TOWN OF PORTOLA VALLEY
Regular Meeting of the Town Council
Wednesday, August 10, 2022
7:00 P.M.
Craig Hughes, Mayor
Sarah Wernikoff, Vice Mayor
Jeff Aalfs, Councilmember
Maryann Derwin, Councilmember
John Richards, Councilmember
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HYBRID MEETING
HISTORIC SCHOOLHOUSE - 765 Portola Road, Portola Valley, CA 94028 Remote Public Comments: Meeting participants are encouraged to submit public comments in writing in advance of the meeting. Please submit your comments using this online form by 1:00 PM on the day of the meeting. Time permitting, your correspondence will be uploaded to the website. All received questions will be forwarded to Council, Commission, or Committee members for consideration during the meeting and included in the public record.
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Assistance for People with Disabilities: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (650) 851-1700 or by email at [email protected]. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting.
Public Hearings: Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only issues you or someone else raised at the Public Hearing(s) described in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s).
Residents have asked if they are able to see a list of participants in Zoom webinar-meetings. Craig Hughes has put together a simple website integrated with Zoom data to provide this for Town webinars. You can visit the site at https://pv-zooms.rungie.com/ which will show a list of meetings. Clicking on a meeting will then display all participants in the meeting, as well as those who had been in the meeting but have left. The site will only show meetings once they have started and the first participant has joined.
1. CALL TO ORDER
2. REPORT OUT OF CLOSED SESSION
3. ORAL COMMUNICATIONS
Persons wishing to address the Town Council on any subject may do so now. Please note, however, that the Council is not able to undertake extended discussion or action tonight on items, not on the agenda. Speakers' time is limited to three minutes.
4. ANNOUNCEMENTS/PRESENTATIONS
a. Receive Presentation from San Mateo County Library System Regarding Excess Donor Funds
AMENDED AGENDA - Amended to include Attachments 1 and 2 to Item 5.i.
Town of Portola Valley – Council Agenda
August 10, 2022
5. CONSENT AGENDA
The following items are voted on at once by the body, unless a member of the body requests an item be considered separately. Members of the public are permitted to comment on any item on the consent calendar before the body votes on the consent agenda.
a. Approval of Action Minutes for the Special and Regular Meetings of July 5, July 13 and August 1, 2022
b. Approval of Warrant List
c. Adoption of a Resolution Confirming the State of Emergency and Need to Continue Conducting Town Public Meetings Remotely (a) A Resolution of the Town Council of the Town of Portola Valley Confirming Existing State of Emergency and Authorizing Continued Remote Public Meetings Under AB 361
d. Update the Town Council Priority Efforts List and Approve the Proposed Council Priority Reporting Process
e. Approve a Loan Agreement to Wayside II Road Maintenance District for Private Street Maintenance
f. Appointment of Members to the Historic Resources Committee and Wildfire Prevention Committee:
• Karen Askey (Parks & Recreation)
• Kristen Kingdom (Race & Equity)
• Musarrat Yasmin Rizvi (Nature & Science)
• Ronny Krashinsky – (Sustainability)
g. Authorize Extension of Five Existing Contracts for As-Needed Planning and Building and Public Works Related Services, Including Building Official, Building Plan Check, Code Enforcement, Inspection and Land Use Planning Services
h. Approve Amendment No. 2 to the Contract with Lamphier Gregory for Preparation of the Environmental Impact Report (EIR) for the Stanford “Wedge” Housing Project i. Approve a Contract Amendment with Lisa Wise Consulting, Inc. for Planning Services to Support the Housing Element Update
6. PUBLIC HEARING
a. Hold a Public Hearing to Review Proposed Fee Changes and Adopt a Resolution Revising the Town’s Master Fee Schedule to Amend the Town Attorney’s Planning Hourly Rate
7. REGULAR AGENDA
a. Adopt the Draft Evacuation Study and Direct Its Inclusion in the Ongoing Safety Element Update and Its Incorporation into Other Town Hazard and Disaster Planning Efforts b. Select a Council Subcommittee of Two Member to Negotiate the Upcoming Sheriff’s Contract
8. STUDY SESSION
a. Review Updates to the Green Building Ordinance and Provide Feedback and Guidance in Advance of a Public Hearing for Adoption of Amended Ordinance
9. COUNCIL LIAISON COMMITTEE AND REGIONAL AGENCIES REPORTS Oral reports arising out of liaison appointments to both in-town and regional committees and initiatives.
There are no written materials and the Town Council does not take action under this agenda item.
10. TOWN MANAGER REPORT
There are no written materials and the Town Council does not take action under this agenda item.
Town of Portola Valley – Council Agenda
August 10, 2022
11. WRITTEN COMMUNICATIONS
a. Town Council Digests – August 4, 2022
12. CLOSED SESSION
a. Closed session Conference Pursuant to Government Code §54957(b)(1) Regarding Public Employee Performance Evaluation of the Town Attorney
13. ADJOURNMENT
The next Regular Town Council meeting will be held on September 14, 2022 at 7:00 p.m.
TOWN OF PORTOLA VALLEY
Regular Meeting of the Town Council
Tuesday, July 5, 2022
6:00 P.M.
Craig Hughes, Mayor
Sarah Wernikoff, Vice Mayor
Jeff Aalfs, Councilmember
Maryann Derwin, Councilmember
John Richards, Councilmember
MINUTES
1. CALL TO ORDER – All Council Members were present.
2. ORAL COMMUNICATIONS
The following member of the public spoke during Oral Communications:
• Caroline Ettlinger
3. CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION ((Paragraph (1) of subdivision (d) of Section 54956.9)
Name of Case: Lloyd Rusty Day, Bruce Roberts, et al v. Town of Portola Valley, Portola Valley Town, Wildfire Preparedness Committee, et al, San Mateo County Superior Court Case No. 22 CIV – 02195.
No reportable action was taken for this item.
4. ADJOURNMENT – The meeting adjourned at 7:14 p.m.
The next Regular Town Council meeting will be held on July 13, 2022 at 7:00 p.m.
The meeting minutes were prepared by Melissa Thurman, Town Clerk, for approval at the regular meeting of August 10, 2022.
TOWN OF PORTOLA VALLEY
Regular Meeting of the Town Council
Wednesday, July 13, 2022
7:00 P.M.
Craig Hughes, Mayor
Sarah Wernikoff, Vice Mayor
Jeff Aalfs, Councilmember
Maryann Derwin, Councilmember
John Richards, Councilmember
MINUTES
1. CALL TO ORDER – All Councilmembers were present.
2. REPORT OUT OF CLOSED SESSION
There was no report out of Closed Session.
3. ORAL COMMUNICATIONS
The following members of the public spoke during Oral Communications:
• Rita Comes
• Danna
• Caroline Vertongen
• Liz Babb
4. ANNOUNCEMENTS/PRESENTATIONS
None
5. CONSENT AGENDA
The following member of the public spoke regarding the Consent Agenda:
• Caroline Vertongen
M/S Derwin/Richards to approve the Consent Agenda. Motion carried unanimously by roll call vote.
a. Approval of Action Minutes for the Regular Meeting of June 22, 2022 b. Approval of Warrant List
c. Adoption of a Resolution Confirming the State of Emergency and Need to Continue Conducting Town Public Meetings Remotely (a) A Resolution of the Town Council of the Town of Portola Valley Confirming Existing State of Emergency and Authorizing Continued Remote Public Meetings Under AB 361
d. Adoption of Resolution Calling for the Holding of the November 8, 2022 General Municipal Election
e. Approval of Purchase of Four Pickleball Nets in the Amount of $9,200 ($2,300 each) f. Adopt the FY 2022-23 Budget for the Woodside Highlands Road Maintenance District.
6. STUDY SESSION
a. Receive the Town Lobbyist Legislative/Budget Update
Audrey Ratajczak, Cruz Strategies, presented the update.
The following members of the public spoke during the item:
• Kristi Corley
• Karen Askey
Informational item only. No motion taken.
7. REGULAR AGENDA
a. Review the Draft Housing Element
Town of Portola Valley – Minutes
July 13, 2022
Laura Russell, Planning & Building Director, presented the report.
The Town Council took a brief recess at 9:13 p.m
The Town Council reconvened at 9:20 p.m.
The following members of the public spoke during the item:
• Jocelyn McArthur • Anne Ashmeal
• Rita Comes • Connie Ring
• Diana • Nona Chiariello
• Judith Murphy • George Savage
• Robin Murdoch • Liz Babb
• Peter Lipman • Mary Jack
• Jeremy Levine • Alexander Melendrez
• Nathan Chan • Kristi Corley
• Nan Shostak • Caroline Vertongen
• Mac Harman • Dale Pfau
• Judith Mendelsohn • Mary
• Todd Scheuer • Robin Murray
• Tim Clark • Jon Silver
• Karen Askey • Gary Morgenthaler
• Jonathan Buenemann • Trish Heald
• Louis Ebner • Andrea Young
• Maria • Jay
• Gregg Franklin • Betsy Morgenthaler
The Town Council took a brief recess at 11:23 p.m.
The Town Council reconvened at 11:30 p.m.
A majority of Town Council provided the following direction to staff:
• Formed a Subcommittee of the Mayor and Vice Mayor to work with staff on finalizing the buffer and units allocated to the Glen Oaks site.
• Requested staff to follow up with the property owner and tenant at Glen Oaks and Isola Riding Academy to evaluate options for maintaining horse operations. • Added limitations to the Opt-In Rezoning Program to limit projects to four units per site (rather than four units per acre) and require a discretionary review process. • Supported the Gateway Land Use designation recommended by Planning Commission for the Dorothy Ford Field and Open Space property and the Ladera Church property across the street. Planning for these two sites will take place together approximately two years into the Housing Element cycle. This will allow the Town to evaluate how Housing Element implementation is progressing prior to deciding how to develop Dorothy Ford Field and Open Space.
• Confirmed that there is not a proposal to build housing over the Ford Field Baseball Diamond. There may be an opportunity to rearrange the uses at the site and improve the baseball facilities with the overall project.
• Directed staff to submit the Draft Housing Element to the State Department of Housing and Community Development (HCD) upon completion of the revisions. b. Update the Town Council Priority Efforts List and Approve the Proposed Council Priority Reporting Process.
This item was continued to the regular meeting of August 10, 2022.
Town of Portola Valley – Minutes
July 13, 2022
8. COUNCIL LIAISON COMMITTEE AND REGIONAL AGENCIES REPORTS No reports were presented.
9. TOWN MANAGER REPORT
No report was presented.
10. WRITTEN COMMUNICATIONS
a. Town Council Digests – July 7, 2022
11. ADJOURNMENT – The meeting adjourned at 1:28 a.m.
The next Regular Town Council meeting will be held on August 10, 2022 at 7:00 p.m.
The meeting minutes were prepared by Melissa Thurman, Town Clerk, for approval at the meeting of August 10, 2022.
TOWN OF PORTOLA VALLEY
Special Meeting of the Town Council
Monday, August 1, 2022
1:00 P.M.
Craig Hughes, Mayor
Sarah Wernikoff, Vice Mayor
Jeff Aalfs, Councilmember
Maryann Derwin, Councilmember
John Richards, Councilmember
MINUTES
1. CALL TO ORDER – Councilmembers Derwin, Richards, Wernikoff and Mayor Hughes were present. Councilmember Aalfs was absent.
2. ORAL COMMUNICATIONS
There were no speakers during Oral Communications.
3. OPEN SESSION
a. Approve an Unconditional Commitment letter to Attorney Lawrence Jacobson in Response to His Letter of March 30, 2022.
Cara Silver, Town Attorney, presented the report.
The following members of the public spoke regarding the item:
• Rita Comes
• Karen
• Bob Turcott
M/S Wernikoff/Richards to approve an unconditional commitment letter to Attorney Lawrence Jacobson in response to his letter of March 30, 2022. Motion carried 4-0 by roll call vote with Councilmember Aalfs absent.
4. ADJOURNMENT – The meeting adjourned at 2:01 p.m
The next Regular Town Council meeting will be held on August 10, 2022 at 7:00 p.m.
The meeting minutes were prepared by Melissa Thurman, Town Clerk, for approval at the regular meeting of August 10, 2022.
apachreg Town of Portola Valley ntanori 07/21/2022 17:03 Page 1 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date TypeChecks for Cash Account: 910-11011-000 2374 15 ALANIZ CONSTRUCTION INC. 80,000.00 07/27/222375 20 ALLIANT INSURANCE SERVICES 648.00 07/27/222376 40 ASSOC OF BAY AREA GOVERNMENTS 2,011.00 07/27/222377 41 AT&T 274.85 07/27/222378 71 BW CONSTRUCTION 2,545.00 07/27/222379 75 CALIFORNIA BLDG STANDARDS COMM 554.40 07/27/222380 78 CALIFORNIA WATER SERVICE CO 35,622.60 07/27/222381 80 CALPERS 8,931.67 07/27/222382 92 CCAG 15,212.00 07/27/222383 95 CERPP 5,000.00 07/27/222384 113 CITY OF REDWOOD CITY 2,431.00 07/27/222385 121 SCA OF CA, LLC 5,235.03 07/27/222386 135 CSG CONSULTANTS INC 22,260.50 07/27/222387 156 DEPARTMENT OF CONSERVATION 1,750.11 07/27/222388 195 GOOD CITY COMPANY 29,263.75 07/27/222389 203 GREEN HALO SYSTEMS 114.00 07/27/222390 213 HILLYARD INC 1,120.00 07/27/222391 217 HUMAN INVESTMENT PROJECT 3,000.00 07/27/222392 234 J. W. ENTERPRISES 601.30 07/27/222393 247 JEFF MORGAN 1,000.00 07/27/222394 259 JOINT VENTURE S.V. NETWORK 1,000.00 07/27/222395 262 JORGENSON SIEGEL MCCLURE & FLE 54,393.75 07/27/222396 275 KRUPKA CONSULTING 1,600.00 07/27/222397 276 KUTZMANN & ASSOCIATES 5,776.29 07/27/222398 323 MIG-TRA 4,599.29 07/27/222399 324 MIRANDAS LANDSCAPE 24,304.24 07/27/222400 332 N.C.E. 3,150.00 07/27/222401 337 O. NELSON & SON INC. 12,060.00 07/27/222402 356 PENINSULA CONFLICT RESOLUTION 2,726.25 07/27/222403 361 PENINSULA VOLUNTEERS INC. 3,000.00 07/27/222404 367 PG&E 453.86 07/27/222405 403 RON RAMIES AUTOMOTIVE INC. 954.13 07/27/222406 428 SHARP BUSINESS SYSTEMS 220.03 07/27/222407 429 SHELLY SWEENEY 936.00 07/27/222408 437 SMALL BUSINESS BENEFIT PLAN TR 5,863.80 07/27/222409 447 STAPLES CREDIT PLAN 461.25 07/27/222410 456 SUSTAINABLE SILICON VALLEY 1,000.00 07/27/222411 457 SUSTAINABLE SM COUNTY 2,500.00 07/27/222412 489 VERIZON WIRELESS 432.18 07/27/222413 504 WOODSIDE & PORTOLA PRIVATE 520.00 07/27/222414 537 HOUSING ENDOWM. AND REG. TRUST 1,432.00 07/27/222415 683 STEPHEN GILLETT 10,000.00 07/27/222416 740 ALESSANDRO MORUZZI 240.00 07/27/222417 787 TMT ENTERPRISES, INC 40.28 07/27/222418 833 A-1 RHINO LININGS 8,917.19 07/27/22
apachreg Town of Portola Valley ntanori 07/21/2022 17:03 Page 2 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date Type 2419 849 KINGS MOUNTAIN ARBOR HEALTH 3,650.00 07/27/222420 851 LAWYERS TITLE COMPANY 3,000.00 07/27/222421 860 STEPFORD 1,960.00 07/27/22Check totals: 372,765.75ACH totals:EFTPS totals:Wire transfer totals:Payment Manager totals:GRAND TOTALS 372,765.75Check totals: 372,765.75ACH totals:EFTPS totals:Wire transfer totals:Payment Manager totals:GRAND TOTALS 372,765.75
.
apapdinv2 ntanori Town of Portola Valley Page 1
17:04 07/21/22 Paid Invoices by Date
From: 07/27/2022 to 07/27/2022
Check Check Special Information Net Check Total Invoice Number Date Number Amount Invoices
Paid
Vendor: 15 ALANIZ CONSTRUCTION INC.
07/27/22 2374 Asphalt Removal & Replacement - Wayside WHRMD 80,000.00 80,000.00 12005 Vendor: 20 ALLIANT INSURANCE SERVICES
2375 Qtrly Event Insurance 04/01/2022 - 06/30/2022 648.00 648.00 2022-Q2 Vendor: 40 ASSOC OF BAY AREA GOVERNMENTS
2376 FY 2022-2023 Annual Membership Dues 2,011.00 2,011.00 AR026132 Vendor: 41 AT&T
2377 June Statement 274.85 188.49 000018442741
June Statement 43.18 000018442740June Statement 43.18 9391026533 Vendor: 71 BW CONSTRUCTION
2378 Debris Boxes - Road Clean Up 10/21 2,545.00 1,250.00 1049 Remove & Rebuild Concrete Catch Basin - Santa Maria 21 & 31 1,095.00 1094Repair Damaged Culvert - 20 Tynan 200.00 1065 Vendor: 75 CALIFORNIA BLDG STANDARDS COMM
2379 Building Standards Administration Fee Report 554.40 554.40 Q2_2022 Vendor: 78 CALIFORNIA WATER SERVICE CO
2380 Water Service 05/11/22 - 06/10/22 35,622.60 18,288.40 MAY-2022 Water Service 06/11/22 - 07/12/22 17,334.20 JUN-2022
Vendor: 80 CALPERS
2381 July Unfunded Liability 8,931.67 8,931.67 100000016853255 Vendor: 92 CCAG
2382 FY22- 23 Annual Member Dues 15,212.00 15,212.00 20651 Vendor: 95 CERPP
2383 FY2022- 2023 Annual Contribution 5,000.00 5,000.00 FY2022-2023 Vendor: 113 CITY OF REDWOOD CITY
2384 June IT Support 2,431.00 2,431.00 284001
Vendor: 121 SCA OF CA, LLC
2385 June Qtrly Litter/Street Clean 5,235.03 5,235.03 103436CS Vendor: 135 CSG CONSULTANTS INC
2386 June Statement 22,260.50 22,260.50 JUN-2022
.
apapdinv2 ntanori Town of Portola Valley Page 2
17:04 07/21/22 Paid Invoices by Date
From: 07/27/2022 to 07/27/2022
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 156 DEPARTMENT OF CONSERVATION
2387 Strong Motion Instrumentation and Seismic Hazard Mapping Fee 1,750.11 1,750.11 Q2_2022 Vendor: 195 GOOD CITY COMPANY
2388 Planning Consultant Svcs - June 29,263.75 29,263.75 2746 Vendor: 203 GREEN HALO SYSTEMS
2389 July Hosting/Access 114.00 114.00 3736
Vendor: 213 HILLYARD INC
2390 Janitorial Supplies 1,120.00 682.90 604793317
Janitorial Supplies 437.10 604798436
Vendor: 217 HUMAN INVESTMENT PROJECT
2391 FY2022- 2023 Annual Contribution 3,000.00 3,000.00 FY2022-2023 Vendor: 234 J. W. ENTERPRISES
2392 Portable Lavs 06/20/22 - 06/29/22 601.30 152.24 242055 Portable Lavs 06/02/22 - 06/20/22 449.06 242054
Vendor: 247 JEFF MORGAN
2393 Replacement For Ck# 2207 - PV Palooza Music Festival 2022 1,000.00 1,000.00 06112022-VD Vendor: 259 JOINT VENTURE S.V. NETWORK
2394 FY2022- 2023 Annual Contribution 1,000.00 1,000.00 FY2022-2023 Vendor: 262 JORGENSON SIEGEL MCCLURE & FLE
2395 June Statement 54,393.75 54,393.75 JUNE-2022
Vendor: 275 KRUPKA CONSULTING
2396 On-Call Traffic & Transportation 06/01/22 - 06/30/22 1,600.00 1,600.00 1326 Vendor: 276 KUTZMANN & ASSOCIATES
2397 June Plan Checks 5,776.29 5,776.29 79993
Vendor: 323 MIG-TRA
2398 Consulting Svcs - 06/01/22 to 06/30/22, PV Ranch Frog Pond 4,599.29 4,599.29 0076116 Vendor: 324 MIRANDAS LANDSCAPE
2399 Fields Valve Replacements 24,304.24 1,044.24 2547
Trails Weeding Maintenance 23,260.00 2576
Vendor: 332 N.C.E.
2400 2022 Street Resurfacing Project Through 06/10/2022 3,150.00 3,150.00 424275504
.
apapdinv2 ntanori Town of Portola Valley Page 3
17:04 07/21/22 Paid Invoices by Date
From: 07/27/2022 to 07/27/2022
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 337 O. NELSON & SON INC.
2401 Trail Maintenance - Georgia Rd 12,060.00 2,380.00 236 Trail Renovation - Cervantes Rd 9,680.00 237
Vendor: 356 PENINSULA CONFLICT RESOLUTION
2402 FY2022- 2023 Annual Contribution 2,726.25 2,726.25 FY2022-2023 Vendor: 361 PENINSULA VOLUNTEERS INC.
2403 FY2022- 2023 Annual Contribution 3,000.00 3,000.00 FY2022-2023 Vendor: 367 PG&E
2404 June Statements 453.86 453.86 JUN-2022
Vendor: 403 RON RAMIES AUTOMOTIVE INC.
2405 June Fuel Statement 954.13 954.13 M20220630-3
Vendor: 428 SHARP BUSINESS SYSTEMS
2406 June Copies 220.03 220.03 9003880736
Vendor: 429 SHELLY SWEENEY
2407 Summer 2022 Classes 936.00 936.00 SUMMER-2022
Vendor: 437 SMALL BUSINESS BENEFIT PLAN TR
2408 August Dental/Vision 5,863.80 5,863.80 AUG-2022
Vendor: 447 STAPLES CREDIT PLAN
2409 June Statement 461.25 461.25 2814-JUN22
Vendor: 456 SUSTAINABLE SILICON VALLEY
2410 FY 2022- 2023 Annual Contribution 1,000.00 1,000.00 1812 Vendor: 457 SUSTAINABLE SM COUNTY
2411 FY 2022- 2023 Annual Contribution 2,500.00 2,500.00 2022-118 Vendor: 489 VERIZON WIRELESS
2412 June Cellular 432.18 432.18 9909672488
Vendor: 504 WOODSIDE & PORTOLA PRIVATE
2413 Traffic Control - PV Palooza 520.00 520.00 190683
Vendor: 537 HOUSING ENDOWM. AND REG. TRUST
2414 FY2022- 2023 Annual Contribution 1,432.00 1,432.00 693 Vendor: 683 STEPHEN GILLETT
.
apapdinv2 ntanori Town of Portola Valley Page 4
17:04 07/21/22 Paid Invoices by Date
From: 07/27/2022 to 07/27/2022
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
07/27/22 2415 Surety Deposit Refund, 479 Westridge 10,000.00 10,000.00 BLDR0256-2017-4 Vendor: 740 ALESSANDRO MORUZZI
2416 Summer 2022 Classes 240.00 240.00 SUMMER-2022
Vendor: 787 TMT ENTERPRISES, INC
2417 Finance Charge 40.28 40.28 12172-2
Vendor: 833 A-1 RHINO LININGS
2418 Truck Light Bar Parts & Installation 8,917.19 8,917.19 11834 Vendor: 849 KINGS MOUNTAIN ARBOR HEALTH
2419 ROW Tree Removal 3,650.00 3,650.00 953
Vendor: 851 LAWYERS TITLE COMPANY
2420 Parcel ID: 076-181-150, Replacement Ck# 2302 3,000.00 1,000.00 FLNP-62200748-V Parcel ID: 076-181-160, Replacement Ck# 2302 1,000.00 FLNP-62200746-VParcel ID: 076-184-030, Replacement Ck# 2302 1,000.00 FLNP-62200747-V Vendor: 860 STEPFORD
2421 July IT Support 1,960.00 1,960.00 2201397
Check Date Totals 372,765.75
Grand Total 372,765.75
TOWN OF PORTOLA VALLEY
Warrant Disbursement Journal
July 27, 2022
Claims totaling $372.765.75 having been duly examined by me and found to be correct are hereby approved and verified by me as due bills against the Town of Portola Valley.
Date _____________________________ ________________________________ Jeremy Dennis, Treasurer
Motion having been duly made and seconded, the above claims are hereby approved and allowed for payment.
