, for On-Call Standard and Expedited Building, Fire Plan Check and Inspection Services, Project No. 21-RFPCDD-453 as described in the attached Request for Proposals. Please note that City Hall is closed to the public due to the ongoing COVID-19 pandemic. RFPs will be accepted by email to [email protected] until 3:00 pm, Thursday, June 3rd, 2021. RFPs received after that time and date will not be considered. The City of Gilroy accepts no responsibility if delivery is made to another location other than location specified above and/or delayed deliveries. RFPs should be submitted in a complete, single electronic file to the email specified in this notice. An evaluation team will review proposals and select a vendor based on the selection criteria and process outlined in the RFP. The selected vendor will enter into an agreement for a period of three (3) years upon approval by City Council, with two, one-year extensions available after that.
A free electronic copy of the RFP can be obtained by going to the City of Gilroy website (www.cityofgilroy.org). Due to the ongoing COVID-19 pandemic, all prospective parties should check the City’s website for any addendums.
RespectfullyRequested,
Carina Baksa
Management Analyst
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No. 21-RFP-CDD-453
On-Call Standard and Expedited Building, Fire Plan Check and Inspection Services Table of Contents
Introduction...........................................................................................................................................1 Project Description ................................................................................................................................1 Issuing Office .........................................................................................................................................1 Anticipated RFP Schedule ......................................................................................................................2 Submission Date and Location ...............................................................................................................2 Protests.................................................................................................................................................3 Rejection of Proposals ...........................................................................................................................3 Modification / Withdrawal ....................................................................................................................3 Cancellation...........................................................................................................................................3 Duration of Proposals ............................................................................................................................3 Public Record.........................................................................................................................................3 Incurring Costs.......................................................................................................................................3 Selection Process...................................................................................................................................3 Proposal Contents..................................................................................................................................4 Proposal Evaluation Criteria and Scoring ................................................................................................4 Total Score.............................................................................................................................................5 Scope of Work .......................................................................................................................................6 Attachment A - Sample Agreement for Services Contract.......................................................................7 #1..
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Introduction
The City of Gilroy is a charter city located in southern Santa Clara County with a population of approximately 57,000. The City is a council-administrator form of government with the mayor elected at large for a four-year term and six City Councilmembers who are elected at large for four year terms.
Development activity in the original Gilroy town site dates back to the early 1800s, with the City formally incorporating in 1870. Since then, the City experienced several annexations and growth periods throughout the 20th and 21st centuries.
Information regarding the City and its organization, such as governmental structure, services provided, the Current Operating and Capital Budgets, is available on the City website at www.cityofgilroy.org Project Description
The City of Gilroy’s Building Division ensures that the City’s adopted building codes are adhered to during the plan review and construction process. We oversee construction on private property to ensure safe buildings and compliance with building, electrical, mechanical, plumbing, energy, and accessibility codes and laws. The Fire Marshal conducts comprehensive plan review and inspection for all new development and construction projects, and the permitting and routine inspection of occupancies requiring permits under the Gilroy and California fire codes, the City’s Hazardous Materials Ordinance and as required by the California Code of Regulations Title 27 for the CUPA programs. The following table represents the volume of permit activity that occurs in the City of Gilroy Calendar
Year
ALL TYPES of
Building Permits
Applied For
ALL TYPES of
Building Permits
Issued
Inspections
Performed
Plan Checks
- All Types
New
Residential
Permits Issued
Commercial /
Industrial
Permits
2016 2372 2180 22774 1256 326 102
2017 2126 1953 19361 1265 257 89
2018 1853 1669 15710 1289 137 106
2019 2055 1823 16570 1473 204 80
2020 1373 1138 10746 1056 95 66
The City is seeking consultants to conduct on-call plan check and inspection services, providing the City with the knowledge and resources to assist with the volume of permitting activity that the City manages.
The approved consultant, or consultants, would be subject to an award for these services for a period of three (3) years, with two, one-year extensions available.
Issuing Office
The Finance Department is the Issuing Office for this Request for Proposal (RFP) and the point of contact for all process and contract questions as well as protest, and all correspondence shall be through e-mail.
Technical questions shall be directed to the Project Manager.
Issuing Office Project Manager
Finance Department Community Development Department
Carina Baksa Hipolito Olmos
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Purchasing Coordinator Building Official, Community Development Department 7351 Rosanna Street 7351 Rosanna Street
Gilroy, CA 95020 Gilroy, CA 95020
[email protected] [email protected] Anticipated RFP Schedule
The City anticipates the following general timeline for this RFP and the schedule may change as necessary.
