REQUEST FOR PROPOSALS PROCESS:
As noted above, the City issued an RfP for audit services on April 25, 2022. The City posted the RfP on its website and the California Society of Municipal Finance Officers (CSMFO) website.
Responses to the RfP were due by 4:00 pm on May 2, 2022.
The City received two responses to the RfP. The firms submitting proposals were:
▪ Badawi & Associates, Certified Public Accountants and ▪ The Pun Group, LLP.
City staff reviewed the proposals in strict accordance with the evaluation criteria set forth in the RfP, considering the following factors:
▪ quality and responsiveness of the proposal;
▪ relevant experience with similar engagements;
▪ demonstrated knowledge of the work/services required; ▪ staff qualifications and experience;
▪ proposed audit approach; and
▪ cost of services.
Staff interviewed and received a presentation from Badawi & Associates on May 11, 2022, and The Pun Group on May 12, 2022.
Based on a thorough evaluation of both proposals and firms, City staff selected The Pun Group to provide independent audit services to the City.
ABOUT THE PUN GROUP (FROM SUBMITTED PROPOSAL)
“The Pun Group, LLP, Certified Public Accountants and Business Advisors, founded in 2012, is a limited liability partnership. We are a full-service accounting firm that is comprised of forty-five professionals providing auditing, accounting, and advisory services to our clients. Our Governmental Division consists of forty full-time individuals. It’s comprised of seven (7) Partners, one (1) director, four (4) managers, one (1) Chief Operating Officer, two (2) Supervisors, four (4) Seniors, seventeen (17) Professional Staff, two (2) Word Processors, and two (2) Administrative Support Staff.
The Firm has become one of the “Top Accounting Firms” in Orange County according to the Orange County Business Journal and is also on the list of CalCPA Top 150 firms. The combination of our hands-on experience and practical knowledge exercised by our audit professionals makes the Firm unique in our field. Our technical expertise and thorough understanding of current regulations and issues—along with the Firm’s commitment to hard work, integrity, and teamwork in every engagement—enable us to help our clients succeed.
Our Partners’ Group—which includes Kenneth Pun, Frances Kuo, Coley Delaney, Vanessa Burke, John Georger Jr., and Gary Caporicci — provides auditing, accounting, and advisory services to numerous governmental entities throughout the United States. With more than two hundred years of combined experience in the industry, we have become a trusted
business partner and are well-respected as leaders in the industry in one of the fastest- growing firms. With nearly 100 government and not-for-profit audit clients, our Partners have a real passion for the industry and believe we are unmatched in our municipal experience. The firm also meets professional standards generally accepted in the United States of America and the standards applicable to financial audits contained in ‘Government Auditing Standards’ issued by the Comptroller General of the United States.
The Firm’s headquarters are located in Orange County, California, with four branches in San Diego, Walnut Creek/Sacramento (California), Las Vegas (Nevada), and Phoenix (Arizona).”
CEQA CONSIDERATION:
Not a Project. The City of Salinas has determined the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
STRATEGIC PLAN INITIATIVE:
Given the transparency associated with audits conducted by an independent firm of certified public accountants and The Pun Group’s experience in this area, adoption of the recommended resolution achieves the Council 2022-2025 Strategic Goal of Effective Government.
DEPARTMENTAL COORDINATION:
Department of Finance staff received general assistance with the RfP process from the City Attorney’s Office.
FISCAL AND SUSTAINABILITY IMPACT:
The Pun Group’s maximum all-inclusive fees for the first year of the agreement (i.e., for services for the fiscal year ending June 30, 2022) total $95,000. If the City exercises both optional years of the agreement (five total years), the total cost will not exceed $504,366. These fees do not include costs for additional services outside of the scope of services of the agreement.
Appropriation(s) for independent auditing services expenses for the first year of the agreement will be included in the proposed fiscal year 2023 budget.