Signed and sealed this (Date) _____________________
_______________________________ _________________________________ Melissa Thurman, Town Clerk Mayor
apachreg Town of Portola Valley ntanori 08/04/2022 11:19 Page 1 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date TypeChecks for Cash Account: 910-11011-000 2423 26 AMERICAN PLANNING ASSOCIATION 993.00 08/10/222424 39 ASCAP 390.00 08/10/222425 44 BANK OF AMERICA 3,089.24 08/10/222426 82 CAPIO 275.00 08/10/222427 115 CITY OF SOUTH SAN FRANCISCO 50.00 08/10/222428 124 COMCAST 454.59 08/10/222429 125 CONNIE STACK 1,099.20 08/10/222430 176 EXCEL LD 33.94 08/10/222431 236 JACKSON MILLS CONSTRUCTION 1,000.00 08/10/222432 292 LYNCH ELECTRIC & SONS INC 3,500.00 08/10/222433 324 MIRANDAS LANDSCAPE 2,440.00 08/10/222434 334 NOLTE ASSOCIATES INC 15,957.25 08/10/222435 372 PINNACLE BUILDING & DESIGN 1,000.00 08/10/222436 376 PORTOLA VALLEY HARDWARE 165.20 08/10/222437 406 RR DONNELLEY 331.40 08/10/222438 445 STANDARD INSURANCE CO. 572.52 08/10/222439 448 STATE COMP INSURANCE FUND 5,315.25 08/10/222440 489 VERIZON WIRELESS 432.76 08/10/222441 507 WOODSIDE PRIORY 1,000.00 08/10/222442 533 SMCCMA 400.00 08/10/222443 534 METROPOLITAN TRANS COMMISSION 2,000.00 08/10/222444 586 MERIJANE LEE 224.76 08/10/222445 667 ANDREW VINGIELLO 500.00 08/10/222446 739 WILLIAM UNGER 2,433.64 08/10/222447 740 ALESSANDRO MORUZZI 312.00 08/10/222448 756 ROSSETTAS ENTERPRISES INC 1,000.00 08/10/222449 847 LISA WISE CONSULTING 4,892.50 08/10/222450 859 KEITH ORCHARD 2,635.54 08/10/222451 877 ROSSI PAINTING & CONSTRUCTION 2,635.00 08/10/222452 878 DENISE BULLWINKEL 3,828.00 08/10/222453 879 ELIZABETH HOLMES 5,302.50 08/10/222454 880 CRAIG HEBERER 1,000.00 08/10/222455 881 ALON KRASHINSKY 5,000.00 08/10/222456 882 ERRIS PIPELINES 363.00 08/10/222457 883 NEXIUS SOLUTIONS, INC 5,475.00 08/10/222458 884 NADAV EIRON 1,133.22 08/10/222459 885 JOSHUA ALFARO 218.75 08/10/222460 886 TROY DOUTHIT 104.00 08/10/222461 887 RICHARD DEWEY JR 32.50 08/10/222462 888 PETER HARDING 725.00 08/10/222463 889 FORREST LINEBARGER 1,000.00 08/10/222464 890 MASTER CRAFT ROOFING 1,000.00 08/10/222465 891 NILIMA RAGAVAN 100.00 08/10/222466 892 PRECISION BUILDERS INC 1,000.00 08/10/222467 893 FCI CONSTRUCTION INC 1,000.00 08/10/22
apachreg Town of Portola Valley ntanori 08/04/2022 11:19 Page 2 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date Type Check totals: 82,414.76ACH totals:EFTPS totals:Wire transfer totals:Payment Manager totals:GRAND TOTALS 82,414.76Check totals: 82,414.76ACH totals:EFTPS totals:Wire transfer totals:Payment Manager totals:GRAND TOTALS 82,414.76
.
apapdinv2 ntanori Town of Portola Valley Page 1
11:20 08/04/22 Paid Invoices by Date
From: 08/10/2022 to 08/10/2022
Check Check Special Information Net Check Total Invoice Number Date Number Amount Invoices
Paid
Vendor: 26 AMERICAN PLANNING ASSOCIATION
08/10/22 2423 FY2022-2023 Annual Member Dues, L. Russell 993.00 993.00 215768-2273 Vendor: 39 ASCAP
2424 Music License FY 2022-2023 390.00 390.00 2023_RENEWAL Vendor: 44 BANK OF AMERICA
2425 June Statement 3,089.24 3,089.24 1388-JUN22
Vendor: 82 CAPIO
2426 Membership Renewal - K. Chinn, Through 8/6/23 275.00 275.00 16011 Vendor: 115 CITY OF SOUTH SAN FRANCISCO
2427 COC Dinner Meeting, M. Derwin 50.00 50.00 07222022 Vendor: 124 COMCAST
2428 WIFI 07.16.22 - 08.15.22 454.59 266.43 7290-JUL22
WIFI 07.21.22 - 08.20.22 188.16 1945-AUG22
Vendor: 125 CONNIE STACK
2429 Summer 2022 Classes 1,099.20 1,099.20 SUMMER-2022
Vendor: 176 EXCEL LD
2430 July Telephone LD Service 33.94 33.94 1193435699
Vendor: 236 JACKSON MILLS CONSTRUCTION
2431 Deposit Refund, 1 Creek Park 1,000.00 1,000.00 BLDR0220-2018 Vendor: 292 LYNCH ELECTRIC & SONS INC
2432 Replace Recessed Light Ballast - Library 3,500.00 3,500.00 2022.440 Vendor: 324 MIRANDAS LANDSCAPE
2433 Field Valve Replacement 2,440.00 400.00 2584
Fields Landscaping 2,040.00 2617
Vendor: 334 NOLTE ASSOCIATES INC
2434 May Applicant Charges & PW Support 15,957.25 15,957.25 MAY_2022 Vendor: 372 PINNACLE BUILDING & DESIGN
2435 Deposit Refund, 501 Portola #2J 1,000.00 1,000.00 BLDR0038-2022 Vendor: 376 PORTOLA VALLEY HARDWARE
2436 June Statement 165.20 165.20 193-JUN22
.
apapdinv2 ntanori Town of Portola Valley Page 2
11:20 08/04/22 Paid Invoices by Date
From: 08/10/2022 to 08/10/2022
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 406 RR DONNELLEY
2437 Envelopes 331.40 331.40 101219520
Vendor: 445 STANDARD INSURANCE CO.
2438 LTD/Life Premium 572.52 572.52 2022-JULY
Vendor: 448 STATE COMP INSURANCE FUND
2439 WC Premium, 07/19/22 - 08/19/22 5,315.25 5,315.25 1000669672 Vendor: 489 VERIZON WIRELESS
2440 July Cellular 432.76 432.76 9911993835
Vendor: 507 WOODSIDE PRIORY
2441 Deposit Refund, 104 Gambetta 1,000.00 1,000.00 BLDM0004-2022 Vendor: 533 SMCCMA
2442 SMCCMA Annual Dues, FY 2022-2023 400.00 400.00 FY2022-2023 Vendor: 534 METROPOLITAN TRANS COMMISSION
2443 StreetSaver Annual Subscription FY2022-2023 2,000.00 2,000.00 4926-AR12632 Vendor: 586 MERIJANE LEE
2444 Wildfire Preparedness Fair Expenses 05/14/2022 224.76 224.76 05142022 Vendor: 667 ANDREW VINGIELLO
2445 Deposit Refund, 35 Sioux 500.00 500.00 PW0007-2021 Vendor: 739 WILLIAM UNGER
2446 Deposit Refund, 20 Minoca 2,433.64 1,433.64 BLDR0190-2021 Deposit Refund, 20 Minoca 500.00 BLDR0190-2021-2Deposit Refund, 20 Minoca 500.00 BLDR0190-2021-3 Vendor: 740 ALESSANDRO MORUZZI
2447 Summer 2022 Classes 312.00 312.00 SUMMER-2022-2
Vendor: 756 ROSSETTAS ENTERPRISES INC
2448 Deposit Refund, 3 Horseshoe 1,000.00 1,000.00 BLDR0064-2022 Vendor: 847 LISA WISE CONSULTING
2449 Phase 1 Conceptual Site Plan - June 4,892.50 4,892.50 4275 Vendor: 859 KEITH ORCHARD
2450 Deposit Refund, 141 Santa Maria 2,635.54 1,000.00 PERMIT_14992 Deposit Refund, 141 Santa Maria 1,635.54 PERMIT_14992-2
.
apapdinv2 ntanori Town of Portola Valley Page 3
11:20 08/04/22 Paid Invoices by Date
From: 08/10/2022 to 08/10/2022
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 877 ROSSI PAINTING & CONSTRUCTION
2451 Interior Painting - Library/Substation 2,635.00 2,635.00 1670 Vendor: 878 DENISE BULLWINKEL
2452 Facility Refund, Cancelled Event 3,828.00 3,828.00 PRCH-22-2 Vendor: 879 ELIZABETH HOLMES
2453 Deposit Refund, 214 Grove 5,302.50 5,000.00 BLDM0002-2022 Deposit Refund, 214 Grove 302.50 PLN_PAR0005-201
Vendor: 880 CRAIG HEBERER
2454 Deposit Refund, 6 Portola Green 1,000.00 1,000.00 BLDR0002-2020 Vendor: 881 ALON KRASHINSKY
2455 Deposit Refund, 35 Possum 5,000.00 5,000.00 BLDM0011-2021 Vendor: 882 ERRIS PIPELINES
2456 Deposit Refund, 67 Hillbrook 363.00 363.00 PW0031-2018 Vendor: 883 NEXIUS SOLUTIONS, INC
2457 Deposit Refund, 475 Cervantes 5,475.00 2,342.50 PLN_USE0003-201 Deposit Refund, Various Cell Site Locations 790.00 PLN_PAR0008-201Deposit Refund, 840 Westridge 2,342.50 PLN_USE0002-201 Vendor: 884 NADAV EIRON
2458 Deposit Refund, 250 Cervantes 1,133.22 1,133.22 PLN_SITE0001-20 Vendor: 885 JOSHUA ALFARO
2459 Deposit Refund, 460 Cervantes 218.75 218.75 PLN_PAR0009-202 Vendor: 886 TROY DOUTHIT
2460 Deposit Refund, 180 Willowbrook 104.00 104.00 PLN_PAR0003-202 Vendor: 887 RICHARD DEWEY JR
2461 Deposit Refund, 857 Westridge 32.50 32.50 PLN_SITE0007-20 Vendor: 888 PETER HARDING
2462 Deposit Refund, 208 Corte Madera 725.00 725.00 PLN_PAR0011-202 Vendor: 889 FORREST LINEBARGER
2463 Deposit Refund, 151 Cervantes 1,000.00 1,000.00 BLDR0129-2019 Vendor: 890 MASTER CRAFT ROOFING
2464 Deposit Refund, 257 Mapache 1,000.00 1,000.00 BLDR0066-2022
.
apapdinv2 ntanori Town of Portola Valley Page 4
11:20 08/04/22 Paid Invoices by Date
From: 08/10/2022 to 08/10/2022
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 891 NILIMA RAGAVAN
2465 Facility Deposit Refund - Redwood Grove/Picnic Area 100.00 100.00 PROF-22-29 Vendor: 892 PRECISION BUILDERS INC
2466 Deposit Refund, 2 Portola Green 1,000.00 1,000.00 BLDR0086-2020 Vendor: 893 FCI CONSTRUCTION INC
2467 Deposit Refund, 151 Cervantes 1,000.00 1,000.00 BLDR0133-2020 Check Date Totals 82,414.76
Grand Total 82,414.76
TOWN OF PORTOLA VALLEY
Warrant Disbursement Journal
August 10, 2022
Claims totaling $82,414.76 having been duly examined by me and found to be correct are hereby approved and verified by me as due bills against the Town of Portola Valley.
Date _____________________________ ________________________________ Jeremy Dennis, Treasurer
Motion having been duly made and seconded, the above claims are hereby approved and allowed for payment.
Signed and sealed this (Date) _____________________
_______________________________ _________________________________ Melissa Thurman, Town Clerk Mayor
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Cara Silver, Town Attorney
DATE: August 10, 2022
RE: Adoption of Resolution Confirming the State of Emergency and Need to Continue Conducting Town Public Meetings Remotely
RECOMMENDATION
Staff recommends that the Town Council adopt the attached Resolution Confirming the State of Emergency and Need to Continue Conducting Town Public Meetings Remotely.
BACKGROUND
On September 16, the Governor signed AB 361, amending the Ralph M. Brown Act (Brown Act) to allow legislative bodies to continue to meet virtually during the present public health emergency. AB 361 is an urgency bill which goes into effect on October 1, 2021 and expires on January 1, 2024 (portions of the bill applying to the State legislature and school districts expire earlier). The bill extends the teleconference procedures authorized in Executive Order N-29-20 (set to expire September 30, 2021) during the current COVID-19 pandemic and allows future teleconference procedures under limited circumstances defined in the bill.
Effective October 1, 2021, cities must comply with AB 361 if they want to conduct remote meetings.
AB 361 applies to meetings during a proclaimed state of emergency and the legislative body has made a finding that meeting in person would "present an imminent risk to the health or safety of attendees". “State of emergency” is defined as a state of emergency declared by the Governor under Government Code Section 8625.
AB 361 requires several procedural safeguards, such as giving the public ability to address the legislative body directly, providing information on how to address the body, providing either a call-in or internet-based service option, requirement to stop meeting if call-in or internet-based option fails due to measures under the control of the Town, comments may not be required to be submitted in advance, and pre-registrations (except as required by callin or internet platform) are prohibited.
TOWN OF PORTOLA VALLEY
STAFF REPORT
TOWN OF PORTOLA VALLEY
Resolution Confirming Need to Conduct Remote Public Meetings August 10, 2022
Public members must be given a reasonable time to register to provide public comment and agencies that provide a timed public comment period shall not close the public comment period until that timed period has expired.
If the legislative body desires to continue using the teleconference exception, it must confirm the circumstances of the state of emergency 30 days after the first teleconference meeting and every 30 days thereafter.
DISCUSSION
Town staff has installed a new system in the Schoolhouse to accommodate hybrid remote meetings. This system has also been installed in the Community Hall. On April 27, 2022, the Council conducted its first hybrid meeting and plans to continue meeting this way.
However, some members of the Council, its commissions/committees, staff and the public may want to continue attending remotely. Given the continued presence of COVID-19 in the community, in person meetings would present an imminent risk to the health or safety of certain attendees.
AB 361 requires the Council to make a regular finding confirming the state of emergency and the need for continued remote meetings. Staff will therefore be agendizing this finding on every Council meeting agenda until a decision to transition to completely in person meetings has been made. Council will also be requested to make these findings on behalf of its commissions and committees as well, so there is a uniform policy on public meetings.
FISCAL IMPACT
There is no fiscal impact associated with continued remote meetings.
ATTACHMENT
1. Resolution
1 RESOLUTION NO. ____
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA
VALLEY CONFIRMING EXISTING STATE EMERGENCY AND AUTHORIZING CONTINUED REMOTE PUBLIC MEETINGS UNDER AB 361
The Town Council of the Town of Portola Valley does RESOLVE as follows:
WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency, as defined under the California Emergency Services Act, due to the COVID-19 pandemic and the State of Emergency remains in effect; WHEREAS, beginning in March 2020, the Governor’s Executive Order N-29-20 suspended Brown Act requirements related to teleconferencing during the COVID-19 pandemic provided that notice, accessibility, and other requirements were met, and the public was allowed to observe and address the legislative body at the meeting; WHEREAS, Executive Order N-08-21 extended the previous order until September 30, 2021;
WHEREAS, the Town Council and the Town’s boards, commissions, and committees have conducted their meetings virtually, as authorized by the Executive Order, since March 17, 2020;
WHEREAS, on September 16, 2021, Governor Newsom signed into law Assembly Bill 361 (“AB 361”), which provides that a local agency legislative body may continue to meet remotely without complying with otherwise-applicable requirements in the Brown Act related to remote/teleconference meetings by local agency legislative bodies, provided that a state of emergency has been declared and the legislative body determines that meeting in person would present imminent risks to the health or safety of attendees, and provided that the legislative body continues to make such findings at least every 30 days during the term of the declared state of emergency;
WHEREAS, Cal/OSHA COVID-19 Emergency Temporary Standards (“ETS”) require certain employers to implement social distancing requirements in the work place during the current COVID-19 pandemic; and effective February 14, 2022, the Town Manager issued updated work place guidelines imposing safety protocols on persons attending Town Hall facilities;
WHEREAS, in the last few months, while hospitalizations and severe illnesses have gone down, new COVID-19 variants have emerged and continued to impact the County’s hospital capacity;
WHEREAS, these variants are believed by medical experts to be even more contagious as previous variants, and data has shown the variant has increased transmissibility even among some vaccinated people;
2 WHEREAS, due to uncertainty and concerns about the continuing presence of COVID-19 variants, many workplaces that had announced a return to regular in-person operations have pushed back the full return date until later in the year or next year; WHEREAS, virtual meetings have not diminished the public’s ability to observe and participate and have expanded opportunities to do so for some communities; and WHEREAS, given the heightened risks of the predominant variant of COVID-19 in the community, holding meetings with all members of the legislative body, staff, and the public in attendance in person in a shared indoor meeting space would pose an unnecessary and immediate risk to the attendees.
WHEREAS, the Council has again reconsidered the circumstances of the state of emergency and finds that the state of emergency continues to impact the ability of members of the Town Council, commissions and committees and public to meet in person because there is a continuing threat of COVID19 to the community, and because Town meetings have characteristics that give rise to risks to health and safety of meeting participants (such as the increased mixing associated with bringing together people from across the community, the need to enable those who are immunocompromised or unvaccinated to be able to safely continue to participate fully in public governmental meetings, and the challenges with fully ascertaining and ensuring compliance with vaccination and other safety recommendations at such meetings);
WHEREAS, persons experiencing any potential symptoms of COVID-19, or who test positive but are asymptomatic, or who are exposed to someone with COVID19, should follow medical advice regarding self-isolation or self-quarantine, avoiding public gatherings such as in-person meetings of public agencies, and should be able to do so without sacrificing their right to participate in public business during periods of self-isolation or selfquarantine; WHEREAS, the onset of symptoms of COVID-19 or a positive test may occur too close to the start of a meeting for alternative arrangements for attendance to be made consistently with the Brown Act, such that a remote attendance option for public meetings should be maintained for as long as COVID transmission remains a potential risk of inperson meetings; WHEREAS, the Town Council has an important interest in protecting the health and safety of those who participate in public Town meetings; and WHEREAS, the Town Council finds that this state of emergency continues to directly impact the ability of members of the Town Council and its commissions and committees to meet safely in person and that meeting in person would present imminent risks to the health or safety of attendees, and the Council will therefore continue to invoke the provisions of AB 361 related to teleconferencing for meetings of the Town Council and its commissions and committees in order to provide its members as well as staff and members of the public with
3 the option of participating in its meetings remotely whenever necessary or advisable for them to do so.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Portola Valley that:
1. The Town Council adopts the recitals set forth above as findings of fact.
2. The Town Council finds that meeting in person would present imminent risks to the health or safety of attendees.
3. In accordance with AB 361, based on the findings and determinations herein, meetings of the Town Council and Town commissions and committees will be held virtually, either completely or partially, with Brown Act teleconferencing rules suspended.
4. Staff is directed to return no later than thirty (30) days after the adoption of this resolution to consider making the findings required by AB 361 in order to continue meeting under its provisions.
PASSED AND ADOPTED this 10th day of August 2022.
By: _________________________
Craig Hughes, Mayor
ATTEST:
____________________________
Melissa Thurman, MMC
Town Clerk
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Melvin E. Gaines, Assistant Town Manager
DATE: August 10, 2022
RE: Council Priority Update Process
RECOMMENDATION
Staff recommends that the Town Council add five existing Town efforts to the Council Priority Efforts list and approve the proposed Council Priority reporting process.
BACKGROUND
Since Fiscal Year 2015-16, the Town Council has undertaken a priority-setting process that consists of the Council identifying high-level strategic priorities with specific efforts that support those priorities over the fiscal year. This selection of top priorities has been an effective way of directing resources, aligning staff efforts, and communicating clearly about the Town’s areas of focus. Council priorities guide the Town’s budget development and Town Council’s appropriation of budget resources and are a tool that the public can use to understand the Council’s focus and track progress on meeting those goals.
On March 23, 2022, the Town Council adopted the FY 2022-23 Council Priorities (Attachment 1). The FY 2022-23 Council Priorities include five strategic priorities that each have corresponding actions or projects. In total, the five FY 2022-23 Council Priorities include 30 Council Priority Efforts (Actions/Projects/Programs). • Wildfire/Emergency Preparedness: 11 Actions/Projects/Programs • Diversity, Equity, and Inclusion: 1 Action/Project/Program • Land Use Projects and Programs: 5 Actions/Projects/Programs • Sustainability: 5 Actions/Projects/Programs
• Operational and Service Delivery Enhancements: 8 Actions/Projects/Programs
TOWN OF PORTOLA VALLEY
STAFF REPORT
TOWN OF PORTOLA VALLEY
Town staff and volunteers provide many services and fulfill various tasks beyond those identified as Council Strategic Priority Efforts. Services like Town property maintenance, code enforcement, accounting, payroll, responding to public requests, current planning, facilitating public meetings, and permit issuance are essential to Town operations and represent the majority (80-plus percent) of staff work. Were Town operations compared to an iceberg, the Council Strategic Priorities would represent the section of the iceberg that is visible above water, while most of the essential services that the Town provides supporting day-to-day operations, like the underwater portion of an iceberg, are typically unnoticed when the Town is operating well. Service enhancements and modifications to day-to-day operations, like the FY 2022-23 Council Priority Effort to transition IT service from the City of Redwood City, are often identified as Council Priority Efforts as they are non-routine.
Council Priorities Reporting
Regular reporting on Council Priorities is fundamental to the Council and the public staying informed of the Town’s progress toward achieving priorities and managing financial and staff resources. At minimum, such reporting should occur biannually. Reporting on routine dayto-day operations is also essential to resource allocation and performance management but may occur less frequently, e.g., annually or biennially.
The Council may desire to receive regular updates on additional Town efforts that are currently planned or underway but not listed as FY 2022-23 Council Priority Efforts. Staff has identified five existing Town efforts related to Council Priorities that could be added to Council Priority Effort list and regularly reported on. Staff seeks Council direction on whether to add these or any additional efforts to the priority list; the desired content of Council Priority updates; the frequency that updates should be provided; and the process(es) for providing updates.
Strategic Priorities
Essential Services
DISCUSSION
Updates on Additional Items
The FY 2022-23 Council Priorities (Attachment 1) include 30 corresponding efforts (Actions/Projects/Programs). These efforts represent about 20 percent of staff’s workload while the other 80-percent consists of numerous services that support day-to-day operations. Staff has identified five existing Town efforts related to Council Priorities that could be added to Council Priority Effort list. The Council may desire to receive regular updates on additional efforts that staff is currently undertaking which are not documented as Council Priority Efforts. The Town Council should identify any such efforts and direct staff to add them to the priority list. If a project is not underway or planned for this fiscal year, the Council should consult staff and consider the workload impacts of undertaking the project before adding it as a project to receive updates on.
The five existing projects that may be added the Council Priority Efforts list include:
Council Priority: Operational and Service Delivery Enhancements • Develop an in-lieu fund policy
• Explore and implement strategies to increase revenue to support increased resource needs
• Annual Financial Audit
Council Priority: Wildfire/Emergency Preparedness
• Develop a draft wildfire mitigation matching program in response to the November 10, 2021 Colleagues Memo
Council Priority: Diversity, Equity, and Inclusion
• Implement PV Cares
Council Priorities Reporting Frequency, Content, and Process Staff proposes to provide quarterly project progress updates to the Town Council, as follows. • October 2022: Quarter One Report (July 2022 – September 2022) via Council Digest • January 2023: Quarter Two/Mid-Year Report (July 2022-December 2022) via report and presentation at a Council meeting
• April 2023: Quarter Three Report (July 2022-March 2023) via report and presentation at a Council meeting to discuss FY 2023-2024 Council Priorities. • July 2023: Quarter Four/FY 2022-23 Council Priorities Close Out Report via Council Two updates would be made at council meetings: 1) the mid-year update and 2) the quarter three update. The quarter one and quarter four updates would be informational reports provided through the Council Digest. All updates would be added to the Town Council Priorities webpage.
The format of the report could include summary narrative followed by updates for each project, like the following:
...During the first quarter of FY 2022-23, staff began 19 of 30 priority efforts. None of these efforts are completed. 11 projects have not begun...
Table X: Summary of Project Status Count
Projects Completed 0
Projects in Progress 19
Projects Not Started 11
Total Projects 30
Council Priority: Operational and Service Delivery Enhancements Priority Effort: Examine Town project management approaches, identify and implement actions to better communicate project updates to Town council and the public Lead
Department/Staff
Anticipated
Timeline
Status Update Next Steps
Town Manager’s
Office/M. Gaines
July 2022 –
April 2023
In
progress
Presented proposed
approach to Council
7/13/2022.
- Implement council direction.
- Q1 update (10/2022)
- Q2 update (01/2023)
- Q3 update (04/2023)
- Q4 update (07/2023)
The above format identifies lead departments and staff for priority efforts; however, most major projects require contributions from multiple departments/staff members. The anticipated timelines provided would be tentative. Competing priorities and interruptions from other factors may pressure timelines and require adjustments. Descriptions of such adjustments would be provided in the update and next steps fields.
Conclusion
Staff seeks Council direction on any additional Town efforts that regular updates should be provided for, the content and frequency of updates, and the process(es) for providing updates. The Council may direct staff to add the five projects listed in the Updates on Additional Items section of this report and to provide updates in the frequency and format described in the Council Priorities Reporting Frequency, Content, and Process section.
FISCAL IMPACT
There is no fiscal impact associated with this item.
ATTACHMENTS
1. Town of Portola Valley Council Priorities for FY 2022-23
Wildfire/Emergency
Preparedness
Operational
and Service
Delivery
Enhancements
Sustainability
Land Use Projects
and Programs
Diversity, Equity,
and Inclusion
Town of Portola Valley
Council Priorities
FY 2022-2023
The Town of Portola Valley’s Council Priorities were created through careful deliberation of the Town Council with input from the Community, Town Committees, and staff. The five strategic priorities help establish the top projects and guide the Town based on a shared vision for the Fiscal Year 2022-23.
Stanford Wedge and other major projects
Housing Element Update
Design Guideline changes to support home hardening ordinance Provide support to Sustainability and Trails Committees to develop ADU checklists
Preparation work to support zoning code modernization efforts for FY 2023-24
Land Use Projects and Programs
A significant amount of the Town’s resources are utilized to support day-to-day planning, building and engineering efforts. These resources support all manner of development, from small changes to a single-family property to larger multifamily proposals.
Recognition of these efforts, including large land-use proposals, updates to the Town’s Housing Element, and other important work, though this priority demonstrates an important focus to quality and timely service delivery.
Implementation of new/expanded Wildfire Preparedness
Committee recommendations, including exploration of a
permanent funding source for wildfire adaptation/mitigation measures including public and private vegetation management Completion and implementation of the State mandated Safety Element
Implementation of expanded home hardening and defensible space code updates, in conjunction with Woodside Fire
Protection District efforts
Review Woodside Fire Protection District’s updated fire maps.
Support of the resource grant from Community Partners
Assistance for Wildfire (CPAW), including the potential for a Woodside Fire Protection District-wide Community Wildfire Protection Plan
Additional planning efforts, including detailed wildfire behavior modeling (either at the Town or Fire District level)
Implementation of and potential follow up work for the
evacuation study
Launching the Veoci virtual emergency operations center tool, and providing infrastructure support for WPV-Ready, as guided by the Emergency Preparedness Committee
Expanded vegetation management for wildfire mitigation, including targeted trees and the Town’s open space properties Adoption of Fire Code Updates
Further exploration of undergrounding Town utilities
Wildfire/Emergency Preparedness
The Town’s location in a wildfire-prone region, and the broadening impacts of climate change result in the potential of a devastating wildfire in Portola Valley. The Town’s continued prioritization of wildfire adaptation and mitigation efforts will continue into FY 2022- 23 and beyond.
Recruiting, hiring, and onboarding staff in Planning and Building and Public Works departments
Supporting Town Council public engagement enhancement
efforts
Adjusting service delivery and implementing COVID responsive operations as necessary
Contracting with and managing necessary consultants to assist with major projects and reduce staff administrative
responsibilities in order to focus on core service deliveries Use of virtual assistant tools (in beta test at the time of this staff report’s publication) to focus limited staff resources on core responsibilities
Explore options to better serve and utilize Town committees and their operations
Examine Town project management approaches, identify and implement actions to better communicate project updates to Town council and the public
Implementing technological and software improvements to increase staff productivity and provide enhanced
communications and greater transparency. This includes:
Operational and Service Delivery
Enhancements
The Town Council has committed significant resource over the last few years to expand on the high quality public service expected by applicants. This priority focuses on a variety of improvements across the organization to build on successful communications efforts, increased project management, and focus on appropriate staffing to support these services.
Climate action plan
Microgrid for Town Center Campus
Solar Panel upgrade for Town Center
Adoption of Green Building Ordinance
Adoption of Sustainability Committee recommendations
including preparing for drought
Sustainability
The Town is a leader in sustainability efforts. Additional efforts are under consideration to continue the Town’s leadership role to ensure that sustainability is always central to the Town’s ethos and high-level project efforts.
