1577 (Ferrasci Business Center Specific Plan, Salinas)
2. Analyze potential project‐related changes in roadway traffic noise exposure along roadways near or adjacent to the project site. Calculations will be performed using the FHWA Highway Traffic Noise Prediction Model and traffic data to be obtained from the project traffic engineer or other sources as may be appropriate. Compare project‐related changes in traffic noise exposure to applicable noise level standards and other thresholds of significance.
3. Evaluate potential noise impacts from the project including 1) noise levels from existing noise sources as they may affect the proposed development, and 2) noise levels resulting from development of the project as they may affect existing and proposed noise‐sensitive uses in the project area. This task will include an assessment of exterior and interior noise levels.
4. Quantify noise and vibration levels that would likely occur during construction of the project as they could affect nearby existing or planned noise‐sensitive receptors. Identify nearby existing or planned noise‐sensitive receptors that could be subjected to noise or vibration levels in excess of applicable noise standards or CEQA thresholds as a result of the project construction.
5. Compare project‐related noise levels to applicable City of Salinas noise standards and other appropriate noise impact assessment thresholds as required by CEQA. Prepare generalized recommendations for noise mitigation as may be required for compliance with applicable standards. Identify any residual noise impacts considered to be significant and unavoidable.
6. Prepare a written technical report summarizing the methods, findings and recommendations of the study. The report and associated exhibits will be formatted to facilitate incorporation into the CEQA documents being prepared for the project.
7. Review and respond to comments provided by the project team and/or City of Salinas, as may be appropriate. Respond to noise comments related to the technical report and CEQA documents.
Ron Sissem
Senior Principal
EMC PLANNING GROUP INC.
March 11, 2022
1577 (Ferrasci Business Center Specific Plan, Salinas)
Fee:
WJVA proposes to provide the services described above for a total fee of $6,850, including expenses. Attendance of meetings or hearings, if required, would be subject to additional charges based upon the enclosed Fee Schedule plus expenses. Full payment for services rendered will be due upon submittal of the completed report.
Schedule For Completion:
Work will be scheduled for completion in compliance with the overall project schedule. It is anticipated that the Environmental Noise Assessment may completed within 30 days after receipt of all necessary maps, project information (including the traffic study) and the notice‐to‐ proceed.
We are looking forward to the possibility of working with you on this project. Please do not hesitate to contact me at (559) 627‐4923 or [email protected] if you have any questions or would like additional information.
Sincerely,
WJV ACOUSTICS, INC.
Walter J. Van Groningen
President
WJV:wjv
Enclosure: Fee Schedule
Aviation Noise Studies ꞏ Community Noise ꞏ Architectural Acoustics ꞏ Environmental Noise Assessments 113 N. Church Street, Suite 203 ∙ Visalia, CA 93291∙ (559) 627-4923 1577 (Ferrasci Business Center Specific Plan, Salinas)
FEE SCHEDULE
WJV Acoustics, Inc.
January 1, 2022
Labor: Time spent on behalf of a client is charged as follows:
Principal Consultant: $175/hour
Consultant: $145/hour
Technician: $85/hour
Clerical: $75/hour
Time spent includes travel to/from WJVA’s Visalia office.
A surcharge of 50% over the above rates will be charged for expert witness testimony.
Direct Charges: Direct charges include actual costs for travel, lodging, meals, mileage, equipment fees, computer services, printing and similar costs. Mileage is charged at the standard IRS rate.
Retainer: A retainer of up to 50% of the total fee may be required for new clients or jobs where initial expenses are anticipated to exceed $500.
Note: A Finance Charge of 1% per month, which is 12% per annum, may be charged on accounts not paid within 30 days of invoice.
Illingworth & Rodkin Resumes, Qualifications
and Scope of Work D
APPENDIX
429 East Cotati Avenue
Cotati, California 94931
Tel: 707-794-0400 Fax: 707-794-0405
www.Illingworthrodkin.com [email protected]
JAMES A. REYFF
Mr. Reyff is a Meteorologist with expertise in the areas of air quality and acoustics. His expertise includes meteorology, air quality emissions estimation, transportation/land use air quality studies, air quality field studies, greenhouse gas studies and environmental noise studies. He is familiar with federal, state and local air quality and noise regulations and has developed effective working relationships with many regulatory agencies.
During the past 33 years, Mr. Reyff has prepared Air Quality Technical Reports for over 20 major Caltrans highway projects and conducted over 300 air quality analyses for other land use development projects. These projects included microscale analyses, calculation of project emissions (e.g., ozone precursor pollutants, fine particulate matter, diesel particulate matter, and greenhouse gases), health risk assessments, and preparation of air quality conformity determinations. Mr. Reyff has advised decisions of federal and local air quality agencies regarding impact assessment methodologies and air quality conformity issues. He has conducted air quality evaluations for specific plans and General Plan updates and advised City and County staff on these topics.
Mr. Reyff has been responsible for a variety of meteorological and air quality field investigations in support of air permitting and compliance determinations. He has conducted air quality analyses of diesel generators in support of regulatory permitting requirements and environmental compliance issues. Mr. Reyff has designed and implemented meteorological and air quality monitoring programs throughout the Western United States including Alaska. Programs include field investigations to characterize baseline levels of air toxics in rural areas, as well as regulatory air quality and meteorological monitoring. He was the Meteorologist involved in a long-term monitoring program at the Port of Oakland that evaluated meteorological conditions and fine particulate matter concentrations in neighborhoods adjacent to the Port.
Mr. Reyff has conducted over 15 major acoustical technical studies for transportation systems. He has managed several research studies for Caltrans including a noise study that evaluated long-range diffraction and reflection of traffic noise from sound walls under different meteorological conditions. Mr. Reyff has also evaluated noise from power plants, quarries and other industrial facilities. He has also been actively involved in research regarding underwater sound effects from construction on fish and marine mammals.
PROFESSIONAL EXPERIENCE
1995-Present Illingworth & Rodkin, Inc.
Senior Consultant Cotati, California
1989-1995 Woodward-Clyde Consultants (URS)
Project Meteorologist Oakland, California
1988-1989 Oceanroutes (Weather News)
Post Voyage Route Analyst Sunnyvale, California
EDUCATION
1986 San Francisco State University
B.S. Major: Geoscience (Meteorology)
PROFESSIONAL SOCIETIES
American Meteorological Society Institute of Noise Control Engineering AWARDS
FHWA Environmental Excellence Award – 2005
Caltrans Excellence in Transportation, Environment - 2005
1 Willowbrook Court, Suite 120
Petaluma, California 94954
Tel: 707-794-0400 Fax: 707-794-0405
www.Illingworthrodkin.com [email protected]
Illingworth & Rodkin, Inc. (I&R) Air Quality Studies
I&R has the capabilities to evaluate air quality, health risks and meteorological effects. The bulk of I&R’s air quality services involves environmental evaluations that are in support of both private and public sector projects. Air quality studies for land use projects to support CEQA/NEPA documents and EIRS are most common. Air quality studies include air pollutant, toxic air contaminant, greenhouse gas emissions, and health risk assessment analyses. Types of projects include specific plans for a variety of land use types, office centers, wastewater treatment facilities, waste management facilities, quarries, and other industrial facilities. The firm also assists local communities in developing air quality policies for incorporation into General Plans. Many projects involve the analysis of air quality impacts from both direct and indirect sources of air pollutants. Indirect sources include transportation facilities, which I&R staff has considerable experience evaluating. Through years of conducting environmental noise and air quality studies for local, state, and federal agencies, the firm has developed considerable experience in dealing with both the technical and policy issues. While transportation projects can involve considerable air quality technical aspects, the regulatory challenges can be quite complex. This is especially true in the case with federal projects, where plan conformity issues arise. I&R staff has dealt with these issues on a wide variety of projects ranging from reuse of defense bases, large new freeway projects to simple urban intersection modifications. I&R also has the expertise to perform screening and refined health risk analysis from projects and issues dealing with the siting of sensitive receptors near sources of toxic air contaminants. The firm routinely uses modeling techniques to compute emissions of air pollutants, toxic air contaminants and greenhouse gases. Dispersion modeling using U.S. EPA’s AERMOD model and historical meteorological data are routinely conducted to support environmental studies.
Project Examples
Sunnyvale Downtown Specific Plan, 2020
Illingworth & Rodkin, Inc., working with David J. Powers and Associates evaluated air quality and greenhouse gas emissions impacts associated with intensifying development in downtown Sunnyvale.
The air quality analysis evaluated changes in air pollutant and GHG emissions caused by new, urban, development. This analysis addressed health risk impacts to sensitive receptors in the area and new receptors that the plan would introduce.
Contact: Shaunn Mendrin, Principal Planner, (408) 730-7431 Cityview Plaza Project, 2020
Illingworth & Rodkin, Inc., evaluated the air quality impacts from this large project in downtown San Jose that would demolish almost one million square feet of office and construct 3.8 million square feet of office and commercial space above subterranean parking. Complex air quality issues included a health risk assessment that applied maximum mitigation to reduce exposure of nearby residents to TAC emissions and address the cumulative health risk impacts that the project would contribute.
Contact: Reema Mahamood, Environmental Project Manager, (408) 535-6872 Pure Water Monterey Groundwater Replenishment Project, 2020.
Illingworth & Rodkin, Inc., working with Denise Duffy and Associates evaluated air quality and greenhouse gas emissions impacts associated with construction and operation of an advanced water recycling project, jointly developed by two public agencies – Monterey Peninsula Water Management District and Monterey One Water. Air Quality issues primarily addressed short-term construction impacts along with localized health risks that construction near residences and a school was pose.
Contact: Denise Duffy, (831) 373-4341 (x13)
429 E. Cotati Ave
Cotati, CA 94931
Tel: 707-794-0400 Fax: 707-794-0405
www.illingworthrodkin.com [email protected]
PROPOSAL
Date: March 11, 2022
To: Ron Sissem
EMC Planning Group
301 Lighthouse Avenue, Suite C
Monterey, CA 93940
[email protected]
From: James A. Reyff
Illingworth & Rodkin, Inc.
429 E. Cotati Ave
Cotati, CA 94931
RE: Ferasci Business Center Specific Plan in Salinas, CA SUBJECT: Proposal to Prepare Health Risk Assessment
EMC Planning Group is proposing to prepare the CEQA document for a the proposed Ferrasci a mixed-use business center along U.S. Highway 101 just north of Salinas, CA. A specific plan and annexation into the City are required. Specific project uses are not available at this time.
Illingworth & Rodkin, Inc. proposes to address health risk impacts in terms of increased cancer risk and air contaminant hazards that the project may pose. We understand that EMC Planning Group will address other air quality and greenhouse gas issues. A qualitative health risk impacts methodology is proposed that would require possible further study during a project level analysis when project details are available. However, an option to prepare a detailed, quantitative analysis is provided should sufficient land use/project information detail be available as part of the specific plan process.
Scope of Work – Air Quality
Proposed Option 1: Qualitative Health Risk Impacts
Work tasks proposed are as follows:
1. Identify Potential Health Risk Issues. The Proposed action and surrounding environment would be evaluated to identify potential health risks. City General Plan and proposed Specific Plan policies along with guidance provided by Monterey Bay Air Ron Sissem
March 11, 2022 - Page 2
Resources District (MBARD) would be reviewed to identify those that address environmental health risks.
2. Impacts and Mitigation Measures. Potential health risk impacts would be identified and described based on available site plans and plan descriptions. MBARD thresholds would be used to identify potential significant impacts. General Plan or Specific Plan measures would be applied to reduce impacts. Where necessary, mitigation measures in the form of performance standards and a list of measures to reduce impacts to meet these standards would be identified. These would apply to individual future development projects within the specific plan boundary as a means to reduce potential health risks to less than significant.
Proposed Option 2: Health Risk Assessment
This option would involve emissions and dispersion modeling using available project site designs, construction assumptions and traffic projections to quantify health risk impacts.
1. Identify Potential Health Risk Issues. The Proposed action and surrounding environment would be evaluated to identify potential health risks. City General Plan and proposed Specific Plan policies along with guidance provided by MBARD would be reviewed to identify those that address environmental health risks.
2. Construction and Operational Health Risk. Health risk impacts would be addressed by predicting construction period, delivery truck and any stationary equipment effects.
Emissions would be predicted using the latest version of the CalEEMod model. The health risk assessment would involve dispersion modeling using the Environmental Protection Agency’s AERMOD model and hourly meteorological data from the most representative monitoring station. Emissions obtained from the CalEEMod model would be used to develop construction period emission rates. The EMFAC model would be used to develop emission rates for on-site truck traffic generated by the commercial uses. The cancer risks associated with modeled construction period diesel particulate matter concentrations would be computed following MBARD risk management policy guidance.
The risks would be compared against MBARD CEQA thresholds (i.e., cancer risk of 10 in one million).
If necessary, mitigation measures that represent “Best Management Practices” to control dust or particulate matter emissions would be identified. In addition, other measures that may be necessary to reduce construction exhaust emissions or cancer risks would be identified.
Deliverable. We will prepare a draft air quality health risk assessment report in standard CEQA format with setting, impact and mitigation sections. We will respond to comments on the draft and submit a final report.
Ron Sissem
March 11, 2022 - Page 3
Estimated Cost
Illingworth & Rodkin’s professional fees are based on the following hourly rate schedule:
Principal $230/hour
Senior Consultant $205/hour
Consultant $180/hour
Staff Consultant $155/hour
Technical/Admin Support $110/hour
Rates are subject to change on an annual basis. Document reproduction and shipping at cost.
Mileage at IRS allowable rate; currently $0.585.
We will complete the scope of work outlined above for a total fee of $4,900 for Option 1 and $10,500 for Option 2. Attachment A lists our insurance coverage. Additional services, such as meetings, public hearing attendance, response to agency comments, or development of remedial recommendations, may be provided at the Client’s request for I&R’s hourly fees in effect at the time efforts are undertaken, or for negotiated fees for fixed scope(s) of work. Fees are invoiced monthly. The client agrees to pay I&R at a time not greater than 30 days from receipt of I&R’s invoice, unless due to errors or omissions on the part of I&R. Reimbursable expenses are invoiced separately and in addition. This proposal is valid for 30 days.
Ron Sissem
March 11, 2022 - Page 4
Attachment: A - Insurance Coverage
Ron Sissem
March 11, 2022 - Page 5
429 E. Cotati Avenue
Cotati, California 94931
Tel: 707-794-0400 Fax: 707-794-0405
www.illingworthrodkin.com [email protected]
ATTACHMENT A
INSURANCE COVERAGE
GENERAL LIABILITY in the amount of $2,000,000 per occurrence/ $4,000,000 aggregate.
WORKERS COMPENSATION covering our own employees in the amount of $1,000,000 per occurrence.
AUTO (OWNED & NON OWNED) covering personal injury or death and property damage in the amount of $1,000,000 per claim.
PROFESSIONAL LIABILITY in the amount of $1,000,000 per claim and $2,000,000 annual aggregate.
Limitation of Liability. To the maximum extent permitted by law, Illingworth & Rodkin, Inc. requests that the Client agrees to limit Illingworth & Rodkin, Inc.’s liability for Client damages to the sum of $250,000 or our fee, whichever is greater. This limitation shall apply regardless of the cause or legal theory asserted.