ATTACHMENTS:
Professional Services Agreement – The Pun Group, LLP
Resolution
AGREEMENT
FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF SALINAS AND THE PUN
GROUP, LLP
CONTENTS
RECITALS ................................................................................................................................. 1 TERMS ....................................................................................................................................... 1
1. Scope of Services. ................................................................................................................ 1
2. Term; Completion Schedule. ............................................................................................... 1
3. Compensation. ..................................................................................................................... 1
4. Billing. ................................................................................................................................. 1
5. Meet & Confer. .................................................................................................................... 2
6. Additional Copies. ............................................................................................................... 2
7. Responsibility of Consultant. ............................................................................................... 2
8. Responsibility of City. ......................................................................................................... 2
9. Acceptance of Work Not a Release. .................................................................................... 3
10. Indemnification and Hold Harmless .................................................................................... 3
11. Insurance. ............................................................................................................................. 3
12. Access to Records. ............................................................................................................... 3
13. Non-Assignability. ............................................................................................................... 3
14. Changes to Scope of Work. ................................................................................................. 3
15. Ownership of Documents. ................................................................................................... 4
16. Termination. ......................................................................................................................... 4
17. Compliance with Laws, Rules, and Regulations. ................................................................ 5
18. Exhibits Incorporated. .......................................................................................................... 5
19. Independent Contractor. ....................................................................................................... 5
20. Integration and Entire Agreement. ....................................................................................... 5
21. Jurisdiction and Venue. ........................................................................................................ 5
22. Severability .......................................................................................................................... 5
23. Notices. ................................................................................................................................ 6
24. Nondiscrimination................................................................................................................ 6
25. Conflict of Interest. .............................................................................................................. 7
26. Headings. ............................................................................................................................. 7
27. Attorneys’ Fees .................................................................................................................... 7
28. Non-Exclusive Agreement. .................................................................................................. 7
29. Rights and Obligations Under Agreement. .......................................................................... 7
30. Licenses................................................................................................................................ 7
31. Counterparts. ........................................................................................................................ 7
32. Legal Representation. .......................................................................................................... 7
33. Joint Representation. ............................................................................................................ 8
34. Warranty of Authority.......................................................................................................... 8
35. No Waiver of Rights. ........................................................................................................... 8 Exhibit A – Insurance Requirements .......................................................................................... 9 Exhibit B – Scope of Services .................................................................................................. 12 Exhibit C – Fees ........................................................................................................................ 16
Form: Professional Service Agreement v. January 2021 Page 1 of 17 The Pun Group, LLP
June 2022
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND THE PUN GROUP, LLP
This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 15th day of June 2022, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and The Pun Group, LLP, a California limited liability partnership (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 Services. 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 June 15, 2022. The duration of this Agreement is for the period of June 15, 2022 through June 30, 2025, corresponding to audit services provided for fiscal years ending June 30, 2022 to June 30, 2024, 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 upon the same terms and conditions for two (2) additional one (1) year terms and may be terminated only pursuant to the terms of this Agreement.
3. Compensation. City hereby agrees to pay Consultant for services rendered to the City pursuant to this Agreement according to the rates of compensation as set forth in Exhibit C. The total cost for all work described in Exhibit B shall not exceed amounts set forth in Exhibit C.
The compensation for Consultant’s work shall not exceed the rates set forth in Exhibit C.
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, as applicable, 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; and
(D) Consultant’s signature.
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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 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 Consultant possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide 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) The Director of Finance, or his designee, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall have the complete
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June 2022
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 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 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 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 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 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 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 changes.
Execution of the amendment by City and Consultant shall constitute Consultant’s notice to proceed with the changed scope.
Form: Professional Service Agreement v. January 2021 Page 4 of 17 The Pun Group, LLP
June 2022
15. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on 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 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 Consultant.
16. Termination.
(A) City shall have the authority to terminate this Agreement, upon sixty-days’ written notice to Consultant, as follows:
(1) If, in City’s opinion, the conduct of Consultant is such that the interest of 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 Consultant’s rates shown in Exhibit C and/or Section 3 of this Agreement, except that:
(1) In the event of termination by 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 City in connection with 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
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services rendered to the date of termination upon Consultant’s delivery to 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 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 City. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or servant of 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.