Diversity, Equity, and Inclusion
Following the creation of a new committee to address race and equity issues, the Town Council continues its commitment to consider diversity, equity, and inclusion (DEI) when developing ordinances, policies, programs and projects
Implementation of the new cloud-based Energov permit
tracking software.
Adoption of project management tools
Launching Veoci virtual emergency operations center tool Website review and reorganization
Determining the appropriate service model and transitioning IT services from City of Redwood City.
Facility Maintenance – Develop a comprehensive multi-year facility maintenance program.
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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Jeremy Dennis, Town Manager
DATE: August 10, 2022
RE: Approval of Loan Agreement to Wayside II Road Maintenance District
RECOMMENDATION
Staff recommends that the Town Council, acting on behalf of the Town of Portola Valley, on the one hand, and the Board of Directors of the Wayside II Road Maintenance District, on the other hand, enter into a Loan Agreement in the amount of $137,870 to the Wayside II Road Maintenance District for road re-surfacing (Attachment 1).
BACKGROUND
Four road maintenance districts exist in Portola Valley to support the needs of private road systems. Three of the four are in the Woodside Highlands (Wayside I and II, and the Woodside Highlands RMDs), and one in the Corte Madera neighborhood (Crescent RMD).
The RMDs were created in the late 1960s-early 1970s to provide a mechanism to support a separately funded parcel tax assessment to be used to maintain and repair the respective road systems. The Town acts as a “bank”, providing access and accounting services to the RMDs, and the Town Council serves as the Board of Directors of each RMD to approve annual budgets.
The Wayside II Road Maintenance District serves the majority of Wayside Road, with a few homes located near the intersection of Wayside and Portola Roads in the Wayside I RMD.
DISCUSSION
The Town was contacted by Wayside II RMD officials in late April 2022 regarding work they had organized for late May 2022 to slurry seal and make base asphalt repairs after determining that the RMD did not have enough funds to support their project.
The Town has provided loans to the Wayside II RMD in the past, most recently (according to accessible records) in 1997 and 2001.
TOWN OF PORTOLA VALLEY
STAFF REPORT
TOWN OF PORTOLA VALLEY
The total request from the RMD to the Town is $137,483.20 for a project totaling approximately $227,000. Wayside I RMD also contributed to the funding through a separate arrangement with Wayside II RMD.
As time was of the essence to complete the work on the schedule determined by the Wayside I RMD, the Town Council approved the loan in concept on June 8, 2022 and directed the Town Manager to negotiate and finalize the loan agreement.
Under the terms of the Loan Agreement, the loan will be paid back in ten years, with interest based on the latest published Local Agency Investment Fund (LAIF) yield from June, 2022 of .861%. Thus, the total payment is 138,666.93, including interest of $1183.73 for the ten-year period.
FISCAL IMPACT
The Town’s General Fund reserves will be reduced by ($137,483.20) to support the loan request. The Wayside II RMD will reimburse the Town for the legal and administrative expenses incurred in connection with this loan in the amount of $5,000.
ATTACHMENT
1. Loan Agreement
Loan Agreement
This Loan Agreement (“Agreement”) is made and entered into by and between the WAYSIDE II ROAD MAINTENANCE DISTRICT (“Borrower”) and the TOWN OF PORTOLA VALLEY, a municipal corporation (“Lender”) (hereinafter collectively referred to as the “Parties”), as of August 11, 2022 (“Effective Date”).
RECITALS
WHEREAS, Wayside Road in Portola Valley is a privately-owned road and was never accepted or maintained by the County of San Mateo or the Town of Portola Valley;
WHEREAS, in July 1997, the Town Council, acting as the Governing Board for Borrower’s District, adopted Ordinance No. 1997-301, ordaining that the private roads in Borrower’s District have never been accepted by the Town and need to continue to be maintained, and to this end imposing special taxes for private road maintenance on each improved parcel in Borrower’s District. Such Ordinance was subject to approval b two-thirds of the voters within Borrower’s District;
WHEREAS, On November 4, 1997, two-thirds of the voters voting within the Borrower’s District approved Ordinance No. 1997-301, enacting the taxes; WHEREAS, in June 2012, more than two-thirds of the voters within Borrower’s District approved Measure V, increasing their district’s special tax; WHEREAS, on an annual basis, the San Mateo County Controller’s Office requires the submittal of updated assessment information and resolutions authorizing the tax collector to collect the taxes at the same time and in the same manner as the general county taxes are collected;
WHEREAS, each improved parcel within Borrower’s District is required to remit $950 annually;
WHEREAS, on or about October 27, 2021, Borrower entered into a construction contract with Alaniz Construction (Contractor) to provide for the private road maintenance on Wayside Road (“Construction Contract”); and WHEREAS, Borrower requires a loan from the Lender to be repaid with the special taxes to pay for the Construction Contract for private road maintenance.
AGREEMENT
In consideration of the mutual benefits contained in this Loan Agreement, the Parties hereby agree as follows:
1. Loan. Lender shall lend Borrower the sum of One Hundred Thirty-Seven Thousand Four Hundred and Eighty-Three Dollars and Twenty Cents ($137,483.20) with interest thereon of .861%, the rate of return published by the Local Agency Investment Fund (LAIF) as of June 2022. Borrower shall repay the loan together with applicable interest in annual payments of $13,866.70 for a period of ten (10) years beginning on or before June 15, 2022 in accordance with the repayment schedule attached and incorporated as Exhibit A.
2. Loan Repayment. The Parties agree that the annual loan payments set forth in Exhibit A shall be made on or before June 15, 2022, by a transfer between the Road Maintenance II account to the Town’s General Account. The Parties authorize the Town Manager or designee to automatically make such transfers during the term of this Agreement.
3. Costs and Expenses. Borrower agrees to pay Five Thousand Dollars ($5,000) to Lender as a loan origination fee to reimburse Lender’s costs in preparing, negotiating and executing this Agreement. This fee is due and payable at the time of loan funding and is in addition to the interest payable pursuant to the terms and conditions of paragraph 1.
4. Borrower Covenants. During the term of this loan, Borrower covenants and agrees to use the loan proceeds to pay the Contractor and to keep the property free of mechanic’s liens. Borrower also covenants and agrees to oversee the construction work.
5. Default Remedies. If Borrower does not make scheduled payments, then Lender has the right to retain the annual tax assessment funds until the unpaid amount is paid in full.
6. Dispute Resolution. If any claim or dispute arises out of this Agreement the parties shall meet and confer in an attempt to resolve. Each party shall designate one person to participate in such meeting. The meeting shall take place within ten (10) business days of a written request sent by either party. Such meet and confer shall be a condition precedent to the institution of legal or equitable proceedings by either Party.
7. Successors. This Agreement shall be binding on and shall inure to the benefit of the successors, assigns, heirs, personal representatives, and beneficiaries of the Parties.
8. Waiver. The waiver by any party of the performance of any covenant, condition, or promise herein shall not invalidate this Agreement nor shall it be considered a waiver by such party of any other covenant, condition, or promise herein.
The waiver by any party of the time for performing any acts shall not constitute a waiver of the time for performing any other act or an incidental act required to be performed at a later time. The exercise of any remedy provided by law or by the provisions of this Agreement shall not exclude other consistent remedies unless they are expressly excluded.
9. Lender’s Reservation of Rights. Town is acting solely in the capacity of Lender and does not take on any liability regarding the design or maintenance of the construction work. Lender’s issuance of the loan shall not constitute an ownership interest in the roadway or improvements. Lender is not responsible for any claims by the Contractor or its subcontractors or any third party claims relating to the construction work.
10. Indemnification. To the fullest extent permitted by law, Borrower shall indemnify, defend (with independent counsel approved by Lender) and hold harmless Lender, and its elective or appointive boards, officers, employees, agents and volunteers against any claims, losses, or liability that may arise out of or result from damages to property or personal injury in connection with the Construction Contract or received by reason of the acts or omissions of Borrower or Borrower’s officers, employees, agents or subcontractors. The provisions of this Section survive completion of the services or the termination of this Agreement.
11. Prior Agreements and Amendments; Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between the Parties. This Agreement supersedes all prior oral and written negotiations, representations, or agreements. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by a written amendment duly executed by the parties to this Agreement.
12. Severability. Invalidation of any one or more of the provisions of this Agreement by judgment or court order shall, in no way, affect any of the other provisions hereof, which shall remain in full force and effect.
13. Counterparts. This Agreement may be executed digitally in counter parts and transmitted via facsimile or PDF electronically, each of which together shall constitute an original.
14. Applicable Law. This Agreement is to be construed and enforced under the laws of the State of California.
15. Notices. Either of the Parties may give notice to the other party by email transmission with a confirmation, first class mail postage prepaid, personal delivery, or express delivery by a delivery service such as Federal Express. Notice shall be deemed accomplished upon receipt; provided, however, notice given by first class mail shall be //
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deemed received two (2) days after deposit in the U.S. mail, first class postage prepaid to addresses set forth below:
WAYSIDE II ROAD MAINTENANCE DISTRICT
Attention: Vice Mayor
765 Portola Road
Portola Valley, CA 94028
TOWN OF PORTOLA VALLEY
Attention: Town Manager
765 Portola Road
Portola Valley, CA 94028
In reliance on each other’s good faith cooperation, the Parties have entered into this Agreement, as of the Effective Date.
WAYSIDE II ROAD MAINTENANCE
DISTRICT
By: ______________________________
Sarah Wernikoff, Vice Mayor
ATTEST
By: ________________________________
Melissa Thurman, MMC
Town Clerk
TOWN OF PORTOLA VALLEY
By:______________________________
Jeremy Dennis, Town Manager
Exhibit A
REPAYMENT SCHEDULE
Payment 1 (due on or before June 15, 2023): $13,866.70
Payment 1 (due on or before June 15, 2024): $13,866.70
Payment 1 (due on or before June 15, 2025): $13,866.70
Payment 1 (due on or before June 15, 2026): $13,866.70
Payment 1 (due on or before June 15, 2027): $13,866.70
Payment 1 (due on or before June 15, 2028): $13,866.70
Payment 1 (due on or before June 15, 2029): $13,866.70
Payment 1 (due on or before June 15, 2030): $13,866.70
Payment 1 (due on or before June 15, 2031): $13,866.70
Payment 1 (due on or before June 15, 2032): $13,866.70
______________________________________________
PRINCIPAL PLUS INTEREST TOTAL: $138,667.00
*No penalties for pre-payment.
Melissa Thurman
From:
Sent:
To:
[email protected]
Friday, July 15, 2022 6:57 PM
Town Center
Subject: Committee Application
A new e ntry to a form/survey has been submitted.
Form Name: Committee Application
Date & Time: 07/15/2022 6:56 PM
Response#: 163
Submitter ID:
IP address:
6753
2601:647:6000:28d0:bl e0:4f7:7a9f:8b6d
Time to complete: 13 min. , 2 sec.
Survey Details
Name of committee which I am interested in serving on (please note that only committees currently seeking volunteers are listed):
(o ) Parks & Recreation
Applicant Information
Full Name
Email Address
Street Address
City/Zip
Number of years in
Portola Valley
Cell Phone
Home Phone
Karen Askey
Portola Valley
19 Other Phone Not answered
Emergency Preparedness ? Lance VaughanPreferred Phone Contact Number (o )Cell
Please state why you have an interest in this committee, and state any background or experience you may have that may be useful in your service to this committee.
I have become more involved in town meetings and government t his past year, and now have more time to dedicate to serve our community. With respect to Parks & Rec, I have played in the Adult Softball league (unt il I to re my plantar fascia running to 1st base), e njoyed Pickleball lessons and socials, and had kids in Alpine Little League a nd AYSO soccer. I'm a n Alpine Hills member, where you'll find me swimming and playing tennis & pickleball as well. Our family has participated in Zott's to Tots a nd t he Town Picnic, as well volunteering with Boy Scouts and serving food to the masses. We love Portola Valley and all it offers!
1
If I am selected to the Parks & Rec Committ ee, I would like to explore some new activities that continue to build community, such as bocce ball (think social leagues at cocktail hour :-)) a nd bridge/card tourneys or the like. Maybe a Town Bingo night? Do you have any personal or financial interest that could be perceived by others as a conflict of interest relative to your service on the committee? If so, please describe.
Not to my knowledge.
TIME COMMITMENT: Generally committees meet monthly and require a significant time commitment and participation at regular meetings. Please consider this level of commitment when evaluating your interest in serving on one of the Town's Committees.
New Text Information
Thank you,
Portola Valley, CA
This is an automated message generated by Granicus. Please do not reply directly to this email. 2
Melissa Thurman
From:
Sent:
To:
[email protected]
Thursday, July 14, 2022 3:04 PM
Town Center
Subject: Committee Application
A new e ntry to a form/survey has been submitted.
Form Name:
Date & Time:
Response#:
Submitter ID:
IP address:
Committee Application
07/14/2022 3 :03 PM
162
6750
2601 :647 :6100:2fe0:1b2 :4f56:66b6:5179
Time to complete: 55 min. , 7 sec.
Survey Details
Name of committee which I am interested in serving on (please note that only committees currently seeking volunteers are listed):
(o) Race and Equity
Applicant Information
Full Name
Email Address
Street Address
City/Zip
Number of years in
Portola Valley
Cell Phone
Home Phone
Other Phone
Kirsten Kingdon
Portola Valley, CA 94028
Nine
Not answered
Emergency Preparedness Not answered
Preferred Phone Contact Number
(o) Home
Please state why you have an interest in this committee, and state any background or experience you may have that may be useful in your service to this committee.
I've been interested in racial justice since I was in high school a nd college during the Civil Rights struggles of the 1950s a nd 1960s. When I served as the national Execut ive Director of PFLAG (Parents, Families, and Friends of Lesbians and Gays) from 1998 to 2002, issues of racial a nd ethnic equity wit hin the movement were much discussed, and we worked hard to understand t he issues and be more inclusive. Since moving to the Sequoias Portola Valley in 2013, I've been very interested in Portola Valley history and have been part of discussions seeking ways to understand and address our lack of racial and ethnic diversity. I'm also a member of Valley Presbyterian Church, which has become a Matthew 25 church committed, 1
among other t hings, to dismantling structural racism. Our Matthew 25 Team, of which I'm a member, is working towards t hat goal.
Do you have any personal or financial interest that could be perceived by others as a conflict of interest relative to your service on the committee? If so, please describe.
No.
TIME COMMITMENT: Generally committees meet monthly and require a significant time commitment and participation at regular meetings. Please consider this level of commitment when evaluating your interest in serving on one of the Town's Committees.
New Text Information
Thank you,
Portola Valley, CA
This is an automated message generated by Granicus. Please do not reply directly to this email. 2
Melissa Thurman
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Friday, July 29, 2022 11 :34 AM
Town Center
Subject: Committee Application
A new e ntry to a form/survey has been submitted.
Form Name:
Date & Time:
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Committee Application
07/29/2022 11:33 AM
165
6758
98.37.248.214
Time to complete: 7 min. , 14 sec.
Survey Details
Name of committee which I am interested in serving on (please note that only committees currently seeking volunteers are listed):
(o ) Sustainability
Applicant Information
Full Name
Email Address
Street Address
City/ Zip
Number of years in
Portola Valley
Cell Phone
Home Phone
Other Phone
Ronny Krashinsky
Portola Valley, 94028
1.5 Not answered
Emergency Preparedness Not answered
Preferred Phone Contact Number
(o )Cell
Please state why you have an interest in this committee, and state any background or experience you may have that may be useful in your service to this committee.
I am generally interested in sustainability for environmenta l preservation.
I have personal experience using smart sensors for e lectrical monitoring (Emporia Vue) a nd water monitoring (Flume), as well as various smart home devices such as light switches.
I was invited to t he committee by Rebecca Flynn who stated:
1
"Any interest in joining t he PV Sustainability Committee? We could use your energy and fearlessness in trying out new tech.
We are planning on working on smart electrical sensors t his year and would find your feedback invaluable." Do you have any personal or financial interest that could be perceived by others as a conflict of interest relative to your service on the committee? If so, please describe.
No.
TIME COMMITMENT: Generally committees meet monthly and require a significant time commitment and participation at regular meetings. Please consider this level of commitment when evaluating your interest in serving on one of the Town's Committees.
New Text Information
Thank you,
Portola Valley, CA
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Melissa Thurman
From:
Sent:
To:
[email protected]
Tuesday, July 19, 2022 2:32 AM
Town Center
Subject: Committee Application
A new e ntry to a form/survey has been submitted.
Form Name:
Date & Time:
Response#:
Submitter ID:
IP address:
Committee Application
07/19/2022 2:31 AM
164
6754
98.42.0.132
Time to complete: 18 min. , 0 sec.
Survey Details
Name of committee which I am interested in serving on (please note that only committees currently seeking volunteers are listed):
(o ) Nature & Science
Applicant Information
Full Name
Email Address
Street Address
City/ Zip
Number of years in
Portola Valley
Cell Phone
Home Phone
Other Phone
Musarrat Yasmin Rizvi
Portola Valley, CA 94028
37 years
Not answered
Emergency Preparedness Not answered
Preferred Phone Contact Number
(o )Cell
Please state why you have an interest in this committee, and state any background or experience you may have that may be useful in your service to this committee.
I want to help in the town center and library whenever t hey need me. I will be available a ny day of the week to help out what we can do. I worked in a lab a nd helped in volunteering in school also. I am available to help in the town center specially in building department. Please call me . Thank you Do you have any personal or financial interest that could be perceived by others as a conflict of interest relative to your service on the committee? If so, please describe.
1
I want to involve in the community.
TIME COMMITMENT: Generally committees meet monthly and require a significant time commitment and participation at regular meetings. Please consider this level of commitment when evaluating your interest in serving on one of the Town's Committees.
New Text Information
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Portola Valley, CA
This is an automated message generated by Granicus. Please do not reply directly to this email. 2 ______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Laura Russell, Planning & Building Director
DATE: August 10, 2022
RE: Contact Extensions for Planning and Building Department Services
RECOMMENDATION
Staff recommends that the Town Council consider extending five existing contracts for asneeded Planning and Building and Public Works related services including building official, building plan check, code enforcement, inspection, and land use planning services.
BACKGROUND
As a small municipality, the Town depends on various specialized contractors to provide consulting services for many community development activities. Table 1 provides an overview of the services contracted for, the firms contracted with and the number of times the particular contract has been amended.
Table 1
Service Firm
Original
Agreement
Date
Amendment
No.
Planning and Building Services Good City Company 7/17/2019 5 Building Plan Review Interwest 7/24/2013 6
Inspection CSG Consultants, Inc. 7/24/2013 6
Code Enforcement CSG Consultants, Inc. 4/5/2021 2
Land Use Planning CSG Consultants, Inc. 1/30/2020 2
Good City Company (Good City) provides the Town with a range of community development related services including chief building official services, land use planning, and management analysis. This agreement is funded in two ways:
1) Reimbursed through permit fees for the processing of planning applications 2) Through the General Fund for activities that are not reimbursable such as grant reporting, project management and building official support
TOWN OF PORTOLA VALLEY
STAFF REPORT
TOWN OF PORTOLA VALLEY
Contract Extensions for Planning & Building Services August 10, 2022
The Town’s agreement with Interwest originated as an agreement with Kutzman & Associates for building plan review services. Interwest, a subdivision of SAFEbuilt which is based in Colorado, purchased Kutzman & Associates and took over the agreement with the Town and has continued to provide building plan check services to the Town.
Similar to Good City, CSG Consultants Inc. (CSG) provides a range of community development related services to the Town. The Town originally contracted with CSG for inspection services, but as the Planning and Building Department’s needs changed over the years, staff reached out to CSG for a particular service and would enter into a separate agreement for each service.
DISCUSSION
Staff is satisfied with the services provided by CSG, Good City, and Interwest. Retaining these consultants will provide continuity of planning- and building-related services. The Town’s consultants have been effective, reliable and flexible throughout the duration of their agreements including through the ongoing pandemic. The proposed contract amendments extend all agreements by one year to June 30, 2023.
In addition to extending agreements by one year, the amendments include the following changes:
• Good City Company – No change in calendar year 2022 rates or total possible compensation. Amendment No. 5 will support the ongoing work of the Planning and Building Department.
• Interwest – Interwest has expanded the building and plan check services originally offered by Kutzman & Associates to the Town. A one-to-one comparison to evaluate the rate increases does not accurately reflect changes. For example, there were only three hourly billing rates on Kutzman & Associates’ fee schedule, and of those there was only one plan checker rate. Interwest has 11 hourly billable rates, and a 3-tiered plan checker rate that reflects different levels of training or experience of their plan checkers. In addition, Interwest had not increased the rates charged to the Town since 2016.
• CSG Inspection Services – 5% increase in hourly rates. The Town’s agreement for building and public works inspection services with CSG. • CSG Code Enforcement – 5% increase in hourly rates. Increase of $15,000 in the total not-to-exceed amount from $45,000 to $60,000.
• CSG Planning Services – 5% increase in hourly rates. Planning services that will reimbursed through the Town’s deposit system would be unlimited in the same manner as the Town’s other contract for planning services, as those funds are passthrough. Increase of $15,000 in the total not-to-exceed amount from $40,000 to $55,000 which accounts for non-reimbursable services for the term of the amendment. There are funds in the FY2022-23 budget for planning services that are not reimbursable.
Contract Extensions for Planning & Building Services August 10, 2022
All of the services provided through these contract are provided as-needed, so the Town is not committed to spending the full amount. Contract planners through Good City and CSG are expected to assist primarily on current planning permitting activities and customer service. They may also work on special projects including zoning and design guideline work, large land use projects that are not reimbursable, Housing Element annual reporting, and grant administration.
FISCAL IMPACT
In 2014, the Town Council authorized the annual increase of fees included in the Master Fee Schedule to be adjusted annually on July 1 by the percentage increase or decrease in the consumer price index (CPI). The Town’s Fee Schedule was updated on April 27, 2022 to reflect a 5.2% increase in CPI, which is effective for FY 2022-2023 based on the CPI-U for the San Francisco-Oakland-Hayward area using the February 12 month index. The adopted fee increase helps to offset increases in fees charged through these agreements.
ATTACHMENTS
1. Proposed Good City Company Amendment No. 5
2. Good City Agreement
3. Proposed CSG Inspection Services Amendment No. 6
4. CSG Agreement - Insepction
5. Proposed CSG Code Enforcement Services Amendment No. 2
6. CSG Agreement - Code Enforcement
7. Proposed CSG Planning Services Amendment No. 1
8. CSG Agreement - Planning Services
9. Proposed Kutzmann Amendment No. 5
10.Kutzmann Agreement
AMENDMENT NO. 5 TO AGREEMENT BETWEEN THE
TOWN OF PORTOLA VALLEY AND GOOD CITY COMPANY
This Amendment 5 (“Amendment”) is made as of July 1, 2022, with respect to the Agreement (“Agreement”) by and between the Town of Portola Valley (“Town”) and Good City Company (“Consultant”).
RECITALS
A. The Town and Consultant entered into the Agreement for contract planning services on July 17, 2019.
B. The parties entered into Amendment No. 1 on August 14, 2019.
C. The parties entered into Amendment No. 2 on October 23, 2019.
D. The parties entered into Amendment No. 3 on August 12, 2020.
E. The parties entered into Amendment No. 4 on April 11, 2021.
F. The Town and Consultant desire to extend the term of the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, the Town and Consultant do hereby agree as follows:
1. Term. Section 2 of the Agreement is hereby amendment to read as follows:
TERM. This Agreement shall remain in effect until June 30, 2023, or until terminated in accordance with Section 9.
2. Agreement. Other than the amendment set forth in Section 1 above, no other provisions of the Agreement are amended, and all other provisions of the Agreement are in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment 5 as of the date set forth above.
TOWN OF PORTOLA VALLEY: GOOD CITY COMPANY:
___________________________ __________________________
Craig Hughes, Mayor Aaron Aknin, Principal
ATTEST:
___________________________
Melissa Thurman, Town Clerk
AGREEMENT BETWEEN THE
TOWN OF PORTOLA VALLEY AND
GOOD CITY COMPANY
This Agreement is made and entered into this· 1-:/ day of July, 2019 by and between the Town of Portola Valley, a municipal corporation, ("Town") and Good City Company, a California corporation, ("Consultant").
RECITALS
A. The Town desires to seek professional consulting services related to dedicated in-house planning services.
B. The Town has determined that Consultant possesses such specialized professional skill and ability, and the Town Council has approved the selection of Consultant.
THE PARTIES HEREBY AGREE AS FOLLOWS:
1. SCOPE OF SERVICES. Consultant shall perform those services specified in detail in Exhibit A.
2. TERM. The term of this Agreement shall be from July 17, 2019, through August 17, 2019 or the date this Agreement is terminated as set forth below.
3. COMPENSATION. In consideration of Consultant's performance, compensation of all professionals of Consultant shall be at the rates set forth in Exhibit Band shall not exceed the total sum of $25,000.
4. METHOD OF PAYMENT. Consultant shall invoice the Town for work performed after each task is completed as set forth in Exhibit B. Payments to Consultant by Town shall be made within thirty (30) days after receipt by Town of Consultant's itemized invoices.
5. INDEPENDENT CONTRACTOR. Consultant, in the performance of the work and services under this Agreement, shall act as and be an independent contractor and not an agent or employee of Town or any other governmental entity. In particular, Consultant shall receive no premium or enhanced pay for work normally understood as overtime, nor shall Consultant receive holiday pay, sick leave, administrative leave, or pay for any other time not actually worked. The intention of the parties is that Consultant shall not be eligible for benefits and shall receive no compensation from the Town except as expressly set forth in this Agreement.
6. ASSIGNABILITY. The parties agree that the expertise and experience of Consultant are material considerations for this Agreement. Consultant shall not assign, transfer, or subcontract any interest in this Agreement, nor the performance of any of Consultant's obligations hereunder, without the prior written consent of the Town C:\Usersllrussell\AppData\Local\Microsoft\Windows\lNetCaoi,e1Content.Outlook\30QQ0DE4\Good City Company Planning Services.doc
Council, and any attempt by Consultant to do so shall be void and of no effect and a breach of this Agreement.
7. INDEMNIFICATION.
7.1. To the fullest extent permitted by law, Consultant shall indemnify, defend (with independent counsel approved by the Town) and hold harmless the Town, and its elective or appointive boards, officers, employees agents and volunteers against any claims, losses, or liability that may arise out of or result from damages to property or personal injury received by reason of, or in the course of work performed under this agreement due to the acts or omissions of Consultant or Consultant's officers, employees, agents or subcontractors. The acceptance of such services shall not operate as a waiver of such right of indemnification.
7.2 With regard to Consultant's professional services, Consultant agrees to use that degree of care and skill ordinarily exercised under similar circumstances by members of Consultant's profession, including without limitation adherence to all applicable safety standards. To the fullest extent permitted by law, Consultant shall indemnify, defend (with independent counsel approved by the Town) and hold harmless the Town, and its elective or appointive boards, officers, and employees from and against all liabilities, including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including, but not limited to, reasonable attorneys' fees, court costs and costs of alternative dispute resolution regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of Consultant or Consultant's officers, employees, agents or subcontractors. The provisions of this Section survive completion of the services or the termination of this Agreement. The acceptance of said services and duties by Town shall not operate as a waiver of such right of indemnification.