Selection Process Actions Target Date
RFP distributed to prospective Consultants and Advertised Friday, May 7th, 2021 Deadline to submit RFP questions Wednesday, May 26th, 2021 at 4:00 PM Questions posted on the City’s website Thursday, May 27 th, 2021
RFP submissions due to City of Gilroy (Final) Thursday, June 3rd, 2021 at 3:00 PM Interviews (If Necessary) June 15th to June 17
th, 2021
City Council staff report posted on website Wednesday, June 28th, 2021 City Council Meeting Monday, July 3rd, 2021
Submission Date and Location
Each responding Consultant must provide one electronic copy marked with the RFP number, the consultant’s name before delivering to the address listed below. The packets must be emailed directly to [email protected] before the deadline.
Solicitation Documents and Changes (Addenda)
All solicitation documents may be viewed or printed on line from the City’s website at www.cityofgilroy.org or may be viewed onsite at the Issuing Office at the address listed above.
Proposals received from other sources will not be considered valid documents. Please contact the Issuing Office listed above with any problems viewing solicitation documents.
All questions regarding this solicitation shall be submitted via e-mail. The questions will be researched and the answers will be communicated to all known interested Consultants and posted on the City’s website after the deadline for receipt of questions.
Prospective Consultant shall not contact City officers or employees with questions or suggestions regarding this solicitation except through the primary contact person listed above. Any unauthorized contact may be considered undue pressure and cause for disqualification of the Consultant.
Consultants are responsible for checking the City’s website for the issuance of any addenda prior to submitting a proposal. The Consultant is held responsible for all addenda/changes to the documents and may be considered non-responsive if their proposal does not reflect those addenda/changes.
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Protests
Any complaints or perceived inequities related to this RFP shall be made in writing and directed to the Issuing Office at the address listed above and accordance with the City purchasing policy procedure 17. This policy may be found on the City’s website, located here: http://www.cityofgilroy.org/DocumentCenter/View/10774/Gilroy-PurchasingPolicy-.
Rejection of Proposals
The City reserves the right to reject any and all proposals submitted. The City also reserves the right to waive or not waive any informalities or irregularities in proposal responses.
Modification / Withdrawal
Unless otherwise specified, modification of the Proposal will not be permitted; however a Consultant may withdraw his or her Proposal at any time prior to the scheduled closing time for receipt of Proposals; any Consultant may withdraw his or her Proposal, either personally or by written request to the Issuing Office. Withdrawal of Proposal shall not disqualify the Consultant from submitting another Proposal provided the time for receipt of Proposals has not expired.
Cancellation
The City reserves the right to cancel award of this contract at any time before execution of the contract by both parties if cancellation is deemed to be in the City’s best interest. In no event shall the City have any liability for the cancellation of award.
Duration of Proposals
Proposals must remain valid for at least 90 days. Proposals must be signed by an official authorized to bind the Consultant.
Public Record
All proposals submitted are the property of the City and are public records. All documents received by the City are subject to public disclosure after the City selects a Consultant.
Incurring Costs
The City is not liable for any cost incurred by Consultants prior to execution of a contract.
Selection Process
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The City reserves the right to select the Consultant on the basis of the proposals or to conduct interviews with the highest qualified Consultants following evaluation and scoring of the proposals, whichever is determined to best serve the needs of the City. The City reserves the right to seek clarifications of any or all proposals.
Proposal Contents
The qualification packet, per category, shall be organized to include the following sections. Each packet should be tabbed or marked with five (5) sections. The contents for each section are listed below, and must be presented in the same order. The Consultant shall be responsible for preparing an effective and clear proposal. Concise proposals without needless duplication are encouraged.
The packet must contain at a minimum the following information:
1. Cover Letter: Summarize the firm’s qualifications to provide consulting services for the City of Gilroy. Provide name of contact person, phone number, and email address. Maximum one page.
2. Qualifications: Describe your firm’s experience and qualifications in conducting plan-check and inspection services. Maximum four pages.