Form: Professional Service Agreement v. January 2021 Page 6 of 17 The Pun Group, LLP
June 2022
23. Notices.
(A) Written notices to City hereunder shall, until further notice by City, be addressed to:
Director of Finance
City of Salinas
City Hall
200 Lincoln Avenue
Salinas, California 93901
With a copy to:
City Attorney
City of Salinas
City Hall
200 Lincoln Avenue
Salinas, California 93901
(B) Written notices to Consultant shall, until further notice by Consultant, be addressed to:
Kenneth H. Pun, CPA, CGMA
Managing Partner
The Pun Group, LLP
200 East Sandpointe Avenue, Suite 600
Santa Ana, CA 92707
[email protected]
949-777-8850 (Fax)
(C) The execution of any such notices by the Director of Finance 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 Director of Finance 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.
Form: Professional Service Agreement v. January 2021 Page 7 of 17 The Pun Group, LLP
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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.
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.
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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 the right to compel enforcement of such provision or any other provision. A waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written above.
CITY OF SALINAS
____________________________
Steve Carrigan
City Manager
APPROVED AS TO FORM:
_________________________
□ Christopher A. Callihan, City Attorney, or
□ Rhonda Combs, Assistant City Attorney
CONSULTANT
___________________________________
By (Printed Name): ___________________
Its (Title): ___________________________
Form: Professional Service Agreement v. January 2021 Page 9 of 17 The Pun Group, LLP
June 2022
Exhibit A – Insurance Requirements
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 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 Consult ant 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 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 Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to 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 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 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).
Form: Professional Service Agreement v. January 2021 Page 10 of 17 The Pun Group, LLP
June 2022
Primary Coverage
For any claims related to this Agreement or the project described within this Agreement, Consultant’s insurance coverage shall be primary coverage at least as broad as ISO Form CG 20 01 04 13 as respects City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be in excess of 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 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 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 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 Consultant, its employees, agents, and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared by Consultant to and approved by City. At the option of City, Consultant shall provide coverage to reduce or eliminate such self-insured retentions as respects City, its officers, officials, employees, and volunteers; or the consultant shall provide evidence satisfactory to 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 AM Best’s rating of no less than A:VII, unless otherwise acceptable to City.
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 Dat e prior to the Agreement effective date, 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 City for review.
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Verification of Coverage
Consultant shall furnish 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 City before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. The 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 Consultant may carry, at its own expense, such additional insurance as it deems necessary.
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June 2022
Exhibit B – Scope of Services
Audit services may include, but are not limited to:
Financial Statement Audits and issuance of an opinion statement on the Annual Comprehensive Financial Report of the City of Salinas. The audit will be conducted in accordance with Generally Accepted Government Auditing Standards. The report will be in full compliance with all current GASB pronouncements.
Consultant will assist in meeting the requirements for the Government Finance Officers Association (GFOA) “Certificate of Achievement for Excellence in Financial Reporting.” If needed, prepare a Single Audit Report which will include the following:
▫ report on compliance and on internal control over financial reporting based on an audit of financial statements performed in accordance with Government Auditing Standards;
▫ report on compliance with requirements applicable to each major program, internal control over compliance, and on the schedule of expenditures of federal awards in accordance with Uniform Guidance, “Audits of State and Local Governments,” and the Single Audit Act of 1984 (Public Law 98-502); ▫ Schedule of Expenditures of Federal Awards;
▫ Notes to Schedule of Expenditures of Federal Awards;
▫ Schedule of Findings and Questioned Costs;
▫ any other required schedules or reports;
▫ preparation of the Data Collection Form for Reporting on Audits of States, Local Governments, and Non-Profit Organizations.
Test compliance with Proposition 111, Article XIII.B – Review of Appropriation Limit Calculations (Gann Limit).
Prepare financial and compliance audit of the Successor Agency to the Community Development Commission as the Salinas Redevelopment Agency (“Successor Agency). Prepare separate audits of the financial statements of the City of Salinas’ Transportation Safety and Investment Plan Account Fund and the related types of compliance requirements described in the Transportation Agency for Monterey County's (TAMC) Ordinance No. 2016-01 and in the Measure X Master Programs Funding Agreement (the Agreement) between TAMC and the City of Salinas, as of and for the year ended June
30. Consultant will issue a separate “management letter” that includes recommendations for improvements in internal control, accounting procedures, and other significant observations that are considered to be non-reportable conditions. Management letters will be addressed to the City Manager.