8. INSURANCE REQUIREMENTS. Consultant agrees to have and maintain the policies set forth in Exhibit C entitled "INSURANCE REQUIREMENTS," which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the Town Attorney as to form and content.
These requirements are subject to amendment or waiver only if so approved in writing by the Town Attorney. Consultant agrees to provide Town with a copy of said policies, certificates, and/or endorsements before work commences under this Agreement. A lapse in any required amount or type of insurance coverage during this Agreement shall be a breach of this Agreement.
9. TERMINATION.
9.1 This Agreement may be terminated by either the Town or Consultant following five (5) days written notice of intention to terminate; thereafter, the Town shall be liable to Consultant only for those fees and costs earned by Consultant to the date of termination and which shall be substantiated by an itemized, written statement submitted to Town by Consultant. The Town's right of termination shall be in addition to all other remedies available under law to the Town.
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9.2 In the event of termination, Consultant shall deliver to Town copies of all reports, documents, computer disks, and other work prepared by Consultant under this Agreement, if any, and upon receipt thereof, Town shall pay Consultant for services performed by Consultant through the date of termination. If Consultant's written work is contained on a hard computer disk, in the event of termination, Consultant shall, in addition to providing a written copy of the information on the hard disk, immediately transfer all written work from the hard computer disk to a soft (or floppy) computer disk and deliver said soft (or floppy) computer disk to Town.
10. OWNERSHIP OF MATERIAL. All reports, documents, or other materials developed or discovered by Consultant or any other person engaged directly or indirectly by Consultant to perform the services required hereunder shall be and remain the property of Town without restriction or limitation upon their use.
11. WAIVER. Waiver by Town of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. The acceptance by Town of the performance of any work or services by Consultant shall not be deemed to be a waiver of any term or condition of this Agreement.
12. CONSULTANT'S BOOKS AND RECORDS. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, supplies, materials, or equipment provided to Town for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement.
13. NOTICES. All notices and other communications required or permitted to be given under this Agreement shall be given in writing by personal delivery, by facsimile transmission with verification of receipt or by U.S. mail, postage prepaid, and return receipt requested, addressed to the respective parties as follows:
To Town:
Planning and Building Director
Town of Portola Valley
765 Portola Road
Portola Valley, CA 94028
Fax: 650/851-4677
To Consultant:
Aaron Aknin
Good City Company
751 Laurel Street, Suite 622
San Carlos, CA 94070
Fax: 650.654.6622
Notice shall be deemed communicated on the earlier of actual receipt or fortyeight (48) hours after deposit in the U.S. mail, the date of delivery shown on deliverer's receipt, or by acknowledgment of facsimile transmission.
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14. ATTORNEYS' FEES. In any legal action or proceeding brought for enforcement of this Agreement, the successful party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled.
15. PRIOR AGREEMENTS AND AMENDMENTS. This Agreement, including all exhibits attached hereto, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by a written amendment duly executed by the parties to this Agreement. Any amendment relating to compensation for Consultant shall be for only a not-to-exceed sum.
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement effective as of the date written above.
TOWN: CONSULTANT:
By:
£'.'Townnage ~ By:
Its: Principal
EIN 94-3154294
ATTEST:
Town ~~ Clerk ~
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EXHIBIT A
SERVICES TO BE PERFORMED
Good City Company will provide "in-house" town planning services for the Town of Portola Valley. Dedicated in-house planning services include, but are not limited to:
• Providing counter and telephone service to the general public for current planning inquiries/assistance
• Review of design and architectural drawings for zoning and Municipal Code conformance
• Conducting site inspections
• Evaluation and analysis of projects (both large and small) • Preparation and presentation of staff reports before committees and commissions. • Good City may also assist with policy planning efforts related to the current planning efforts described above and as requested by the Planning Director C:\Users\lrussell\AppData\Local\Microsoft\Windows\1NetCache\Content.Outlook\30QQ0DE4\Good City Company Planning Services.doc
EXHIBIT B
BILLING RATES
Good City prides itself on being a cost-effective solution for public sector agencies. Staff retains detailed timesheets and works efficiently to ensure the client is getting the best value for the services.
Director/Principal $195-$225/hour
Principal Planner $175/hour
Senior Planner $150/hour
Associate Planner $125/hour
Assistant Planner $100/hour
Planning Technician $80/hour
Administrative Assistant $60/hour
Subconsultant Contracts Direct Billing + 10% oversight fee * Rates subject to adjustment January 1st of each year
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EXHIBIT C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to or interference with property which may arise from, or in connection with, the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors.
1. MINIMUM SCOPE OF INSURANCE. Coverage shall be at least as broad as:
1.1 Insurance Services Office Form No. CG 0001 covering General Liability and Commercial General Liability on an "occurrence" basis.
1.2 Insurance Services Office Form No. CA 0001 covering Automobile Liability, Code 1 (any auto), Code 8 (hired autos) or Code 9 (non-owned autos), if Consultant has no owned autos.
1.3 Workers' Compensation Insurance as required by the Labor Code of the State of California and Employer's Liability Insurance. 1 .4 Errors and Omissions Liability Insurance appropriate to the Consultant's profession. Architects' and Consultants' coverage is to be endorsed to include contractual liability.
2. MINIMUM LIMITS OF INSURANCE. Consultant shall maintain limits no less than:
2.1 Comprehensive General Liability. (Including products-completed operations, personal & advertising injury) One Million Dollars ($1,000,000) combined single limit per claim and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, personal injury and property damage. 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 occurrence limit.
2.2 Automobile Liability. One Million Dollars ($1,000,000) combined single limit per accident for bodily injury and property damage.
2.3 Workers' Compensation and Employers Liability. Workers' compensation limits as required by the Labor Code of the State of California. One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
2.4 Errors and Omissions Liability. One Million Dollars ($1,000,000) per occurrence.
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3. DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to, and approved by, the Town. At the option of the Town, either: the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the Town, its officials, employees, agents and contractors; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in an amount specified by the Town. The Town ay require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
4. OTHER INSURANCE PROVISIONS.
4.1 General Liability and Automobile Liability Coverages. The General Liability and Automobile Liability insurance policies required pursuant to Sections 1.1 and 1.2 shall contain or be endorsed contain the following provisions:
4.1.1 The Town, its officials, employees, agents, contractors and volunteers are covered as additional insureds with respect to liability arising out of work or operations performed by, or on behalf of, the Consultant including materials, parts or equipment furnished in connection with such work or operations, and products and completed operations of the Consultant on premises owned, leased or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officials, employees, agents and contractors.
4.1.2 The Consultant's insurance coverage is the primary insurance as respects the Town, its officials, employees, agents, contractors, and volunteers. Any insurance or self-insurance maintained by the Town, its officials, employees, agents, contractors, and volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
4.1.3 The Insurance Company agrees to waive all rights of subrogation against the Town, its elected or appointed officers, officials, agents, and employees for losses paid under the terms of any policy which arise from work performed by the Town's insurer.
4.1 .4 Coverage shall not be canceled by either party, except after thirty (30) days prior written notice (10 days for non-payment) by regular mail has been given to the Town.
4.1.5 Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officials, employees, agents or contractors.
4.1.6 Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
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4.2 Worker's Compensation Insurance. The Worker's Compensation Policy required pursuant to Section 1.3 shall contain or be endorsed to contain the provision set forth in subsection 4.1 .4 above.
4.3 Acceptability of Insurers. All required insurance shall be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Town.
4.3 Claims Made Policies. If any of the required policies provide claims-made coverage, the Town requires that coverage be maintained by Consultant for a period of 5 years after completion of the contract.
5. VERIFICATION OF COVERAGE. Consultant shall furnish the Town with original certificates, amendatory endorsements, and actual policies of insurance effecting coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.
All certificates and endorsements are to be received and approved by the Town before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive consultant's obligation to provide them. The Town reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time.
Proof of insurance shall be mailed to the following address:
Town of Portola Valley
Attn: Town Clerk
765 Portola Road
Portola Valley, CA 94028
6. SUBCONTRACTORS. Consultant shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor.
C:\Users\lrussell\AppData\Local\Microsoft\Windows\lNetCache\Content.Outlook\30QQ0DE4\Good City Company Planning Services.doc AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE TOWN OF PORTOLA
VALLEY AND GOOD CITY COMPANY
This Amendment 1 (“Amendment”) is made as of August 14, 2019, with respect to the Agreement (“Agreement”) by and between the Town of Portola Valley (“Town”) and Good City Company (“Consultant”).
RECITALS
A. The Town and Consultant entered into the Agreement for contract planning services on July 17, 2019.
B. The Town and Consultant desire to extend the term and increase the compensation set forth in the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, the Town and Consultant do hereby agree as follows:
1. Term. The term of the Agreement shall be extended to October 4, 2019 unless terminated earlier pursuant to the terms of the Agreement.
2. Compensation. Section 3 (Compensation) of the Agreement is hereby amended to increase the total compensation amount from $25,000 to $51,000.
3. Agreement. Other than the amendment set forth in Sections 1 and 2 above, no
IN WITNESS WHEREOF
Agreement are in full force and effect.
other provisions of the Agreement are amended and all other provisions of the , the parties have executed this Amendment 1 as of the date TOWN OF PORTOLA VALLEY:
set forth above.
GOOD CITY COMPANY:
___________________________ __________________________
Ann Wengert, Mayor
Town Clerk
___________________________
ATTEST:
Aaron Aknin, Principal
f
t
AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE TOWN OF PORTOLA
VALLEY AND GOOD CITY COMPANY
This Amendment 2 (“Amendment”) is made as of October 23, 2019, with respect to the Agreement (“Agreement”) by and between the Town of Portola Valley (“Town”) and Good City Company (“Consultant
RECITALS
”).
A. The Town and Consultant entered into the Agreement for contract planning services on July 17, 2019.
B. The Town Council approved Amendment No. 1 to the Agreement which was C.
executed on August 14, 2019.
The Town and Consultant desire to extend the term and increase the compensation set forth in the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, the Town and Consultant do hereby agree as follows:
1. Term. The term of the Agreement shall be extended to June 30, 2019 unless terminated earlier pursuant to the terms of the Agreement.
2. Compensation. Section 3 (Compensation) of the Agreement is hereby amended to increase the total compensation amount from $51,000 to $100,000.
3. Agreement. Other than the amendment set forth in Sections 1 and 2 above, no
IN WITNESS WHEREOF
Agreement are in full force and effect.
other provisions of the Agreement are amended and all other provisions of the , the parties have executed this Amendment 1 as of the date TOWN OF PORTOLA VALLEY:
set forth above.
GOOD CITY COMPANY:
___________________________ __________________________
Ann Wengert, Mayor
Town Clerk
___________________________
ATTEST:
f
t
Cu
AMENDMENT NO. 3 TO AGREEMENT BETWEEN THE TOWN OF PORTOLA
VALLEY AND GOOD CITY COMPANY
This Amendment 3 (“Amendment”) is made as of August 12, 2020, with respect to the Agreement (“Agreement”) by and between the Town of Portola Valley (“Town”) and Good City Company (“Consultant”).
RECITALS
A. The Town and Consultant entered into the Agreement for contract planning services on July 17, 2019.
B. The Town Council approved Amendment No. 1 to the Agreement which was executed on August 14, 2019.
C. The Town Council approved Amendment No. 2 to the Agreement, executed on October 23, 2019
D. The Town and Consultant desire to extend the term set forth in the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, the Town and Consultant do hereby agree as follows:
1. Term. The term of the Agreement shall be extended to December 31, 2020 unless terminated earlier pursuant to the terms of the Agreement.
2. Agreement. Other than the amendment set forth in Section 1, no other provisions of the Agreement are amended and all other provisions of the Agreement are in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment 3 as of the date set forth above.
TOWN OF PORTOLA VALLEY: GOOD CITY COMPANY:
Jeff Aalfs, Mayor
ATTEST:
Town Clerk
1 Aaron Aknin, Principal
AMENDMENT NO. 4 TO AGREEMENT BETWEEN THE
TOWN OF PORTOLA VALLEY AND GOOD CITY COMPANY
This Amendment 4 ("Amendment") is mad_e as of April ~. 2021, with respect to the Agreement ("Agreement") by and between the Town of Portola Valley ("Town") and Good City Company ("Consultant").
RECITALS
A. The Town and Consultant entered into the Agreement for contract planning services on July 17, 2019.
B. The Town Council approved Amendment No. 1 to the Agreement which was executed on August 14, 2019.
C. The Town Council approved Amendment No. 2 to the Agreement, executed on October 23, 2019.
D. The Town Council approved Amendment No. 3 to the Agreement, executed on August 12, 2020.
E. The Town and Consultant desire to extend the term, add building official services and add funds to the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, the Town and Consultant do hereby agree as follows:
1. Scope. The scope of the Agreement is hereby amended to include the services set forth in Exhibit A-1 to this Amendment.
2. Term. The term of the Agreement shall be extended to June 30, 2022, unless terminated earlier pursuant to the terms of the Agreement.
3. Compensation. Section 3 (Compensation) of the Agreement is hereby amended to increase the total compensation amount from $100,000 to $150,000 for services charged to general fund. As for services charged to deposit accounts for private development projects, the compensation limit shall not apply, and Consultant may charge for services performed on an hourly basis as otherwise set forth in this Agreement and the Town shall pass through those charges to the applicable deposit accounts. The hourly rates for both general fund and private development projects are set forth in Exhibit B-1 to this Amendment.
4. Agreement. Other than the amendment set forth in Sections 1 - 3 above, no other provisions of the Agreement are amended and all other provisions of the Agreement are in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment 4 as of the date set forth above.
1
TOWN OF PORTOLA VALLEY: GOOD CITY COMPANY:
Town Mayor Aaron Aknin, Principal
ATTEST:
S~n, II ~n,
Town Clerk
2
EXHIBIT A-1
SERVICES TO BE PERFORMED
Good City Company will provide "in-house" town planning and building official services for the Town of Portola Valley. Dedicated in-house planning and building official services include, but are not limited to:
• Providing counter, telephone, and email service to the general public on planning and building Issues
• Review of design and architectural drawings for zoning and Municipal Code conformance • Conducting site inspections
• Evaluation and presentation of staff reports before committees and commissions • Assistance with building permit review, issuance, inspections, certificates of occupancy, and final inspections
• Professional recommendations to the Planning and Building Director on matters related to the Building Code and best construction site practices
• Good City may also assist with policy planning efforts as requested by the Planning and Building Director
• All services will be as-needed at the direction of the Planning and Building Director
EXHIBIT B-1
BILIING RATES
Good City prides itself on being a cost-effective solution for public sector agencies. Staff retains detailed timesheets and works efficiently to ensure the client is getting the best value for the services.
Director/Principal $195-225/hour
Principal Planner $175/hour
Senior Planner $150/hour
Building Official $140/hour
Associate Planner $125/hour
Assistant Planner $100/hour
Planning Technician $80/hour
Administrative Assistant $60/hour
Subconsultant Contracts Direct Billing+ 10% oversight fee *Rates subject to adjustment January 1st of each year
AMENDMENT NO. 6 TO AGREEMENT BETWEEN THE
TOWN OF PORTOLA VALLEY AND CSG CONSULTANTS, INC. FOR PLAN REVIEW
AND INSPECTION SERVICES
This Amendment 6 (“Amendment”) is made as of July 1, 2022, with respect to the Agreement (“Agreement”) by and between the Town of Portola Valley (“Town”) and CSG Consultants, Inc. (“Consultant”).
RECITALS
A. The Town and Consultant entered into the Agreement for building plan review/ inspection services on July 24, 2013.
B. The parties entered into Amendment No. 1 on May 25, 2016.
C. The parties entered into Amendment No. 2 on July 1, 2019.
D. The parties entered into Amendment No. 3 on June 24, 2020.
E. The parties entered into Amendment No. 4 on October 14, 2020.
F. The parties entered into Amendment No. 5 on August 11, 2021.
G. The Town and Consultant desire to extend the term of the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, the Town and Consultant do hereby agree as follows:
1. Term. Section 5 of the Agreement is hereby amended to read as follows:
TERM. This Agreement shall remain in effect until June 30, 2023 or until terminated in accordance with Section 17.
2. Compensation. The compensation for services identified in Exhibit A-1. of the Agreement is replaced in its entirety with the new fee schedule attached hereto and incorporated
3. Agreement. Other than the amendments set forth herein, no other provisions of the Agreement are amended and all other provisions of the Agreement are in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment 6 as of the date set forth above.
TOWN OF PORTOLA VALLEY: CSG CONSULTANTS, INC.
ASSOCIATES:
___________________________ __________________________
Craig Hughes, Mayor Cyrus Kianpour, PE, PLS
President
ATTEST:
___________________________
Melissa Thurman, Town Clerk
EXHIBIT A-1
(Compensation)
CSG Professional Services Fee
July 1, 2022
CSG's fee schedule which includes fees for personnel providing the proposed scope of work is provided in the table below. We will coordinate the pickup and return of all plans via CSG staff or licensed courier service. This service is provided at no additional cost. CSG will mail an invoice at the beginning of every month for services rendered during the previous month. Percentage based fees for plan review includes an initial review and two subsequent reviews, if necessary.
Additional reviews will incur hourly fees at the applicable hourly rates shown below.
Service / Personnel FY 22-23 Hourly
Rates
Residential Combination Building Inspector
Four (4) hour minimum per request
Work beyond four ($) hours, billed at eight (8) hours
$106
Senior Building Inspector
Four (4) hour minimum per request
Work beyond four ($) hours, billed at eight (8) hours
$120
Building Official $152
Construction Inspector $145
Assistant Resident Engineer $155
Senior Construction Inspector $165
Structure Representative $210
Resident Engineer $210
Permit Counter Technician $83
Assistant Planner $133
Senior Planner $166
Code Enforcement Inspector $137
All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, and office expenses. Overtime work will be billed at
1.5 X the hourly rates indicated in the table above. Should the scope of work change or circumstances develop which necessitate special handling, CSG will notify the City prior to proceeding. On each July, CSG will initiate a rate increase based on the change in CPI for the applicable region. CSG will invoice on a monthly basis for services rendered during the prior month. Unless otherwise agreed, payment terms are 30-days from receipt of invoice.
AGREEMENT FOR
BUILDING PLAN REVIEW AND INSPECTION SERVICES
THIS AGREEMENT is made and entered into this,i{f-k.cray of Y 1&,I 2013 by and between the Town of Portola Valley, a municipal corporation, ("Tov;1-r and CSG Consultants, Inc., ("Consultant").
RECITALS
A. The Town desires to retain the professional consulting services of Consultant as an independent contractor to provide building plan review and inspection services to the Town, as described in more detail in Exhibit A. Consultant will work with the Town to provide review of building plans and inspection of construction relating to private development within the Town's jurisdiction.
B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants and conditions contained herein, the parties hereby agree as follows:
1. SCOPE AND LEVEL OF SERVICES. The nature, scope and level of the specific services to be performed by Consultant are as set forth in detail in Exhibit A attached hereto.
2. TIME OF PERFORMANCE. The services shall be performed in accordance with the Schedule of Performance attached hereto as Exhibit B, or upon receipt of a Notice to Proceed setting forth the specific tasks to be completed. All services provided shall be performed on a timely basis.
3. STANDARD OF PERFORMANCE. As a material inducement to the Town to enter into this Agreement, Consultant hereby represents and warrants that it has the qualifications and experience necessary to undertake the services to be provided pursuant to this Agreement. Consultant agrees to use that degree of care and skill ordinarily exercised under similar circumstances by members of Consultant's profession and in a manner reasonably satisfactory to the Town.
4. COMPLIANCE WITH LAW. All services rendered hereunder by Consultant shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of the Town, and any federal, state or local governmental agency having jurisdiction in effect at the time the service is rendered.
5. TERM. This Agreement is effective on the date set forth in the initial paragraph of this Agreement and shall remain in effect for three (3) years or until terminated in accordance with Section 17 below.
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6. COMPENSATION. The Town agrees to compensate Consultant for its services according to the fee schedule set forth in Exhibit C. The Town also agrees to compensate Consultant for its out-of-pocket expenses to the extent authorized in Exhibit C.
7. METHOD OF PAYMENT. Consultant shall invoice the Town for work performed after each task is completed as set forth in Exhibit B. or as identified within the Notice to Proceed. All work must be completed to the satisfaction of the Town.
Payments to Consultant by Town shall be made within thirty (30) days after receipt by Town of Consultant's itemized invoices.
8. REPRESENTATIVE. Doug Rider is hereby designated as the representative of Consultant authorized to act on its behalf with respect to the services specified herein. II is expressly understood that the experience, knowledge, capability and reputation of Doug Rider were a substantial inducement for Town to enter into this Agreement. Therefore, Doug Rider shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The representative may not be changed by Consultant without the express written approval of the Town.
9. INDEPENDENT CONTRACTOR. Consultant is, and shall at all times remain as to the Town, a wholly independent contractor and not an agent or employee of Town. Consultant shall receive no premium or enhanced pay for work normally understood as overtime, nor shall Consultant receive holiday pay, sick leave, administrative leave, or pay for any other time not actually worked. The intention of the parties is that Consultant shall not be eligible for benefits and shall receive no compensation from the Town except as expressly set forth in this Agreement.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of the Town or otherwise act on behalf of the Town as an agent. Neither the Town, nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall at no time, or in any manner, represent that it or any of its agents or employees are in any manner employees of the Town. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold the Town harmless from any and all taxes, assessments, penalties, and interest asserted against the Town by reason of the independent contractor relationship created by this Agreement.
Consultant shall fully comply with the worker's compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold the Town harmless from any failure of Consultant to comply with applicable worker's compensation laws. The Town shall not have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to Town from Consultant as a result of Consultant's failure to promptly pay the Town any reimbursement or indemnification arising under this Section.
10. CONFIDENTIALITY. Consultant, in the course of its duties, may have access to financial, accounting, statistical and personal data of private individuals and employees of the Town. Consultant covenants that all data, documents, discussion, or other information developed and received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant 2 N :\Agreements\CSGConsu 112013 .doc
without written authorization by the Town. The Town shall grant such authorization if disclosure is required by law. Upon request, all Town data shall be returned to the Town upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.
11. OWNERSHIP OF MATERIAL. All reports, documents, or other written materials developed or discovered by Consultant or any other person engaged directly or indirectly by Consultant in the performance of this Agreement shall be and remain the property of the Town without restriction or limitation upon its use or dissemination by the Town.
12. CONFLICT OF INTEREST. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. Consultant agrees not to accept any employment or representation during the term of this Agreement which is or may make Consultant "financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decision made by the Town on any matter in connection with which Consultant has been retained pursuant to this Agreement. Nothing in this section shall, however, preclude Consultant from accepting other engagements with the Town.
13. ASSIGNABILITY: SUBCONTRACTING. The parties agree that the expertise and experience of Consultant are material considerations for this Agreement.
Consultant shall not assign, transfer, or subcontract any interest in this Agreement, nor the performance of any of Consultant's obligations hereunder, without the prior written consent of the Town Council, and any attempt by Consultant to do so shall be void and of no effect and a breach of this Agreement.
14. INDEMNIFICATION.
14.1. To the fullest extent permitted by law, Consultant shall indemnify, defend (with independent counsel approved by the Town) and hold harmless the Town, and its elective or appointive boards, officers, employees agents and volunteers against any claims, losses, or liability that may arise out of or result from damages to property or personal injury received by reason of, or in the course of work performed under this Agreement due to the acts or omissions of Consultant or Consultant's officers, employees, agents or subcontractors. The provisions of this Section survive completion of the services or the termination of this Agreement. The acceptance of such services shall not operate as a waiver of such right of indemnification.
14.2 With regard to Consultant's professional services, Consultant agrees to use that degree of care and skill ordinarily exercised under similar circumstances by members of Consultant's profession, including without limitation adherence to all applicable safety standards. To the fullest extent permitted by law, 3 N :\Agreements\CSGConsult2013 .doc
Consultant shall indemnify, defend (with independent counsel approved by the Town) and hold harmless the Town, and its elective or appointive boards, officers, and employees from and against all liabilities, including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including, but not limited to, reasonable attorneys' fees, court costs and costs of alternative dispute resolution regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of Consultant or Consultant's officers, employees, agents or subcontractors. The provisions of this Section survive completion of the services or the termination of this Agreement. The acceptance of said services and duties by Town shall not operate as a waiver of such right of indemnification.
14.3 The Town does not and shall not waive any rights that they may possess against Consultant because of the acceptance by the Town or the deposit with the Town of any insurance policy or certificate required pursuant to this Agreement.
This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
15. INSURANCE REQUIREMENTS. Consultant agrees to have and maintain the policies set forth in Exhibit D entitled "INSURANCE REQUIREMENTS," which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the Town Attorney as to form and content.
These requirements are subject to amendment or waiver only if so approved in writing by the Town Attorney. Consultant agrees to provide Town with a copy of said policies, certificates, and/or endorsements before work commences under this Agreement. A lapse in any required amount or type of insurance coverage during this Agreement shall be a breach of this Agreement.
16. SUSPENSION. The Town may, in writing, order Consultant to suspend all or any part of Consultant's services under this Agreement for the convenience of the Town, or for work stoppages beyond the control of the Town or the Consultant. Subject to the provisions of this Agreement relating to termination, a suspension of work does not void this Agreement. In the event that work is suspended for a period exceeding 120 days, the schedule and cost for completion of the work will be adjusted by mutual consent of the parties.
17. TERMINATION.
17.1 This Agreement may be terminated by either the Town or Consultant following five (5) days written notice of intention to terminate. In the event the Agreement is terminated, Consultant shall be paid for any services properly performed to the last working day the Agreement is in effect. Consultant shall substantiate the final cost of services by an itemized, written statement submitted to the Town. The Town's right of termination shall be in addition to all other remedies available under law to the Town.
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17.2 In the event of termination, Consultant shall deliver to the Town copies of all reports, documents, computer disks, and other work prepared by Consultant under this Agreement, if any. If Consultant's written work is contained on a hard computer disk, Consultant shall, in addition to providing a written copy of the information on the hard disk, immediately transfer all written work from the hard computer disk to a soft computer disk and deliver said soft computer disk to Town.
Town shall not pay Consultant for services performed by Consultant through the last working day the Agreement is in effect unless and until Consultant has delivered the above described items to the Town.
18. CONSULTANT'S BOOKS AND RECORDS. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, supplies, materials, or equipment provided to Town for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement.
19. NON-WAIVER OF TERMS, RIGHTS AND REMEDIES. Waiver by either party of any breach or violation of any one or more terms or conditions of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. Acceptance by the Town of the performance of any work or services by Consultant shall not be deemed to be a waiver of any term or condition of this Agreement. In no event shall the Town's making of any payment to Consultant constitute or be construed as a waiver by the Town of any breach of this Agreement, or any default which may then exist on the part of Consultant, and the making of any such payment by the Town shall in no way impair or prejudice any right or remedy available to the Town with regard to such breach or default.