UMBRELLA LIABILITY in the amount of $1,000,000 per occurrence and aggregate.
Certificates of insurance will be issued upon request.
Sample Billing Invoice
E
APPENDIX
1. Project Management, Communications, and Contracting $25,075.00 $23,773.45 $135.00 $23,908.45 $1,166.55 5%
2. Draft Infrastructure/Facilities Master Planning Support $960.00 $959.35 $0.00 $959.35 $0.65 0%3. Tentative Map Support $960.00 $960.00 $0.00 $960.00 $0.00 0%4. Draft Project Description $6,240.00 $6,232.70 $0.00 $6,232.70 $7.30 0%5. Admin Draft, Proof Draft, Public Review Specific Plans $189,536.00 $122,170.72 $555.75 $122,726.47 $66,809.53 35%6a. Air Quality/Greenhouse Gases/Energy Reports $18,065.00 $18,065.00 $0.00 $18,065.00 $0.00 0%6b. Archaeology Report $7,025.00 $7,014.10 $0.00 $7,014.10 $10.90 0%7. Team Subconsultant Technical Report Management $3,990.00 $3,990.00 $0.00 $3,990.00 $0.00 0%8. Review City Consultant Reports $3,250.00 $3,208.50 $0.00 $3,208.50 $41.50 1%9. General Plan Text/Map Amendments and Zoning Map Amendment $2,120.00 $2,120.00 $0.00 $2,120.00 $0.00 0%10. Green Tree Policy Plan Amendments $4,940.00 $4,480.35 $0.00 $4,480.35 $459.65 9%11. Draft Entitlements Package $31,860.00 $0.00 $0.00 $0.00 $31,860.00 100%12. Application Monitoring and Supplemental Application Information $4,970.00 $0.00 $0.00 $0.00 $4,970.00 100%13. EIR Process Support $9,940.00 $9,164.40 $0.00 $9,164.40 $775.60 8%14. Applicant Team Meetings (6) and Calls (20) $15,030.00 $12,065.13 $0.00 $12,065.13 $2,964.87 20%15. City Staff/Applicant Team Meetings (6) and Calls (15) $15,970.00 $12,334.70 $267.50 $12,602.20 $3,367.80 21%16. Agency Meetings (2) $4,000.00 $3,755.25 $0.00 $3,755.25 $244.75 6%17. Draft Application Findings $4,820.00 $0.00 $0.00 $0.00 $4,820.00 100%18. Project Consideration Package Support to City $6,930.00 $0.00 $0.00 $0.00 $6,930.00 100%19. Planning Commission/City Council Updates and Hearings (4) $14,915.00 $0.00 $0.00 $0.00 $14,915.00 100% Subtotal $370,596.00 $230,293.65 $958.25 $231,251.90 $139,344.10 Additional Costs
Production Costs $6,118.00 $231.50 $1.40 $232.90 $5,885.10 96%Travel Costs $1,000.00 $307.40 $0.00 $307.40 $692.60 69%Postal/Deliverables $1,000.00 $3.21 $0.00 $3.21 $996.79 100%Miscellaneous $4,000.00 $620.69 $0.00 $620.69 $3,379.31 84%Administrative Overhead 10% $1,211.80 $116.29 $0.14 $116.43 $1,095.37 90% Subtotal $13,329.80 $1,279.09 $1.54 $1,280.63 $12,049.17 Total Costs $383,925.80 $231,572.74 $959.79 $232,532.53 $151,393.27 39% Project Name: Greentree Planning Services (CS-630)
Invoicing Month: January 2022
Task
Description
Original
Budget
Amount
Previously Billed
Current
Amount Billed
Total Amount
Billed to Date
Budget
Remaining
%
Remaining
Contract Amendment #1
1. Project Management $5,000.00 $951.75 $0.00 $951.75 $4,048.25 81%2. Draft Project Description $6,000.00 $5,973.45 $0.00 $5,973.45 $26.55 0%3. Specific Plan $10,000.00 $0.00 $0.00 $0.00 $10,000.00 100%4. General Plan Text/Map and Zoning Amendments $5,000.00 $3,071.25 $0.00 $3,071.25 $1,928.75 39%5. Applicant Team Meetings/Calls $2,000.00 $0.00 $0.00 $0.00 $2,000.00 100%6. General Plan Goals/Project Consistency Analysis (Out-of-Scope Task) $1,500.00 $0.00 $0.00 $0.00 $1,500.00 100% Contract Amendment #1 Subtotal $29,500.00 $9,996.45 $0.00 $9,996.45 $19,503.55 Subconsultant Expenses
BFS Landscape Architects $7,340.00 $7,340.00 $0.00 $7,340.00 $0.00 0% Subconsultant Overhead 10% $734.00 $734.00 $0.00 $734.00 $0.00 0% Subtotal $8,074.00 $8,074.00 $0.00 $8,074.00 $0.00
Total Project Costs $421,499.80 $249,643.19 $959.79 $250,602.98 $170,896.82 41% Task
Description
Original
Budget
Amount
Previously Billed
Current
Amount Billed
Total Amount
Billed to Date
Budget
Remaining
%
Remaining
Proof of Insurance
APPENDIX F
12/15/2021
Carmel Insurance Agency
San Carlos 2 NW of 8th
P.O. Box 6117
Carmel CA 93921-6117
Monique Thanos, CIC
(831) 624-1234 (831) 624-4605
[email protected]
EMC Planning Group, Inc.
301 Lighthouse Avenue
Suite C
Monterey CA 93940
Admiral Insurance Company
Nationwide Mutual 23787
Republic Indemnity 9999
GL, Auto WC, Excess
A
$10,000 Deductible/Occurrence
FEIECC2432504 12/01/2021 12/01/2022
2,000,000
50,000
5,000
2,000,000
4,000,000
4,000,000
B ACP3008546333 12/01/2021 12/01/2022
1,000,000
Medical payments 5,000
A FEIEXS2432604 12/01/2021 12/01/2022
2,000,000
2,000,000
C 18205512 12/01/2021 12/01/2022
1,000,000
1,000,000
1,000,000
A
Professional Liability
Claims Made Retroactive Date 8/22/02 FEIECC2432504 12/01/2021 12/01/2022 Each Wrongful Act/Claim $2,000,000
General Aggregate Limit $2,000,000
Deductible/Wrongful Act $10,000
Evidence of Insurance
EMC Planning Group, Inc.
301 Lighthouse Avenue, Suite C
Monterey CA 93940
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS
NON-OWNED
OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PROJECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
Target Area K
/
Target Area L2
Westridge
Parkway
,, ;' \ { \
I \ / \ ' ' l
', ' /r., .... ../'
i=J Parcels
C::::J Opportunity Areas
City Limit
L ___ __l Sphere of Influence
0 0.75 miles
•••
c:::J Targe!Areas
Land Use - Proposed
Mixed Use
- Retail
Residential Low Density
I
Economic Development Reserve
l?ZZa {No development capacity assigned
through buildout of the General Plan)
- General Industrial - Open Space
- Business Park Park
Public/Semi Public
Source: City of Salinas 2014, Monterey County GIS Database 2010, Esri 2015 Figure 6
Target Areas and Economic Development Reserve Areas
Salinas Economic Development Element Program EIR
31 Figure 2 – Specific Plan Area
Sobel
Retail
Site
Target Area K
r
0 500 1,000 2,000
Feet
Proposal Area
Proposal Area Parcels
Salinas Boundary
Other parcels
Target Area K & Sobel Retail Site Parcels
City of Salinas
Layer Credits: USDA FSA, GeoEye, Maxar
1 REQUEST FOR PROPOSALS
PREPARATION AND PROCESSING OF
PLANNING ENTITLEMENTS INCLUDING
GENERAL PLAN AND ZONING
AMENDMENTS, ANNEXATION
APPLICATION AND ASSOCIATED
ENVIRONMENTAL DOCUMENTS FOR
FERRASCI BUSINESS CENTER SPECIFIC
PLAN
Released February 17, 2022
Important Dates
Questions Due: March 4, 2022
Proposals Due: March 25, 2022
City of Salinas
Community Development Department
65 West Alisal Street (Second Floor), Salinas, CA 93901 Project Manager: Jill Miller, Senior Planner
Email: [email protected]
2 Table of Contents
SUMMARY OF REQUEST.......................................................................................................................................... 3 BACKGROUND ........................................................................................................................................................... 3 FERRASCI BUSINESS CENTER SPECIFIC PLAN OVERVIEW ............................................................................ 5 PROPOSED ANNEXATION AREA ............................................................................................................................ 5 SCOPE OF WORK ....................................................................................................................................................... 6 I. CEQA Compliance – Environmental Impact Report and Technical Studies ............................................... 6 Task 1: Project Kickoff, Coordination and Management ...................................................................................... 7 Task 2: Environmental Studies and Analysis ........................................................................................................ 7 Task 3: Coordination/Consultation with Other Agencies .................................................................................... 10 II. Technical Planning Support ....................................................................................................................... 10 Task 1: Project Application Review .................................................................................................................... 10 Task 2: Public Hearing Preparation ..................................................................................................................... 11 III. Graphics and Final Document Packaging .................................................................................................. 11 Task 1: Document Packaging .............................................................................................................................. 11 Optional Tasks ..................................................................................................................................................... 11 QUALIFICATION PROPOSAL FORMAT ............................................................................................................... 11 EVALUATION CRITERIA ........................................................................................................................................ 13 PROPOSAL SUBMITTAL ......................................................................................................................................... 14 INQUIRIES ................................................................................................................................................................. 15 CITY PROCESS ......................................................................................................................................................... 15 CONDITIONS AND RESPONSIBILITIES OF REQUEST ...................................................................................... 15 ATTACHMENTS ....................................................................................................................................................... 17 DETAILED TIMELINE .............................................................................................................................................. 17 Attachment 1 Agreement for Professional Services Template .................................................................................... 19 Figure 1 – Annexation Area ........................................................................................................................................ 30 Figure 2 – Specific Plan Area ...................................................................................................................................... 31 3 SUMMARY OF REQUEST
The City of Salinas is requesting qualifications from planning and environmental consulting firms to provide planning and environmental services related to the processing of the Ferrasci Business Center Specific Plan (the “Project”) predominantly located within the City’s Economic Development Element (EDE) Target Area K (Figure 1). The City seeks technical project support with the preparation and packaging of planning entitlements, including General Plan Amendment, Prezoning, Sphere of Influence and Annexation applications, Specific Plan and the preparation of associated Initial Study and required technical studies. It is anticipated that the environmental reivew of the Project can tier off of the EDE Program EIR (2017) which analyzed enviromental impacts in Target Area K. The ultimate determination of the appropriate environmental document required in accordance with the California Environmental Quality Act (CEQA) will be determined by the City based on the conclusions of the prepared Initial Study analysis.
In this regard, the City seeks a consultant team, or consultant teams, that have extensive experience in preparing General Plan Amendments, Pre-Zoning, Sphere of Influence and Annexation applications, Specific Plan, and associated California Environmental Quality Act (CEQA) documents. The consultant team may be a single, multi-service firm, or comprised of a planning lead with sub-consultants as required.
BACKGROUND
In 2017 the City adopted an Economic Development Element (EDE) to the Salinas 2002 General Plan. In the EDE, the City identified a Future Growth Area outside the City’s current northern boundary for economic development known as Economic Opportunity Area K (EOA K). The lands which comprise EOA K (the “North Entrance,” as it is referred to in the EDE) are currently within the County’s jurisdiction and are designated as public/quasi-public, open space, farmlands, permanent grazing, and commercial in the County’s General Plan. EOA K, shown and marked on Figure 1, is comprised of land area where near to mid-term development is projected by the City, Target Area K, and an Economic Development Reserve Area, also identified on Figure 1, which is to accommodate the City’s longer-term economic development needs. With the adoption of the EDE, the General Plan Land Use and Circulation Map was amended to reflect Business Park and Commercial Retail uses in Target Area K and projected development capacity impacts were evaluated in the EDE Program EIR.
In June 2019, the City and County entered into an Addendum to the Greater Salinas Area Memorandum of Understanding (Addendum) to define the coordinated planning processes by which the City and the County will plan for and consider the development of EOA K. In the Addendum, the City and the County agree that the City will take the lead in processing the project and plan entitlements within Target Area K if annexation is a part of the entitlement application.
The Addendum also outlines how the City and the County agree to coordinate planning efforts and 4 entitlement processes (e.g., specific and general development plans, General Plan Amendments, Annexations) for Target Area K. This includes:
1. joint application processing if timing works for all parties, or the provision of timing assurances and opportunity to review and comment on plans and applications if planning in tandem;
2. coordination on or sharing in the preparation of technical studies and analyses required to determine and provide for project infrastructure, services, and public safety needs, (e.g., infrastructure, water, hydrology/stormwater, traffic and transportation);
3. joint determination of appropriate level and process for compliance with California Environmental Quality Act (CEQA) including coordinating on or sharing in project mitigation requirements;
4. selection of a mutually agreed upon consultant to prepare fiscal and economic analysis to provide recommended tax sharing percentages, should they be required, based on data and market demand analysis for proposed commercial uses; and
5. joint review of technical studies, fiscal and economic analysis, and CEQA documents, and potential development of a joint recommendation regarding project entitlement processing for City Council and Board of Supervisors consideration.
In June 2021, the primary property owner of Target Area K submitted applications for the Ferrasci Business Center Specific Plan (Specific Plan) and associated Sphere of Influence Amendment, Annexation (reorganzation), General Plan Amendment and Prezoning of Target Area K. The specific plan area consists of two planning areas (shown on Figure 1 as Specific Plan Areas A and B).
Area A is approximately 123 acres of undeveloped agricultural zoned land located within the County’s jurisdiction but within the City’s Target Area K. Proposed uses are to be consistent with the City’s EDE policies and identified land uses of Business Park and Commercial Retail.
Area B consists of the remainder of Target Area K contemplated to implement retail and commercial land use capacity in accordance with the Economic Development Element Final Environmental Impact Report. Area B would be included as an overlay in the specific plan for cohesive, high-level and long-range planning purposes.
Upon Specific Plan entitlement, it is anticipated that the City will submit an application to the Monterey County Local Agency Formation Commission (“LAFCO”) for Sphere of Influence Amendment, Annexation (reorganzation) and Prezoning of all Target Area K and a proposed commercial retail development immediately to the north of Target Area K at Sala Road, should it be constructed. See Figure 1 and Proposed Annexation Area discussion section below. 5 FERRASCI BUSINESS CENTER SPECIFIC PLAN OVERVIEW
The Specific Plan Area is located at the northern boundary of the City, east of U.S. Highway 101, north of Russell Road, and west of Gavilan Middle School (see Figure 2). The Specific Plan Area has historically been used for agricultural production and is being actively farmed at the time of Specific Plan preparation. The Specific Plan Area is relatively flat and generally slopes southwesterly toward Russell Road and Harrison Road, which defines the Specific Plan Area’s western boundary. Active agriculture defines the Specific Plan Area’s northern boundary.