Consultant will issue Form SF-SAC, Data Collections Form for Reporting of Audits of States, Local Governments, and Non-Profit Organizations. Consultant will assist in preparing pension reconciliations and adjustments, other post- employment benefits (OPEB) plan reconciliations and adjustments, GASB 34 conversion
Form: Professional Service Agreement v. January 2021 Page 13 of 17 The Pun Group, LLP
June 2022
and reconciliation, schedule of expenditures of federal awards and related notes, and filing of the data collection form.
Additional Services:
Consultant will compile the Annual State Controller’s Report for City. Consultant will serve as a resource and provide training to professional accounting staff on the preparation of financial statements and best practices in conformance with applicable.
Consultant will perform the following special requirements:
Budget Consultant will examine the final budget document as approved by the City Council and compare the estimated revenues and appropriations as shown in the budget document with the entries recorded on the revenue ledger and the appropriation ledger maintained by the Department of Finance.
Funds Consultant will examine City ordinances or resolutions and minutes of meetings of the City Council pertaining to all funds of City to determine the purpose of each fund and the proper disposition of all funds’ revenues, expenditures, and year-end balances. Consultant will also examine the various fund transactions and balances in each fund and prepare the appropriate financial statements for the audit report.
Verification of
Cash and Securities
Cash & Checks: Consultant will count all cash and checks in the Department of Finance as of June 30. Consultant will subsequently be satisfied that all items counted and verified are deposited in City’s depository bank. Investment securities owned by City and held in safekeeping by City’s various banks and financial institutions will be verified as to their existence as of June 30. Written confirmation will be obtained from all City depositories of balance on hand on June 30.
Collateral Pledged for Funds on Deposit: Consultant will examine the records of pledged collateral and make such tests of depository bank pooled collateral operations as may be necessary to express an opinion as to the legal sufficiency of the collateral to safeguard City’s bank deposits.
Accounting Records: Consultant will examine City’s internal accounting and administrative controls to determine that accounting procedures are adequate to safeguard assets and provide reasonable assurance of proper recording of financial transactions.
Assets Cash and Investments: Treasury and investment operations are the responsibility of the Department of Finance. Consultant will verify the cash balances and the existence of the investments. The investments market value will be reviewed and compared to book value. Consultant will review balances as of June 30 and investments earnings recorded during the fiscal year. The footnote disclosure will be in compliance with the applicable GASB statement(s).
Form: Professional Service Agreement v. January 2021 Page 14 of 17 The Pun Group, LLP
June 2022
Fixed Assets: Consultant will examine the procedures for recording the acquisition of and the disposal of property owned by City. Consultant will compare the annual inventories of property with the controls maintained by the Department of Finance. Consultant will review the transactions involving fixed assets to the extent necessary to ensure that accountability for fixed assets is maintained.
Liabilities Accounts Payable: Consultant will make a sufficient examination of accounts payable to enable it to determine that, in general, they bear evidence of verification and approval with supporting documents such as purchase orders, vendor's invoices, receiving reports, transportation bills, contracts and other documents where necessary. Consultant will also be satisfied that the claims were charged against the proper departmental appropriations and that funds were available at the date the purchase was made.
Bonded Debt: Consultant will examine the amount of bonded debt of City, and the outstanding debt determined by Consultant will be reconciled to the accounting records of City by fund and amount outstanding as of June 30.
Other Liabilities and Deferred Credits: Consultant will be satisfied with the fairness of the accounts representing other liabilities and deferred credits.
Fund Balances Consultant will examine revenues and expenditures by funds and analyze the changes in fund balances for the financial statement of each fund in the audit report.
Single Audit Act Consultant will perform a financial and compliance audit under the Single Audit Act of 1996 and in accordance with Uniform Guidance.
The Single Audit Report will include the schedule of expenditures of federal awards, footnotes, findings, and questioned costs, including reportable conditions and material weaknesses, and follow up on prior year audit findings, if applicable. The Single Audit Report is not to be included in the ACFR but is to be issued separately.
Provided By Client (PBC) Lists: Consultant will provide PBC lists for both interim and final audits according to an agreed-upon timeline between the engagement team and City in order to be reasonably prepared for a field audit. The engagement team will meet with City’s management during the initial planning stage to discuss audit schedules and review the prior year's audit findings (if any). We will deliver a list of all documents to be provided by City’s staff. Once such materials are agreed upon by the engagement team and City’s finance personnel, no other schedules will be requested unless new information comes to light in the course of test work.