3. Relevant Experience: List projects completed by the firm relevant to the City of Gilroy and scope of services requested and provide the following information for each project. Maximum six pages:
a) outline the specific scope of services provided and describe how your firm met or exceeded expectations;
b) identify the role of the firm (e.g., work was performed exclusively by the firm or a joint venture);
c) highlight any key team members directly involved in the project who would be part of the City of Gilroy on-call team;
d) specify if the project was completed within budget and on schedule (if not completed within budget and schedule provide a very brief statement explaining why); and e) provide the client’s contact information including name, title, and phone number as a reference.
4. Key Team Member Summary: Identify key team members of the firm who would be directly involved with the Gilroy on-call services. For each team member, summarize the typical role and responsibilities of the individual, and list experience relative to the typical role(s). Maximum six pages.
5. Costs: Provide an outline of the hourly rate schedule for the key team members and include associated administrative/technical support fee structure (e.g., administrative fees, mileage, travel time, reproduction costs).
Proposal Evaluation Criteria and Scoring
The criteria listed below will be used to evaluate the Consultants. • Consultant’s understanding of the scope of services
Does the proposal reflect a clear understanding of the proposed Scope of Services?
• Consultant’s corporate and team member qualifications and experience #1..
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Do the qualifications and experience of the consultant firm and individual proposed team members demonstrate a quality that gives confidence of a high value and excellence of service delivery for the City?
• Consultant’s references quality and responses
Are the references from similar sized cities, are they provided the same or similar services as proposed, and how did the reference rate the proposing Consultant? • Overall quality of the response to the RFP
Were the answers clear, concise, and well formulated? Does the proposal document make sense, is it structured well, and address all matters fully? • Consultant’s cost proposal
Is the proposed cost proposal acceptable? Is the basis for the billing structure reasonable?
Total Score
Each packet submittal will be reviewed and scored, per the criteria described above.
Based on the number and quality of responses, Consultants may be asked to continue to the interview/presentation step in the process. Each package may receive a maximum of 50 points, as summarized below:
CRITERIA POINTS
Understanding of the scope of services 15
Corporate and team member qualifications and
experience 10
References quality and responses 10
Overall quality of the response to the RFP 10
Cost proposal 5
TOTAL 50
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Scope of Work
1. Commercial and industrial (structural and non - structural) building plans and fire suppression, detection and alarm system plans.
2. Perform combination building and life safety inspections for residential, commercial, and industrial in accordance with the approved documents, adopted codes and standards amended by the City.
COMPLIANCE STANDARDS
3. Perform comprehensive plan review service including all trades; other functions include but are not limited to: writing plan review reports, holding meetings, answering inquiries and phone calls as needed.
4. Incorporated requirements from other City departments, divisions, regulating agencies and jurisdictions, i.e., Planning, Engineering, Fire and Chemical Control, Health Department, as they may apply to plan reviews and inspection services.
5. Process plan revisions and verify that corrections have been satisfactorily made in a timely manner.
COMMUNICATION STANDARDS
6. Provide a 1-800-number for service calls from Building and Fire Divisions and permit applicants.
7. Be available to confer with applicants and City staff at City Hall by telephone conversations, email and fax during all normal business hours.
8. Provide in-house plans examining services at City Hall when requested to do so.
9. Provide pick-up and delivery service to and from City Hall when necessary.
STAFF MEETING /PROFESSIONAL DEVELOPMENT
10. Meet with Building and Fire Marshal staff upon request. #1..
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Attachment A - Sample Agreement for Services Contract
AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this day of , 20 , between:
CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California
and CONSULTANT: , having a principal place of business at .
ARTICLE 1. TERM OF AGREEMENT
This Agreement will be effective on and will continue in effect through unless terminated in accordance with the provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. ______ Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venture or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S employees, including, without limitation, disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit “A” (“Specific Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit “C” (“Milestone Schedule”).
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B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above-described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT’S services.
C. Employment of Assistants
CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding.
D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT’S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONSULTANT exceed .
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit “A”, Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. #1..
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D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting “direct expenses” referenced on Exhibit “A.” ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY.
B. Workers’ Compensation
CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or death of any of CONSULTANT’S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.
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D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called “extended reporting” or “tail” coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY’S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insured’s on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms.
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion.
F. State and Federal Taxes
As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that:
• CITY will not withhold FICA (Social Security) from CONSULTANT’S payments;
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• CITY will not make state or federal unemployment insurance contributions on CONSULTANT’S behalf;
• CITY will not withhold state or federal income tax from payment to CONSULTANT;
• CITY will not make disability insurance contributions on behalf of CONSULTANT;
• CITY will not obtain workers’ compensation insurance on behalf of CONSULTANT.
ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT’S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant’s Business/ Death of Consultant.
1. CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY’ receipt of such notice of sale.
2. If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT.
B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following:
1. CONSULTANT’S failure to professionally and/or timely perform any of the services contemplated by this Agreement.
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2. CONSULTANT’S breach of any of its representations, warranties or covenants contained in this Agreement.
CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C” which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT’S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement.
C. Termination for Failure to Make Agreed-Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT’S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY.
D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT’s duties by any new consultant hired by the CITY to complete such services.
ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against #1..
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assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys’ fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either.
C. Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, #1..
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inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY.
H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested.
Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section V.H. but each party may change the address by written notice in accordance with this paragraph.
Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONSULTANT: CITY:
CITY OF GILROY
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By: By:
Name: Name:
Title: Title:
Social Security or Taxpayer
Identification Number
Approved as to Form ATTEST:
City Attorney City Clerk
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EXHIBIT “A”
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit “B”, Scope of Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign________, who will act in the capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written “Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, ______________shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. (“Notices”) of this Exhibit “A”.
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period.
III. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY.
CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses.
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Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses.
IV. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT’S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well-organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes.
B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY’S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT’S negligent performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY’s offices within five (5) business days after CITY’s request.
D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or #1..
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other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY.
E. NO PLEDGING OF CITY’S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit “A”.
CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever.
H. NOTICES.
Notices are to be sent as follows:
CITY:
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
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CONSULTANT:
I. FEDERAL FUNDING REQUIREMENTS.
If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply.
If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply.
1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items.
3. Covenant against Contingent Fees
The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
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EXHIBIT “B”
SCOPE OF SERVICES
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EXHIBIT “C”
MILESTONE SCHEDULE
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EXHIBIT “D”
PAYMENT SCHEDULE
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EXHIBIT “B”
HOURLY RATES
Building Plan Review Services
Service Description Billable Hourly Rate
Residential and Non-Residential Building Plan Review 60% of City’s Plan Check Fee Expedited Building Plan Review 90% of City’s Plan Check Fee Building Plan Review $125/hour
Expedited Plan Review 1.5 x Hourly Rate
CASp Review/Consultation $135/hour
Building Inspection Services
Service Description Billable Hourly Rate
Building Inspector $105/hour
Fire Plan Review Services
Service Description Billable Hourly Rate
Fire Plan Review $120/hour
Fire Protector Engineer Services $250/hour
Expedited Plan Review 1.5 x Hourly Rate
Fire Inspection Services
Service Description Billable Hourly Rate
Fire Inspection $120/hour
Additional Services
Service Description Billable Hourly Rate
Fire Inspections and review $125/hour
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1 PIGGYBACK – 2122-15
FINANCIAL INTEREST DISCLOSURE
REQUIRED DISCLOSURE BEGINNING THE COUNCIL MEETING
OF JANUARY 7, 2003
The ordinance requiring financial interest disclosure by all parties having a direct or indirect interest of $2,000 or more (except for certain publicly traded companies) will be effective at the Council meeting of January 7, 2003.
This means that any Council action on a contract, agreement or development right must be accompanied by a FINANCIAL INTEREST DISCLOSURE FORM listing by name all parties that have a material financial interest in the agreement, contract or development right.
PLEASE NOTE, any Council action that requires a FINANCIAL INTEREST DISCLOSURE cannot be considered by the City Council until the required reporting is made. That means that Agenda Items without the DISCLOSURE will be removed from the Council Agenda.
FinDisclosure12-19
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2 PIGGYBACK – 2122-15
FINANCIAL INTEREST DISCLOSURE
All persons included within the meaning of either of the following tests have a material financial interest in an agreement, or application for development rights, submitted for approval or disapproval by the City Council, and shall be identified by the applicant, by name.
Tests of Materiality:
1. Whether it is foreseeable to a reasonable person that the value of their interest in property available for use by an applicant, or their interest in the applicant itself, may increase or decrease by an amount greater than $2,000.00 as a direct or indirect result of Council action on the applicant’s agreement or application for development rights.
2. Whether it is foreseeable to a reasonable person that the person’s gross income from the applicant may increase or decrease by a sum greater than $2,000.00 as a direct or indirect result of Council action on the agreement or application for development rights.
It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the agreement or application or development rights is true, correct and complete. The applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
By signing this document I agree to the information contained within.