Ill II
Ill//
Ill//
//Ill
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20. NOTICES. Any notices, bills, invoices, reports or other communications required or permitted to be given under this Agreement shall be given in writing by personal delivery, by facsimile transmission with verification of receipt or by U.S. mail, postage prepaid, and return receipt requested, addressed to the respective parties as follows:
To Town:
Town Manager
Town of Portola Valley
765 Portola Road
Portola Valley, CA 94028
Phone: (650) 851-1700, x 215
Fax: (650) 851-4677
To Consultant:
Doug Rider
CSG Consultants, Inc.
1700 S. Amphlett Blvd., 3rd Floor
San Mateo, CA 94402
Phone: (650) 522-2500
Fax: (650) 522-2599
Notice shall be deemed communicated on the earlier of actual receipt or fortyeight (48) hours after deposit in the U.S. mail, the date of delivery shown on deliverer's receipt, or by acknowledgment of facsimile transmission.
21. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY.
In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental handicap, or medical condition. Consultant will take affirmative action to ensure that employees are treated without regard to race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental handicap, or medical condition.
22. ATTORNEYS' FEES; VENUE. In the event that any party to this Agreement commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled.
The venue for any litigation shall be San Mateo County.
23. COOPERATION. In the event any claim or action is brought against the Town relating to Consultant's performance or services under this Agreement, Consultant shall render any reasonable assistance and cooperation which Town might require.
24. EXHIBITS. PRECEDENCE. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement.
25. PRIOR AGREEMENTS AND AMENDMENTS; ENTIRE AGREEMENT.
This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between the Town and Consultant. This Agreement supersedes all prior oral and written negotiations, representations or agreements. No prior oral or written understanding shall be of any force or effect with 6 N :\Agreements\CSGConsult201 3.doc
respect to those matters covered hereunder. This Agreement may only be modified by a written amendment duly executed by the parties to this Agreement. Any amendment relating to compensation for Consultant shall be for only a not-to-exceed sum.
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement effective as of the date written above.
TOW~
By:
-M yor
ATTEST:
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EXHIBIT A
(SCOPE AND LEVEL OF SERVICES)
Consultant shall provide the following services to the Town upon request:
A. Building inspections to enforce all applicable codes. Consultant shall provide each inspector with code books, safety equipment, cell phones, vehicles, and any other equipment necessary to carry out inspection services.
B. In-house and over the counter plan review of submitted residential, commercial and industrial (non-structural) building plans as coordinated by the Town.
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Not applicable
EXHIBIT B
(SCHEDULE OF PERFORMANCE)
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EXHIBIT C
BUILDING SERVICES FEE SCHEDULE
CSG invoices monthly for services provided the previous month. The City will receive a detailed account of work performed and cost.
Plan Review Services
Building Plan Review ............................................................ 75% of City's fee Includes up to 3 resubmittals
Building Plan Review (Hourly) ............................................... $89.00 per hour Plan review includes revisions. deferred
subm ittals, etc.
Structural Plan Review Only ................................................. 50% of City's fee Fire Plan Review .................................................................... $94.00 per hour Expedited Plan Review ......................................................... 90% of City's fee Expedited Plan Review (Hourly) ........................................... 1.5 x CSG's hourly review fee Building Inspection Services
Residential Combination Building lnspector ....................... $85.00 per hour Four (4) hour minimum per request
Work beyond four (4) hours. billed at eight (8) hours
Senior Building lnspector ...................................................... $95.00 per hour Four (4) hour minimum per request
Work beyond four (4) hours. billed at eight (8) hours
Building Department Services
Permit Counter Technician .................................................. $70.00 per hour Should the scope of work change or circumstances develop which necessitate special handling. we will notify the City prior to proceeding. Annual adjustments may be made by mutual agreement based upon current CPI. At the City•s request. CSG staff can be available for special overtime and night hourly requests. at one and one-half time compensation. and weekend and holiday hourly requests. at double time compensation.
EXHIBIT D
(INSURANCE REQUIREMENTS)
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to or interference with property which may arise from, or in connection with, the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors.
1. MINIMUM SCOPE OF INSURANCE. Coverage shall be at least as broad as:
1.1 Insurance Services Office (ISO) Form No. CG 0001 covering Commercial General Liability on an "occurrence" basis, including products-completed operations, personal injury and advertising injury.
1.2 Insurance Services Office Form (ISO) No. CA 0001 covering Automobile Liability, Code 1 (any auto), or if Consultant has no owned autos Code 8 (hired autos) and Code 9 (non-owned autos).
1.3 Workers' Compensation Insurance as required by the Labor Code of the State of California and Employer's Liability Insurance.
1.4 Errors and Omissions Liability Insurance appropriate to the Consultant's profession. Architects' and Consultants' coverage is to be endorsed to include contractual liability.
2. less than:
MINIMUM LIMITS OF INSURANCE. Consultant shall maintain limits no
2.1 Commercial General Liability. (Including products-completed operations, personal & advertising injury) One Million Dollars ($1,000,000) per occurrence. 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 occurrence limit.
2.2 Automobile Liability. One Million Dollars ($1,000,000) combined single limit per accident for bodily injury and property damage.
2.3 Workers' Compensation and Employer's Liability. Workers' compensation insurance with Statutory Limits as required by the Labor Code of the State of California, and Employer's Liability Insurance with One Million Dollars ($1,000,000) per accident for bodily injury or disease.
2.4 Errors and Omissions Liability. One Million Dollars ($1,000,000) per occurrence or claim, Two Million Dollars ($2,000,000) aggregate.
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3. DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to, and approved by, the Town. At the option of the Town, either: the Consultant shall purchase insurance to reduce or eliminate such deductibles or self-insured retentions as respects the Town, its officials, employees, agents and contractors; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in an amount specified by the Town. The Town may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
4. OTHER INSURANCE PROVISIONS.
4.1 General Liability and Automobile Liability Coverages. The General Liability and Automobile Liability insurance policies required pursuant to Sections 1.1 and 1.2 shall contain or be endorsed contain the following provisions:
4.1.1 The Town, its officials, employees, agents, contractors and volunteers are covered as additional insureds with respect to liability arising out of work or operations performed by, or on behalf of, the Consultant including materials, parts or equipment furnished in connection with such work or operations, and products and completed operations of the Consultant on premises owned, leased or used by the Consultant. The coverage shall be at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 23 37 if later versions used.
4.1.2 The Consultant's insurance coverage is the primary insurance as respects the Town, its officials, employees, agents, contractors, and volunteers. Any insurance or self-insurance maintained by the Town, its officials, employees, agents, contractors, and volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
4.1.3 The Insurance Company agrees to waive all rights of subrogation against the Town, its elected or appointed officers, officials, agents, and employees for losses paid under the terms of any policy which arise from work performed by the Town's insurer.
4.1.4 Coverage shall not be canceled by either party, except after thirty (30) days prior written notice (10 days for non-payment) by regular mail has been given to the Town.
4.1.5 Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officials, employees, agents or contractors.
4.1.6 Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
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4.2 Worker's Compensation Insurance. The Worker's Compensation Policy required pursuant to Section 1 .3 shall contain or be endorsed to contain the provisions set forth in subsections 4.1.3 and 4.1.4 above.
4.3 Acceptability of Insurers. All required insurance shall be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Town.
4.3 Claims Made Policies. If any of the required policies provide claims-made coverage, the Town requires that coverage with a Retroactive Date prior to the contract effective date, or extended reporting period, be maintained by Consultant for a period of 5 years after completion of the contract.
5. VERIFICATION OF COVERAGE. Consultant shall furnish the Town with original certificates and amendatory endorsements affecting coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the Town before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. The Town reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time.
Proof of insurance shall be mailed to the following address:
Town of Portola Valley
Attn: Town Clerk
765 Portola Road
Portola Valley, CA 94028
6. SUBCONTRACTORS. Consultant shall include all subcontractors as insureds under its policies or shall require and verify that all subcontractors maintain insurance meeting all the requirements of this contract.
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FIRST AMENDMENT TO AGREEMENT FOR
BUILDING PLAN REVIEW AND INSPECTIONSERVICES
BETWEEN THE TOWN OF PORTOLA VALLEY
AND CSG CONSULTANTS, INC.
RECITALS
A. This First Amendment is made as of this 25th day of May 2016, by and between the Town of Portola Valley ('Town") and CSG Consultants, Inc. ("Consultant").
B. The parties hereto desire to amend that certain Agreement for Building Plan Review and Inspection Services ("Agreement") entered into between them on July 24, 2013.
AMENDMENT
1. Section 5 of the Agreement is hereby amended to read as follows:
TERM. This Agreement shall remain in effect until June 30, 2019 or until terminated in accordance with Section 17. ·
2. The compensation for services identified in Exhibit C of the Agreement is replaced in its entirety with the new fee schedule attached hereto and incorporated herein.
3. The remainder of the Agreement shall remain unamended and in full force and effect. In the event of conflict between the Agreement and this Amendment, the terms of this Amendment shall prevail.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first written above.
TOWN OF PORTOLA VALLEY
Mayor
ATTEST:
CSG CONSULTANTS, INC.
By: ~~ Charles Rider
Secretary
Taxpayer 1.0. No.: 91-2053749
C:\Users\gregm\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5SNSS0SQ\CSG Amendment
1.doc
EXHIBIT C
BUILDING SERVICES FEE SCHEDULE
CSG invoices monthly for services provided the previous month. The City will receive a detailed account of work performed and cost.
Plan Review Services
Building Plan Review ................................................................ 75% of City's fee Includes up to 3 resubmittals
Building Plan Review (Hourly) .................................................. $92.00 per hour Plan review includes revisions, deferred
submittals, etc.
Structural Plan Review Only ...................................................... 50% of City's fee Fire Plan Review ...................................................................... $97.00 per hour Expedited Plan Review ............................................................ 90% of City's fee Expedited Plan Review (Hourly) ................................................ 1.5 x CSG's hourly review fee Building Inspection Services
Residential Combination Building lnspector .............................. $88.00 per hour Four (4) hour minimum per request
Work beyond four (4) hours, billed at eight (8) hours
Senior Building Inspector ......................................................... $98.00 per hour Four (4) hour minimum per request
Work beyond four (4) hours, billed at eight (8) hours
Building Department Services
Permit Counter Technician ...................................................... $72.00 per hour Should the scope of work change or circumstances develop which necessitate special handling, we will notify the City prior to proceeding. Annual adjustments may be made by mutual agreement based upon current CPI. At the City's request, CSG staff can be available for special overtime and night hourly requests, at one and one-half time compensation, and weekend and holiday hourly requests, at double time compensation.
CSG Consultants, Inc.
550 Pilgrim Drive
Foster City, CA 94404
May 20, 2016
Susan D. Cope
Administrative Services Manager
Town of Portola Valley
765 Portola Road
Portola Valley, CA 94028
-\i{~~ttt-··
~~'<1.triiiq~s -
RE: FIRST AMENDMENT TO AGREEMENT FOR BUILDING PLAN REVIEW AND INSPECTION SERVICES BETWEEN THE TOWN OF PORTOLA VALLEY AND CSG CONSULTANTS, INC.
Dear Ms. Cope,
Enclosed please find two (2) signed original of the First Amendment to Agreement for Building Plan Review and Inspection Services between the Town of Portola Valley and CSG Consultants, Inc.
Upon the Town's final signatures, please return an executed copy to my attention via email at [email protected], or mail a hard copy to:
CSG Consultants, Inc.
550 Pilgrim Drive
Foster City, CA 94404
We appreciate this continued opportunity to service the Town of Portola Valley.
Should you have any questions or concerns, feel free to contact me by phone at (650) 522-2523 or by email at [email protected].
Sincerely,
Gregory Masztal
Administrative Assistant
Enclosures
cc: Project Files
Building Plan Review & Inspection
Fire Life Safety Plan Review & Inspection
Infrastructure Design
Development Review
Municipal Engineering
Planning
Sustainability Program Management
Digital Plan Review Software and Services
Phone (650) 522-2500 I Fax (650) 522-2599 I www.csgengr.com GRUN Bumms
SECOND AMENDMENT TO AGREEMENT
BETWEEN THE TOWN OF PORTOLA VALLEY AND CSG CONSULTANTS, INC.
This Amendment 2 ("Amendment") is made as of July 1, 2019, with respect to the Agreement ("Agreement") by and between the Town of Portola Valley ("Town") and CSG Consultants, Inc. ("Consultant").
RECITALS
A. The Town and Consultant entered into the Agreement for building plan review/inspection services on July 24, 2013.
B. The parties entered into Amendment No. 1 on May 25, 2016.
C. The Town and Consultant desire to modify the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, the Town and Consultant do hereby agree as follows:
1. Term. Section 5 of the Agreement is hereby amended to read as follows:
TERM. This Agreement shall remain in effect until June 30, 2020 or until terminated in accordance with Section 17.
2. Scope. Exhibit A of the Agreement is amended to add the following service: "C.
Public works and engineering inspection and construction management services, as needed per rate sheet attached as Exhibit C".
3. Compensation. The compensation for services identified in Exhibit C of the Agreement is replaced in its entirety with the new fee schedule attached hereto and incorporated herein.
4. Agreement. Other than the amendments set forth herein, no other provisions of the Agreement are amended and all other provisions of the Agreement are in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment 2 as of the date set forth above.
II
II
1
TOWN OF PORTOLA VALLEY: CSG CONSULTANTS, INC.
ASSOCIATES:
~ 2<43:1-ts
Ann Wengert, Mayor Charles Rider, Secretary
ATTEST:
Town Clerk
2
FEE SCHEDULE TO THE
Town of Portola Valley
FOR
FY 2019-2020 Consulting Services
PREPARED BY
CSG Consultants, Inc.
EXHIBIT C
CSG's fee schedule for FY 2019 - 2020 is provided in the table below.
The fees are effective from July 1, 2019 through June 30, 2020.
I . - . • .
Residential Combination Building Inspector
Four (4) hour minimum per request
Work beyond four /4) hours, billed at eight /8) hours
Building Official/ Senior Building Inspector
Four (4) hour minimum per request
Work beyond four /4) hours, billed ot eight /BJ hours
Public Works Inspector/ Assistant Resident Engineer
Resident Engineer
Permit Counter TeC:hnician
!Assistant Plannef""_, ____ "_ ....................... .
I senior Plan'.:.~L--•e••--
All Inclusive Fee/ Hourly Rate
$95
$108
All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, travel and office expenses. Overtime work will be billed ot 1.Sx the hourly rates indicated in the table above. On July 1st of each year, CSG will initiate a rate increase based on change in CPI for the applicable region. CSG will mail an invoice at the beginning of every month for services rendered during the previous month.
THIRD AMENDMENT TO AGREEMENT
BETWEEN THE TOWN OF PORTOLA VALLEY AND CSG CONSULTANTS, INC.
This Amendment 3 ("Amendment") is made as of July 1, 2020, with respect to the Agreement ("Agreement") by and between the Town of Portola Valley ("Town") and CSG Consultants, Inc. ("Consultant").
RECITALS
A. The Town and Consultant entered into the Agreement for building plan review/inspection services on July 24, 2013.
B. The parties entered into Amendment No. 1 on May 25, 2016.
C. The parties entered into Amendment No. 2 on July 1, 2019.
D. The Town and Consultant desire to modify the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, the Town and Consultant do hereby agree as follows: ·
1. Term. Section 5 of the Agreement is hereby amended to read as follows:
TERM. This Agreement shall remain in effect until September 30, 2020 or until terminated in accordance with Section 17.
2. Agre~ment. Other than the amendments set forth herein, no other provisions of the Agreement are amended and all other provisions of the Agreement are in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment 3 as of the date set forth above.
TOWN OF PORTOLA VALLEY: CSG CONSULT ANTS, INC.
ASSOCIATES:
Jeff Aalfs, Mayor N me:c. lA 5 ki'o..n r ou./
Authorized Representative
ATTEST:
~~
Sharon Hanlon, Town Clerk
1 1
______
FOURTH AMENDMENT TO AGREEMENT
BETWEEN THE TOWN OF PORTOLA VALLEY AND CSG CONSULTANTS, INC.
This Amendment 4 (“Amendment”) is made as of October 14, 2020, with respect to the Agreement (“Agreement”) by and between the Town of Portola Valley (“Town”) and CSG Consultants, Inc. (“Consultant”).
RECITALS
A. The Town and Consultant entered into the Agreement for building plan review/inspection services on July 24, 2013.
B. The parties entered into Amendment No. 1 on May 25, 2016.
C. The parties entered into Amendment No. 2 on July 1, 2019.
D. The parties entered into Amendment No. 3 on June 24, 2020.
E. The Town and Consultant desire to modify the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, the Town and Consultant do hereby agree as follows:
1. Term. Section 5 of the Agreement is hereby amended to read as follows:
TERM. This Agreement shall remain in effect until June 30, 2021 or until terminated in accordance with Section 17.
2. Compensation. The billing rates for services identified in Exhibit A of the Agreement is replaced in its entirety with the new fee schedule attached hereto and incorporated herein as Exhibit A1.
3. Agreement. Other than the amendments set forth herein, no other provisions of the Agreement are amended and all other provisions of the Agreement are in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment 4 as of the date set forth above.
TOWN OF PORTOLA VALLEY: CSG CONSULTANTS, INC.
_____
Jeff Aalfs, Mayor
Cyrus Kianpour, PE, PLS
President
ATTEST:
Sharon Hanlon, Town Clerk
_____________________________
2 Fee Schedule
FOR
Town of Portola Valley
Exhibit A1
FY 2020-2021 Consulting Services
PREPARED BY
CSG Consultants, Inc.
CSG’s fee schedule is provided in the table below. These fees are effective from October 1, 2020 through June 30, 2021.
Service/Personnel Hourly Rate
Residential Combination Building Inspector
Four (4) hour minimum per request
Work beyond four (4) hours billed at eight (8) hours
$97
Senior Building Inspector
Four (4) hour minimum per request
Work beyond four (4) hours billed at eight (8) hours
$110
BuildingOfficial $140
Public WorksInspector / Assistant Resident Engineer $137 Resident Engineer $193
Permit Counter Technician $76
Assistant Planner $122
Senior Planner $152
All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, travel and office expenses. Over time work will be billed at 1.5x the hourly rates indicated in the table above. On each anniversary of the contract start date, CSG will initiate a rate increase based on change in CPI for the applicable region. CSG will mail an invoice every month for services rendered during the previous month.
AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE
TOWN OF PORTOLA VALLEY AND CSG CONSULTANTS, INC.
This Amendment 2 (“Amendment”) is made as of July 1, 2022, with respect to the Agreement (“Agreement”) by and between the Town of Portola Valley (“Town”) and CSG Consultants, Inc. (“Consultant”).
RECITALS
A. The Town and Consultant entered into the Agreement for code enforcement services on April 5, 2021.
B. The parties entered into Amendment 1 on August 11, 2021.
C. The Town and Consultant desire to extend the term and add funds to the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, the Town and Consultant do hereby agree as follows:
1. Term. Section 5 of the Agreement is hereby amended to read as follows:
TERM. This Agreement shall remain in effect until June 30, 2023, or until terminated in accordance with Section 17.
2. Compensation. The compensation identified in Exhibit C of the Agreement is increased to a total not to exceed amount of $60,000.
3. Agreement. Other than the amendments set forth in Sections 1 and 2 above, no other provisions of the Agreement are amended, and all other provisions of the Agreement are in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment 2 as of the date set forth above.
TOWN OF PORTOLA VALLEY: CSG CONSULTANTS, INC.:
By: _______________________
Craig Hughes, Mayor
By: _______________________
Cyrus Kianpour, President
ATTEST:
____________________________
Melissa Thurman, Town Clerk
EXHIBIT C
(Compensation)
CSG Professional Services Fee
July 1, 2022
Service / Personnel FY 22-23 Hourly
Rates
Code Enforcement Inspector $137
All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, and office expenses. Overtime work will be billed at
1.5 X the hourly rates indicated in the table above. Should the scope of work change or circumstances develop which necessitate special handling, CSG will notify the City prior to proceeding. On each July, CSG will initiate a rate increase based on the change in CPI for the applicable region. CSG will invoice on a monthly basis for services rendered during the prior month. Unless otherwise agreed, payment terms are 30-days from receipt of invoice.
5 April
AGREEMENT FOR
CODE ENFORCEMENT SERVICES
THIS AGREEMENT is made and entered into this_ day of ___ _ , 2021 by and between the Town of Portola Valley, a municipal corporation, ("Town") and CSG Consultants, Inc., a California corporation, ("Consultant").
RECITALS
A. The Town desires to retain the professional consulting services of Consultant as an independent contractor to provide code enforcement services to the Town, as described in more detail in Exhibit A. Consultant will work with the Town to manage code enforcement cases.
B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employe~s.
NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants and conditions contained herein, the parties hereby agree as follows:
1. SCOPE AND LEVEL OF SERVICES. The nature, scope and level of the specific services to be performed by Consultant are as set forth in detail in Exhibit A attached hereto. ·
2. TIME OF PERFORMANCE. The services shall be performed on a timely, regular basis in accordance with the Schedule of Performance attached hereto as Exhibit B.
3. STANDARD OF PERFORMANCE. As a material inducement to the Town to enter into this Agreement, Consultant hereby represents and warrants that it has the qualifications and experience necessary to undertake the services to be provided pursuant to this Agreement. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the Town. Consultant hereby covenants that it shall follow the highest professional standards in performing all services required hereunder and will perform the services to a standard of reasonable professional care.
4. COMPLIANCE WITH LAW. All services rendered hereunder by Consultant shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of the Town, and any federal, state or local governmental agency having jurisdiction in effect at the time the service is rendered. 1 P:\Plan Bldg\Contracts\CSG Code Enforcement Services\Code Enforcement Services Contract.docx
5. TERM. This Agreement is effective on the date set forth in the initial paragraph of this Agreement and shall remain in effect until August 31, 2021, unless earlier terminated pursuant to Section 17, below.
6. COMPENSATION. The Town agrees to compensate Consultant for its services according to the fee schedule set forth in Exhibit C, to a maximum not to exceed Twenty Thousand Dollars ($20,000). The Town also agrees to compensate Consultant for its out-of-pocket expenses to the extent authorized in Exhibit C. In no event shall the total compensation and costs payable to consultant under this Agreement exceed the sum of One Thousand Dollars ($1,000), unless specifically approved in writing by the Town Council.
7. METHOD OF PAYMENT. Consultant shall invoice the Town for work performed after each task is completed as set forth in Exhibit B. Payments to Consultant by Town shall be made within thirty (30) days after receipt by Town of Consultant's itemized invoices.
8. REPRESENTATIVE. Robert Cushing is hereby designated as the representative of Consultant authorized to act on its behalf with respect to the services specified herein. It is expressly understood that the experience, knowledge, capability and reputation of CSG Consultants, Inc. were a substantial inducement for Town to enter into this Agreement. Therefore, Robert Cushing shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The representative may not be changed by Consultant without the express written approval of the Town.
9. INDEPENDENT CONTRACTOR. Consultant is, and shall at all times remain as to the Town, a wholly independent contractor and not an agent or employee of Town. Consultant shall receive no premium or enhanced pay for work normally understood as overtime, nor shall Consultant receive holiday pay, sick leave, administrative leave, or pay for any other time not actually worked. The intention of the parties is that Consultant shall not be eligible for benefits and shall receive no compensation from the Town except as expressly set forth in this Agreement. Consultant shall have no power to incur any debt, obligation, or liability on behalf of the Town or otherwise act on behalf of the Town as an agent. Neither the Town, nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall at no time, or in any manner, represent that it or any of its agents or employees are in any manner employees of the Town. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold the Town harmless from any and all taxes, assessments, penalties, and interest asserted against the Town by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the worker's compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold the Town harmless from any failure of Consultant to comply with applicable worker's compensation laws. The Town shall not have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to Town from Consultant as a result of Consultant's 2 P:\Plan Bldg\Contracts\CSG Code Enforcement Services\Code Enforcement Services Contract.docx
failure to promptly pay the Town any reimbursement or indemnification arising under this Section.
10. CONFIDENTIALITY. Consultant, in the course of its duties, may have access to financial, accounting, statistical and personal data of private individuals and employees of the Town. Consultant covenants that all data, documents, discussion, or other information developed and received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by the Town. The Town shall grant such authorization if disclosure is required by law. Upon request, all Town data shall be returned to the Town upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.
11. OWNERSHIP OF MATERIAL. All reports, documents, or other written materials developed or discovered by Consultant or any other person engaged directly or indirectly by Consultant in the performance of this Agreement shall be and remain the property of the Town without restriction or limitation upon its use or dissemination by the Town.
12. CONFLICT OF INTEREST. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. Consultant agrees not to accept any employment or representation during the term of this Agreement which is or may make Consultant "financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decision made by the Town on any matter in connection with which Consultant has been retained pursuant to this Agreement. Nothing in this section shall, however, preclude Consultant from accepting other engagements with the Town.
13. ASSIGNABI LITY: SUBCONTRACTING. The parties agree that the expertise and experience of Consultant are material considerations for this Agreement.
Consultant shall not assign, transfer, or subcontract any interest in this Agreement, nor the performance of any of Consultant's obligations hereunder, without the prior written consent of the Town Council, and any attempt by Consultant to do so shall be void and of no effect and a breach of this Agreement.
14. INDEMNIFICATION.
14.1 To the fullest extent permitted by law, Consultant shall indemnify, defend (with independent counsel approved by the Town) and hold harmless the Town, and its elective or appointive boards, officers, employees, agents and volunteers against any claims, losses, or liability that may arise out of or result from damages to property or personal injury received by reason of, or in the course of work performed under this 3 P:\Plan Bldg\Contracts\CSG Code Enforcement Services\Code Enforcement Services Contract,docx
Agreement due to the acts or omIssIons of Consultant or Consultant's officers, employees, agents or subcontractors. The provisions of this Section survive completion of the services or the termination of this Agreement. The acceptance of such services shall not operate as a waiver of such right of indemnification.
14.2 With regard to Consultant's professional services, Consultant agrees to use that degree of care and skill ordinarily exercised under similar circumstances by members of Consultant's profession, including without limitation adherence to all applicable safety standards. To the fullest extent permitted by law, Consultant shall indemnify, defend (with independent counsel approved by the Town) and hold harmless the Town, and its elective or appointive boards, officers, and employees from and against all liabilities, including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including, but not limited to, reasonable attorneys' fees, court costs and costs of alternative dispute resolution regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of Consultant or Consultant's officers, employees, agents or subcontractors. The provisions of this Section survive completion of the services or the termination of this Agreement. The acceptance of said services and duties by Town shall not operate as a waiver of such right of indemnification.