Attendance at Meetings and Hearings: The engagement team will participate in as many meetings with staff as needed to perform the work scope tasks, present the audit plan prior to beginning fieldwork, and discuss the draft audit reports. The team will attend public meetings to present and discuss its findings and recommendations. Once all issues of discussion are
Form: Professional Service Agreement v. January 2021 Page 15 of 17 The Pun Group, LLP
June 2022
resolved, the completed Financial Reports, Single Audit report (if applicable), and other reports will be delivered to City according to the agreed-upon schedule.
Proposed Audit Adjustments: All proposed adjusting journal entries by Consultant will be discussed and explained in a timely manner with the designated Department of Finance personnel. Such proposed adjustments will be in a format that shows the lowest level of posting detail needed for data entry in the general ledger systems.
Supplemental Reports, Audits, or Agreed-Upon Procedures: Other services, such as agreed-upon procedures, may be deemed necessary. These services will be performed at agreed-upon rates and will be added in a written agreement before commencing audit work. Consultant and the City of Salinas will discuss and approve the scope and associated costs of these tasks.
Advice and Consultation: Will be provided throughout the year on matters relating to accounting and financial reporting. Such services do not include any task that entails significant research or a formal report.
GASB Implementation: Consultant will provide technical assistance and training in the implementation of applicable GASB pronouncements not yet in effect. A dedicated partner will be responsible for providing advice and consultation for the implementation of these new standards. Consultant will advise City on the applicability of accounting and reporting standards and other accounting issues and provide guidance on new note disclosures, GASB implementations, and other reporting requirements. We will also provide training, resources, and information on topics relevant to City’s financial reporting and operations. (Depending upon the scope, additional charges may apply.)
Report of all Irregularities and Illegal Acts: Consultant will make an immediate written report of all irregularities and illegal acts or indications of illegal actions of which we may become aware to the City Council, City Manager, City Attorney, and the Director of Finance.
Working Paper Retention and Access to Working Papers: Consultant will retain, at its own expense, all working papers and reports for a minimum of seven (7) years unless the City of Salinas notifies Consultant in writing of the need to extend the retention period. Consultant will make working papers available to City or any government agencies included in the audit of federal grants.
City of Salinas;
United States Department of Housing and Urban Development (HUD); United States General Accounting Office;
State of California, Office of the State Controller
parties designated by the federal or state governments or by City as part of an audit quality review process; and
auditors of entities of which City is a sub-recipient of grant funds.
Additionally, Consultant will comply with reasonable requests from successor auditors and allow them to review working papers that relate to matters of continuing accounting significance.
Form: Professional Service Agreement v. January 2021 Page 16 of 17 The Pun Group, LLP
June 2022
Exhibit C – Fees
Auditing Services
Consultant’s all-inclusive maximum fees are as follows:
Additional Professional Services
Supplemental reports, audits, or agreed -upon procedures not covered by this proposal may be added to a written agreement prior to commencing audit work. Consultant and City will discuss and approve the scope and associated costs of these services. Such additional work will be performed at the hourly rates below.
Hourly Billing Rates
Partners $275
Managers $200
Senior Accountants $150
Staff Accountants $125
Clerical $ 75
Additional Professional Services
Consultant will bill City at the rates outlined in the Auditing Services section in four stages:
1. at conclusion of the planning phase;
2. at conclusion of the interim phase;
3. at conclusion of the year-end phase;
4. after presentation and acceptance of the final audit reports.
Interim billings will cover periods of not less than a calendar month.
FY 22 FY 23 FY 24
FY 25
Optional
FY26
Optional
City Audit and Related Reports $63,000 $64,890 $66,836 $68,841 $70,906 Single Audit 10,000 10,300 10,609 10,927 11,255
Gann Limit Review 500 515 530 546 563
Successor Agency 8,500 8,755 9,018 9,288 9,567
Transportation Safety and Investment
Plan Account Fund
10,000 10,300 10,609 10,927 11,255
State Controller’s Report – City 3,000 3,090 3,183 3,278 3,377 Total $95,000 $97,850 $100,785 $103,808 $106,923
Form: Professional Service Agreement v. January 2021 Page 17 of 17 The Pun Group, LLP
June 2022
Billing amounts are as follows:
% of Proposal Amount
Planning 10%
Interim 40%
Fieldwork 40%
Presentation and Acceptance of Reports 10%
Expenses (Out-of-Pocket)
Out-of-pocket expenses, including, but not limited to, those for travel, data resources, photocopying, and postage/delivery, will be borne by Consultant.