COMPANY NAME: ____________________________________________________ __________________________________
APPLICANT’S NAME (SIGNATURE):
__________________________________
APPLICANT’S NAME/TITLE (PRINT):
__________________________________
Applicable Names: DATE:
(See attached list)
Questions concerning the application of either test to particular facts should be resolved in advance of Council action by agreement with the department head recommending approval of its agreement/application.
DIRECTOR
CSG Consultants, Inc. Cyrus Kianpour, President 06/30/2022 #1..
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3 PIGGYBACK – 2122-15
FINANCIAL INTEREST DISCLOSURE
COMPANY NAME: __________________________________________ NAMES
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
CSG Consultants, Inc. Nourdin Khayata Doug Rider Brad Donohue #1..
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Summary of Scores
Proposal Total Score
4LEAF 49.3
CSG Consultants 49.3
Bureau Veritas 47.0
Interwest Consulting Group 44.5
Aoka Engineering 31.6
True North Compliance Services 43.5
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Scorecard for 21-RFP-CDD-453
Name of Proposer:
Max. Score Aggregate Score
15 15.0
10 10.0
10 10.0
10 9.8
5 4.5
50 49.3
Consultant’s References Quality and Responses Are the references from similar sized cities, are they provided the same or similar services as proposed, and how did the reference rate the proposing Consultant?
Overall Quality of the Response to the RFP Were the answers clear, concise, and well formulated? Does the proposal document make sense, is it structured well, and address all matters fully?
Consultant’s Cost Proposal Is the proposed cost proposal acceptable? Is the basis for the billing structure reasonable?
TOTAL
4LEAF, Inc.
Criteria
Consultant’s Understanding of the Scope of Services Does the proposal reflect a clear understanding of the proposed Scope of Services?
Consultant’s Corporate and Team Member Qualifications and Experience Do the qualifications and experience of the consultant firm and individual proposed team members demonstrate a quality that gives confidence of a high value and excellence of service delivery for the City?
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Scorecard for 21-RFP-CDD-453
Name of Proposer:
Max. Score Aggregate Score
15 15.0
10 10.0
10 10.0
10 9.5
5 4.8
50 49.3
Consultant’s References Quality and Responses Are the references from similar sized cities, are they provided the same or similar services as proposed, and how did the reference rate the proposing Consultant?
Overall Quality of the Response to the RFP Were the answers clear, concise, and well formulated? Does the proposal document make sense, is it structured well, and address all matters fully?
Consultant’s Cost Proposal Is the proposed cost proposal acceptable? Is the basis for the billing structure reasonable?
TOTAL
CSG Consultants
Criteria
Consultant’s Understanding of the Scope of Services Does the proposal reflect a clear understanding of the proposed Scope of Services?
Consultant’s Corporate and Team Member Qualifications and Experience Do the qualifications and experience of the consultant firm and individual proposed team members demonstrate a quality that gives confidence of a high value and excellence of service delivery for the City?
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Scorecard for 21-RFP-CDD-453
Name of Proposer:
Max. Score Aggregate Score
15 15.0
10 9.5
10 8.6
10 8.9
5 4.5
50 46.5
Consultant’s References Quality and Responses Are the references from similar sized cities, are they provided the same or similar services as proposed, and how did the reference rate the proposing Consultant?
Overall Quality of the Response to the RFP Were the answers clear, concise, and well formulated? Does the proposal document make sense, is it structured well, and address all matters fully?
Consultant’s Cost Proposal Is the proposed cost proposal acceptable? Is the basis for the billing structure reasonable?
TOTAL
Bureau Veritas
Criteria
Consultant’s Understanding of the Scope of Services Does the proposal reflect a clear understanding of the proposed Scope of Services?
Consultant’s Corporate and Team Member Qualifications and Experience Do the qualifications and experience of the consultant firm and individual proposed team members demonstrate a quality that gives confidence of a high value and excellence of service delivery for the City?
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Scorecard for 21-RFP-CDD-453
Name of Proposer:
Max. Score Aggregate Score
15 13.3
10 9.0
10 9.4
10 8.1
5 4.8
50 44.5
Consultant’s References Quality and Responses Are the references from similar sized cities, are they provided the same or similar services as proposed, and how did the reference rate the proposing Consultant?
Overall Quality of the Response to the RFP Were the answers clear, concise, and well formulated? Does the proposal document make sense, is it structured well, and address all matters fully?