The Specific Plan aims to serve the City of Salinas and regional business needs by establishing land use and zoning designations that allow for a mix of uses including office, industrial business park, research and development, commercial retail, high-tech, housing, and other supporting land uses. The objective is to to create a cohesive mixed-use business/employment center at the City's northern limits. The Specific Plan Area's probable development intensity will conform with the range for business park development evaluated under the City of Salinas General Plan Economic Development Element EIR for Target Area K.
PROPOSED ANNEXATION AREA
The County has received an application to develop a commercial project on approximately 17.5 acres of commercially designated lands under the County of Monterey’s General Plan that is located within the County’s jurisdiction adjacent to Target Area K and within the City’s Economic Development Reserve Area K near the intersection of Sala and Harrison Roads (“Sobel Project” as shown on Figure 1). The Sobel Project proposes 100,000 square feet of commercial uses including a hotel, retail (Tractor Supply and other), four quick service restaurants, and a gas station.
The County will not deem the Sobel Project application complete without a wastewater treatment plan. Since neither the County nor any other public agency currently provides wastewater service to the proposed project site, the Sobel Project has requested a Will Serve Letter from the City to construct a new line to connect to and receive service from its wastewater collection and disposal system.
The City is currently negotiating an Extraterritorial Wastewater Service Agreement (the “Service Agreement”) with the proponent of the Sobel Project to establish the terms by which the City will grant a Will Serve Letter for the Sobel Project to construct a new line to connect to and receive service from its wastewater collection and disposal system.
Provided the Sobel Project is constructed, the City intends to annex the Sobel Project land area and lands within Target Area K (“Annexation Area”). As stated in the 2019 Addendum, the City 6 would be the lead agency for the annexation application to LAFCO for the Annexation Area as shown in Figure 1.
SCOPE OF WORK
The following describes specific components to be included in the scope of work. The City is open to suggestions other than or in addition to those listed which facilitate the completion of the project or improve project outcomes. It is anticipated that the final scope of work will not be approved until the final contract is executed with the selected consultant and the scope has been further refined as determined by City staff and the consultant.
The Community Development Department will provide the Consultant with the following:
background information and copies of relevant reports, plans and data; publication and mailing of all public notices; staff participation in the review and comment of project draft documents, staff attendance at public meetings and facilitation of stakeholder and or community meetings, and final approval of staff reports and resolutions. Other departments will be involved as well in the review and comment of draft documents. A designated city project manager will coordinate the internal review process upon delivery of draft documents by the Consultant.
Work products must be provided electronically in Word and pdf formats with changes provided in track changes. Consultant is to provide all new maps in ArcGIS or a compatible format, and any digital illustrations and figures in an editable format, so that all work produced by the consultant can also be manipulated and reproduced by City GIS staff without any technical or conversion problems.
I. CEQA Compliance – Environmental Impact Report and Technical Studies
The amount of work needed to complete the CEQA compliance will require a multi-disciplinary approach with experience in land use planning, general plan and land use law, CEQA, Civil Engineering, traffic and circulation, hydrology, noise, air quality, resource management, public services, community participation and public relation techniques, GIS, and graphic arts, as well as other areas of expertise.
This section provides general direction as to what the City envisions to be included in a scope of work. The scope should not be considered completely comprehensive and it is expected that it will be refined based on consultant experience and expertise with these documents. The proposal shall specifically indicate what procedures and methodologies the Consultant intends to use in undertaking each phase of work. Descriptions shall be in sufficient detail to permit evaluation of the relative merits of the analysis and procedures. The RFP is not meant to exclude the suggestions or ideas the consultant may have to improve the CEQA compliance process described, to achieve consistency, comprehensiveness, and to satisfy legal requirements. The Consultant, in drafting the proposal, should suggest changes to the requirements and procedures as outlined this document, if deemed appropriate
7 Unless otherwise noted, the Consultant is responsible for the completion of all work tasks noted below:
Task 1: Project Kickoff, Coordination and Management
The Consultant shall be responsible for project management and logistics for the Environmental Impact Report document. The Consultant will be expected to:
1. Attend a kick-off meeting, coordinated by City staff (the City’s Project Manager) between the project team (City staff, the Consultant and others, as applicable).] In advance of this meeting, the Consultant is to prepare a detailed work program for review by the project team at the meeting, including a detailed schedule/timeline for the completion of each task.
2. Coordinate with relevant County, State and local responsible Agencies.
3. Attend staff coordinated bi-weekly phone call with project team to ensure the project remains on-task and budget. Review follow-up meeting notes reflecting the completion status of each task and any actionable items in accordance with the project.
4. Participate in periodic phone calls, with the City’s Project Manager and Consultant (upon the initiation of either party) on an as needed basis to address any issues that arise between project team meetings.
5. Subcontract as needed with other consultants in specific disciplines and manage any subcontracts including, but not limited to, editing and integration of sub-consultant work to ensure consistency of format, management of time schedules and billing, insurances, etc.
Recommended Minimum Deliverables:
Detailed work program (schedule and timeline)
Detailed budget tracking document
Monthly invoices and progress reports
Management of subcontract agreements
Task 2: Environmental Studies and Analysis
It will be the Consultant's responsibility to prepare a comprehensive environmental impact report tiering off of the EDE Final Program EIR. The consultant shall be responsible for the procedural steps, as appropriate, including the preparation of the Project Description, Initial Study, Notice of Preparation, Notice of Availability, Notice of Completion, Response to Comments, Facts and Findings and Statement of Overriding Considerations (if necessary).
The City shall review and approve the above referenced documents prior to distribution by the consultant. With the support of the consultant, City staff will also schedule and hold appropriate public hearings on the draft documents, including at the Planning Commission and City Council.
City staff will be responsible for the distribution of the environmental documents for public review and comment except for those required to be transmitted to the State Clearinghouse and Office of Planning and Research (OPR), which will be the responsibility of the consultant.
The EIR must be a legally defensible document and meet all requirements as stipulated by the California Environmental Quality Act, as amended. The EIR must also provide discussion and 8 analysis for all other issues identified in the Initial Study, as well as those developed through scoping sessions and the "discovery process" resulting from development of the Specific Plan and EIR. As previously indicated the City envisions using a “tiering approach” in accordance with CEQA Guidelines 15152 by referencing the previously certified 2017 EDE Final Program EIR.
The scope of work should assume the consultant will describe and analyze up to three alternatives; as well as the No Project alternative.
The EIR is expected to be user friendly, concise and written in a manner easily understood by the public. A technically accurate document is essential, but the City also requires the document to be easy to use. The document text must clearly indicate where supporting documentation/evidence for conclusions, policies or synopsis of data is found.
A. Initial Study and Scoping Meeting
In regard to scoping sessions, the consultant shall meet individually with and solicit comments by mail or email from representatives of all responsible, affected and trustee agencies to identify range of issues, actions, alternatives, potential and significant environmental effects and potential mitigation measures. The Consultant will prepare a project description and distribute the Initial Study and NOP. Consultant will lead the Scoping Meeting and summarize comments received at the meeting and provide recommendations on how to respond and address concerns raised through the environmental review process.
Recommended Minimum Deliverables:
Notice of Preparation including Project Description and Initial Study Initial Study
Scoping Meeting facilitation
Memo containing summary of comments and recommended response B. Technical Study and Analysis
The Consultant shall undertake all technical existing conditions reporting, studies and analyses necessary to complete the EIR. This includes evaluation of tiering opportunities, identification of areas of further study required and conducting any additional technical studies necessary to support environmental review.
Recommended Minimum Deliverables:
Technical analyses necessary under CEQA guidelines including, but not limited to:
Air quality and GHG
Biological resources
Cultural resources
Hydrology
Land use
Noise
Traffic and Circulation
Other necessary studies identified in the Consultant’s proposal 9 C. Draft Environmental Impact Report
The Consultant shall prepare at least one administrative draft EIR for internal review and comment by City of Salinas staff. The Consultant will be responsible for drafting all section of the report, including traffic. City comments and edits will be incorporated by the Consultant and the Consultant shall prepare a draft Screencheck and Public Review EIR.
Recommended Minimum Deliverables:
Administrative Draft EIR
Screencheck Draft EIR
Public Review Draft EIR (six printed copies)
D. Mitigation, Monitoring and Reporting Program (MMRP)
The Consultant shall prepare a MMRP for mitigation implementation that will be included as an appendix in the EIR pursuant to CEQA requirements. At a minimum, the MMRP must describe each mitigation measure, party responsible for implementation, party responsible for monitoring, anticipated capital costs, relationship to any project phasing, time frames for implementation, and provide a section for confirmation of implementation.
Recommended Minimum Deliverables:
Administrative draft MMRP
Final MMRP
E. Final Environmental Impact Report
The Consultant shall prepare a final EIR incorporating all response to comments and edits from the draft EIR. This will include a summary of changes made to the draft EIR.
Recommended Minimum Deliverables:
Response to draft EIR comments
Final EIR
Draft and final findings of fact and statement of overriding consideration Resolution certifying EIR
F. Packaging for Submittal to State
In accordance with recent changes to state regulations, consultant shall finalize all documents, package them for submittal to CEQAnet and the State Clearinghouse, and other steps as necessary to complete certification.
Recommended Minimum Deliverables:
Completion of required CEQA and State Clearinghouse forms Notice of Determination
Final document package
G. Contingency
The proposal should include a contingency for unanticipated tasks which would require City of Salinas approval in advance of undertaking. Up to ten percent (10%) of total EIR proposal cost. 10 Task 3: Coordination/Consultation with Other Agencies It will be the Consultant's responsibility to consult and coordinate with all appropriate governmental agencies at the federal, state, regional and local levels as deemed pertinent to the preparation of the EIR. This includes, but is not limited to:
Tribal consultation in compliance with SB 18 and AB 52 Monterey County Airport Land Use Commission
Transportation Agency for Monterey County (TAMC)
Monterey County Water Resources Agency
Monterey Bay Air Resources District (MBARD)
California Department of Transportation, Department of Fish and Wildlife Other state agencies, as appropriate
City Public Works, Recreation-Parks, Police, Fire, Airport, Library, City GIS personnel and Finanace Departments
Monterey One Water
Monterey-Salinas Transit (MST)
Local Agency Formation Commission (LAFCO)
Monterey County Public Works, Planning & Building, and Environmental Resources Policy Departments
Association of Monterey Bay Area Governments (AMBAG)
Monterey County Agricultural Commission
United States Army Corps of Engineers
All applicable school districts
All applicable water districts
Other public agencies, as appropriate
Deliverables:
Draft Tribal Consultation letters
Meeting agendas and materials
Meeting notes and list of follow up actions
II. Technical Planning Support
Task 1: Project Application Review
Support City staff completeness and technical review of the applications submitted for the General Plan Amendment, Specific Plan, Pre-Zoning, Sphere of Influence and Annexation. a. Processing activities include reviewing applications, drafting review comments, consistency analysis, and other technical recommendations b. Support staff to prepare for and participate in meetings with applicant to review project application comments and response to comments.
Deliverables:
11 Draft application review letter(s)
Technical memos as requested
Task 2: Public Hearing Preparation
Support City staff with packaging and processing General Plan Amendment, Specific Plan, PreZoning, Sphere of Influence and Annexation. a. Draft staff reports, resolutions, ordinances and presentations for the Planning Commission and City Council.
b. Attend and participate in public presentations and hearings as appropriate. This will include, at a minimum, a presentation to the Planning Commission and the City Council.
Deliverables:
Draft staff reports, findings, resolutions/ordinances, plus attachments, for Planning Commission and City Council.
III. Graphics and Final Document Packaging
Task 1: Document Packaging
Convert the final specific plan document from word/pdf into InDesign or similar layout software for final packaging and publishing to the City website. This may include graphic support and layout.
Recommended Minimum Deliverables:
• Final specific plan document in InDesign (or similar) software format and pdf.
Optional Tasks
Please provide costs for any optional tasks and for Consultant’s recommended additional optional tasks.
QUALIFICATION PROPOSAL FORMAT
In order to expedite and maintain consistency in the evaluation process, each proposal to this RFP shall be organized in accordance with this section. Proposals will be rated and ranked according to evaluation criteria provided in the next section. Proposal submissions shall contain thorough description and analysis of the following information in the order presented below:
1. Brief Cover Letter/Letter of Introduction
12 2. Executive Summary (maximum two pages)
3. Lead Project Contact
o Name, title and telephone number of the prospective consultant’s designated lead contact person for communications pertaining to this proposal
4. Project Team
o Description of team members assigned to the project and their respective roles. It is expected that once the analysis begins, the project team will remain in place until the work is completed. Please include statements regarding the length of commitment of the proposed staff if they are not available for the duration of this project.
o Organizational chart illustrating team members assigned to the project and their respective roles.
o A brief biography or resume of each team member.
o Identification of specific sub-contractors who will be assigned to the project, and their specific roles and responsibilities.
5. Firm Experience and Qualifications
o A general description of the services provided by the proposer’s firm and subconsultant; the qualifications of each team member providing the requested services and their experience working with municipal departments, commissions, elected officials, and the community.
o A list of representative projects completed by the firms and individuals proposed to work on this project that best exemplify the work requested in this RFP. o For each project reference, include the project name, the client contact, the client’s phone number and email, the dates the work was accomplished, and a brief description of the work accomplished.
o Consultant and sub-consultant document samples for similar projects.
6. Scope of Work including Tasks and Deliverables
o A narrative describing the approach and work plan, including any studies for completing the scope of work. On a per task basis the narrative should identify the designated team member(s) responsible for completing the work, specific deliverables, and the number of meetings attended.
13 o Any additional suggestions Consultant believes would be valuable to include in this effort and any suggestions for further clarifying the scope or work and the usefulness of the product.
o A signed copy of any addendum to this RFP shall be included in the proposal.
7. Budget Estimate
o A detailed budget estimate in matrix form including the hourly rates and time commitments for all team members and sub-consultants by task for the project. o Denote any proposed optional tasks.
o Include similar information for any sub-contractor.
o A sample billing invoice. Invoices to include update on “percent complete” of each task.
8. Project Schedule
o Include timeframe for completion of tasks, including milestone dates for primary deliverables.
o Include discussion of where the project timeline may slip or is susceptible to delay if assumptions are not met relative to project task completion. As it is anticipated the project will have an assertive schedule, it is important for the City to understand the proposer’s expectations for City staff document review timeframes included in this schedule.
o For project management purposes, the schedule should indicate how often there are meetings with City staff, as well as Commission and City Council meetings.
9. General Contract Requirements
o Proof of Insurability. A brief statement or certificate of insurance from an acceptable insurance company setting forth that insurance coverage as required in the attached sample contract, at a minimum, will be available at the time of commencement of the project. The City reserves the right to request additional insurance coverages and amounts through the final Agreement negotiated between the City and consultant selected.
o Concurrence with contract provisions. A brief statement that the proposer concurs with the provisions of the City’s standard contract as attached to the RFP. Under certain circumstances, and subject to the discretion of the City, some provisions of the contract may be modified upon final contract negotiations with the selected consultant.
EVALUATION CRITERIA
14 It is the City’s sole desire to contract with a qualified, professional consultant that has the proven experience, resources, and professional expertise to deliver the requested document(s). A committee comprised of City staff members will conduct evaluation of the proposals. The initial screening will be based on an objective review of the proposal received based on the criteria set forth in this RFP.