Consultant’s partners will be available to provide advice and consultation as necessary to City.
City will not be billed for these services.
1 RESOLUTION NO. (N.C.S.)
A RESOLUTION APPROVING THE PUN GROUP AS THE CITY’S AUDITOR AND
AUTHORIZE THE MAYOR OR DESIGNEE TO SIGN A PROFESSIONAL SERVICES
AGREEMENT WITH THE PUN GROUP
WHEREAS, on March 4, 2022, the City of Salinas and its previous independent auditor mutually agreed to end their independent auditing services agreement following the conclusion of the audit for the fiscal year ending June 30, 2021;
WHEREAS, on April 25, 2022, the City issued a request for proposal s (“RfP”) for independent auditing services to which two firms responded, including The Pun Group, LLP (“The Pun Group”);
WHEREAS, based upon a thorough evaluation of both firms ’ proposals, presentations, and interviews, City staff recommends The Pun Group to provide independent audit ing services to the City;
WHEREAS, The Pun Group is qualified by ability and experience to perform the services desired by the City and is willing to perform such services for the fiscal years ending June 30, 2022 to June 30, 2024 with the option to extend the Agreement for the two subsequent fiscal years; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of Salinas that the Mayor is authorized to execute an Agreement with The Pun Group, LLP for independent auditing services for the fiscal years ending June 30, 2022 to June 30, 2024 with the option to extend the Agreement for the two subsequent fiscal years.
PASSED AND APPROVED this 14th day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
______________________________
Kimbley Craig, Mayor
2 ATTEST:
_________________________
Patricia M. Barajas, City Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-322, Version: 1
Professional Services Agreement with E2 Consulting Engineers Approve a Resolution approving a Professional Services Agreement in the amount of $1,841,240 between the City of Salinas and E2 Consulting Engineers for the Salinas Project to Enhance Regional Stormwater Supply and the Salinas Integrated Regional Water Management (IRWM) Grant; and accept both the Salinas Project to Enhance Regional Stormwater Supply and the Salinas IRWM Grants funds.
City of Salinas Printed on 6/9/2022Page 1 of 1
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: JUNE 14, 2022
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, DIRECTOR
BY: BRIAN FRUS, SENIOR ENGINEER
TITLE: PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SALINAS AND E2 CONSULTING ENGINEERS FOR THE
SALINAS PROJECT TO ENHANCE REGIONAL STORMWATER
SUPPLY AND THE SALINAS IRWM GRANT
RECOMMENDED MOTION:
A motion to approve a Resolution:
1) approving a Professional Services Agreement in the amount of $1,841,240 between the City of Salinas and E2 Consulting Engineers for the Salinas Project to Enhance Regional Stormwater Supply and the Salinas Integrated Regional Water Management (IRWM) Grant; 2) authorize an interfund loan of $1,661,100 from the General Fund to the Industrial Waste Fund to finance the Salinas Project to Enhance Regional Stormwater Supply; 3) authorize a transfer of $1,661,100 from the Industrial Waste Fund to the Capital Projects Fund for the Salinas Project to Enhance Regional Stormwater Supply; 4) authorize a transfer of $1,135,692 from CIP 9794 to CIP 9321 for the Salinas IRWM Grant; 5) authorize creation of and an appropriation to a dedicated CIP for the Salinas Project to Enhance Regional Stormwater Supply in the amount of $1,661,100 and 6) accept both the Salinas Project to Enhance Regional Stormwater Supply and the Salinas IRWM Grants funds.