Consultant’s Cost Proposal Is the proposed cost proposal acceptable? Is the basis for the billing structure reasonable?
TOTAL
Interwest Consulting Group
Criteria
Consultant’s Understanding of the Scope of Services Does the proposal reflect a clear understanding of the proposed Scope of Services?
Consultant’s Corporate and Team Member Qualifications and Experience Do the qualifications and experience of the consultant firm and individual proposed team members demonstrate a quality that gives confidence of a high value and excellence of service delivery for the City?
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Scorecard for 21-RFP-CDD-453
Name of Proposer:
Max. Score Aggregate Score
15 10.3
10 6.3
10 4.7
10 6.4
5 4.0
50 31.6
Consultant’s References Quality and Responses Are the references from similar sized cities, are they provided the same or similar services as proposed, and how did the reference rate the proposing Consultant?
Overall Quality of the Response to the RFP Were the answers clear, concise, and well formulated? Does the proposal document make sense, is it structured well, and address all matters fully?
Consultant’s Cost Proposal Is the proposed cost proposal acceptable? Is the basis for the billing structure reasonable?
TOTAL
Aoka Engineering
Criteria
Consultant’s Understanding of the Scope of Services Does the proposal reflect a clear understanding of the proposed Scope of Services?
Consultant’s Corporate and Team Member Qualifications and Experience Do the qualifications and experience of the consultant firm and individual proposed team members demonstrate a quality that gives confidence of a high value and excellence of service delivery for the City?
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Scorecard for 21-RFP-CDD-453
Name of Proposer:
Max. Score Aggregate Score
15 13.8
10 9.5
10 6.8
10 9.0
5 4.5
50 43.5
Consultant’s References Quality and Responses Are the references from similar sized cities, are they provided the same or similar services as proposed, and how did the reference rate the proposing Consultant?
Overall Quality of the Response to the RFP Were the answers clear, concise, and well formulated? Does the proposal document make sense, is it structured well, and address all matters fully?
Consultant’s Cost Proposal Is the proposed cost proposal acceptable? Is the basis for the billing structure reasonable?
TOTAL
True North Compliance Services
Criteria
Consultant’s Understanding of the Scope of Services Does the proposal reflect a clear understanding of the proposed Scope of Services?
Consultant’s Corporate and Team Member Qualifications and Experience Do the qualifications and experience of the consultant firm and individual proposed team members demonstrate a quality that gives confidence of a high value and excellence of service delivery for the City?
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
August 8, 2022
Date: July 19, 2022
TO: Safety and Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods SUBJECT: Modesto Municipal Code Update: Section 12-4.202(b)(2) CONTACT: Ashley Weaver, Recreation and Neighborhoods Services Manager, [email protected], 209-577-5428
DESCRIPTION:
Consider an Ordinance amending section 12-4.202(b)(2) of Article 2 to Chapter 4 of Title 12 of the Modesto Municipal Code relating to the use of parks and recreation areas and facilities to authorize the Director of Parks, Recreation and Neighborhoods to set hours of operations for all parks, trails, green space, and recreation facilities and forwarding to Council for approval. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:
This item is consistent with the following 2020-2025 Strategic Plan Area of Focus of Quality of Life and goal to improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and underlying issues.
BACKGROUND:
Section 12-4.202 of the Modesto Municipal Code provides general regulations governing the use of parks related to the specific use of park and recreation areas and facilities. Exceptions to certain regulations, such as driving or operating a vehicle, using fireworks, camping or lodging, and selling refreshments, to name a few, may be approved in advance in writing by the Director of Parks, Recreation and Neighborhoods (Director). The last update to Section 12-4.202 was adopted by the Council in 2008 by Ordinance No. 3472-C.S.
DISCUSSION:
The Parks, Recreation and Neighborhoods Department (PRND) is responsible for regulating the consistent use of City park and recreation facilities and amenities to ensure clarity, safety and security. The safety of the community, integrity of City property, in addition to posted and written #2..
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Safety & Communities Committee, August 8, 2022
Modesto Municipal Code Update: Section 12-4.202(b)(2)
protocols, ensure all visitors have an optimum experience. An area of concern, as expressed by the community, is regarding park hours.