Proposals will be evaluated according to qualifications, experience, capabilities, references, resources, scope, schedule, cost, current workload, and demonstrated competence in performing the work required (not necessarily in that order). The proposal needs to fully respond to items listed in this RFP; needs to constitute a team that is experienced and qualified to meet the requirements of this project based on relevant experience; and needs to demonstrate the ability and capacity to identify and plan specific tasks to complete the project in a professional manner on schedule and within budget. The City will select the consultant (or consultants) that best meet(s) the requirements put forth in the RFP. The following criteria will be considered in evaluation of proposals:
Evaluation Criteria Points
Demonstrated project understanding and scope of work and Consultant’s proposed methodology and familiarity with applicable practices and methodologies for the proposed work
25 Firm qualifications and demonstrated past experience, performance, and ability of to deliver high quality work for relevant projects of similar complexity in diverse, rural/urban communities
25 Team member qualifications and experience: adequate technical, financial, and staffing resources for completion of the scope of work within the proposed time schedule; demonstrated qualification of the project leader and assurance of his or her principal involvement in the project through completion.
20 Capacity and track record of delivering projects on time and within budget.
Track record for meeting scheduled milestone dates, cost control, and quality of performance in previous contracts.
15 References from previous clients 10
Completeness of response, adherence to the requested format, and quality of submittal
5 PROPOSAL SUBMITTAL
Proposal shall consist only of electronic materials; pages must be numbered. Submittals must be sent to:
15 Jill Miller, Project Manager
[email protected]
All submittals shall be received no later than Friday, March 25, 2022, at 5:00 pm. Proposals received after 4:00 pm on the due date will not be reviewed. Upon receipt, all material submitted in response to this request become the property of the City of Salinas and may be considered public information pursuant to applicable law.
INQUIRIES
There will be no pre-submittal meeting for this proposal. Any questions regarding this RFP may be emailed to Jill Miller, Project Manager at [email protected] by 5pm on Friday, March 4, 2022. All submitted questions and responses will be posted on the City website www.cityofsalinas.org within one week of the close of the question period. No questions regarding this RFP will be answered over the phone. Proposers that contact City personnel or City Council members after the City releases the RFP shall be disqualified. All addenda shall become part of this RFP. A signed copy of any addendum shall be included in the proposal.
CITY PROCESS
City staff will review and evaluate the submitted proposals based on the stated evaluation criteria.
Staff will contact other agencies for feedback concerning previous work. It is expected that one or more firms will be invited for an interview, however it is the quality of the proposals received that will determine who will be invited to take part in an interview process. The City reserves the right to forgo the interview process and proceed directly to selection of the preferred firm (or firms) in the event that a proposal is deemed superior in content.
The City retains the right to select the qualified finalists. The staff recommendation will be based upon the quality of the proposal, including the experience of the proposed project team, project manager, and experience conducting similar type of work. The City anticipates entering into an agreement with the selected firm(s) based on a negotiated fee and a negotiated scope of work. If an agreement on the fee cannot be reached, the City reserves the right to end negotiations and enter into negotiations with the next highest ranked consultant. The City Manager will consider the staff recommendation and award the contract for the negotiated final scope of work pursuant to the Municipal Code, which may also include consideration by the City Council.
CONDITIONS AND RESPONSIBILITIES OF REQUEST
1. General Conditions. The City of Salinas reserves the right to (1) reject any or all responses, (2) postpone award of the contract for a period not to exceed sixty (60) days 16 from the date replies are due, (3) waive informalities in the responses, and (4) take whatever action or make whatever decision it determines to be in the best interest of the City. All proposals will remain in effect and legally binding for at least sixty (60) days from the date of submission. A contract agreement shall not be binding or valid with the City unless and until it is executed by authorized representatives of the City and of the Selected Consultant.
The City reserves the right to request additional information from any and all prospective firms as deemed necessary by the City in order to evaluate the proposals. This process may not be used, however, as an opportunity to submit missing documentation or to make substantive revisions to the original proposal.
A prospective firm may withdraw their proposal at any time prior to the date and the time which is set forth herein as the deadline for submittal of proposals.
2. Liability of Costs and Responsibility. Each prospective firm submitting a proposal in response to this Request for Proposals agrees that the preparation of all materials and presentation for submittal to the City is at the prospective firm’s sole cost and expense, and the City will not, under any circumstances, be responsible for any costs or expenses incurred by a prospective firm.
Prospective firms are responsible for making necessary investigations and examination of records. Failure to do so will not act to relieve any condition of the proposed agreement or the requirements set out in this RFP. It is mutually understood and agreed that the submission of a proposal shall be considered conclusive evidence that the prospective firm has made such examinations and investigations. No request for modification of a proposal shall be considered after its submission on the grounds that the prospective firm was not fully informed as to any fact or condition.
The selected consultant shall be required to assume responsibility for all services offered in the proposal whether or not they possess them within their organization. The selected consultant will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract.
3. Standard Agreement. A sample professional services agreement is attached for the proponent’s reference. It is the responsibility of the prospective consultant to be familiar with and accept the terms of this standard contract. In some instances, contract provisions can be modified after review and approval of the City during final contract negotiations.
Overall, however, the provisions in this contract are those preferred by the City for the engagement of consulting services relating to this RFP. If any of the terms and conditions contained in the standard agreement are not agreeable, these should be identified specifically, otherwise it will be assumed that the Consultant is willing to enter into the agreement as it is written. Failure to identify contractual issues can be a basis for City to disqualify a consultant.
4. Insurance. Consultant shall, throughout the duration of the project, maintain comprehensive general liability and property insurance covering all operations of Consultant, its agents and employees, performed in connection with the project in the 17 amounts and in the types of coverages shown in the sample professional services agreement.
5. Non-Discrimination/Non-Preferential Treatment. The successful Consultant shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the performance of City contracts.
6. Rights to Submitted Materials. All proposals and related correspondence, reports, charges, schedules, exhibits and other documentation submitted with the proposal will become the property of the City and a matter of public record. All documents submitted in response to this RFP will be subject to disclosure if requested by a member of the public.
There are a very limited number of narrow exceptions to these disclosure requirements.
Any information that a prospective consultant considers confidential, the disclosure of which would be an unwarranted invasion of personal privacy, should be submitted in a sealed envelope marked "CONFIDENTIAL; NOT PUBLIC RECORDS." During the selection process, the City will keep such information confidential and will not disclose it except as may be required under applicable law, including the California Public Records Act. This means that, depending on the nature or timing of the request, or future court decisions, that information may not remain private and may be publicly disclosed. Once the selection process is completed, the City will return this information to the Consultant if not selected. Budgets and cost proposals submitted by proposers shall not be considered confidential or proprietary and may be subject to disclosure.
7. Prohibition of Gifts. City staff and officials are subject to several legal and policy limitations regarding receipt of gifts from persons, firms, or corporations either engaged in business with the Agency, or proposing to do business with the City. The offering of any illegal gift shall be grounds to disqualify a Consultant. To avoid even the appearance of impropriety, Proponents and Selected Consultant should not offer any gifts or souvenirs, even of minimal value, to City officers or employees.
ATTACHMENTS
1. City of Salinas Agreement for Professional Services Template
2. Figure 1: Annexation Area
3. Figure 2: Specific Plan Area
DETAILED TIMELINE
18 Proposal Due: March 25, 2022
Rating and Ranking of Proposals: March 28-April 8, 2022 Interviews with Finalists: April 25-29, 2022
Award of Contract: June 14, 2022
Project Completion: June 14, 2024
19 Attachment 1 Agreement for Professional Services Template
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND ______
This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this ____ day of ______, 2022, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and __________, a _____________(hereinafter “Consultant”).
RECITALS
WHEREAS, Consultant represents that he, she, or it is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, City and Consultant agree as follows:
TERMS
1.Scope of Service. The project contemplated and the scope of Consultant’s services are described in Exhibit B, attached hereto and incorporated herein by reference.
2.Term; Completion Schedule. This Agreement shall commence on ______, and shall terminate on _______, unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties, and may be terminated only pursuant to the terms of this Agreement.
3.Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation of [or as set forth in Exhibit B]. The total amount of compensation to be paid under this Agreement shall not exceed _________.
4.Billing. Consultant shall submit to City an itemized invoice, prepared in a form satisfactory to City, describing its services and costs for the period covered by the invoice. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant’s bills shall include the following information to which such services cost or pertain:
A. A brief description of services performed;
B. The date the services were performed;
C. The number of hours spent and by whom;
D. A brief description of any costs incurred; and
20 E. The Consultant’s signature.
Any such invoices shall be in full accord with any and all applicable provisions of this Agreement.
City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant. The City shall process undisputed portion immediately.
5.Meet & Confer. Consultant agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by the City to ensure timely and adequate performance of the Agreement.
6.Additional Copies. If City requires additional copies of reports, or any other material which Consultant is required to furnish as part of the services under this Agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the actual costs related to the production of such copies by Consultant.
7.Responsibility of Consultant. By executing this Agreement, Consultant agrees that the services to be provided and work to be performed under this Agreement shall be performed in a fully competent manner. By executing this Agreement, Consultant further agrees and represents to City that the Consultant possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the services contemplated under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant’s work. Consultant further agrees and represents that Consultant shall follow the current, generally accepted practices in this area to the profession to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement.
8.Responsibility of City. To the extent appropriate to the projects to be completed by Consultant pursuant to this Agreement, City shall:
(A)Assist Consultant by placing at its disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the projects. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City. (B)Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Consultant, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Consultant.
(C)Megan Hunter, Community Development Director, or her designee, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall 21 have the complete authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant’s services. City may unilaterally change its representative upon notice to the Consultant.
(D)Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project.
9.Acceptance of Work Not a Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Consultant from professional responsibility for the work performed.
10.Indemnification and Hold Harmless.
Consultant shall defend, indemnify, and hold harmless the City and its officers, officials, employees, volunteers, and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder, including the performance of work of any of Consultant’s subcontractors or agents, or Consultant’s failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City.
11.Insurance. Consultant shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto.
12.Access to Records. Consultant shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Consultant’s usual and customary business hours. Consultant shall provide proper facilities to City’s representative(s) for such access and inspection.
13.Non-Assignability. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Consultant. This Agreement is personal to Consultant and shall not be assigned by it without express written approval of the City.
14.Changes to Scope of Work. City may at any time, and upon a minimum of ten (10) days written notice, seek to modify the scope of services to be provided for any project to be completed under this Agreement. Consultant shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such 22 changes. Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.
15.Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on the City’s behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared. City agrees to hold harmless and indemnify the Consultant against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Consultant.
16.Termination.
A. City shall have the authority to terminate this Agreement, upon ten days written notice to Consultant, as follows:
1. If in the City’s opinion the conduct of the Consultant is such that the interest of the City may be impaired or prejudiced, or
2. For any reason whatsoever.
B. Upon termination, Consultant shall be entitled to payment of such amount as fairly compensates Consultant for all work satisfactorily performed up to the date of termination based upon the Consultant’s rates shown in Exhibit B and/or Section 3 of this Agreement, except that:
1. In the event of termination by the City for Consultant’s default, City shall deduct from the amount due Consultant the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Consultant are made to compensate City for its actual additional costs incurred in securing satisfactory performance of the terms of this Agreement, including but not limited to, costs of engaging another consultant(s) for such purposes. In the event that such additional expenses shall exceed amounts otherwise due and payable to Consultant hereunder, Consultant shall pay City the full amount of such expense.
C. In the event that this Agreement is terminated by City for any reason, Consultant shall:
1. Upon receipt of written notice of such termination promptly cease all services on this project, unless otherwise directed by City; and
2. Deliver to City all documents, data, reports, summaries, correspondence, photographs, computer software output, video and audio tapes, and any other materials provided to Consultant or prepared by or for Consultant or the City in connection with 23 this Agreement. Such material is to be delivered to City in completed form; however, notwithstanding the provisions of Section 15 herein, City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such material.
D. In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party.
E. The rights and remedy of the City and Consultant provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.
17.Compliance with Laws, Rules, and Regulations. Services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.
18.Exhibits Incorporated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Agreement, the terms of the Agreement shall control the respective duties and liabilities of the parties.
19.Independent Contractor. It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or servant of the City.
20.Integration and Entire Agreement. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.
21.Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas. Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.
22.Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
23.Notices.
(A)Written notices to the City hereunder shall, until further notice by City, be addressed to:
24 Megan Hunter
City of Salinas
65 W. Alisal Street, Suite 201
Salinas, California 93901
With a copy to:
City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
(B)Written notices to the Consultant shall, until further notice by the Consultant, be addressed to:
[Contact Information for Consultant including Title, Address, Email, and Phone #] (C)The execution of any such notices by the City Manager shall be effective as to Consultant as if it were by resolution or order of the City Council, and Consultant shall not question the authority of the City Manager to execute any such notice. (D)All such notices shall either be delivered personally to the other party’s designee named above, or shall be deposited in the United States Mail, properly addressed as aforesaid, postage fully prepaid, and shall be effective the day following such deposit in the mail.
24.Nondiscrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability.
25.Conflict of Interest. Consultant warrants and declares that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, in any manner or degree which will render the services required under the provisions of this Agreement a violation of any applicable local, state or federal law. Consultant further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Consultant as the result of Consultant’s performance of the work or services pursuant to the terms of this Agreement.
25 26.Headings. The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.
27.Attorneys’ Fees. In case suit shall be brought to interpret or to enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys’ fees in addition to such costs as may be allowed by the Court. City’s attorneys’ fees, if awarded, shall be calculated at the market rate.
28.Non-Exclusive Agreement. This Agreement is non-exclusive and both City and Consultant expressly reserves the right to contract with other entities for the same or similar services.
29.Rights and Obligations Under Agreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.
30.Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its representatives, agents or subcontractors by federal, state or local law, Consultant warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.
31.Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.
32.Legal Representation. Each party affirms that it has been represented, if it so chose, by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.
33.Joint Representation. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.
34.Warranty of Authority. Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.
35.No Waiver of Rights. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any of the terms of this Agreement shall not constitute a waiver thereof. Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of 26 the right to compel enforcement of such provision or any other provision. A waiver by the City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written above.
CITY OF SALINAS
____________________________
Kimbley Craig
Mayor
APPROVED AS TO FORM:
____________________________
Christopher A. Callihan
City Attorney
ATTEST:
_____________________________
Patricia Barajas
City Clerk
CONSULTANT
___________________________________
By (Printed Name): ___________________
Its (Title): ___________________________
27 Exhibit A
Insurance Requirements
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees, or subcontractors. With respect to General Liability and Professional Liability, coverage should be maintained for a minimum of five (5) years after Agreement completion.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
A. Commercial General Liability (“CGL”): Insurance Services Office Form (“ISO”) CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
B. Automobile Liability: ISO Form CA 0001 covering any auto, or if Consultant has no owned autos, hired and non-owned, with limits no less than $1,000,000 per accident for bodily injury and property damage.
C. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
D. Professional Liability (also known as Errors and Omissions) insurance appropriate to the work being performed, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate per policy period of one year.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Salinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy 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. General liability coverage can be provided in the form 28 of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this Agreement or the project described within this Agreement, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO Form CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Consultant, its employees, agents, and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared by Consultant to and approved by the City. At the option of the City, Consultant shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the consultant shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim administrations, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
29 1. The Retroactive Date must be shown and must be before the date of this Agreement or the beginning of Agreement work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all sub-consultants and/or subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from such sub-consultants and/or subcontractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Maintenance of Insurance
Maintenance of insurance by Consultant as specified shall in no way be interpreted as relieving Consultant of its indemnification obligations or any responsibility whatsoever and the Consultant may carry, at its own expense, such additional insurance as it deems necessary. 30 Figure 1 – Annexation Area
31 Figure 2 – Specific Plan Area
Economic Development Element Target Area K Agreements
Ferrasci Business Center Specific Plan
Lisa Brinton, Community Development Assistant Director
Salinas City Council
May 24, 2022
EDE Target Area K
Ferrasci Business Center Specific Plan
Funding Agreement
Follows format, terms and conditions of recent agreements Applicant agrees to reimburse City for cost and expenses associated with Consultant’s work (planning and environmental)
City staff time (project management and processing)
Initial Deposit of $75,000; balance may not drop below $75,000 City to invoice applicant monthly.
Stop Work will be ordered if insufficient funds available to cover work I. CEQA Compliance –
Environmental Impact Report
and Technical Studies
II. Technical Planning Support
III. Graphics and Final Document
Packaging
EMC Scope and Budget
Qualifications/Experience
EDE EIR
Salinas Travel Center
Salinas Ag Industrial Specific Plan
Team
EMC
Kimley-Horn
WJV Acoustics
Illingworth & Rodkin
Budget: $486,128.50 Term: May 1, 2024
Housing and Land Use Committee
Desire to incorporate housing or have a commercial linkage fee/community benefit agreement tied with the proposed Project.
Adding residential uses would require additional CEQA analysis. Approved a motion recommending that the City Council approve the execution of both Agreements.
Recommendation Action
Establish a new CIP for processing of the Ferrasci Business Center Specific Plan Authorize execution of Funding Agreement with the Developer to reimburse City for all Project costs
Appropriate $500,000 for Project costs and budgeting the initial deposit of $75,000 and reimbursement revenue from the Developer to Fund 5203 Authorize execution of an Agreement with EMC Planning Group for an amount not to exceed $486,128.50 for planning and environmental services. The execution of the Agreements does not constitute approval of the Ferrasci Business Center Specific Plan.
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-290, Version: 1
Equipment Donation from Transcend Robotics
Approve a Resolution accepting the donation of a Vantage Robot and authorizing the execution of all necessary donation acceptance documents.
City of Salinas Page 1 of 1 Printed on 5/18/2022
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: MAY 24, 2022
DEPARTMENT: SALINAS POLICE DEPARTMENT
FROM: ROBERTO FILICE, CHIEF OF POLICE
BY: TONYA ERICKSON, MANAGEMENT ANALYST
TITLE: EQUIPMENT DONATION FROM TRANSCEND ROBOTICS
RECOMMENDED MOTION:
A motion to approve a Resolution accepting the donation of a Vantage Robot, facilitated through Transcend Robotics, and authorizing the execution of all necessary acceptance documents.
RECOMMENDATION:
Staff recommends that City Council accept the donation of a fully loaded Vantage Robot and authorize the execution of all necessary donation acceptance documents.
EXECUTIVE SUMMARY:
Transcend Robotics is facilitating the donation of a fully loaded Vantage Robot to the Salinas Police Department. The Vantage Robot, valued at $25,500, is a beneficial de-escalation device that can be used by trained members of the Salinas Police Department. Assembly Bill 481, codified in Government Code sections 7070 through 7075, requires a law enforcement agency (LEA) to obtain approval from the applicable governing body prior to the funding, acquisition, or use of “Military Equipment” as defined by the Bill. As unmanned, remotely piloted, powered ground vehicles such as the Vantage Robot is defined as “Military Equipment” per AB 481, we are seeking City Council approval prior to acquiring the item through donation.
BACKGROUND:
The Salinas Police Department was contacted by the CEO of Transcend Robotics regarding the donation of a fully loaded Vantage Robot valued at $25,500. The donor is an entrepreneur who desires to see expanded access to these life-saving robots and “he believes the sluggish adoption rate is a funding problem.” Per the attached donation letter, he has donated over 12 robots to local agencies to date.
The Vantage Robot is a beneficial de-escalation device to be used during potentially dangerous situations as it has the ability to enter a home or building ahead of officers to view and inspect Page | 2
locations from a position of safety. The Vantage Robot has a patented stair and obstacle climbing system which allows the robot to drive over a variety of obstacles automatically, thus allowing the robot to seamlessly access critical areas. The robot is equipped with cameras and two-way audio, thus providing the ability to establish visual and verbal communication with a subject. The availability of equipment such as this enhances the safety of both officers and the community during critical incidents.
Members of the Salinas Police are familiar with the Vantage Robot as they previously researched the equipment several years ago and were able to test during an extended demonstration. The Police Department wanted to purchase the Vantage Robot but were unable to secure the funding at the time.
Unmanned, remotely piloted, powered ground vehicles have been used by the Salinas Police Department for many years and are currently used exclusively by the SWAT Team. The department currently has three robots, but none have the extended range or automatic stair and obstacle climbing chassis present on the Vantage Robot. The addition of the Vantage Robot, with the simplified controls and automatic climbing capabilities, may allow for expanded use of this equipment. Robots are a vital tool when working to de-escalate situations as it allows officers to address critical incidents from a greater distance, and it enables the gathering of intelligence in a non-confrontational manner while facilitating the establishment of visual and verbal communication with a potential community member in crisis. Only assigned operators who have completed required training are permitted to operate a robot. Use must be authorized by the Incident or Tactical Commander and is subject to applicable laws and department policies.
Assembly Bill 481 – Military Equipment Funding, Acquisition, and Use, requires the Salinas Police Department to obtain approval from the Salinas City Council prior to the funding, acquisition, or use of “Military Equipment” as defined by the Bill. The Vantage Robot meets the criteria of Category 1: Unmanned, remotely piloted, powered aerial or ground vehicles, and thus City Council approved is required prior to acquisition. More information about AB 481, including Salinas Police Department’s policy and equipment inventory are available at www.salinaspd.org/assembly-bill-481. Salinas Police Department Policy 709 Addendum A provides the applicable equipment inventory, including the purpose of equipment, cost, lifespan, and authorized use.
POLICE COMMUNITY ADVISORY COMMITTEE:
The Police Department plans to share information regarding the donation of the Vantage Robot from Transcend Robotics during the Police Community Advisory Committee’s next meeting on May 25, 2022. During that meeting, committee members will have an opportunity to learn more about this equipment and how it will be used at the Salinas Police Department. The Police Chief and Sergeant James Godwin presented information regarding AB 481 – Military Equipment Funding, Acquisition, and Use to PCAC on March 30, 2022. The Committee was able to ask questions and provide comments at that time.
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CEQA CONSIDERATION:
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
STRATEGIC PLAN INITIATIVE:
Accepting this donation will support the City Council’s Strategic Plan Goal of Public Safety.
DEPARTMENTAL COORDINATION:
The Police Department and Legal Department have discussed this donation and will coordinate the execution of all required donation paperwork.
FISCAL AND SUSTAINABILITY IMPACT:
There is no cost to the City of Salinas associated with the acceptance of this donation via Transcend Robotics.
ATTACHMENTS:
Resolution
Transcend Robotics Donation Letter
1 RESOLUTION NO. (N.C.S.)
RESOLUTION ACCEPTING THE DONATION OF EQUPMENT FROM
TRANSCEND ROBOTICS
WHEREAS, unmanned, remotely piloted, powered ground vehicles such as the Vantage Robot are a valuable de-escalation device during potentially dangerous situations; and WHEREAS, the Salinas Police Department wishes to obtain a Vantage Robot with its expanded range, simplified controls and enhanced climbing capabilities; and WHEREAS, Transcend Robotics is facilitating the donation of a fully loaded Vantage Robot, valued at $25,500, to the Salinas Police Department at no cost to the City; and WHEREAS, Assembly Bill 481 – Military Equipment Funding, Acquisition, and Use, requires the Police Department to obtain approval from the Salinas City Council prior to acquisition of this piece of equipment.
NOW, THEREFORE, BE IT RESOLVED the Salinas City Council accepts the donation of a fully loaded Vantage Robot and authorizes the execution of all necessary donation acceptance documents.
PASSED AND APPROVED this 24
th day of May, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
______________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
(O) 619-736-5300
[email protected]
Proprietary and Confidential Information
(O) 619-736-5200 | [email protected] | San Diego, CA May 7, 2022
Police Chief Roberto Filice
222 Lincoln Ave
Salinas, CA 93901
Dear Chief Filice,
I am pleased to inform your agency that a customer of Transcend Robotics would like to donate a Vantage Fully Loaded Robot ($25,500 value each) to your agency to protect Salinas Police officers and community members. The Vantage robot is used by SWAT and patrol officers across the world to enter a home or building ahead of officers to establish communications (both visually and verbally) with a subject via robot to de-escalate volatile situations without incident. Transcend Robotics has been providing robots since 2014 with customers such as Los Angeles Sheriff, Phoenix PD, Denver PD, Cincinnati, Columbus, San Antonio, Dallas Sheriff, Buffalo PD, Charleston Sheriff, US Army, and many others.
About the Donor:
The donor, Huei Thahn Doan is a successful entrepreneur who owns numerous businesses including a real estate investment firm and a chain of smoke shops. Huei is also the spokesperson for Nice Guys Vegan a vegan comfort food restaurant chain with four fully operational restaurants and four additional restaurants in development. Huei as a young child emigrated to America with his family from Vietnam and graduated from Oak Grove High School in San Jose. After graduating from Cosmetology School Huei spent several years kickstarting businesses to no success and became homeless. Huei’s passion to give back to law enforcement is rooted in the help he received from law enforcement programs. That help put him on track to establishing the businesses he owns today. Huei’s philanthropic mission is to “refund, not defund the police for their service to the community”.
Furthermore, as a business owner Huei appreciates the assistance of local law enforcement when vandals damage his business locations.
Huei’s objective is to see these life saving robots establish a dialogue with those citizens in most need. The tools are available, but he is not satisfied with the rate of adoption across SWAT and especially, patrol where they face more dangerous situations in a week than a SWAT team may face in a year. He believes the sluggish adoption rate is a funding problem. Huei has donated over 12 robots to local agencies to date with no sign of slowing down. The Donor is a law-abiding citizen with no criminal record.
Donation Event:
After the customary documents and review has been completed by the agency Transcend Robotics requests a scheduled two (2) hour donation event (ideally 10 AM – 12 PM, local time) to be held by the agency. The event would have all critical patrol (Commanders and Captains), SWAT (Commander/Capt.) and administrative staff (Chief/Sheriff, Assistant Chiefs) in attendance to meet with the donor. After statements have been made by the Donor, Agency leadership and Transcend Robotics a training session for both patrol and SWAT can be commenced. We ask that the agency invite local media as will Transcend Robotics. Transcend Robotics will document the event.
Transcend Robotics will provide breakfast.
Next Steps:
1. Verbally accept donation by contacting Transcend Robotics CEO, Phillip Walker, cell: 415-710-2585 a. Please verbally confirm within 7 days from letter date
2. Paperwork completed (donation forms / other forms)
3. Meeting to discuss event date, media invitations, press releases and miscellaneous logistics
4. Event date
5. Donation completed
a. Within 60 days from date of letter
Thanks,
(O) 619-736-5300
[email protected]
Proprietary and Confidential Information
(O) 619-736-5200 | [email protected] | San Diego, CA Phillip Walker, CEO of Transcend Robotics
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-297, Version: 1
Agreement for Services for Claims Adjuster
Approve a Resolution authorizing the City Manager to enter into an agreement for services with Carl Warren Company in the initial amount of $148,789.96 for third party adjusting services of liability claims brought against the City of Salinas.
City of Salinas Page 1 of 1 Printed on 5/18/2022
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: MAY 24, 2022
DEPARTMENT: CITY ATTORNEY’S OFFICE
FROM: CHRISTOPHER A. CALLIHAN, CITY ATTORNEY
BY: RHONDA COMBS, ASSISTANT CITY ATTORNEY
TITLE: AGREEMENT FOR SERVICES FOR LIABILITY CLAIMS
ADJUSTER
RECOMMENDED MOTION:
A motion to approve a Resolution authorizing the City Manager to execute an agreement for services between the City of Salinas and Carl Warren Company (“CWC”) for third party adjusting (“TPA”) services of liability claims brought against the City of Salinas.
RECOMMENDATION:
This recommendation is to contractually move the City of Salinas away from its current liability claims adjuster, Sedgwick Claims Management Services, Inc. (“Sedgwick”), to services provided by CWC.
BACKGROUND:
Since 2017 the City of Salinas has contracted with York Risk Services Group, Inc. (“York,” which was purchased and assumed by Sedgwick in 2019) for liability TPA services. The 2017 contract is nearing expiration and consequently, in January 2022, the City issued a Request for Proposals (“RFP”) for liability TPA services. The City received four proposals, two of which were deemed the most qualified and responsive by a 3-person RFP committee based upon the written proposals and oral interviews. CWC prevailed as the responsive forerunner by presenting a strong lead adjuster and supervising adjuster, along with high audit scores for quality performance, low turnover rate among employees despite the pandemic and high client retention, as well as expertise in public agency adjusting. City staff was able to negotiate with CWC for an elimination in its proposed fees to reduce the transition of data fees from Sedgwick’s risk management information claims system (“RMIS”) to CWC’s RMIS.
The proposed agreement is to begin July 1, 2022 for a 3-year term with a set annual price of $148,789.96 (thru 2025), two additional 3-year terms are subsequently available upon mutual written agreement of the parties, at a slightly elevated rate, namely $150,930.00 for the second 3- year term, and $162,288.00 for the third 3-year term. To perform these services itself the City would need to solicit for, identify compatibility for, staff with its intellectual technology systems Page | 2
team, and pay for an annual license fee for a RMIS that tracks and records data from many years past to present. Such system is estimated to cost approximately $50,000-plus per year, with increased fees based upon the number of users (with a de-escalation calculation based upon the number of users), Notably, the cost of this proposed agreement is higher than the $83,487.00 that the City pays currently to its incumbent provider. Unfortunately, despite intensive City staff time and resources having been applied to coordinate and direct the service provider back into contractual and best practices standards, unnecessary delays in servicing claims, paying invoices, reporting timely to excess insurers, have remained. Also, please note that the $83,487.00 amount currently paid is a discounted amount that the City Attorney’s Office negotiated to reduce the agreement funding of the incumbent due to year-over-year concerns respecting quality and contractual adherence.
CEQA CONSIDERATION:
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
STRATEGIC PLAN INITIATIVE:
This item relates to the City Council’s Strategic Goal of providing effective and culturally responsive government.
DEPARTMENTAL COORDINATION:
A liability TPA works directly with the City departments which are affected by claims to gather information, facilitate communication, evaluate responsibility/liability or defenses, and to promptly respond to individuals bringing claims against the City.
FISCAL AND SUSTAINABILITY IMPACT:
Funds are appropriated and available in the City Attorney’s Office budget fund (account #7104.14.1248-64.4210).