RECOMMENDATION:
It is recommended that the City Council approve a Resolution 1) approving a Professional Services Agreement in the amount of $1,841,240 between the City of Salinas and E2 Consulting Engineers for the Salinas Project to Enhance Regional Stormwater Supply and the Salinas IRWM Grant; 2) authorize an interfund loan of $1,661,100 from the General Fund to the Industrial Waste Fund to finance the Salinas Project to Enhance Regional Stormwater Supply ; 3) authorize a transfer of $1,661,100 from the Industrial Waste Fund to the Capital Projects Fund for the Salinas Project to Page | 2
Enhance Regional Stormwater Supply; 4) authorize a transfer of $1,135,692 from CIP 9794 to CIP 9321 for the Salinas IRWM Grant; 5) authorize creation of and an appropriation to a dedicated CIP for the Salinas Project to Enhance Regional Stormwater Supply in the amount of $1,661,100 and 6) accepting both the Salinas Project to Enhance Regional Stormwater Supply and the Salinas IRWM Grants funds.
BACKGROUND:
The City owns and operates an Industrial Wastewater Collection and Conveyance System (IWCCS) that processes industrial wastewater from agricultural-related businesses operating in the City. The main trunk line for the IWCCS, which collects discharges from these industries , passes through the Treatment Plant No 1 (TP1) sit e before disposal at the Industrial Wastewater Treatment Facility (IWTF). Also, all flows for the City Sanitary Sewer System are conveyed to the TP1 site where the Monterey One Water (M1W) Salinas Area Pump Station is located.
Similarly, a portion of the C ity’s Storm Water Collection System which drains into the Salinas River Outfall, also traverses the TP1 site.
The City and M1W, recognized the opportunities presented by the proximity of these independent infrastructure systems, and have collaborated to i nstall permanent facilities to divert industrial wastewater to the M1W Regional Treatment Plant via the Salinas Area Pump Station. In 2015, M1W in coordination with the City, received $10 million under Round 1 of the State Water Resources Control Board (St ate Board) Proposition 1 Storm Water Grant Program (SWGP) to enable diversion, storage, and reuse of storm water and dry weather urban flows by utilizing infrastructure at the TP1 and IWTF locations. Implementation work for the Round 1 Grant work was completed in December 2020 and a final report has been submitted.
Proposition 1 Round 2 Grant
In 2020, the City, with assistance from M1W staff, applied for an additional storm water implementation grant through Round 2 of the same program for the Salinas Project to Enhance Regional Stormwater Supply (SPERSS). The City was notified in February 2021 that it will receive a Proposition 1 Grant of $6.3M to further enhance the City’s stormwater capture, storage, and conveyance infrastructure at the same TP1 and IWTF sites. City staff in collaboration with M1W, requested that the State reassess the award amount based on changes to the local cost share proposal in the grant application. At the staff level, the State has indicated that the grant award amount will increase from $6,263,327 to $8,799,154 based on the availability of qualifying local cost match funds spent by M1W on the construction of the Pure Water Monterey Advanced Water Purification Facility (AWPF). As requested by the State Board, City and M1W staf f provided information to demonstrate that storm water will be used to meet influent needs of the AWPF. The grant agreement is currently under review for signature by the State, however the City has been informed that eligible design work may commence and is reimbursable under the agreement.
Council authorized the City Manager to execute the agreement on behalf of the City on March 30, 2021.
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Components of the grant include:
Modifications to the existing influent pump station (IPS) at the IWTF A new IPS at the IWTF
A Trash Capture Unit and Vault Structure
Segregated Stormwater conveyance using existing infrastructure IRWM Grant
In addition to the Round 2 Grant, the City of Salinas in coordination with M1W, and the Central Coast Wetlands Group (CCWG) secured a grant for $1.13 million from the Proposition 1 California Department of Water Resources (DWR) Integrated Regional Water Management (IRWM) Program (Salinas IRWM Grant). The related Disbursement Agreements with the Monterey County Water Resources Agency (MCWRA), M1W and San Jose State University Research Foundation on behalf of CCWG were approved by Council in February 2021. The Salinas IRWM Grant is to be locally administered by the MCWRA with the City as the Su b- Grantee. The Salinas IRWM Grant components will include a treatment wetland pilot study , an assessment for cost-effective phosphate removal, a condition investigation of an abandoned City pipeline to more efficiently convey and recycle stormwater, and to protect electrical components from flooding at the City -owned Industrial Wastewater Treatment Facility (IWTF) . For this last component, City’s portion is $180,140 of the $1.13M total . The award also requires a match for Salinas’s portion of $955,552 which was erroneously omitted from the February 2021 Council report.