City parks are planned and placed within communities and neighborhoods in order to provide many quality of life benefits to park visitors and the community in general. Currently, per the Modesto Municipal Code, all park hours are set from 6:00 a.m. to 10:00 p.m. However, daylight savings time changes can adversely impact visibility and safety in the City’s parks and trails systems. While most parks have some walkway, trail, and sports field lighting, some do not, and under the cover of darkness, attract illicit and illegal activity, including loitering, camping, controlled substance abuse, public disturbances, illegal dumping, littering and other adverse quality of life-related activities.
Given the complexity and diverse uses across the City’s parks and facilities, a “one size fits all” approach to park hours is not conducive to highest, best-use, of our City’s park and trail systems. After much consideration and review, staff’s recommendation to address the concerns of those visiting or living in close proximity to parks is to amend the Modesto Municipal Code to authorize the Director to set hours of operations for all parks based on the criteria noted above.
In addition, the amendment provides the community with expanded areas where these quality of life rules will now apply. These expanded areas include all trails, green-spaces, and recreational facilities. Furthermore, the amendment pertaining to hours will provide the necessary flexibility to adjust the hours, thus providing increased safety and an improved experience for the visitors of the City’s parks and green-space amenities. All affected locations identified for a change in hours would display updated signage and be posted on the City’s website.
FISCAL IMPACT:
In the event park hours are modified by the Director, the cost for each new sign is estimated at $50-75 per unit. Smaller vinyl overlays on current signs may be a viable option at $10-15 per unit.
Approved by:
Laurie A. Smith, Director of Parks, Recreation and
Neighborhoods
Joseph P. Lopez, City Manager
Attachments:
1. Draft Ordinance
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ORDINANCE NO. _____-C.S.
AN ORDINANCE AMENDING SECTION 12-4.202(b)(2) OF ARTICLE 2 TO CHAPTER 4 OF TITLE 12 OF THE MODESTO MUNICIPAL CODE RELATING TO USE OF PARK AND
RECREATION AREAS AND FACILITIES TO AUTHORIZE THE DIRECTOR OF PARKS,
RECREATION AND NEIGHBORHOODS TO SET HOURS OF OPERATIONS FOR ALL
PARKS, TRAILS, GREEN SPACE, AND RECREATION FACILITIES
The Council of the City of Modesto does ordain as follows:
SECTION 1. AMENDMENT OF CODE. Section 12-4.202(b)(2) of Article 2 to Chapter 4 of Title 12 of the Modesto Municipal Code is hereby amended to read as follows:
12-4.202. GENERAL REGULATIONS GOVERNING USE OF PARKS.
(b) Except as otherwise authorized by law, it shall be unlawful and a misdemeanor for any person, firm or corporation to do or cause or permit to be done any of the acts hereinafter specified within any park owned or operated by the City of Modesto.
(1) It shall be unlawful for any person to consume alcoholic beverages without a permit in any City-owned or operated park which has been conspicuously posted with signs alerting the public to this prohibition.
(2) No person shall remain in any park between the hours of 10:00 p.m. and 6:00 a.m. of the following day. The Director is authorized to set hours of operations for all parks, trails, green spaces, and recreation facilities. No persons shall remain in any park, trail, green space, or recreational facility outside the posted hours of operation.
(3) The prohibitions contained in subsection (b)(2) of this section will not apply to:
(i) Special use facilities, as may be posted by the
Department extending use hours;
(ii) Any person attending a meeting, entertainment
event, recreation activity, dance or similar activity
in such park, provided such activity is sponsored or
co-sponsored by the Department or permit therefor,
has been issued by the Department;
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(iii) Any person exiting such park immediately after the conclusion of any activity set forth in subsection
(b)(3)(ii) of this section;
(iv) Any peace officer or employee of the City while
engaged in the performance of his/her duties
SECTION 2. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of Modesto hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 3. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
SECTION 4. PUBLICATION. At least two (2) days prior to its final adoption, copies of this ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in The Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted.
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The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the ____ day of ____________, 2022, by Councilmember __________, who moved its introduction and passage to print, which motion being duly seconded by Councilmember , was upon roll call carried and ordered printed and published by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED: ______________________
SUE ZWAHLEN, Mayor
ATTEST:
BY: ______________________________________
DIANE NAYARES-PEREZ, City Clerk (SEAL)
APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the ___ day of ________, 2022, Councilmember ______________moved its final adoption, which motion being duly seconded by Councilmember ________________, was upon roll call carried and the ordinance adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED: __________________________
MAYOR SUE ZWAHLEN
ATTEST: ____________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: _________________, 2022
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