ATTACHMENTS:
Resolution
Agreement for Services
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RESOLUTION NO. (N.C.S.)
A RESOLUTION SELECTING CARL WARREN COMPANY FOR LIABILITY
CLAIMS THIRD PARTY ADMINISTRATION SERVICES
WHEREAS, City of Salinas issued a Request for Proposal (“RFP”) on January 25, 2022, for general liability and automobile claims administration services; and WHEREAS, upon evaluation of proposals and interview of two top proposers, City’s RFP Committee has recommended Carl Warren Company as the best qualified proposer to meet the City’s liability claims adjusting needs; and
WHEREAS, the agreement is for a three year term with a set annual price of $148,789.96, two additional 3-year terms are subsequently available upon mutual written agreement of the parties, at a slightly elevated rate, namely $150,930.00 annually for a second 3-year term, and $162,288.00 annually for a third 3-year term; and
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby awards a contract for liability claims administration services to Carl Warren Company; and BE IT FURTHER RESOLVED that the City Manager is authorized to sign an agreement with Carl Warren Company to provide such services to the City.
PASSED AND APPROVED this 24th day of May 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
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CARL WARREN & COMPANY, LLC | CONFIDENTIAL & PROPRIETARY Page 1 of 14 CA License #2607296
THIRD PARTY CLAIMS ADMINISTRATION CONTRACT
THIS AGREEMENT, entered into effective JUNE 30, 2022 by and between CITY OF SALINAS, hereinafter called the "PRINCIPAL," and CARL WARREN & COMPANY, LLC, hereinafter called "CONTRACTOR," is for certain services as outlined in connection with the duties and responsibilities of administering a program of self-insurance.
W I T N E S S E T H
WHEREAS, PRINCIPAL has undertaken to administer the entitled matters and is in need of a qualified third party to whom to delegate the responsibilities and duties of administering said partially or totally funded program, and
WHEREAS, CONTRACTOR is engaged in the supervision and administration of programs for commercial general liability self-insurance,
NOW, THEREFORE, PRINCIPAL and CONTRACTOR mutually understand and agree as follows:
1. GENERAL
CONTRACTOR shall:
(a) Supervise and administer the self-insurance program for PRINCIPAL:
(b) Represent the PRINCIPAL in all matters related to the investigation, adjustment, processing, supervision, and resolution of liability claims for money damages asserted by third parties against the PRINCIPAL (and other participants in the program as specified); and
(c) Provide to PRINCIPAL during the Term (as defined below) all the services more particularly set forth hereinafter.
2. INVESTIGATIVE SERVICES
CONTRACTOR shall provide complete investigative and analytical services including, but not limited to:
(a) Receipt and examination of all reports of accidents, incidents, claims or cases which are or may be the subject of such claims reported by PRINCIPAL to CONTRACTOR and;
(b) The investigation of such accidents, incidents, claims or cases where examination warrants such investigation or when requested by PRINCIPAL, such investigation to include on-site investigation, photographs, interviewing of witnesses, CARL WARREN & COMPANY, LLC | CONFIDENTIAL & PROPRIETARY Page 2 of 14 CA License #2607296
determination of losses and other such investigative services necessary to determine liability and loss.
3. SETTLEMENT AUTHORITY
CONTRACTOR shall promptly provide PRINCIPAL written notice of any claim which CONTRACTOR reasonably expects to result in a total settlement payment exceeding the settlement authority limit agreed upon by the Parties (the “Authority Limit”), excluding PRINCIPAL’s payments to CONTRACTOR for CONTRACTOR’s scope of services, and other costs and expenses agreed by the Parties to be reasonably related to CONTRACTOR’s services to PRINCIPAL. The Payment Guidelines incorporated into this Agreement are binding once this Agreement is executed by the Parties. The Payment Guidelines may be adjusted during the Term by mutual agreement of the Parties. Each mutually agreed upon revision of the Payment Guidelines, when executed by both Parties, shall be binding, and incorporated into this Agreement, superseding any antecedent versions of the Payment Guidelines.
Contractor Settlement Authority: $ per suffix.
4. CLAIMS ADJUSTMENT SERVICES
CONTRACTOR shall provide complete claims adjustment services on each accident or incident that may be the subject of a claim against the PRINCIPAL which is reported to CONTRACTOR by the PRINCIPAL. Such services shall include, but not be limited to:
(a) the maintenance of a claim file on each potential or actual claim reported to CONTRACTOR;
(b) whenever its investigation results in a determination that PRINCIPAL has sustained a liability to a third party, CONTRACTOR shall process any such claim or potential claim for settlement in accordance with the PRINCIPAL'S instructions for settlement of such claims, as set forth in the Payment Guidelines; and (c) obtaining all release agreements or proofs of loss on settlement of any claim or potential claim. If subrogation is pursued, the rates in Section 9 will apply unless a separate contingency fee agreement is agreed to by PRINCIPAL and CONTRACTOR.
5. ADMINISTRATIVE SERVICES
CONTRACTOR shall provide the following administrative services:
(a) Assignment of a Principal Account Adjuster to the PRINCIPAL; (b) Providing PRINCIPAL with electronic access to all reported claims during the term of this Agreement, indicating the status of each reported open claim assigned to CONTRACTOR, the details of each such claim, the outstanding reserves for each claim and details of all claim payments; and
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(c) Periodic review and adjusting of reserves on all open claims. Account specific reports and attendance at meetings (including round trip travel) shall be provided by CONTRACTOR at the rates provided in Section 9 under ancillary services.
6. LEGAL SUPPORT SERVICES
CONTRACTOR shall provide the following legal support services on each claim wherein the claimant has commenced litigation:
(a) Upon notification by PRINCIPAL that litigation has been filed on an open claim, CONTRACTOR shall notify PRINCIPAL and, in accordance with PRINCIPAL’S instructions, the PRINCIPAL'S excess insurance carrier and/or excess reporting authority, pool or group (the “excess entity”) and/or trial attorney assigned by PRINCIPAL to handle the case and provide such excess entity and/or trial attorney with all information and files concerning claim;
(b) Maintain liaison with PRINCIPAL'S excess entity and/or trial attorney and provide such investigation services as are required by such attorney during pre-trial and trial stages; and
(c) Assist PRINCIPAL'S excess entity and/or trial attorney with discovery and other legal processes.
7. SUBROGATION SERVICES
If the Fee Schedule in Section 9 shows that CONTRACTOR will be providing subrogation services, CONTRACTOR shall: Supervise and administer the subrogation program for PRINCIPAL, represent PRINCIPAL in all matters related to the investigation, collecting processing, supervision and resolution of subrogation claims, against third parties, for damage to PRINCIPAL’S property. This Agreement does not include recovery of damages or cost relating to Workers Compensation Claims, presented by PRINCIPAL’S employees.
CONTRACTOR shall provide complete collection services to PRINCIPAL, including receipt and examination of all reports of accident, incidents, claims or cases which are or may be the subject of a subrogation claim. The investigation of such accidents, incidents, claims or cases will include determining responsibility, establishing damage amount, pursuing collection, negotiating settlements and processing of monetary recovery.
8. TERM OF AGREEMENT
The term of the Agreement (the “Term”) shall commence on JUNE 30, 2022 and continue until JUNE 29, 2025, unless terminated earlier as provided in Section 13 herein.
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9. PRICING
PRINCIPAL agrees to pay the following claim handling and service fees for CONTRACTOR’S services:
CLAIMS ADMINISTRATION
SERVICES
FIXED ANNUAL PRICING
INITIAL CONTRACT
2022 - 2025
OPTION 1
2025 - 2028
OPTION 2
2028 - 2031
Fixed Annual Rate $143,789.96 $150,930 $162,288
Incident Report/Record Only Included Included Included
Take Over Claims Included - -
Telephone
Included Included Included
Copy Work
Stenographs
Postage
Office Expense
Claims Set-Up Fee
Data Processing
Index Bureau (ISO Claims Search
and OFAC)
MMSEA Filing Fee (liability claims)
Misc./Allocated Loss Adjustment
Expenses (i.e., police reports,
medical records, etc.)
At Cost At Cost At Cost
Field Work Services
General Liability Adjuster Services $90 per hour $96 per hour $100 per hour Mileage IRS Rate IRS Rate IRS Rate
Photographs/Duplicate
Photographs Included Included Included
Ancillary Services
Subrogation Setup Fee (one-time
charge) Included Included Included
Subrogation (if utilized) 18% of net
recovery
18% of net
recovery
18% of net
recovery
Outside Investigations
At Cost At Cost At Cost Auto/Property Damage
Appraisals
Surveillance/Fraud Unit
Annual Administration Services
• Data Management
• Account Management
• Annual Stewardship
• Claims Review
Included Included Included
Risk Management Information System Services
• Setup (First Year)
• Training/Technical Support
• 3 Users RMIS Access
• Standard Loss Runs
• Report Programming
• Carrier TPA Oversight (Data
Extract, Feeds, Audits,
Compliance & Reporting)
Included Included Included
Data Intake of Existing Claims (onetime charge in first year) included - - CARL WARREN & COMPANY, LLC | CONFIDENTIAL & PROPRIETARY Page 5 of 14 CA License #2607296
Additional Users (over first 5 users) $250/user per year $250/user per year $250/user per year Custom Report Development (2+
hours) $250 per hour $250 per hour $250 per hour
Other IT Services (Exit, Final
Termination etc.) $250 per hour $250 per hour $250 per hour Banking/Trust Account Services
Trust Account Maintenance
Included Included Included Check Issuance & Reconciliations 1099 Reporting, including IRS File (if
requested)
CONTRACTOR has the right to revise this fee schedule at no more frequently than one (1) year intervals. CONTRACTOR will provide a minimum of thirty (30) days prior notice of any such revision to the fee schedule to PRINCIPAL, which notice shall state the effective date of the revised fee schedule. Unless PRINCIPAL exercises its right to terminate this Agreement pursuant to Section 13(a) prior to the effective date of the revised fee schedule, such revised fee schedule shall govern for the remainder of the Term (or until further adjusted pursuant to this Section 9). If PRINCIPAL does exercise its right to terminate this Agreement pursuant to Section 9 during the period between receipt of any such revised fee schedule and the effective date of such revised fee schedule, the existing fee schedule (and not the revised schedule) shall govern for the remainder of the Term.
The above fee schedule for the services does not include “Allocated Expenses”, defined to mean customary and usual costs and expenses incurred and/or paid by CONTRACTOR on PRINCIPAL’S behalf in connection with the investigation, adjustment, settlement or defense of a claim. Such costs and expenses include, but are not limited to, professional photography, police reports, independent medical examinations, professional engineering services, laboratory services, bulk copy jobs, private investigators, legal costs and fees and work performed by accountants. CONTRACTOR shall charge PRINCIPAL for non-staff investigators or adjusters when, in the opinion of CONTRACTOR, such assistance is necessary and reasonably related to the monetary exposure. Allocated Expenses do not include the fees payable to CONTRACTOR pursuant to the fee schedule in this Section 9, nor the salaries, wages or benefits paid to CONTRACTOR’S employees or office and other overhead expenses associated with the performance of the services hereunder by CONTRACTOR. PRINCIPAL agrees to pay for the cost of all reasonable and supportable Allocated Expenses incurred in connection with the services under this Agreement.
Charges for non-file-related professional services performed at the specific request of PRINCIPAL will be billed on an as quoted basis.
10. DATA PROCESSING
a. The following standard services are included in these services provided pursuant to this Agreement - claims data electronically for up to five recipients and access to FileHandler Enterprise for up to five users. For security purposes, access to FileHandler Enterprise and any subscriptions will automatically terminate at the end of twelve (12) CARL WARREN & COMPANY, LLC | CONFIDENTIAL & PROPRIETARY Page 6 of 14 CA License #2607296
months. PRINCIPAL shall be responsible for notifying CONTRACTOR to renew user subscriptions and access or to substitute users.
b. Additional users or recipients shall be charged on a per person basis at an annual fee of $250.
c. Special reports, new reports and data feeds can also be requested. They are subject to a cost per quote at a rate per project or per hour once the scope has been agreed upon. CONTRACTOR does not possess any interest, title, lien or right to any client data or records. Therefore, upon termination of the contract, CONTRACTOR is relieved of all obligations to provide data processing services to PRINCIPAL and will deliver to PRINCIPAL all data and records in a readily available excel or PDF format. If a different format is desired by PRINCIPAL, CONTRACTOR will provide it to PRINCIPAL at an agreed upon and reasonable cost and timeline.
11. PRINCIPAL'S RESPONSIBILITIES
PRINCIPAL shall provide CONTRACTOR with copies of all relevant documents upon request and without charge and shall make available any PRINCIPAL employee for interviews by CONTRACTOR at reasonable times concerning any investigation of a claim or incident pursuant to this Agreement.
CONTRACTOR shall bill PRINCIPAL and furnish PRINCIPAL with invoices for services rendered in accordance with the fee schedule set forth in the Agreement. Each invoice will include the claim or other matters for which a fee is being charged and the amount of the associated fee for that claim or matter. All sums due hereunder shall be paid by delivery of PRINCIPAL’S check, or wire transfer to CONTRACTOR’S offices located at the address set forth herein, within thirty (30) days following the invoice date. If any amount invoiced is in dispute, PRINCIPAL shall pay the undisputed amount and notify CONTRACTOR within thirty (30) days after the invoice date of the disputed portion; failure by PRINCIPAL to deliver written notice to CONTRACTOR of dispute with regard to any portion of an invoice within such time frame shall be deemed acceptance of the entire invoice by PRINCIPAL. Fees not paid in full within thirty (30) days of the invoice date (excluding any good faith disputed amount for which PRINCIPAL has delivered a written notice of dispute in accordance with this Section 11), at CONTRACTOR’S option, will be subject to per annum interest at the lower of (i) 18% or (ii) the maximum interest rate permitted by applicable law, calculated from the due date to the date payment is received by CONTRACTOR. For invoices not paid in full within thirty (30) days of the invoice date, CONTRACTOR will notify PRINCIPAL of such failure to pay and if PRINCIPAL does not cure such failure in full (excluding any good faith disputed amount for which PRINCIPAL has delivered a written notice of dispute in accordance with this Section 11) within ten (10) business days after the date of such notice (the “cure period”), CONTRACTOR may, without waiving any other rights or remedies to which it may be entitled, as of the first business day following the cure period, immediately limit access to data, suspend and/or terminate this Agreement, and/or seek collection of all amounts due, including by sending outstanding invoices to a collection agency. PRINCIPAL will reimburse any costs and expenses (including, but not limited to, the fees of a collection CARL WARREN & COMPANY, LLC | CONFIDENTIAL & PROPRIETARY Page 7 of 14 CA License #2607296
service and reasonable attorneys’ fees) incurred by CONTRACTOR to collect any amount that is not paid when due.
12. CONFLICT OF INTEREST
In the event a claim or incident is reported to CONTRACTOR by PRINCIPAL and it is determined that the actual or potential claimants therein are also clients of CONTRACTOR, then CONTRACTOR shall immediately notify PRINCIPAL of such potential conflict of interest so PRINCIPAL may have the option to choose an independent investigator and adjuster.