14.3 The Town does not and shall not waive any rights that they may possess against Consultant because of the acceptance by the Town or the deposit with the Town of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
15. INSURANCE REQUIREMENTS. Consultant agrees to have and maintain the policies set forth in Exhibit D entitled "INSURANCE REQUIREMENTS," which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the Town Attorney as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the Town Attorney. Consultant agrees to provide Town with a copy of said policies, certificates, and/or endorsements before work commences under this Agreement. A lapse in any required amount or type of insurance coverage during this Agreement shall be a breach of this Agreement.
16. SUSPENSION . The Town may, in writing, order Consultant to suspend all or any part of Consultant's services under this Agreement for the convenience of the Town, or for work stoppages beyond the control of the Town or the Consultant. Subject to the provisions of this Agreement relating to termination, a suspension of work does not void this Agreement. In the event that work is suspended for a period exceeding 120 days, the schedule and cost for completion of the work will be adjusted by mutual consent of the parties.
4 P:\Plan Bldg\Contracts\CSG Code Enforcement Services\Code Enforcement Services Contract.docx
17. TERMINATION.
17.1 This Agreement may be terminated by either the Town or Consultant following five (5) days written notice of intention to terminate. In the event the Agreement is terminated, Consultant shall be paid for any services properly performed working day
to the last
the Agreement is in effect. Consultant shall substantiate services by an
the final cost of
itemized, written statement submitted
termination shall be
to the Town. The Town's right of
in addition to all other remedies available under law to the Town. copies of all
17.2 In the event of termination, Consultant shall deliver to the Town under
reports , documents, computer disks, and other work prepared by Consultant this Agreement, if any. If Consultant
disk
's written work is contained on a hard computer
hard
,
disk,
Consultant shall, in addition to providing a written copy of the information on the immediately
computer disk and
transfer all written work from the hard computer disk to a soft deliver said soft computer disk to Town. Town shall not pay Consultant for services performed by Consultant through the last working day the Agreement effect unless and until Consultant
is in
has delivered the above described items to the Town.
and all
18. CONSULTANT'S BOOKS AND RECORDS. Consultant shall maintain any or documents
ledgers, books of account, invoices, vouchers, canceled checks, and other records equipment provided
evidencing or relating to charges for services, supplies, materials, or period
to Town for a minimum period of three (3) years, or for any longer Agreement.
required by law, from the date of final payment to Consultant pursuant to this party of
19. any breach
NON-WAIVER OF TERMS, RIGHTS AND REMEDIES. Waiver by either shall not be
or violation of any one or more terms or conditions of this Agreement waiver of any
deemed
subsequent
to be a waiver of any other term or condition contained herein or a Acceptance
breach or violation of the same or any other term or condition. not be deemed
by the Town of the performance of any work or services by Consultant shall to be a waiver of any term or condition of this Agreement. shall
In no event
waiver
the
by
Town's making of any payment to Consultant constitute or be construed as a on the part
the
of
Town
Consultant,
of any breach of this Agreement, or any default which may then exist way impair or prejudice
and the making of any such payment by the Town shall in no breach or default.
any right or remedy available to the Town with regard to such 5 P:\Plan Bldg\Contracts\CSG Code Enforcement Services\Code Enforcement Services Contract.docx
20. NOTICES. Any notices, bills, invoices, reports or other communications required or permitted to be given under this Agreement shall be given in writing by personal delivery, by facsimile transmission with verification of receipt or by U.S. mail, postage prepaid, and return receipt requested, addressed to the respective parties as follows:
To Town:
Town Manager
Town of Portola Valley
765 Portola Road
Portola Valley, CA 94028
Fax: (650) 851-4677
To Consultant:
Cyrus Kianpour, President
CSG Consultants, Inc.
550 Pilgrim Drive
Foster City, CA 94404
Phone: (650) 522-2500
Fax: (650) 522-2599
Notice shall be deemed communicated on the earlier of actual receipt or forty-eight (48) hours after deposit in the U.S. mail, the date of delivery shown on deliverer's receipt, or by acknowledgment of facsimile transmission.
21. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental handicap, or medical condition. Consultant will take affirmative action to ensure that employees are treated without regard to race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental handicap, or medical condition.
22. ATTORNEYS' FEES: VENUE. In the event that any party to this Agreement commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled. The venue for any litigation shall be San Mateo County.
23. COOPERATION. In the event any claim or action is brought against the Town relating to Consultant's performance or services under this Agreement, Consultant shall render any reasonable assistance and cooperation which Town might require.
24. EXHIBITS, PRECEDENCE. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement.
25. PRIOR AGREEMENTS AND AMENDMENTS: ENTIRE AGREEMENT.
This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between the Town and Consultant. This Agreement supersedes all prior oral and written negotiations, representations or agreements. No prior oral or written understanding shall be of any force or effect with 6 P:\Pfan Bldg\Contracts\CSG Code Enforcement Services\Code Enforcement Services Contract.docx
respect to those matters covered hereunder. This Agreement may only be modified by a written amendment duly executed by the parties to this Agreement. Any amendment relating to compensation for Consultant shall be for only a not-to-exceed sum.
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement effective as of the date written above.
TOWN OF PORTOLA VALLEY:
By:
Town Manager
ATTEST:
Town Clerk
7 Title: President
EIN
P:\Plan Bldg\Contracts\CSG Code Enforcement Services\Code Enforcement Services Contract.docx
EXHIBIT A
(SCOPE AND LEVEL OF SERVICES)
Manage code enforcement cases including: responding to complaints, inspections, correspondence, use of Town’s tracking system, and other related duties on an asneeded basis at the direction of the Planning & Building Director.
EXHIBIT B
(SCHEDULE OF PERFORMANCE)
Contract services shall be performed on an as-needed basis pursuant to a time schedule directed by the Planning & Building Director on a case by case basis.
EXHIBIT C
(COMPENSATION)
Title Rate
Senior Code Enforcement Officer $130/hour
The Town does not pay for travel time. Consultant shall provide their own vehicle. Travel expenses are included in the hourly rate.
All hourly rates include overhead costs including, but not limited to, salaries, benefits, workers compensation insurance, travel and office expenses.
Subject to Town approval, CSG shall be compensated for additional expenses, not to exceed $1,000 during the contract term. These expenses shall consist of things like delivery expenses, printing and binding costs not normally included in overhead or hourly rates.
CSG will mail an invoice every month for services rendered during the previous month.
EXHIBIT D
(INSURANCE REQUIREMENTS)
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to or interference with property which may arise from, or in connection with, the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors.
1. MINIMUM SCOPE OF INSURANCE. Coverage shall be at least as broad as:
1.1 Insurance Services Office Form No. CG 0001 covering General Liability and Commercial General Liability on an “occurrence” basis.
1.2 Insurance Services Office Form No. CA 0001 covering Automobile Liability, Code 1 (any auto), Code 8 (hired autos) or Code 9 (non-owned autos), if Consultant has no owned autos.
1.3 Workers’ Compensation Insurance as required by the Labor Code of the State of California and Employer’s Liability Insurance.
1.4 Errors and Omissions Liability Insurance appropriate to the Consultant’s profession. Architects’ and Consultants’ coverage is to be endorsed to include contractual liability.
2. MINIMUM LIMITS OF INSURANCE. Consultant shall maintain limits no less than:
2.1 Comprehensive General Liability. (Including products-completed operations, personal & advertising injury) One Million Dollars ($1,000,000) combined single limit per claim and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, personal injury and property damage. 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 occurrence limit.
2.2 Automobile Liability. One Million Dollars ($1,000,000) combined single limit per accident for bodily injury and property damage.
2.3 Workers’ Compensation and Employers Liability. Workers’ compensation limits as required by the Labor Code of the State of California. One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
2.4 Errors and Omissions Liability. Two Million Dollars ($2,000,000) per occurrence.
3. DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to, and approved by, the Town. At the option of the Town, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Town, its officials, employees, agents and contractors; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in an amount specified by the Town. The Town ay require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
4. OTHER INSURANCE PROVISIONS.
4.1 General Liability and Automobile Liability Coverages. The General Liability and Automobile Liability insurance policies required pursuant to Sections 1.1 and
1.2 shall contain or be endorsed contain the following provisions:
4.1.1 The Town, its officials, employees, agents, contractors and volunteers are covered as additional insureds with respect to liability arising out of work or operations performed by, or on behalf of, the Consultant including materials, parts or equipment furnished in connection with such work or operations, and products and completed operations of the Consultant on premises owned, leased or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officials, employees, agents and contractors.
4.1.2 The Consultant’s insurance coverage is the primary insurance as respects the Town, its officials, employees, agents, contractors, and volunteers. Any insurance or self-insurance maintained by the Town, its officials, employees, agents, contractors, and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
4.1.3 The Insurance Company agrees to waive all rights of subrogation against the Town, its elected or appointed officers, officials, agents, and employees for losses paid under the terms of any policy which arise from work performed by the Town’s insurer.
4.1.4 Coverage shall not be canceled by either party, except after thirty (30) days prior written notice (10 days for non-payment) by regular mail has been given to the Town.
4.1.5 Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officials, employees, agents or contractors.
4.1.6 Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
4.2 Worker’s Compensation Insurance. The Worker’s Compensation Policy required pursuant to Section 1.3 shall contain or be endorsed to contain the provision set forth in subsection 4.1.4 above.
4.3 Acceptability of Insurers. All required insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Town.
4.3 Claims Made Policies. If any of the required policies provide claimsmade coverage, the Town requires that coverage be maintained by Consultant for a period of 5 years after completion of the contract.
5. VERIFICATION OF COVERAGE. Consultant shall furnish the Town with original certificates, amendatory endorsements, and actual policies of insurance effecting coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the Town before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive consultant’s obligation to provide them. The Town reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time.
Proof of insurance shall be mailed to the following address:
Town of Portola Valley
Attn: Town Clerk
765 Portola Road
Portola Valley, CA 94028
6. SUBCONTRACTORS. Consultant shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor.
AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE
TOWN OF PORTOLA VALLEY AND CSG CONSULTANTS, INC.
This Amendment 1 ("Amendment") is made as of August 11, 2021 with respect to the Agreement ("Agreement") by and between the Town of Portola Valley (''Town") and CSG Consultants, Inc. ("Consultant").
RECITALS
A The Town and Consultant entered into the Agreement for code enforcement services on April 5, 2021.
B. The Town and Consultant desire to extend the term, and add funds to the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, the Town and Consultant do hereby agree as follows:
1. Term. The term of the Agreement shall be extended to June 30, 2022, unless terminated earlier pursuant to the terms of the Agreement.
2. Compensation. The compensation for services identified in Exhibit C of the Agreement is increased to a total not to exceed amount of $45,000.
3. Agreement. Other than the amendments set forth in Sections 1 and 2 above, no other provisions of the Agreement are amended, and all other provisions of the Agreement are in full force and effect
IN WITNESS WHEREOF, the parties have executed this Amendment 1 as of the date set forth above.
TOWN OF PORTOLA VALLEY:
By:
TownManager
ATTEST:
Town Clerk
1 AMENDMENT 1 to Code Enforcement Services Contract
FIFTH AMENDMENT TO AGREEMENT
BETWEEN THE TOWN OF PORTOLA VALLEY AND
CSG CONSULTANTS, INC.
This Amendment 5 ("Amendment") is made as of August 11, 2021, with respect to the Agreement ("Agreement") by and between the Town of Portola Valley ("Town") and CSG Consultants, Inc. ("Consultant").
RECITALS
A. The Town and Consultant entered into the Agreement for building plan review/ inspection services on July 24, 2013.
B. The parties entered into Amendment No. 1 on May 25, 2016.
C. The parties entered into Amendment No. 2 on July 1, 2019.
D. The parties entered into Amendment No. 3 on June 24, 2020.
E. The parties entered into Amendment No. 4 on October 14, 2020.
F. The Town and Consultant desire to extend the term of the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, the Town and Consultant do hereby agree as follows:
II
II
II
II
1. Term. Section 5 of the Agreement is hereby amended to read as follows:
TERM. This Agreement shall remain in effect until June 30, 2022 or until terminated in accordance with Section 17.
2. Compensation. The compensation for services identified in Exhibit A of the Agreement is replaced in its entirety with the new fee schedule attached hereto and incorporated herein.
3. Agreement. Other than the amendments set forth herein, no other provisions of the Agreement are amended and all other provisions of the Agreement are in full force and effect.
1
IN WITNESS WHEREOF, the parties have executed this Amendment 5 as of the date set forth above.
TOWN OF PORTOLA VALLEY: CSG CONSULTANTS, INC.
ASSOflAT~S: .
~ c::::=>.
, MaryannDerwin,'Mayor , PLS
Sharon Hanlon, Town Clerk
2
EXHIBIT A
Rate Schedule FY 21-22
Town of Portola Valley Professional Services Fee Amendment Effective July 1, 2021
CSG's hourly rates for the FY 21-22 are provided in the table below. The hourly rates will be effective from July 1, 2021 through June 30, 2022 and are 3.8% Increase from previous rates.
CSG's fee schedule which includes fees for personnel providing the proposed scope of work is provided in the table below. We will coordinate the pickup and return of all plans via CSG staff or licensed courier service. This service is provided at no additional cost. CSG will mail an invoice at the beginning of every month for services rendered during the previous month.
Service/ Personnel
Res1dent1al Combmat,on Bu1ld1ng Inspector $97 $101
Four (4) hour minimum per request i
Work beyond four (4) hours, billed at eight (8) hours
I
I .. ••--~---•»>'>"'"= ::r· Senior Building Inspector $110 Four (4) hour minimum per request
W~rk b_':,V,~".~ fou!_(4) hours, billed at eight-·· .. -- ••.. ~--« <««·« Building Official ···s1,ici
·1i-ublic Works Inspector I Assistant Resident Engineer ~-,~--=,
-~137 ""'··-
Resident Engineer $193 ·~-•«>-»«•--· - Permit Counter Technician $76 ,,_>SH< Assistant Planner $122
Senior Planner I $152 --~---·
All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, and office expenses. Overtime work will be billed at 1.5 X the hourly rates indicated in the table above.
Should the scope of work change or circumstances develop which necessitate special handling, CSG will notify the City priarto proceeding. On each anniversary of the contract start date, CSG w/11 Initiate a rate increase based on the change in CPI for the applicable region. 3 AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE
TOWN OF PORTOLA VALLEY AND CSG CONSULTANTS, INC.
This Amendment 2 (“Amendment”) is made as of July 1, 2022, with respect to the Agreement (“Agreement”) by and between the Town of Portola Valley (“Town”) and CSG Consultants, Inc. (“Consultant”).
RECITALS
A. The Town and Consultant entered into the Agreement for planning staff augmentation services on April 5, 2021.
B. The parties entered into Amendment No. 1 on August 11, 2021.
C. The Town and Consultant desire to extend the term and add funds to the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, the Town and Consultant do hereby agree as follows:
1. Term. Section 5 of the Agreement is hereby amended to read as follows:
TERM. This Agreement shall remain in effect until June 30, 2023, or until terminated in accordance with Section 17.
2. Compensation. For services charged to deposit accounts for private development projects, the compensation limit shall not apply, and Consultant may charge for services performed on an hourly basis at the rates set forth in Exhibit B. The Town shall pass through those charges to the applicable deposit accounts. For work that is not reimbursable, the compensation limit is increased to a total not to exceed amount of $55,000
3. Agreement. Other than the amendments set forth in Sections 1 and 2 above, no other provisions of the Agreement are amended, and all other provisions of the Agreement are in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment 2 as of the date set forth above.
TOWN OF PORTOLA VALLEY: CSG CONSULTANTS, INC.:
By: _______________________
Craig Hughes, Mayor
By: _______________________
Cyrus Kianpour, President
ATTEST:
____________________________
Melissa Thurman, Town Clerk
EXHIBIT B
(Compensation)
CSG Professional Services Fee
July 1, 2022
CSG's fee schedule which includes fees for personnel providing the proposed scope of work is provided in the table below. We will coordinate the pickup and return of all plans via CSG staff or licensed courier service. This service is provided at no additional cost. CSG will mail an invoice at the beginning of every month for services rendered during the previous month.
Service / Personnel FY 22-23 Hourly
Rates
Permit Counter Technician $83
Assistant Planner $133
Senior Planner $166
All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, and office expenses. Overtime work will be billed at
1.5 X the hourly rates indicated in the table above. Should the scope of work change or circumstances develop which necessitate special handling, CSG will notify the City prior to proceeding. On each July, CSG will initiate a rate increase based on the change in CPI for the applicable region. CSG will invoice on a monthly basis for services rendered during the prior month. Unless otherwise agreed, payment terms are 30-days from receipt of invoice.
AGREEMENT FOR
PLANNING SERVICES
THIS AGREEMENT is made and entered into this S61i'ay of tll-\VtlV by and between the Town of Portola Valley, a municipal corporation, ("Town") Consultants, Inc. ("Consultant").
RECITALS
.2QZO
d CSG
A. The Town desires to retain the professional consulting services of Consultant as an independent contractor to provide planning staff augmentation services to the Town, as described in more detail in Exhibit A.
B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants and conditions contained herein, the parties hereby agree as follows:
1. SCOPE AND LEVEL OF SERVICES. The nature, scope and level of the specific services to be performed by Consultant are as set forth in detail in Exhibit A attached hereto.
2. TIME OF PERFORMANCE. The services shall be performed on a timely, regular basis as agreed upon bE;itween the consultant and Planning and Building Director.
3. STANDARD OF PERFORMANCE. As a material inducement to the Town to enter into this Agreement, Consultant hereby represents and warrants that it has the qualifications and experience necessary to undertake the services to be provided pursuant to this Agreement. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the Town.
Consultant hereby covenants that it shall follow the highest professional standards in performing all services required hereunder and will perform the services to a standard of reasonable professional care.
4. COMPLAINCE WITH LAW. All services rendered hereunder by Consultant shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of the Town, and any federal, state or local governmental agency having jurisdiction in effect at the time the service is rendered.
5. TERM. This Agreement is effective on the date set forth in the initial paragraph of this Agreement and shall remain in effect until the services required 1
hereunder have been satisfactorily completed by Consultant, unless earlier terminated pursuant to Section 17, below.
6. COMPENSATION. The Town agrees to compensate Consultant for its services according to the fee schedule set forth in Exhibit B, to a maximum of twentyfive thousand dollars ($25,000). In no event shall the total compensation payable to consultant under this Agreement exceed the sum of twenty-five thousand dollars ($25,000), unless specifically approved in writing by the Town Council.
7. METHOD OF PAYMENT. Consultant shall invoice the Town for work performed on a monthly basis at the rates set forth in Exhibit B. Payments to Consultant by Town shall be made within thirty (30) days after receipt by Town of Consultant's itemized invoices.
8. REPRESENTATIVE. Suzanne Avila is hereby designated as the representative of Consultant authorized to act on its behalf with respect to the services specified herein. It is expressly understood that the experience, knowledge, capability and reputation of Suzanne Avila were a substantial inducement for Town to enter into this Agreement. Therefore, Suzanne Avila shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The representative may not be changed by Consultant without the express written approval of the Town.
9. INDEPENDENT CONTRACTOR. Consultant is, and shall at all times remain as to the Town, a wholly independent contractor and not an agent or employee of Town. Consultant shall receive no premium or enhanced pay for work normally understood as overtime, nor shall Consultant receive holiday pay, sick leave, administrative leave, or pay for any other time not actually worked. The intention of the parties is that Consultant shall not be eligible for benefits and shall receive no compensation from the Town except as expressly set forth in this Agreement.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of the Town or otherwise act on behalf of the Town as an agent. Neither the Town, nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall at no time, or in any manner, represent that it or any of its agents or employees are in any manner employees of the Town. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold the Town harmless from any and all taxes, assessments, penalties, and interest asserted against the Town by reason of the independent contractor relationship created by this Agreement.
Consultant shall fully comply with the worker's compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold the Town harmless from any failure of Consultant to comply with applicable worker's compensation laws. The Town shall not have the right to offset against the amount of any· fees due to Consultant under this Agreement any amount due to Town from Consultant as a result of Consultant's failure to promptly pay the Town any reimbursement or indemnification arising under this Section. 2
10. CONFIDENTIALITY. Consultant, in the course of its duties, may have access to financial, accounting, statistical and personal data of private individuals and employees of the Town. Consultant covenants that all data, documents, discussion, or other information developed and received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by the Town. The Town shall grant such authorization if disclosure is required by law. Upon request, all Town data shall be returned to the Town upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.
11. OWNERSHIP OF MATERIAL. All reports, documents, or other written materials developed or discovered by Consultant or any other person engaged directly or indirectly by Consultant in the performance of this Agreement shall be and remain the property of the Town without restriction or limitation upon its use or dissemination by the Town.
12. CONFLICT OF INTEREST. Consultant covenants that ii presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. Consultant agrees not to accept any employment or representation during the term of this Agreement which is or may make Consultant "financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decision made by the Town on any matter in connection with which Consultant has been retained pursuant to this Agreement. Nothing in this section shall, however, preclude Consultant from accepting other engagements with the Town.
13. ASSIGNABILITY: SUBCONTRACTING. The parties agree that the expertise and experience of Consultant are material considerations for this Agreement.
Consultant shall not assign, transfer, or subcontract any interest in this Agreement, nor the performance of any of Consultant's obligations hereunder, without the prior written consent of the Town Council, and any attempt by Consultant to do so shall be void and of no effect and a breach of this Agreement.
14. INDEMNIFICATION.
14.1 To the fullest extent permitted by law, Consultant shall indemnify, defend (with independent counsel approved by the Town) and hold harmless the Town, and its elective or appointive boards, officers, employees, agents and volunteers against any claims, losses, or liability that may arise out of or result from damages to property or personal injury received by reason of, or in the course of work performed under this Agreement due to the acts or omissions of Consultant or Consultant's officers, employees, agents or subcontractors. The provisions of this Section survive 3
completion of the services or the termination of this Agreement. The acceptance of such services shall not operate as a waiver of such right of indemnification.
14.2 With regard to Consultant's professional services, Consultant agrees to use that degree of care and skill ordinarily exercised under similar circumstances by members of Consultant's profession, including without limitation adherence to all applicable safety standards. To the fullest extent permitted by law, Consultant shall indemnify, defend (with independent counsel approved by the Town) and hold harmless the Town, and its elective or appointive boards, officers, and employees from and against all liabilities, including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including, but not limited to, reasonable attorneys' fees, court costs and costs of alternative dispute resolution regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of Consultant or Consultant's officers, employees, agents or subcontractors. The provisions of this Section survive completion of the services or the termination of this Agreement. The acceptance of said services and duties by Town shall not operate as a waiver of such right of indemnification.
14.3 The Town does not and shall not waive any rights that they may possess against Consultant because of the acceptance by the Town or the deposit with the Town of any insurance policy or certificate required pursuant to this Agreement.
This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
15. INSURANCE REQUIREMENTS. Consultant agrees to have and maintain the policies set forth in Exhibit C entitled "INSURANCE REQUIREMENTS," which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the Town Attorney as to form and content.
These requirements are subject to amendment or waiver only if so approved in writing by the Town Attorney. Consultant agrees to provide Town with a copy of said policies, certificates, and/or endorsements before work commences under this Agreement. A lapse in any required amount or type of insurance coverage during this Agreement shall be a breach of this Agreement.
16. SUSPENSION. The Town may, in writing, order Consultant to suspend all or any part of Consultant's services under this Agreement for the convenience of the Town, or for work stoppages beyond the control of the Town or the Consultant. Subject to the provisions of this Agreement relating to termination, a suspension of work does not void this Agreement. In the event that work is suspended for a period exceeding 120 days, the schedule and cost for completion of the work will be adjusted by mutual consent of the parties.
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17. TERMINATION.
17.1 This Agreement may be terminated by either the Town or Consultant following ten (10) days written notice of intention to terminate. In the event the Agreement is terminated, Consultant shall be paid for any services properly performed to the last working day the Agreement is in effect. Consultant shall substantiate the final cost of services by an itemized, written statement submitted to the Town. The Town's right of termination shall be in addition to all other remedies available under law to the Town.
17.2 In the event of termination, Consultant shall deliver to the Town copies of all reports, documents, computer disks, and other work prepared by Consultant under this Agreement, if any. If Consultant's written work is contained on a hard computer disk, Consultant shall, in addition to providing a written copy of the information on the hard disk, immediately transfer all written work from the hard computer disk to a soft computer disk and deliver said soft computer disk to Town.
Town shall not pay Consultant for services performed by Consultant through the last working day the Agreement is in effect unless and until Consultant has delivered th.e above described items to the Town.
18. CONSULTANT'S BOOKS AND RECORDS. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, supplies, materials, or equipment provided to Town for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement.
19. NON-WAIVER OF TERMS, RIGHTS AND REMEDIES. Waiver by either party of any breach or violation of any one or more terms or conditions of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. Acceptance by the Town of the performance of any work or services by Consultant shall not be deemed to be a waiver of any term or condition of this Agreement. In no event shall the Town's making of any payment to Consultant constitute or be construed as a waiver by the Town of any breach of this Agreement, or any default which may then exist on the part of Consultant, and the making of any such payment by the Town shall in no way impair or prejudice any right or remedy available to the Town with regard to such breach or default.
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20. NOTICES. Any notices, bills, invoices, reports or other communications required or permitted to be given under this Agreement shall be given in writing by personal delivery, by facsimile transmission with verification of receipt or by U.S. mail, postage prepaid, and return receipt requested, addressed to the respective parties as follows:
To Town:
Town Manager
Town of Portola Valley
765 Portola Road
Portola Valley, CA 94028
Fax: (650) 851-4677
To Consultant:
Cyrus Kianpour, President
CSG Consultants, Inc.
550 Pilgram Drive
Foster City, CA 94404
Fax: (650) 522-2599
Notice shall be deemed communicated on the earlier of actual receipt or fortyeight (48) hours after deposit in the U.S. mail, the date of delivery shown on deliverer's receipt, or by acknowledgment of facsimile transmission.
21. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY.
In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental handicap, or medical condition. Consultant will take affirmative action to ensure that employees are treated without regard to race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental handicap, or medical condition.
22. ATTORNEYS' FEES: VENUE. In the event that any party to this Agreement commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled.
The venue for any litigation shall be San Mateo County.
23. COOPERATION. In the event any claim or action is brought against the Town relating to Consultant's performance or services under this Agreement, Consultant shall render any reasonable assistance and cooperation which Town might require.
24. EXHIBITS, PRECEDENCE. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement.
25. PRIOR AGREEMENTS AND AMENDMENTS: ENTIRE AGREEMENT.
This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between the Town and Consultant. This Agreement supersedes all prior oral and written negotiations, representations or agreements. No prior oral or written understanding shall be of any force or effect with 6
respect to those matters covered hereunder. This Agreement may only be modified by a written amendment duly executed by the parties to this Agreement. Any amendment relating to compensation for Consultant shall be for only a not-to-exceed sum.
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement effective as of the date written above.
TOWN: ...