13. CANCELLATION OF AGREEMENT
a. Voluntary Termination. This Agreement may be terminated at any time by either party, without cause, by giving the other party not less than sixty (60) days prior written notice of such termination.
b. Termination for Cause. This Agreement shall terminate at the election of PRINCIPAL or CONTRACTOR if the other party breaches any material provision of this Agreement and fails to cure such breach within ten (10) business days after written notice thereof is given to the party, or in the event the breach is not capable of being cured within such ten (10) business day period, the breaching party has not commenced good faith efforts to cure such default within ten (10) business days and continued thereafter in good faith to diligently pursue the completion of such cure. Failure of PRINCIPAL to comply with Section 11PRINCIPAL’S RESPONSIBILITIES shall qualify as cause under this Section.
c. Termination by CONTRACTOR. CONTRACTOR may terminate this Agreement pursuant to Section 17(f).
14. DISPOSITION OF FILES ON TERMINATION OF AGREEMENT
a. All files on each claim shall be property of the PRINCIPAL. b. In the event of expiration of the Agreement, non-renewal thereof, or cancellation, CONTRACTOR shall bill the PRINCIPAL, subject to the rates quoted in Section 9 herein above, for work completed by CONTRACTOR on each claim. Upon receipt of payment of outstanding invoices (including those in Section 14(c) below), CONTRACTOR shall promptly forward all completed and pending claim files to the PRINCIPAL unless PRINCIPAL requests CONTRACTOR to continue to process any files on a time and expense basis as provided for in the CONTRACTOR'S Rate Manual at the time such services are rendered.
c. PRINCIPAL agrees to pay CONTRACTOR for the internal and/or external cost of retaining, storing, retrieving, logging, packing, and shipping files which are stored on or off premises by CONTRACTOR.
15. HOLD HARMLESS
a. PRINCIPAL’S Indemnification Obligation. PRINCIPAL agrees it will indemnify, defend and hold harmless CONTRACTOR and its affiliates, and their respective officers, CARL WARREN & COMPANY, LLC | CONFIDENTIAL & PROPRIETARY Page 8 of 14 CA License #2607296
directors, employees, agents, attorneys, shareholders, and their successors and assigns (collectively “CONTRACTOR Indemnity”), from and against any loss, claim, damage, cost or expense, including but not limited to reasonable attorney’s fees and costs, that such CONTRACTOR Indemnity may incur arising out of, in connection with, or in any way related to the performance of CONTRACTOR’S duties and obligations under this Agreement except claims solely resulting from or arising out of:
(i) acts of CONTRACTOR performed in bad faith or failures to act occurring as a result of CONTRACTOR’S negligence resulting in a breach of CONTRACTOR’S duties and obligations under this Agreement; or
(ii) acts of CONTRACTOR which exceed the authority granted to it by PRINCIPAL under this Agreement; or
(iii) acts or failures to act of CONTRACTOR which are not in compliance with lawful written instructions issued by PRINCIPAL to CONTRACTOR provided such instructions are consistent with the scope, objectives and terms of this Agreement.
b. CONTRACTOR’S INDEMNIFICATION OBLIGATION. CONTRACTOR agrees it will indemnify, defend and hold harmless PRINCIPAL and its respective affiliates, and their respective officers, directors, employees, agents, attorneys, shareholders, and their successors and assigns (collectively “PRINCIPAL Indemnity”), from and against any loss, claim, damage, cost or expense, including but not limited to reasonable attorney’s fees and costs, that such PRINCIPAL Indemnity may incur solely resulting from or arising out of:
(i) acts of CONTRACTOR performed in bad faith or failures to act occurring as a result of CONTRACTOR’S negligence resulting in a breach of CONTRACTOR’S duties and obligations under this Agreement; or
(ii) acts of CONTRACTOR which exceed the authority granted to it by PRINCIPAL under this Agreement; or
(iii) acts or failures to act of CONTRACTOR which are not in compliance with lawful written instructions issued by PRINCIPAL to CONTRACTOR provided such instructions are consistent with the scope, objectives, and terms of this Agreement.
c. Limitations on CONTRACTOR’s Indemnity Obligations. CONTRACTOR’S indemnification obligations set forth in this Agreement shall apply only to the extent such obligations solely relate to or solely arise in connection with claims serviced by CONTRACTOR during the Term and under the scope of this Agreement. d. Survival of Obligations. The obligations of the parties set forth in this Section 15 shall survive termination of this Agreement.
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16. AUDITS
The CONTRACTOR’S files shall be made available for audits at any time upon reasonable notice. Reasonable notice shall be defined as thirty (30) days or as otherwise agreed by the parties. If special retrieval or shipment of the requested files is necessary, PRINCIPAL shall reimburse CONTRACTOR at cost. The CONTRACTOR reserves the right to reject an auditor proposed by PRINCIPAL if the proposed auditor may gain an unfair competitive advantage over CONTRACTOR by conducting such an audit.
17. MISCELLANEOUS
a. Governing Law. This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of California.
b. Amendments, etc. Neither this Agreement nor any of the terms hereof may be amended, changed, waived, discharged or terminated except by an instrument in writing signed by both of the parties hereto.
c. No Waiver. No delay on the part of any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof; nor shall any waiver on the part of any party hereto of any such right, power or privilege, or any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other right, power or privilege.
d. Severability. If any part of this Agreement is contrary to, prohibited by or deemed invalid under, any applicable law of any jurisdiction, then such provision shall, as to such jurisdiction, be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, without invalidating the remainder hereof or affecting the validity or enforceability of such provision in any other jurisdiction. e. Independent Contractor. At all times during the term of this Agreement, CONTRACTOR shall be deemed to be an independent contractor to PRINCIPAL acting in the capacity as PRINCIPAL’S agent subject to the limited authority granted herein. Nothing contained in this Agreement shall be deemed to create the relationship of employer and employee, partners, or joint ventures between PRINCIPAL and CONTRACTOR. CONTRACTOR shall not act as an insurer, nor shall it be ultimately financially responsible for payment or satisfaction of Claims or causes of action against PRINCIPAL.
f. Current Law & Regulation. This Agreement is entered into with the understanding that existing Federal, State, or other jurisdictional regulations will remain in effect for the duration of this Agreement. PRINCIPAL agrees that should administrative or other costs of service provided hereunder be substantially increased as a result of modifications in existing law, enactment of new legislation, or promulgation of new administrative guidelines, CONTRACTOR service fees may be renegotiated during the Agreement term. If revised fee agreements cannot be reached, CONTRACTOR may terminate this Agreement, at its option, after thirty (30) days written notice to PRINCIPAL. g. Counterparts. This Agreement may be executed simultaneously in two counterparts, each of which when so executed and delivered shall be deemed an original, but both of which together shall constitute one and the same instrument, and all CARL WARREN & COMPANY, LLC | CONFIDENTIAL & PROPRIETARY Page 10 of 14 CA License #2607296
signatures need not appear on any one counterpart. A facsimile, telecopy or other reproduction of this Agreement may be executed by any party and delivered by such party by facsimile or other electronic transmission (including e-mail), and such execution and delivery shall be considered valid, binding and effective for all purposes.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their duly authorized representatives as of the day and year first written above. (CONTRACTOR) (PRINCIPAL)
CARL WARREN & COMPANY, LLC
Company Name
City of Salinas
Client
Signature Signature
Richard McAbee
Print Name Print Name
Chief Marketing Officer
Title Title
Date Date
ANY ALTERATIONS TO THIS CONTRACT WILL RENDER THE CONTRACT NULL AND VOID. THE PRICING QUOTED IN THIS CONTRACT WILL REMAIN EFFECTIVE FOR THIRTY (30) DAYS FROM
THE INCEPTION DATE LISTED ON THIS CONTRACT AFTER WHICH TIME THE CONTRACT WILL BE RECINDED.
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EXHIBIT A
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees, or subcontractors. With respect to General Liability and Professional Liability, coverage should be maintained for a minimum of five (5) years after Agreement completion.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
(A) Commercial General Liability (“CGL”): Insurance Services Office Form (“ISO”) CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (B) Automobile Liability: ISO Form CA 0001 covering any auto, or if Consultant has no owned autos, hired and non-owned, with limits no less than $1,000,000 per accident for bodily injury and property damage. (C) Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. (D) Professional Liability (also known as Errors and Omissions) insurance appropriate to the work being performed, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate per policy period of one year.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Salinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or CARL WARREN & COMPANY, LLC | CONFIDENTIAL & PROPRIETARY Page 12 of 14 CA License #2607296
operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this Agreement or the project described within this Agreement, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO Form CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Consultant, its employees, agents, and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared by Consultant to and approved by the City. At the option of the City, Consultant shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the consultant shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim administrations, and defense expenses. The policy language shall provide, or be endorsed to provide, that the selfinsured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
CARL WARREN & COMPANY, LLC | CONFIDENTIAL & PROPRIETARY Page 13 of 14 CA License #2607296
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of this Agreement or the beginning of Agreement work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all sub-consultants and/or subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from such sub-consultants and/or subcontractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Maintenance of Insurance
Maintenance of insurance by Consultant as specified shall in no way be interpreted as relieving Consultant of its indemnification obligations or any responsibility whatsoever and the Consultant may carry, at its own expense, such additional insurance as it deems necessary.
CARL WARREN & COMPANY, LLC | CONFIDENTIAL & PROPRIETARY Page 14 of 14 CA License #2607296
(CONTRACTOR) (PRINCIPAL)
CARL WARREN & COMPANY, LLC
Company Name
City of Salinas
Client
Signature Signature
Richard McAbee
Print Name Print Name
Chief Marketing Officer
Title Title
Date Date
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-300, Version: 1
Extension of Agreement for Services for Workers’ Compensation Third Party Claims Adjuster Approve a Resolution authorizing the City Manager to enter into an extension of an Agreement for Services with CorVel Enterprise Comp., Inc., in the total amount of $216,651 per year, for third party adjusting services for workers’ compensation claims brought against the City of Salinas.
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: MAY 24, 2022
DEPARTMENT: CITY ATTORNEY’S OFFICE
FROM: CHRISTOPHER A. CALLIHAN, CITY ATTORNEY
BY: RHONDA COMBS, ASSISTANT CITY ATTORNEY
TITLE: EXTENSION OF AGREEMENT FOR SERVICES FOR WORKERS’
COMPENSATION THIRD PARTY CLAIMS ADJUSTER
RECOMMENDED MOTION:
A motion to approve a Resolution authorizing the City Manager to execute a two-year extension to an agreement for services between the City of Salinas and CorVel Enterprise Comp, Inc. (“Corvel”), in the amount of $216,651 per year, for third party adjusting (“TPA”) services of workers’ compensation claims brought against the City of Salinas.
RECOMMENDATION:
This recommendation is to continue services to the City from Corvel for its provision of TPA workers’ compensation services.
BACKGROUND:
Workers’ compensation coverage is a state law mandated benefit covering employees whose injuries arise out of employment or are caused by employment. Since 2014 the City has contracted with Corvel for workers’ compensation TPA services. Prior to that date the City had received TPA services from various contracted TPAs over the years. TPA administration for the City’s workers’ compensation program includes, by way of example, the following services: Claim Intake and Evaluation; Communication with Injured Employees; Coordination with Medical Providers such as the City’s Contracted Occupational Medical Care Facility, Pinnacle Healthcare; Bill Review; Utilization Review; Nurse Case Management Dispatch and Care; Coordination of Benefits and Payroll Adjustments; and Compliance with Rules and Regulations Established by the State of California Division of Industrial Relations, Department of Self-Insurance Plan. A more detailed description of workers’ compensation services is included at Exhibit A to the original agreement by and between the City and CorVel. A copy of the same is also attached to this Report for ease of reference.
CorVel staffs the City’s account with two full-time, City of Salinas-dedicated claims adjusters and additional account personnel that service the City, including an account supervisor, an account Page | 2
manager, a bill review specialist, the vice president of claims, and a case management and utilization review manager, among others. This CorVel team produces detailed monthly reports by department of open claims and communicates daily with City staff, including the City Attorney’s Office which oversees the City’s workers’ compensation program as a whole, as well as departmentally with injured employees and their supervisors. On a quarterly basis, CorVel spends a full day providing a verbal presentation to the City respecting open claims, employee welfare and return to work status, litigation updates, and reviewing losses and projected losses. Annually, CorVel provides in-person training to City of Salinas employees about the City’s workers’ compensation program, and annually CorVel and the City’s actuary meet with the City for 2 days reviewing the City’s workers’ compensation information as a whole to accord with effective program stewardship and best practices in workers’ compensation claims management and provision of benefits.
The most recent contract amendment with CorVel is nearing expiration except that its terms permit an amendment upon 30 (thirty) days’ written notice. The proposed agreement is to begin no later than July 1, 2022, for a 2-year term extension to next end on June 30, 2024, with a set annual price of $216,651.00. This is the same price currently paid annually, in other words, City staff successfully negotiated a flat renewal price with CorVel for 2 additional years.
CEQA CONSIDERATION:
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (“CEQA”). (CEQA Guidelines Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
STRATEGIC PLAN INITIATIVE:
This item relates to the City Council’s Strategic Goal of providing effective and culturally responsive government.
DEPARTMENTAL COORDINATION:
A workers’ compensation liability claims adjusting firm works directly with the City departments which are affected by claims to gather information, facilitate communication, evaluate responsibility/liability or defenses, and to promptly respond to individuals bringing claims against the City.
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FISCAL AND SUSTAINABILITY IMPACT:
Funds are appropriated and available in the City Attorney’s Office budget fund (account #7103.14.1247-64.4610).
ATTACHMENTS:
Exhibit A
Resolution
Page | 4
RESOLUTION NO. (N.C.S.)
A RESOLUTION EXENDING THE AGREEMENT FOR WORKERS’ COMPENSATION
CLAIMS THIRD PARTY ADMINISTRATION SERVICES
WHEREAS, City of Salinas contracted with CorVel Enterprise Comp, Inc. (“CorVel”) in 2014 for third party adjusting services of workers’ compensation claims, upon the due diligence and recommendation by a City of Salinas Request for Proposal Evaluation Committee; and WHEREAS, CorVel continues to perform services well and to meet the City’s workers’ compensation claims adjusting needs; and
WHEREAS, the existing agreement, unless renewed, expires June 30, 2022, and to prevent expiration City staff and CorVel have negotiated, and CorVel has offered an extension of two years at the same rate as the expiring contract, $216,651.00, annually; and NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby awards a contract extension for workers’ compensation claims administration services to CorVel; and BE IT FURTHER RESOLVED that the City Manager is authorized to sign an agreement with CorVel to provide such services to the City.
PASSED AND APPROVED this 24th day of May 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-302, Version: 1
A Resolution Affirming Support of Reproductive Freedom
Approve a Resolution affirming the City of Salinas’s support of reproductive freedom.
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: MAY 24, 2022
DEPARTMENT: CITY ATTORNEY’S OFFICE
FROM: CHRISTOPHER A. CALLIHAN, CITY ATTORNEY
TITLE: RESOLUTION AFFIRMING SUPPORT OF REPRODUCTIVE
FREEDOM
RECOMMENDED MOTION:
A motion to approve a Resolution affirming the City of Salinas’s support of reproductive freedom.