By:
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ATTEST:
~){,~
Town Clerk
7 CONSULTANT:
By:
Name (printed):
~ Cyrus Kianpour
Title: President
EIN 91-2053749
EXHIBIT A
SERVICES TO BE PERFORMED
CSG Consultants will provide planning staff augmentation services for the Town of Portola Valley. Staff augmentation services include, but are not limited to:
• Updates to Town Municipal Code or other policy documents • Preparation and presentation of staff reports before committees and commissions
• Evaluation and analysis of current planning projects
• Policy planning efforts as requested by the Planning and Building Director
EXHIBIT 8
CSG Rates Schedule
CSG's fee schedule for proposed work is provided in the table below.
Assistant Planner
Associate Planner
Senior Planner
Principal Planner
•• HOURLY RATE
$120
$135
$150
$175
~
CSG
CONSULTANTS
~
All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, travel and office expenses. Overtime work will be billed at 1.Sx the hourly rates indicated in the table above. On each anniversary of the contract start date, CSG will initiate a rate increase based on change in CPI-U for the applicable region. CSG will mail an invoice every month for services rendered during the previous month.
EXHIBIT C
(INSURANCE REQUIREMENTS)
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to or interference with property which may arise from, or in connection with, the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors.
1. MINIMUM SCOPE OF INSURANCE. Coverage shall be at least as broad as:
1.1 Insurance Services Office 'Form No. CG 0001 covering General Liability and Commercial General Liability on an "occurrence" basis.
1.2 Insurance Services Office Form No. CA 0001 covering Automobile Liability, Code 1 (any auto), Code 8 (hired autos) or Code 9 (non-owned autos), if Consultant has no owned autos.
1.3 Workers' Compensation Insurance as required by the Labor Code of the State of California and Employer's Liability Insurance.
1.4 Errors and Omissions Liability Insurance appropriate to the Consultant's profession. Architects' and Consultants' coverage is to be endorsed to include contractual liability.
2. MINIMUM LIMITS OF INSURANCE. Consultant shall maintain limits no less than:
2.1 Comprehensive General Liability. (Including products-completed operations, personal & advertising injury) One Million Dollars ($1,000,000) combined single limit per claim and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, personal injury and property damage. 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 occurrence limit.
2.2 Automobile Liability. One Million Dollars ($1,000,000) combined single limit per accident for bodily injury and property damage.
2.3 Workers' Compensation and Employers Liability. Workers' compensation limits as required by the Labor Code of the State of California. One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
2.4 Errors and Omissions Liability. Two Million Dollars ($2,000,000) per occurrence.
3. DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to, and approved by, the Town. At the option of the Town, either: the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the Town, its officials, employees, agents and contractors; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in an amount specified by the Town. The Town ay require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
4. OTHER INSURANCE PROVISIONS.
4.1 General Liability and Automobile Liability Coverages. The General Liability and Automobile Liability insurance policies required pursuant to Sections 1.1 and 1.2 shall contain or be endorsed contain the following provisions:
4.1.1 The Town, its officials, employees, agents, contractors and volunteers are covered as additional insureds with respect to liability arising out of work or operations performed by, or on behalf of, the Consultant including materials, parts or equipment furnished in connection with such work or operations, and products and completed operations of the Consultant on premises owned, leased or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officials, employees, agents and contractors.
4.1.2 The Consultant's insurance coverage is the primary insurance as respects the Town, its officials, employees, agents, contractors, and volunteers. Any insurance or self-insurance maintained by the Town, its officials, employees, agents, contractors, and volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
4.1.3 The Insurance Company agrees to waive all rights of subrogation against the Town, its elected or appointed officers, officials, agents, and employees for losses paid under the terms of any policy which arise from work performed by the Town's insurer.
4.1.4 Coverage shall not be canceled by either party, except after thirty (30) days prior written notice (10 days for non-payment) by regular mail has been given to the Town.
4.1.5 Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officials, employees, agents or contractors.
4.1.6 Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
4.2 Worker's Compensation Insurance. The Worker's Compensation Policy required pursuant to Section 1.3 shall contain or be endorsed to contain the provision set forth in subsection 4.1.4 above.
4.3 Acceptability of Insurers. All required insurance shall be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Town.
4.3 Claims Made Policies. If any of the required policies provide claims-made coverage, the Town requires that coverage be maintained by Consultant for a period of 5 years after completion of the contract.
5. VERIFICATION OF COVERAGE. Consultant shall furnish the Town with original certificates, amendatory endorsements, and actual policies of insurance effecting coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.
All certificates and endorsements are to be received and approved by the Town before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive consultant's obligation to provide them. The Town reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any lime.
Proof of insurance shall be mailed to the following address:
Town of Portola Valley
Attn: Town Clerk
765 Portola Road
Portola Valley, CA 94028
6. SUBCONTRACTORS. Consultant shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor.
SECOND AMENDMENT TO AGREEMENT
BETWEEN THE TOWN OF PORTOLA VALLEY AND CSG CONSULTANTS, INC.
This Amendment 2 ("Amendment") is made as of July 1, 2019, with respect to the Agreement ("Agreement") by and between the Town of Portola Valley ("Town") and CSG Consultants, Inc. ("Consultant").
RECITALS
A. The Town and Consultant entered into the Agreement for building plan review/inspection services on July 24, 2013.
B. The parties entered into Amendment No. 1 on May 25, 2016.
C. The Town and Consultant desire to modify the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, the Town and Consultant do hereby agree as follows:
1. Term. Section 5 of the Agreement is hereby amended to read as follows:
TERM. This Agreement shall remain in effect until June 30, 2020 or until terminated in accordance with Section 17.
2. Scope. Exhibit A of the Agreement is amended to add the following service: "C.
Public works and engineering inspection and construction management services, as needed per rate sheet attached as Exhibit C".
3. Compensation. The compensation for services identified in Exhibit C of the Agreement is replaced in its entirety with the new fee schedule attached hereto and incorporated herein.
4. Agreement. Other than the amendments set forth herein, no other provisions of the Agreement are amended and all other provisions of the Agreement are in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment 2 as of the date set forth above.
II
II
1
TOWN OF PORTOLA VALLEY: CSG CONSULTANTS, INC.
ASSOCIATES:
~ ;u:J,.,i=s duU~-
Ann Wengert, Mayor Charles Rider, Secretary
ATTEST:
Town Clerk
2
FEE SCHEDULE TO THE
Town of Portola Valley
FOR
FY 2019-2020 Consulting Services
PREPARED BY
CSG Consultants, Inc.
EXHIBIT C
CSG's fee schedule for FY 2019 - 2020 is provided in the table below.
The fees are effective from July 1, 2019 through June 30, 2020. .... Residential Combination Building Inspector
Four (4) hour minimum per request
Work beyond four /4) hours, billed at eight /8) hours
Building Official/ Senior Building Inspector
Four (4) hour minimum per request
Wark beyond faur /4) hours, billed at eight /8'-')-'h-"o'-'u-"rs=--------------+-- Public Works Inspector /_.!::_~!;:i_~~nt Reside~!,.~~"g_in_e_e_r ___ _ Resident Engineer
·····-· ·r·--··-
.. .. J::
All Inclusive Fee I Hourly Rate
$95
$108
$135
$190
$75
$120 ,,. <•O,Oaa••••-~""'~'"'"-"'""'
All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, travel and office expenses. Overtime work will be billed at 1.Sx the hourly rates indicated in the table above. On July 1st of each year, CSG will initiate a rate increase based on change in CPI for the applicable region. CSG will mail· an invoice at the beginning of every month for services rendered during the previous month.
AMENDMENT NO. 6 TO AGREEMENT BETWEEN THE
TOWN OF PORTOLA VALLEY AND INTERWEST,
formerly known as KUTZMANN AND ASSOCIATES, INC.
This Amendment 6 (“Amendment”) is made as of July 1, 2022, with respect to the Agreement (“Agreement”) by and between the Town of Portola Valley (“Town”) and Interwest, formerly known as Kutzmann and Associates, Inc. (“Consultant”).
RECITALS
A. The Town and Consultant entered into the Agreement for building plan review/ support services on July 24, 2013.
B. The parties entered into Amendment No. 1 on June 22, 2016.
C. The parties entered into Amendment No. 2 on July 1, 2019.
D. The parties entered into Amendment No. 3 on June 24, 2020.
E. The parties entered into Amendment No. 4 on October 14, 2020.
F. The parties entered into Amendment No. 5 on August 11, 2021.
G. The Town and Consultant desire to extend the term of the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, the Town and Consultant do hereby agree as follows:
1. Term. Section 5 of the Agreement is hereby amended to read as follows:
TERM. This Agreement shall remain in effect until June 30, 2023, or until terminated in accordance with Section 17.
2. Compensation. The compensation for services identified in Exhibit C. of the Agreement is replaced in its entirety with the new fee schedule attached hereto and incorporated
3. Agreement. Other than the amendment set forth in Section 1 above, no other provisions of the Agreement are amended, and all other provisions of the Agreement are in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment 6 as of the date set forth above.
TOWN OF PORTOLA VALLEY INTERWEST, formerly known as
KUTZMANN AND ASSOCIATES, INC.
___________________________ __________________________
Craig Hughes, Mayor Paul Meschino
ATTEST:
___________________________
Melissa Thurman, Town Clerk
EXHIBIT C
(Compensation)
Interwest Fees
PLAN REVIEW – FEE SCHEDULE
For plan review services performed in our office we propose the fixed fee as a percentage of the Town of Portola Valley plan check fees collected by the town:
TYPE OF PLAN REVIEW FEE
Complete Building Plan Review 62%
Per Streamlined Residential Solar Review $95(flat fee)
Please note that the fixed fees stated above include an initial plan review plus two re-checks, additional re-checks beyond the third review will be charged at an hourly basis using the Schedule of Hourly Rates shown below with prior approval from the County.
Expedited plan reviews will be provided at a rate of 150% of the fees shown above and will be completed in no more than five (5) days. Please note contract the Plan Review leader prior to submittal to ensure availability of capacity to expedite.
In addition to the fees noted above, we propose the follow terms and conditions:
• For the review of deferred submittals such as truss calculations, stairs, etc., submittal after the project has been approved, we propose to complete the review on an hourly basis utilizing the Schedule of Hourly Billing Rates below • For the review of revisions to previously approved drawings, we propose to complete the review on an hourly basis utilizing the Schedule of Hourly Billing below
SCHEDULE OF HOURLY BILLING RATES
Below are Interwest’s current rates
CLASSIFICATION HOURLY BILLING RATE
Building Safety Services
Licensed Plan Review Engineer (structural, civil, electrical, mechanical) / Architect ……$145 Senior Plans Examiner …………………………………………………………………………$130
ICC Plans Examiner …………………………………………………………………………… $110
CAsp Certified Plans Examiner / Inspector …………………………………………………. $150 Senior Building Inspector ………………………………………………………………………$105 Inspector II …………………………………………………………………………………….…$ 95
Inspector I …………………………………………………………………..………………….. $ 85
Fire Protection Engineer …………………………………………………………………….…$145
Senior Fire Plans Examiner ………………………………………………………………...…$125 Fire Plans Examiner / Fire Inspector ……………………………………………….…….….. $110 Support Services ………………………………………………………………………….…… $85
(Including plan sheet insertion as needed)
Inspection and on-site services provided in excess of regular hours per day, nights and weekends will be invoiced at 150% of the above fee. There will be a minimum of eight (8) hour fee for each day staff are required to work in the County Office. Mileage will be reimbursed at the current IRS Rate.
AGREEMENT FOR
PLAN REVIEW SERVICES
THIS AGREEMENT is made and entered into thisa21-+¼ay of~ 2013 , by and between the Town of Portola Valley, a municipal corporation, ("Town") and KUTZMANN AND ASSOCIATES, INC., ("Consultant").
RECITALS
A. The Town desires to retain the professional consulting services of Consultant as an independent contractor to provide full service building plan review services to the Town, as described in more detail in Exhibit A. Consultant will work with the Town to provide plan review services for conformance of development plans with the current editions of the Uniform Codes and any local amendments to the codes, including without limitation, a review of architectural, structural, disabled access, energy, plumbing, mechanical and electrical code items.
B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants and conditions contained herein, the parties hereby agree as follows:
1. SCOPE AND LEVEL OF SERVICES. The nature, scope and level of the specific services to be performed by Consultant are as set forth in detail in Exhibit A attached hereto.
2. TIME OF PERFORMANCE. The services shall be performed in accordance with the Schedule of Performance attached hereto as Exhibit B, or upon receipt of a Notice to Proceed setting forth the specific tasks to be completed. All services provided shall be performed on a timely basis.
3. STANDARD OF PERFORMANCE. As a material inducement to the Town to enter into this Agreement, Consultant hereby represents and warrants that ii has the qualifications and experience necessary to undertake the services to be provided pursuant to this Agreement. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the Town.
Consultant hereby covenants that it shall follow the highest professional standards in performing all services required hereunder and will perform the services to a standard of reasonable professional care.
4. COMPLIANCE WITH LAW. All services rendered hereunder by Consultant shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of the Town, and any federal, state or local governmental agency having jurisdiction in effect at the time the service is rendered.
N :\Agreements\KutzmanConsult2013. doc
5. TERM. This Agreement is effective on the date set forth in the initial paragraph of this Agreement and shall remain in effect for three (3) years or until terminated in accordance with Section 17 below.
6. COMPENSATION. The Town agrees to compensate Consultant for its services according to the fee schedule set forth in Exhibit C. The Town also agrees to compensate Consultant for its out-of-pocket expenses to the extent authorized in Exhibit C.
7. METHOD OF PAYMENT. Consultant shall invoice the Town for work performed after each task is completed as set forth in Exhibit B, or as identified within the Notice to Proceed. All work must be completed to the satisfaction of the Town.
Payments to Consultant by Town shall be made within thirty (30) days after receipt by Town of Consultant's itemized invoices.
8. REPRESENTATIVE. Patricia Kutzmann is hereby designated as the representative of Consultant authorized to act on its behalf with respect to the services specified herein. It is expressly understood that the experience, knowledge, capability and reputation of Patricia Kutzmann were a substantial inducement for Town to enter into this Agreement. Therefore, Patricia Kutzmann shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The representative may not be changed by Consultant without the express written approval of the Town.
9. INDEPENDENT CONTRACTOR. Consultant is, and shall at all times remain as to the Town, a wholly independent contractor and not an agent or employee of Town. Consultant shall receive no premium or enhanced pay for work normally understood as overtime, nor shall Consultant receive holiday pay, sick leave, administrative leave, or pay for any other time not actually worked. The intention of the parties is that Consultant shall not be eligible for benefits and shall receive no compensation from the Town except as expressly set forth in this Agreement.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of the Town or otherwise act on behalf of the Town as an agent. Neither the Town, nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall at no time, or in any manner, represent that it or any of its agents or employees are in any manner employees of the Town. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold the Town harmless from any and all taxes, assessments, penalties, and interest asserted against the Town by reason of the independent contractor relationship created by this Agreement.
Consultant shall fully comply with the worker's compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold the Town harmless from any failure of Consultant to comply with applicable worker's compensation laws. The Town shall not have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to Town from Consultant as a result of Consultant's failure to promptly pay the Town any reimbursement or indemnification arising under this Section. 2 N: \Ag reements\KutzmanConsull2013 .doc
1 0. CONFIDENTIALITY. Consultant, in the course of its duties, may have access to financial, accounting, statistical and personal data of private individuals and employees of the Town. Consultant covenants that all data, documents, discussion, or other information developed and received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by the Town. The Town shall grant such authorization if disclosure is required by law. Upon request, all Town data shall be returned to the Town upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.
11. OWNERSHIP OF MATERIAL. All reports, documents, or other written materials developed or discovered by Consultant or any other person engaged directly or indirectly by Consultant in the performance of this Agreement shall be and remain the property of the Town without restriction or limitation upon its use or dissemination by the Town.
12. CONFLICT OF INTEREST. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by ii. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. Consultant agrees not to accept any employment or representation during the term of this Agreement which is or may make Consultant "financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decision made by the Town on any matter in connection with which Consultant has been retained pursuant to this Agreement. Nothing in this section shall, however, preclude Consultant from accepting other engagements with the Town.
13. ASSIGNABILITY: SUBCONTRACTING. The parties agree that the expertise and experience of Consultant are material considerations for this Agreement.
Consultant shall not assign, transfer, or subcontract any interest in this Agreement, nor the performance of any of Consultant's obligations hereunder, without the prior written consent of the Town Council, and any attempt by Consultant to do so shall be void and of no effect and a breach of this Agreement.
14. INDEMNIFICATION.
14.1. To the fullest extent permitted by law, Consultant shall indemnify, defend (with independent counsel approved by the Town) and hold harmless the Town, and its elective or appointive boards, officers, employees agents and volunteers against any claims, losses, or liability that may arise out of or result from damages to property or personal injury received by reason of, or in the course of work performed under this Agreement due to the acts or omissions of Consultant or Consultant's officers, employees, agents or subcontractors. The provisions of this Section survive completion 3 N :\Agreements\KutzmanCons u lt2013 .doc
of the services or the termination of this Agreement. The acceptance of such services shall not operate as a waiver of such right of indemnification.
14.2 With regard to Consultant's professional services, Consultant agrees to use that degree of care and skill ordinarily exercised under similar circumstances by members of Consultant's profession, including without limitation adherence to all applicable safety standards. To the fullest extent permitted by law, Consultant shall indemnify, defend (with independent counsel approved by the Town) and hold harmless the Town, and its elective or appointive boards, officers, and employees from and against all liabilities, including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including, but not limited to, reasonable attorneys' fees, court costs and costs of alternative dispute resolution regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of Consultant or Consultant's officers, employees, agents or subcontractors. The provisions of this Section survive completion of the services or the termination of this Agreement. The acceptance of said services and duties by Town shall not operate as a waiver of such right of indemnification.
14.3 The Town does not and shall not waive any rights that they may possess against Consultant because of the acceptance by the Town or the deposit with the Town of any insurance policy or certificate required pursuant to this Agreement.
This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
15. INSURANCE REQUIREMENTS. Consultant agrees to have and maintain the policies set forth in Exhibit D entitled "INSURANCE REQUIREMENTS," which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the Town Attorney as to form and content.
These requirements are subject to amendment or waiver only if so approved in writing by the Town Attorney. Consultant agrees to provide Town with a copy of said policies, certificates, and/or endorsements before work commences under this Agreement. A lapse in any required amount or type of insurance coverage during this Agreement shall be a breach of this Agreement.
16. SUSPENSION. The Town may, in writing, order Consultant to suspend all or any part of Consultant's services under this Agreement for the convenience of the Town, or for work stoppages beyond the control of the Town or the Consultant. Subject to the provisions of this Agreement relating to termination, a suspension of work does not void this Agreement. In the event that work is suspended for a period exceeding 120 days, the schedule and cost for completion of the work will be adjusted by mutual consent of the parties.
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17. TERMINATION.
17.1 This Agreement may be terminated by either the Town or Consultant following five (5) days written notice of intention to terminate. In the event the Agreement is terminated, Consultant shall be paid for any services properly performed to the last working day the Agreement is in effect. Consultant shall substantiate the final cost of services by an itemized, written statement submitted to the Town. The Town's right of termination shall be in addition to all other remedies available under law to the Town.
17.2 In the event of termination, Consultant shall deliver to the Town copies of all reports, documents, computer disks, and other work prepared by Consultant under this Agreement, if any. If Consultant's written work is contained on a hard computer disk, Consultant shall, in addition to providing a written copy of the information on the hard disk, immediately transfer all written work from the hard computer disk to a soft computer disk and deliver said soft computer disk to Town.
Town shall not pay Consultant for services performed by Consultant through the last working day the Agreement is in effect unless and until Consultant has delivered the above described items to the Town.
18. CONSULTANT'S BOOKS AND RECORDS. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, supplies, materials, or equipment provided to Town for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement.
19. NON-WAIVER OF TERMS, RIGHTS AND REMEDIES. Waiver by either party of any breach or violation of any one or more terms or conditions of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. Acceptance by the Town of the performance of any work or services by Consultant shall not be deemed to be a waiver of any term or condition of this Agreement. In no event shall the Town's making of any payment to Consultant constitute or be construed as a waiver by the Town of any breach of this Agreement, or any default which may then exist on the part of Consultant, and the making of any such payment by the Town shall in no way impair or prejudice any right or remedy available to the Town with regard to such breach or default.
Ill/I
5 N :\Agreements \KutzmanConsult2013. doc
20. NOTICES. Any notices, bills, invoices, reports or other communications required or permitted to be given under this Agreement shall be given in writing by personal delivery, by facsimile transmission with verification of receipt or by U.S. mail, postage prepaid, and return receipt requested, addressed to the respective parties as follows:
To Town:
Town Manager
Town of Portola Valley
765 Portola Road
Portola Valley, CA 94028
Fax: (650) 851-4677
To Consultant:
Patricia Kutzmann
Kutzmann and Associates, Inc.
39355 California Street, #200
Fremont, CA 94538
Fax: (510) 796-9422
Notice shall be deemed communicated on the earlier of actual receipt or fortyeight (48) hours after deposit in the U.S. mail, the date of delivery shown on deliverer's receipt, or by acknowledgment of facsimile transmission.
21. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY.
In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental handicap, or medical condition. Consultant will take affirmative action to ensure that employees are treated without regard to race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental handicap, or medical condition.
22. ATTORNEYS' FEES: VENUE. In the event that any party to this Agreement commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled.
The venue for any litigation shall be San Mateo County.
23. COOPERATION. In the event any claim or action is brought against the Town relating to Consultant's performance or services under this Agreement, Consultant shall render any reasonable assistance and cooperation which Town might require.
24. EXHIBITS, PRECEDENCE. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement.
25. PRIOR AGREEMENTS AND AMENDMENTS: ENTIRE AGREEMENT.
This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between the Town and Consultant. This Agreement supersedes all prior oral and written negotiations, representations or agreements. No prior oral or written understanding shall be of any force or effect with 6 N :\Ag reements\Kutzma n Consu lt2013, doc
respect to those matters covered hereunder. This Agreement may only be modified by a written amendment duly executed by the parties to this Agreement. Any amendment relating to compensation for Consultant shall be for only a not-to-exceed sum.
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement effective as of the date written above.
ATTEST:
7 CONSULT ANT:
Name (printed): /;.,:R.. Le 1A
Title: ffZt:s I i;)~NT
EIN '1-4 ~ 3/(32-/fZ.
KJ-r 2-M/\ /\j "{)
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EXHIBIT A
(SCOPE AND LEVEL OF SERVICES)
Consultant will provide the Town full service plan review services for conformance of plans with the current editions of the Uniform Codes and any local amendments to the codes, including without limitation, a review of architectural, structural, disabled access, energy, plumbing, mechanical and electrical code items.
In providing services pursuant to this agreement, the Consultant shall interface with the Town's designated representatives, as well as permit applicants or their representatives to ensure effective and timely communication of plan check comments.
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EXHIBIT B
(SCHEDULE OF PERFORMANCE)
Consultant shall provide services in a professional and diligent manner, and shall endeavor to complete project review and other services in accordance with the following schedule:
Major Projects: Upon receipt of project plans and all other necessary documents from the Town relating to major projects Consultant shall perform review and provide comments to the Town no more than twenty (20) business days following receipt of the documents to be reviewed. Major projects are defined as those involving a new structure or a major remodel of one thousand (1,000) square feet or more of an existing structure.
Small Projects: Upon receipt of project plans and all other documents from the Town that are necessary to review minor projects that Consultant shall perform review and provide comments to the Town no more than fifteen (15) business days following receipt of the documents to be reviewed. Minor projects are defined as those that do not meet the criteria of major projects, as set forth in the preceding paragraph.
When necessary, projects subsequently submitted to Consultant to be re-checked shall be returned to the Town with final comments within five (5) business days. The parties hereto acknowledge that in those instances where project plans are substantially incomplete, the subsequent review period may be longer. When the Consultant deems project plans are substantially incomplete, the initial letter to the applicant providing detailed comments concerning the plan deficiencies shall also indicate that subsequent review may require additional time to complete.
Review of revised plans for projects for which permits have already been issued shall be completed as expeditiously as possible, with comments returned to the Town no more than five (5) business days following Consultant's receipt of the plans to be reviewed.
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EXHIBIT C
For a complete plan review including architectural, structural, plumbing, mechanical, electrical, energy and disabled access review (as applicable): 75% of the plan check fee collected by the Town. This fee covers the initial plan review and one recheck.
Additional reviews and revisions to projects which have obtained a permit are invoiced based on consultant's hourly billing rate.
The yearly retainer for CASp is $450.00 which entitles the jurisdiction to 3 hours of consultation.
HOURLY CHARGES
The hourly billable rates and charges indicated below are reviewed in July of each year and modified when appropriate. Unless other arrangements have been made, charges on all projects will be based on the latest schedule of charges.
A. PERSONNEL CHARGES
Plan Checkers
Support Services
(including plan sheet insertion as needed)
CASp Consultation
(Certified Accessibility Specialist)
HOURLY BILLING RATE
$95.00
$47.50
$150.00
Personnel charges are not billed for general secretarial services, office management, accounting and maintenance; these items are included inn overhead.
B. MISCELLANEOUS CHARGES
1. Car travel (includes mileage from consultant's office $0.50 per mile to jurisdiction and return, and mileage within the jurisdiction)
2. Printing and copying $0.25 per page
3. Other outside services Actual cost plus 10%
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EXHIBIT D
(INSURANCE REQUIREMENTS)
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to or interference with property which may arise from, or in connection with, the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors.
1. MINIMUM SCOPE OF INSURANCE. Coverage shall be at least as broad as:
1.1 Insurance Services Office (ISO) Form No. CG 0001 covering Commercial General Liability on an "occurrence" basis, including products-completed operations, personal injury and advertising injury.
1.2 Insurance Services Office Form (ISO) No. CA 0001 covering Automobile Liability, Code 1 (any auto), or if Consultant has no owned autos Code 8 (hired autos) and Code 9 (non-owned autos).
1.3 Workers' Compensation Insurance as required by the Labor Code of the State of California and Employer's Liability Insurance.
1.4 Errors and Omissions Liability Insurance appropriate to the Consultant's profession. Architects' and Consultants' coverage is to be endorsed to include contractual liability.
2. MINIMUM LIMITS OF INSURANCE. Consultant shall maintain limits no less than:
2.1 Commercial General Liability. (Including products-completed operations, personal & advertising injury) One Million Dollars ($1,000,000) per occurrence. 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 occurrence limit.
2.2 Automobile Liability. One Million Dollars ($1,000,000) combined single limit per accident for bodily injury and property damage.
2.3 Workers' Compensation and Employer's Liability. Workers' compensation insurance with Statutory Limits as required by the Labor Code of the State of California, and Employer's Liability Insurance with One Million Dollars ($1,000,000) per accident for bodily injury or disease.
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2.4 Errors and Omissions Liability. One Million Dollars ($1,000,000) per occurrence or claim, One Million Dollars ($1,000,000) aggregate.
3. DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to, and approved by, the Town. At the option of the Town, either: the Consultant shall purchase insurance to reduce or eliminate such deductibles or self-insured retentions as respects the Town, its officials, employees, agents and contractors; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in an amount specified by the Town. The Town may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
4. OTHER INSURANCE PROVISIONS.
4.1 General Liability and Automobile Liability Coverages. The General Liability and Automobile Liability insurance policies required pursuant to Sections 1.1 and 1.2 shall contain or be endorsed contain the following provisions:
4.1.1 The Town, its officials, employees, agents, contractors and volunteers are covered as additional insureds with respect to liability arising out of work or operations performed by, or on behalf of, the Consultant including materials, parts or equipment furnished in connection with such work or operations, and products and completed operations of the Consultant on premises owned, leased or used by the Consultant. The coverage shall be at least as broad as ISO Form CG 20 10 11 85 or both CG 20 1 O and CG 23 37 if later versions used.
4.1.2 The Consultant's insurance coverage is the primary insurance as respects the Town, its officials, employees, agents, contractors, and volunteers. Any insurance or self-insurance maintained by the Town, its officials, employees, agents, contractors, and volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
4.1.3 The Insurance Company agrees to waive all rights of subrogation against the Town, its elected or appointed officers, officials, agents, and employees for losses paid under the terms of any policy which arise from work performed by the Town's insurer.
4.1.4 Coverage shall not be canceled by either party, except after thirty (30) days prior written notice (10 days for non-payment) by regular mail has been given to the Town.
4.1.5 Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officials, employees, agents or contractors.
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4.1.6 Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
4.2 Worker's Compensation Insurance. The Worker's Compensation Policy required pursuant to Section 1.3 shall contain or be endorsed to contain the provisions set forth in subsections 4.1.3 and 4.1.4 above.
4.3 Acceptability of Insurers. All required insurance shall be placed with insurers with a current AM. Best's rating of no less than A:VII, unless otherwise acceptable to the Town.
4.3 Claims Made Policies. If any of the required policies provide claims-made coverage, the Town requires that coverage with a Retroactive Date prior to the contract effective date, or extended reporting period, be maintained by Consultant for a period of 5 years after completion of the contract.
5. VERIFICATION OF COVERAGE. Consultant shall furnish the Town with original certificates and amendatory endorsements affecting coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the Town before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. The Town reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time.
Proof of insurance shall be mailed to the following address:
Town of Portola Valley
Attn: Town Clerk
765 Portola Road
Portola Valley, CA 94028
6. SUBCONTRACTORS. Consultant shall include all subcontractors as insureds under its policies or shall require and verify that all subcontractors maintain insurance meeting all the requirements of this contract.
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FIRST AMENDMENT TO AGREEMENT F
PLAN REVIEW SERVICES iOWN OF PORTOLA VALLEY
RECITALS
A. This First Amendment to Agreement for Plan Review Services ("Amendment") is made as of this 22nd day of June 2016, by and between the Town of Portola Valley ("Town") and Kutzmann and Associates, Inc. ("Consultant").
B. The parties hereto desire to amend that certain Agreement for Plan Review Services ("Agreement") entered into between them on July 24, 2013.
AMENDMENT
1. Section 5 of the Agreement is hereby amended to read as follows:
TERM. This Agreement shall remain in effect until June 30, 2019 or until terminated in accordance with Section 17.
2. The compensation for services identified in Exhibit C of the Agreement is replaced in its entirety with the new fee schedule attached hereto and incorporated herein.
3. The remainder of the Agreement shall remain unamended and in full force and effect. In the event of conflict between the Agreement and this Amendment, the terms of this Amendment shall prevail.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first written above.
TOWN OF PORTOLA VALLEY
May&...7 '
ATTEST:
Town
~)~ Clerk
KUTZMANN AND ASSOCIATES, INC.
By~~~ Patricia Kutz;;;,1=
President
Taxpayer l.D. No.: 94-313214
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EXHISITC
For a complete plan review including architectural, structural, plumbing, mechanical, electrical, energy and disabled access review (as applicable): 65% of the plan check fee collected by the Town. This fee covers the initial plan review and two recheck.
Additional reviews and revisions to projects which have obtained a permit are invoiced based on consultant's hourly billing rate.
The yearly retainer for CASp is $450.00 which entitles the jurisdiction to 3 hours of consultation.
HOURLY CHARGES
The hourly billable rates and charges indicated below are reviewed in July of each year and modified when appropriate. Unless other arrangements have been made, charges on all projects will be based on the latest schedule of charges.
A. PERSONNEL CHARGES
Plan Checkers
Support SeNices
(including plan sheet Insertion as needed)
CASp Consultation
(Certified Accessibility Specialist)
HOURLY BILLING RATE
$100.00
$47.50
$150.00
Personnel charges are not billed for general secretarial services, office management, accounting and maintenance; these items are included inn overhead.
B. MISCELLANEOUS CHARGES
1. Car travel (includes mileage from consultant's office $0.50 per mile to jurisdiction and return, and mfieage within the jurlscilction)
2. Printing and copying $0.25 per page
3. Other outside services Actual cost plus 10%
K:\Proposals & RFPs\Portola VaHey\2016 Contract\KutzmanConsult2016.doc
SECOND AMENDMENT TO AGREEMENT
BETWEEN THE TOWN OF PORTOLA VALLEY AND KUTZMANN AND
ASSOCIATES, INC.
This Amendment 2 ("Amendment") is made as of July 1, 2019, with respect to the Agreement ("Agreement") by and between the Town of Portola Valley ("Town") and Kutzmann and Associates, lnc.("Consultant").
RECITALS
A The Town and Consultant entered into the Agreement for building plan review/support services on July 24, 2013.
B. The parties entered into Amendment No. 1 on June 22, 2016.
C. The Town and Consultant desire to modify the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, the Town and Consultant do hereby agree as follows:
1. Term. Section 5 of the Agreement is hereby amended to read as follows:
TERM. This Agreement shall remain in effect until June 30, 2020 or until terminated in accordance with Section 17.
2. Agreement. Other than the amendment set forth in Sections 1 above, no other provisions of the Agreement are amended and all other provisions of the Agreement are in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment 2 as of the date set forth above.
II
II
II
1
TOWN OF PORTOLA VALLEY:
Ann Wengert, Mayor
ATTEST:
Town Clerk
2 KUTZMANN & ASSOCIATES:
Matthew Royer - July 2, 2019
Chief Operating Officer
THIRD AMENDMENT TO AGREEMENT
BETWEEN THE TOWN OF PORTOLA VALLEY AND KUTZMANN AND
ASSOCIATES, INC.
This Amendment 3 ("Amendment") is made as of July 1, 2020, with respect to the Agreement ("Agreement") by and between the Town of Portola Valley ("Town") and Kutzmann and Associates, lnc.("Consultant").
RECITALS
A. The Town and Consultant entered into the Agreement for building plan review/support services on July 24, 2013.
B. The parties entered into Amendment No. 1 on June 22, 2016.
C. The parties entered into Amendment No. 2 on July 1, 2019.
D. The Town and Consultant desire to modify the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, the Town and Consultant do hereby agree as follows:
1. Term. Section 5 of the Agreement is hereby amended to read as follows:
TERM. This Agreement shall remain in effect until September 30, 2020 or until terminated in accordance with Section 17.
2. Agreement. Other than the amendment set forth in Sections 1 above, no other provisions of the Agreement are amended and all other provisions of the Agreement are in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment 3 as of the date set forth above.
TOWN OF PORTOLA VALLEY: KUTZMANN AND ASSOCIATES, INC.
Jeff Aalfs, Mayor ~ - - --
CEO/President
ATTEST:
~'Jl9Wu
Sharon Hanlon , Town Clerk
1
FOURTH AMENDMENT TO AGREEMENT
BETWEEN THE TOWN OF PORTOLA VALLEY AND KUTZMANN AND
ASSOCIATES, INC.
This Amendment 4 ("Amendment") is made as of October 14, 2020, with respect to the Agreement ("Agreement'') by and between the Town of Portola Valley ("Town'') and Kutzmann and Associates, Inc. ("Consultant").
RECITALS
A. The Town and Consultant entered into the Agreement for building plan review/support services on July 24, 2013.
B. The parties entered into Amendment No. 1 on June 22, 2016.
C. The parties entered into Amendment No. 2 on July 1, 2019.
D. The parties entered into Amendment No. 3 on June 24, 2020.
E. The Town and Consultant desire to modify the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, the Town and Consultant do hereby agree as follows:
1. Term. Section 5 of the Agreement is hereby amended to read as follows:
TERM. This Agreement shall remain in effect until June 30, 2021 or until terminated in accordance with Section 17.
2. Agreement. Other than the amendment set forth in Sections 1 above, no other provisions of the Agreement are amended and all other provisions of the Agreement are in full force and effect.
! IN WITNESS WHEREOF, the parties have executed this Amendment 4 as of the date set forth above.
TOWN OF PORTOLA VALLEY KUTZMANN AND ASSOCIATES, INC.
Jeff Aalfs, Mayor ~e~ CEO/President
ATTEST:
Sharon Hanlon, Town Clerk
1
FIFTH AMENDMENT TO AGREEMENT
BETWEEN THE TOWN OF PORTOLA VALLEY AND
KUTZMANN AND ASSOCIATES, INC.
This Amendment 5 ("Amendment") is made as of August 11, 2021, with respect to the Agreement ("Agreement") by and between the Town of Portola Valley ("Town") and Kutzmann and Associates, Inc. ("Consultant").
RECITALS
A. The Town and Consultant entered into the Agreement for building plan review/support services on July 24, 2013.
B. The parties entered into Amendment No. 1 on June 22, 2016.
C. The parties entered into Amendment No. 2 on July 1, 2019.
D. The parties entered into Amendment No. 3 on June 24, 2020 E. The parties entered into Amendment No. 4 on October 14, 2020 F. The Town and Consultant desire to modify the term of the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, the Town and Consultant do hereby agree as follows:
1. Term. Section 5 of the Agreement is hereby amended to read as follows:
TERM. This Agreement shall remain in effect until June 30, 2022 or until terminated in accordance with Section 17.
2. Agreement. Other than the amendment set forth in Section 1 above, no other provisions of the Agreement are amended and all other provisions of the Agreement are in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment 5 as of the date set forth above.
TOWN OF PORTOLA VALLEY KUTZMANN AND ASSOCIATES, INC.
Maryann Derwin, Mayor Paul Meschino
ATTEST:
Sharon Hanlon, Town Clerk
1 ______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Laura Russell
Planning and Building Director
DATE: August 10, 2022
RE: Contract Amendment # 2 for Environment Review Services – Stanford Housing Project
RECOMMENDATION
Staff recommends that the Town Council approve Amendment 2 to the contract with Lamphier Gregory for preparation of the Environmental Impact Report (EIR) for the Stanford “Wedge” Housing Project.
BACKGROUND
In September 2019, Stanford University submitted an application for a faculty housing project for the property commonly known as the Stanford Wedge. The project, as submitted, includes 24 faculty homes, and 12 units of Below Market Rate (BMR) housing. It was determined that the appropriate environmental review document for the project was an EIR to analyze various potentially significant impacts and the Town undertook a request for proposals process to identify a qualified consultant to perform the work.
On October 23, 2019, the Town Council adopted a resolution approving a contract with Lamphier Gregory for $220,350 including a 10% contingency. The work has been ongoing since the contract was approved.
On January 13, 2021, the Town Council approved Amendment 1 to the agreement to increase the budget to allow Lamphier Gregory to revise their analysis. The revision in analysis was necessary to account for the applicant’s proposed site plan changes and an updated Vegetation Management Plan prepared by the applicant. Including additional contingency, the additional work scope resulted in a $28,868 project increase.
Lamphier Gregory completed the Draft EIR and the Town received more comments than anticipated. Staff recommend amending the agreement with Lamphier Gregory to revise the
TOWN OF PORTOLA VALLEY
STAFF REPORT
TOWN OF PORTOLA VALLEY
EIR Contract Amendment- Stanford August 10, 2022
scope so that the comments may be adequately addressed and to increase the budget to account for those costs.
DISCUSSION
Upon the completion of the Draft EIR, the Town received over 300 pages of comments which raised new points that require additional technical analysis. Lamphier Gregory’s original scope of work anticipated a relatively limited amount of comments. The received comments touched upon biological, cultural and tribal cultural, wildfire, hydrological and geological, greenhouse gas emissions and transportation issues.
Since there was a significant amount of comments, Lamphier Gregory and staff agreed to take a conservative approach to address the issues raised. The additional budget allows Lamphier Gregory and their subconsultants to review the comments, update analyses or directly respond to individual comments, and consolidate the comments in an organized way.
In addition to additional technical analyses and comment, the amendment includes a contingency that staff is authorized to use if needed. At this time, staff recommends additional funding to cover additional technical analyses, printing and to replenish the contingency budget. The requested increase is $72,516,868 for a new total contract amount of $321,734.
FISCAL IMPACT
The Town’s policies require that the applicant pay the full cost of the EIR. The budget of $321,734 will be fully reimbursed by the applicant.
ATTACHMENTS
1. Amendment 2 to Agreement
2. Agreement for Environmental Services
AMENDMENT NO. 2 TO AGREEMENT
FOR ENVIRONMENTAL SERVICES BETWEEN
TOWN OF PORTOLA VALLEY AND LAMPHIER-GREGORY
This Amendment 2 (“Amendment”) is made as of August 10, 2022, with respect to the Agreement (“Agreement”) by and between the Town of Portola Valley (“Town”) and Lamphier-Gregory (“Consultant”).
RECITALS
A. The Town and Consultant entered into the Agreement to provide environmental analysis services on October 23, 2019.
B. The parties entered into Amendment 1 on January 13, 2021.
C. The Town and Consultant desire to modify the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, the Town and Consultant do hereby agree as follows:
1. Compensation. The compensation for services set forth in Section 6 of the Agreement shall not exceed $321,724, as described in Exhibit A-1.
2. Agreement. Other than the amendments set forth in Section 1 above, no other provisions of the Agreement are amended, and all other provisions of the Agreement are in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment 2 as of the date set forth above.
TOWN OF PORTOLA VALLEY: LAMPHIER-GREGORY:
___________________________ __________________________
Craig Hughes, Mayor Scott Gregory, President
ATTEST:
___________________________
Melissa Thurman, Town Clerk
EXHIBIT A-1
(SCOPE AND LEVEL OF SERVICES)
1. Biological work. The biological subconsultant will peer review responses to comments conducted by the applicant’s biological consultant. Completion of this scope will require a budget of $2,420.
2. Cultural and Tribal Cultural. The Cultural and Tribal Cultural subconsultant will review the comments, vet the validity of claims regarding the presence of additional cultural resources, verify efforts to identify cultural resources in the project area are adequate for California Environmental Quality Act compliance, assess the validity and strength of mitigation measures, and prepare a response to comments included in the Final EIR. Completion of this scope will require a budget of $3,350.
3. Wildfire. Wildfire responses will be reviewed in light of additional fire codes and new reports regarding structure density, weather values will also be reexamined, and attendance at hearings is included. Completion of this scope will require a budget of $11,880.
4. Hydrology and Geology. The hydrology and geology subconsultant will peer review responses to comments conducted by the applicant’s consultant.
Completion of this scope will require a budget of $7,700.
5. Greenhouse Gas Emissions. Emissions related comments are straightforward and it is not anticipated to take a significant amount of time to address the comments. Completion of this scope will require a budget of $550.
6. Transportation. The transportation subconsultant will describe and update the VMT analysis, update the level of service analysis, draft responses and make revisions as necessary. Completion of this scope will require a budget of $5,500.
7. Printing. At the Town’s request, Lamphier Gregory will provide eight copies of the Final EIR, including printed copies of both volumes of technical appendices. $2,200.
8. Organizing, reviewing, and responding to comments. Lamphier Gregory will sort comments and convert them to usable file formats and readable files.
Additionally, they will review, incorporate subconsultant comments, draft responses to other comments, compile letters and responses into one Final EIR document, and revise the Final EIR per Town comments. Completion of this scope will require a budget of $30,800.
9. Contingency. A new contingency budget is requested that can be allocated with administrative approval if further out-of-scope items arise during completion of the project. An additional $8,116 contingency budget is requested.
Task Amount
Biology $ 2,420.00
Cultural and Tribal Cultural $ 3,350.00
Wildfire $ 11,880.00
Hydrology and Geology $ 7,700.00
Emissions $ 550.00
Transportation $ 5,500.00
Printing $ 2,200.00
Organizing, reviewing, and responding to comments $ 30,800.00 Additional Contingency $ 8,116.00
Total Amendment 2 Budget $ 72,516.00
Original Contract Budget $ 220,350.00
Amendmnt 1 Budget $ 28,868.00
New Total Not-to-Exceed Amount $ 321,734.00
RESOLUTION NO. 2812-2019
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA VALLEY
APPROVING A CONTRACT WITH LAMPHIER-GREGORY FOR THE PREPARATION OF AN
EIR FOR THE STANFORD WEDGE PROJECT
WHEREAS, Stanford University has submitted an application for a housing project at the site commonly known as the "Stanford Wedge", and
WHEREAS, such a projects is large enough to merit an environmental impact report (EIR), and
WHl;REAS, the Town solicited EIR consultants in September 2019 and received replies from two firms; and
WHEREAS, Town staff interviewed the interested parties and determined that LamphierGregory was best suited to the Town's needs on this projects, and WHEREAS, Town staff is recommending to the Town Council that it approve a contract with Lamphier-Gregory for the preparation of an EIR for the Stanford Wedge project, to be paid by the applicant, in the amount of $220,350.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Portola Valley, California, that a contract for the preparation of an EIR for the Stanford Wedge project is awarded to Lamphier-Gregory.
Passed and adopted by the Town Council of the Town of Portola Valley, California, at a meeting thereof held on the 23th of October, 2019, by the following vote of the members thereof:
REGULARLY PASSED AND ADOPTED this 23rd Day in October of 2019.
ATTEST:
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Town Clerk
AGREEMENT FOR ENVIRONMENTAL SERVICES
BETWEEN TOWN OF PORTOLA VALLEY AND LAMPHIER-GREGORY
THIS AGREEMENT is made and entered into this 23'd day of October, 2019 by and between the Town of Portola Valley, a municipal corporation, ("Town") and Lamphier-Gregory ("Consultant").
RECITALS
A. The Town desires to retain the professional consulting services of Consultant as an independent contractor to provide environmental analysis services to the Town, as described in more detail in Exhibit A.
B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants and conditions contained herein, the parties hereby agree as follows:
1. SCOPE AND LEVEL OF SERVICES. The nature, scope and level of the specific services to be performed by Consultant are as set forth in detail in Exhibit A attached hereto.
2. TIME OF PERFORMANCE. The services shall be performed on a timely, regular basis in accordance with the Schedule of Performance attached hereto as Exhibit B.
3. STANDARD OF PERFORMANCE. As a material inducement to the Town to enter into this Agreement, Consultant hereby represents and warrants that it has the qualifications and experience necessary to undertake the services to be provided pursuant to this Agreement. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the Town.
Consultant hereby covenants that it shall follow the highest professional standards in performing all services required hereunder and will perform the services to a standard of reasonable professional care.
4. COMPLIANCE WITH LAW. All services rendered hereunder by Consultant shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of the Town, and any federal, state or local governmental agency having jurisdiction in effect at the time the service is rendered.
5. TERM. This Agreement is effective on the date set forth in the initial paragraph of this Agreement and shall remain in effect until the services required hereunder have been satisfactorily completed by Consultant, unless earlier terminated pursuant to Section 17, below.
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6. COMPENSATION. The Town agrnes to compensate Consultant for its services according to the fee schedule set forth in Exhibit C, to a maximum of two hundred twenty thousand, three hundred and fifty dollars ($220,350.00). The Town also agrees to compensate Consultant for its out-of-pocket expenses to the extent authorized in Exhibit C. In no event shall the total compensation and costs payable to consultant under this Agreement exceed the sum of two hundred twenty thousand, three hundred and fifty dollars ($220,350.00), unless specifically approved in writing by the Town Council.
7. METHOD OF PAYMENT. Consultant shall invoice the Town for work performed after each task is completed as set forth in Exhibit B. Payments to Consultant by Town shall be made within thirty (30) days after receipt by Town of Consultant's itemized invoices.
8. REPRESENTATIVE. Rebecca Auld is hereby designated as the representative of Consultant authorized to act on its behalf with respect to the services specified herein. It is expressly understood that the experience, knowledge, capability and reputation of Rebecca Auld were a substantial inducement for Town to enter into this Agreement. Therefore, Rebecca Auld shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The representative may not be changed by Consultant without the express written approval of the Town.
9. INDEPENDENT CONTRACTOR. Consultant is, and shall at all times remain as to the Town, a wholly independent contractor and not an agent or employee of Town. Consultant shall receive no premium or enhanced pay for work normally understood as overtime, nor shall Consultant receive holiday pay, sick leave, administrative leave, or pay for any other time not actually worked. The intention of the parties is that Consultant shall not be eligible for benefits and shall receive no compensation from the Town except as expressly set forth in this Agreement.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of the Town or otherwise act on behalf of the Town as an agent. Neither the Town, nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall at no time, or in any manner, represent that it or any of its agents or employees are in any manner employees of the Town. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold the Town harmless from any and all taxes, assessments, penalties, and interest asserted against the Town by reason of the independent contractor relationship created by this Agreement.
Consultant shall fully comply with the worker's compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold the Town harmless from any failure of Consultant to comply with applicable worker's compensation laws. The Town shall not have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to Town from Consultant as a result of Consultant's failure to promptly pay the Town any reimbursement or indemnification arising under this Section. 2 T:\Council Packet Materiai\2019\10-23-19\Stanford EIR Consultant Agreement.doc
10. CONFIDENTIALITY. Consultant, in the course of its duties, may have access to financial, accounting, statistical and personal data of private individuals and employees of the Town. Consultant covenants that all data, documents, discussion, or other information developed and received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by the Town. The Town shall grant such authorization if disclosure is required by law. Upon request, all Town data shall be returned to the Town upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.
11. OWNERSHIP OF MATERIAL. All reports, documents, or other written materials developed or discovered by Consultant or any other person engaged directly or indirectly by Consultant in the performance of this Agreement shall be and remain the property of the Town without restriction or limitation upon its use or dissemination by the Town.
12. CONFLICT OF INTEREST. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. Consultant agrees not to accept any employment or representation during the term of this Agreement which is or may make Consultant "financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decision made by the Town on any matter in connection with which Consultant has been retained pursuant to this Agreement. Nothing in this section shall, however, preclude Consultant from accepting other engagements with the Town.
13. ASSIGNABILITY: SUBCONTRACTING. The parties agree that the expertise and experience of Consultant are material considerations for this Agreement.
Consultant shall not assign, transfer, or subcontract any interest in this Agreement, nor the performance of any of Consultant's obligations hereunder, without the prior written consent of the Town Council, and any attempt by Consultant to do so shall be void and of no effect and a breach of this Agreement.
14. INDEMNIFICATION.
14.1 To the fullest extent permitted by law, Consultant shall indemnify, defend (with independent counsel approved by the Town) and hold harmless the Town, and its elective or appointive boards, officers, employees, agents and volunteers against any claims, losses, or liability that may arise out of or result from damages to property or personal injury received by reason of, or in the course of work performed under this Agreement due to the acts or omissions of Consultant or Consultant's officers, employees, agents or subcontractors. The provisions of this Section survive 3 T:\Council Packet Material\2019\10-23-19\Stanford EIR Consultant Agreement.doc
completion of the services or the termination of this Agreement. The acceptance of such services shall not operate as a waiver of such right of indemnification.
14.2 With regard to Consultant's professional services, Consultant agrees to use that degree of care and skill ordinarily exercised under similar circumstances by members of Consultant's profession, including without limitation adherence to all applicable safety standards. To the fullest extent permitted by law, Consultant shall indemnify, defend (with independent counsel approved by the Town) and hold harmless the Town, and its elective or appointive boards, officers, and employees from and against all liabilities, including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including, but not limited to, reasonable attorneys' fees, court costs and costs of alternative dispute resolution regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of Consultant or Consultant's officers, employees, agents or subcontractors. The provisions of this Section survive completion of the services or the termination of this Agreement. The acceptance of said services and duties by Town shall not operate as a waiver of such right of indemnification.
14.3 The Town does not and shall not waive any rights that they may possess against Consultant because of the acceptance by the Town or the deposit with the Town of any insurance policy or certificate required pursuant to this Agreement.
This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
15. INSURANCE REQUIREMENTS. Consultant agrees to have and maintain the policies set forth in Exhibit D entitled "INSURANCE REQUIREMENTS," which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the Town Attorney as to form and content.
These requirements are subject to amendment or waiver only if so approved in writing by the Town Attorney. Consultant agrees to provide Town with a copy of said policies, certificates, and/or endorsements before work commences under this Agreement. A lapse in any required amount or type of insurance coverage during this Agreement shall be a breach of this Agreement.
16. SUSPENSION. The Town may, in writing, order Consultant to suspend all or any part of Consultant's services under this Agreement for the convenience of the Town, or for work stoppages beyond the control of the Town or the Consultant. Subject to the provisions of this Agreement relating to termination, a suspension of work does not void this Agreement. In the event that work is suspended for a period exceeding 120 days, the schedule and cost for completion of the work will be adjusted by mutual consent of the parties.
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17. TERMINATION.
17.1 This Agreement may be terminated by either the Town or Consultant following five (5) days written notice of intention to terminate. In the event the Agreement is terminated, Consultant shall be paid for any services properly performed to the last working day the Agreement is in effect. Consultant shall substantiate the final cost of services by an itemized, written statement submitted to the Town. The Town's right of termination shall be in addition to all other remedies available under law to the Town.
17.2 In the event of termination, Consultant shall deliver to the Town copies of all reports, documents, computer disks, and other work prepared by Consultant under this Agreement, if any. If Consultant's written work is contained on a hard computer disk, Consultant shall, in addition to providing a written copy of the information on the hard disk, immediately transfer all written work from the hard computer disk to a soft computer disk and deliver said soft computer disk to Town.
Town shall not pay Consultant for services performed by Consultant through the last working day the Agreement is in effect unless and until Consultant has delivered the above described items to the Town.
18. CONSULTANT'S BOOKS AND RECORDS. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, supplies, materials, or equipment provided to Town for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement.
19. NON-WAIVER OF TERMS, RIGHTS AND REMEDIES. Waiver by either party of any breach or violation of any one or more terms or conditions of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. Acceptance by the Town of the performance of any work or services by Consultant shall not be deemed to be a waiver of any term or condition of this Agreement. In no event shall the Town's making of any payment to Consultant constitute or be construed as a waiver by the Town of any breach of this Agreement, or any default which may then exist on the part of Consultant, and the making of any such payment by the Town shall in no way impair or prejudice any right or remedy available to the Town with regard to such breach or default.
20. NOTICES. Any notices, bills, invoices, reports or other communications required or permitted to be given under this Agreement shall be given in writing by personal delivery, by facsimile transmission with verification of receipt or by U.S. mail, postage prepaid, and return receipt requested, addressed to the respective parties as follows:
To Town: To Consultant:
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