RECOMMENDATION:
It is recommended that the City Council consider the Resolution.
BACKGROUND:
The proposed Resolution is brought forward to the City Council at the request of Council member González with the support of several other Council members, including Council members Rocha and Barrera.
On January 22, 1973, the United States Supreme Court announced its decision in Roe v. Wade (410 U.S. 959), a constitutional challenge to a Texas statute that criminalized the termination of a pregnancy unless a woman’s life was at stake. The case had been filed by “Jane Roe,” an unmarried woman who wanted to end her pregnancy safely and legally. Finding that Ms. Roe’s constitutional rights has been violated, the Court struck down the Texas law. In its decision, the Court recognized the constitutional right to privacy “…is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.” (Roe v. Wade (1973) 410 U.S. 113, 153.) Roe v. Wade has come to be known as the case that affirmed the constitutional right across the country for a woman to choose an abortion and have control over her own body. At the time the decision was handed down, may states outlawed abortion. This decision rendered those laws unconstitutional, making abortion services safer and more accessible to women across the country.
On September 9, 2021, the United States Department of Justice filed a lawsuit to prevent the State of Texas from enforcing Senate Bill 8, which went into effect on September 1, 2021. Senate Bill 8 is unusual in its structure and the manner in which it operates as a restriction on the right of a woman to determine whether or not to terminate her pregnancy. Instead of criminalizing an abortion after six-weeks, Senate Bill 8 deputizes private citizens to sue anyone who “aids or abets” Page | 2
the provision of such an abortion, with successful plaintiffs receiving a minimum of $10,000. The complaint seeks a declaratory judgment that Senate Bill 8 is invalid under the Supremacy Clause and the Fourteenth Amendment, is preempted by federal law, and violates the doctrine of intergovernmental immunity. The Department of Justice also seeks an order, preliminary or permanently, prohibiting the State of Texas, including its officers, employees, and agents, as well as private parties who would bring suit under the law, from implementing or enforcing Senate Bill
8. More states are expected to following Texas and restrict abortion access, forcing those with means to travel to states where abortion remains legal and forcing those without means to travel to make less safe decisions regarding the termination of their pregnancies.
The United States Supreme Court developed a draft majority opinion in this case that was leaked to the public in May 2022 and which spelled out an explicit intent to overturn Roe v. Wade and a related case, Planned Parenthood v. Casey, which would make abortion federally illegal.
CEQA CONSIDERATION:
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
STRATEGIC PLAN INITIATIVE:
This item relates to the City Council’s Strategic Goal of providing effective and culturally responsive government.
DEPARTMENTAL COORDINATION:
The City Attorney’s Office coordinated with Council member González on this Report and Resolution.
FISCAL AND SUSTAINABILITY IMPACT:
There are no fiscal impacts associated with the proposed Resolution.
ATTACHMENTS:
Resolution
Page | 3
RESOLUTION NO. (N.C.S.)
A RESOLUTION AFFIRMING THE CITY OF SALINAS’S SUPPORT OF
REPRODUCTIVE FREEDOM
WHEREAS, in 1972, the people of California amended Article I §1 of the California Constitution to make the right of privacy inalienable; and WHEREAS, the United States Supreme Court acknowledged in its 1973 decision in Roe v. Wade that the ability to make a private medical decision impacting one’s own reproductive health is a constitutionally protected right; and
WHEREAS, prior to 1973, women faced significant obstacles to safe reproductive health services, resulting in widespread loss of life and serious illness; and WHEREAS, the legalization of abortion in the United States led to safer practices and drastically reduced the incidences of material deaths and hospitalizations related to abortion; Roe v. Wade recognized women’s freedom of reproductive choice as essential to the lives, rights, health, and equality of women; and
WHEREAS, in 2002, California enacted the Reproductive Privacy Act, which prevents the State from interfering with the right to choose between carrying a pregnancy to term; and WHEREAS, in 2019, Governor Gavin Newsom issued the California Proclamation on Reproductive Freedom to educate Californians on their reproductive rights under the state constitution and laws an affirm California’s commitment to reproductive freedom; and WHEREAS, in August 2021 the United States Supreme Court failed to uphold the precedent set in Roe v. Wade and allowed Texas to enact Senate Bill 8 which operates to restrict women’s reproductive rights; and
WHEREAS, the right to safe, legal, and accessible abortion continues to be undermined by other states that have signaled they are going to enact similar laws threatening the health and safety of women’s lives, including the most marginalized women and women of color; and WHEREAS, the United States Supreme Court developed a draft majority opinion in support of Texas’s law that was leaked to the public in May 2022 which spelled out an explicit intent to overturn Roe v. Wade and Planned Parenthood v. Casey, which would make abortion federally illegal; and
WHEREAS, prohibitions on the right to freely exercise reproductive freedoms are harmful to public health and safety and are contrary to the values of the people of Salinas; and WHEREAS, such restrictions on the rights of women to make their own reproductive choices will force those with means to travel to states where abortion remains legal and will force Page | 4
those without means to travel to make less safe decisions regarding the termination of their pregnancies; and
WHEREAS, logistical barriers including, for example, travel costs and distance to clinics, lodging needs and costs, limited access to translation services, lost waged, and lack of paid time off for health care appointments can all delay or prohibit abortion care; and WHEREAS, passage of these laws disproportionately impacts women, undocumented people, young people, those living in rural areas where hospitals have closed, Black, Latinx, indigenous, and other people of color.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF SALINAS that the Salinas City Council affirms its commitment to the human rights afforded to all women under Roe v. Wade, regardless of socioeconomic, ethnic, racial, cultural, or religious background, age or sexual orientation, and to opposing any laws or regulations that pose a threat to reproductive freedom, reproductive rights, sexual freedom, and/or self-determination.
PASSED AND APPROVED this 24th day of May 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-304, Version: 1
Display of Commemorative Flag - Progress Pride Flag
Approve a Resolution authorizing the display of commemorative Progress Pride Flag at City Hall from June 1, 2022 thru June 30, 2022.
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: MAY 24, 2022
DEPARTMENT: ADMINISTRATION
FROM: PATRICIA M. BARAJAS, CITY CLERK
TITLE: DISPLAY OF COMMEMORATIVE FLAG – PROGRESS PRIDE
FLAG
RECOMMENDED MOTION:
A motion to approve a Resolution authorizing the display of commemorative Progress Pride Flag at City Hall from June 1, 2022, thru June 30, 2022.
RECOMMENDATION:
Consider approval of a Resolution authorizing the display of a commemorative Progress Pride Flag at City Hall from June 1, 2022, to June 30, 2022, in accordance with the City’s Administrative Memorandum 70-05.
EXECUTIVE SUMMARY:
The City of Salinas established Administrative Memorandum 70-05, Display of Federal, State, City and Ceremonial Flags at City Building on April 15, 1970. The Memorandum was updated in 1983, 2004 and 2021 to conform with Federal and State statues. The current policy requires approval of a Resolution of the City Council in order to display commemorative flags on City flagpoles. A request to display the Progress Pride Flag at City Hall was made by Councilmember Anthony Rocha and Mayor Kimbley Craig, and previously, it was displayed following a request by former Councilmember Scott Davis.
BACKGROUND:
The Stonewall Riots or Stonewall Rebellion in New York are considered the catalyst for the LGBTQ+ civil rights movement in the United States. The month of June is annually celebrated as LGBT Pride month to coincide with the anniversary of the Stonewall Riots. This is the second request the city has received to display a commemorative flag at a City facility. Administrative Memorandum 70-05 established clear guidelines on the display of commemorative flags at City Hall given First Amendment concerns. The Memorandum also states that City flagpoles are not intended to be a forum for free expression by the public. Display of the Progress Pride Flag at City Hall during the month of June must be considered and approved by Resolution of the City Council.
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CEQA CONSIDERATION:
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
STRATEGIC PLAN INITIATIVE:
Approval and display of a commemorative Progress Pride Flag supports the City Council’s Strategic Goal of Effective and Culturally Responsive Government by promoting diversity, equity and inclusion.
DEPARTMENTAL COORDINATION:
The display of the Progress Flag requires coordination with the Public Works, Administration and Finance Departments respectively. City Clerk worked with Facility Maintenance and Finance on the acquisition of appropriate flagpoles and flags to accommodate the display in accordance with the City’s policy. Additionally, there is ongoing coordination with the Community Relations Manager to promote and commemorate the raising of the flag on June 1, 2022.
FISCAL AND SUSTAINABILITY IMPACT:
Funds are appropriated and available within the FY 2021-22 Administration budget. Purchase of a new Progress Pride Flag will not result in additional fiscal impacts.
ATTACHMENTS:
Resolution
Flag Policy
Page | 3
RESOLUTION NO. (N.C.S.)
RESOLUTION AUTHORIZING THE DISPLAY OF A COMMEMORATIVE
PROGRESS PRIDE FLAG AT CITY HALL FROM JUNE 1, 2022, TO JUNE 30, 2022 WHEREAS, of Salinas established Administrative Memorandum 70-05, Display of Federal, State, City and Ceremonial Flags at City Building on April 15, 1970; and WHEREAS, the current Administrative Memorandum updated in 2021 requires approval of a Resolution of the City Council in order to display commemorative flags on City flagpoles; and
WHEREAS, the Salinas City Council wishes to commemorate the anniversary of the Stonewall Riots or Stonewall Rebellion which inspired the movement for Lesbian, Gay, Bisexual Transgender (LGBT) civil rights in the United States; and WHEREAS, the display of the Progress Pride Flag, serves to express the City’s official commemoration of this important event in U.S. History and its commitment to celebrating diversity.
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby authorizes and supports the display of the commemorative Progress Pride Flag on the City flagpole located in front of City Hall from June 1 to June 30, 2022 in accordance with Administrative Memorandum 70-05.
PASSED AND APPROVED this 24th day of May 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
______________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Memorandum
City of Salinus
Date: August 11,2021
To: DepartrnentDirectors
From: Steven s C^r"e^t41.r/
City Manager - Steven S. Carrigan
Assistant City Manager - Jim Pia
Eslefania Vargas
Public Works David Jacobs
Crissy English-While
Hang pham
Bren Godown
Community Development - Megan Hunter
Denise Ledezma
Maira Flores-Nunez
Liblary and Community Services - Krislan Lundquist
Trisha Meraz
Fire Chief Michele Vaughn
HumanResources MarinaHo(a-Gallegos
Finance MarI( Roberts
City Clerk Patricia Barajas
Elizaberh Soto
City Attomey's Office Christopher A. Callihan
Krystal Lazcano
Police - ChiefAdele Frese
Assistant Chief Rob€fl o Filice
ManhaGuizar
SUBJECT: ADMINISTRATIVEMEMORANDUMTO-05
DISPLAY OF FEDERAL, STATf,, CITY AND CEREMONIAL FLAGS AT CITY BUILDINGS Please find the attached Administrative Memorandum, which is now in force and is to be included in your department Administrative Memo Manual.
Ifyou have any questions regarding this policy, contact the Administration Department. cc: Airport
Administration
City Clerk
Community Development
Finance
Fire
Human Resources
City Attomey
Library and Community Services
Police
Public Works
Page l I
ADMINISI'RATIVE MEMORANDUM 70-05
(Updated 08/19/83)
(Updated 09/29104)
(Updated 08/l I /2021)
EFFECTIVE DATE: April 15. 1970
SUBJECT: DISPLAY OF FEDERAL, STATE, CITY AND CEREMONIAL
FLAGS AT CITY BUILDINGS
(Responsible Department - Administration)
The purpose of this memorandum is to establish official City policy for display of the Federal, State, City, and ceremonia[ or commemorative flags at various City buildings and to provide guidance for display ol flags.
It is mandatory upon all agencies and departments of the City of Salinas to pay proper respect to the United States colors and to render it the courtesies to which it is entitled.
The City's flagpoles are not intended to be a forum for free expression by the public. The City will not display a commemorative flag based on a request from a third party, nor will the City use its flagpoles to sponsor the expression of a third party.
PROCEDTJRE:
Flags shall be displayed in conformance with Federal and State statutes, including Title 4 Chapter I of the United States Code and Sections 430 through 439 of Califomia Govemment Code.
The Administration Department will notifi staff responsible for the lowering or raising of flags by email when a proclamation or order is issued, or the flag is to be raised or lowered for a designated period. City Departments are responsible for the display of flags at their respective buitdings and facilities.
The flag will be flown at City Hall, City buildings and specified City parks every day from 8:00 a.m. to 5:00 p.m. except during inclement weather. Illuminated flags may be displayed 24 hours a day.
A. POWMIA Flags
The Prisoner of War or Missing in Action (POWA4IA) flag, a nationally recognized flag by an act of Congress through the adoption of U.S. Public Law 101-355 to represent the "Nation's concem and commitment to resolving as fully as possible the fates of Americans still prisoner, missing and unaccounted for in Southeast Asia." Page | 2
PI,IRPOSE:
POLICY:
2. The POW,TN,IIA flag shall be displayed annually at City Hall on the following days; Armed Forces Day - 3'd Saturday in May
Memorial Day - Last Monday in May
Flag Day - June 14
Independence Day - July 4
National POW\{IA Recognition Day - 3'd Friday in September Veterans Day - November 1 I
B. City Flag
1. The City flag may be displayed or flown at a commercial or retail establishment within the city and is deemed permissible by the Salinas Municipal Code.
2. The City Manager and City Clerk may jointly authorize other uses upon finding of public purpose directly connected with official business of the city.
3. The City flag shall not be used for any political campaign or political activity.
C. CeremoniaVCommemorative Flags
l. Ceremonial or commemorative flags may be displayed as an expression of the City's official sentiments, consistent with the City's value.
2. Any such authorization shall be given at a duly noticed meeting at the request ofa member ofthe Council and by approval ofa resolution ofthe City Council.
3. Shall only be displayed on the flagpole located at City Hall for period that is reasonable or customary for the subject that is to be commemorated, but no longer than one month.
D. Display at Half-Staff
The United States flag shall be flown at half-staff on the following designated days in accordance with Federal law:
ll.
I t1.
IV
Peace Officer Memorial Day - May 15
Memorial Day - Last Monday in May
Patriot Day - September I 1
National Firefrghters Memorial Day - Designated day in October Pearl Harbor Remembrance Dav - December 7
Page I 3
2. The flags shall be flown at half-staff by order of the President of the United States or by the Govemor of the State of Califomia. On occasion, the City Manager of the City of Salinas, may direct the flag to be flown at half-staff.
3. The City of Salinas will lower the United States flag to half-staff in observance of the following occasions:
Upon the death of an active member of a Police Department or Fire Department who was killed in the line of duty, from the time of death until interment.
t1. Upon the death ofan active City employee killed in the line ol duty, from the time of death until interment.
ll1. Upon the death ofany present City ofSalinas elected official, from the time of death until interment.
E. Respect for Flag
1. When the national, State or POWMIA flags are in such condition (faded, tom, soiled, or frayed) that it is no longer a fitting emblem for display, it should be replaced with a new flag.
2. Unserviceable United States flags shall be retired and destroyed in a dignified way, preferably by buming and in accordance with the U.S. Flag Code.
3. Requisition ofnew flags shall be the responsibility ofeach department.