Design for these two grant projects was separated into the following scopes of work:
1) Modifications to the existing IPS at the IWTF, 2) New IPS at the IWTF, 3) Flood protection of electrical components at the IWTF and 4) the Trash Capture Unit and the Segregated Stormwater conveyance. These were issued under two separate requests for proposals (RFP s) for interested consulting firms.
The RFP for design of modifications to the existing IPS, the new IPS and Flood protection at the IWTF (Items 1, 2 and 3) was advertised on the “PlanetBids” website July 2, 2022, and submittals were received from only one firm, E2 Consulting Engineers, Inc. on July 27, 2021.
The RFP for the design of the Trash Capture Unit and the Segregated Stormwater conveyance (Item 4) was advertised on the “PlanetBids” website August 23, 2021 and submittals were received from two firms on September 17, 2021.
The firms submitting qualification/proposal statements were:
E2 Consulting Engineers, Inc.
Harris and Associates, Inc.
The submittals were reviewed based on the following selection criteria listed in the RFP document:
1) Understanding of Scope of Work to be Done
2) Experience with Similar Kinds of Work
3) Quality of Staff for Work to be Done
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4) Capability of Developing Innovative or Advanced Techniques 5) Demonstrated Technical Ability
Based on these criteria, the review panel comprising of three City staff selected E2 as the top firm.
E2’s proposed total compensation for these services is:
New IPS $658,162
Modifications to existing IPS $488,140
Flood protection $149,205
Trash Capture $233,428
Segregated Stormwater Diversion $312,305
Total $1,841,240
CEQA CONSIDERATION:
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 environm ent, 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:
The proposed project and agreement meet the City Council’ s Strategic Plan Initiatives of Investment Strategies/Risk Management, and Operational Efficiencies.
DEPARTMENTAL COORDINATION:
This project will rely on coordination between the Water, Waste and Energy (WWE) and Wastewater divisions in Public Works. WWE will oversee the overall execution of the project, while coordinating the implementation work with Wastewater and ongoing field operations.
FISCAL AND SUSTAINABILITY IMPACT:
The total estimated cost for the scope of work contained in the Professional Services Agreement is $1,841,240. In addition, there are $955,552 in match funds which will need to be set aside . A Page | 5
total of $1,841,240 will be transferred and held in reserve in two CIPs one dedicated to the Salinas Project to Enhance Regional Stormwater Supply and one for the Salinas IRWM Grant both of which shall include professional services and implementation.
For the Salinas Project to Enhance Regional Stormwater Supply initial funding for the project in the sum of $1,661,100 will come from the Industrial Waste Fund via an interfund loan from the General Fund and held in a dedicated CIP account established for the project until such time as the funds are reimbursed by the State on a revolving basis.
For the Salinas IRWM Grant initial funding for the project will require a transfer of $1,135,692 from CIP 9794 to CIP 9321 previously established for the project. The total includes $955,552 in City match funds along with $180,140 which is eligible for reimbursement by the State. CIP 9794 is funded by the Industrial Waste enterprise fund.
ATTACHMENTS:
Resolution
Professional Services Agreement City of Salinas and E2 Consulting Engineers for the Salinas Project to Enhance Regional Stormwater Supply and the Salinas IRWM Grant
RESOLUTION NO. _______(N.C.S.)
A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SALINAS AND E2 CONSULTING ENGINEERS FOR THE
SALINAS PROJECT TO ENHANCE REGIONAL STORMWATER SUPPLY AND THE
SALINAS IRWM GRANT
WHEREAS, the City of Salinas has been awarded two grants for improvements at the Industrial Waste Treatment Facility, namely the Salinas Project to Enhance Regional Stormwater Supply and the Salinas Integrated Regional Water Management grants; and
WHEREAS, on July 2, 2021 and on August 23, 2021, Requests for Proposals (RFPs) for related design work was advertised on the “PlanetBids” web site; and
WHEREAS, in the first case submittals were received from only one firm and in the second case two firms and the submitt als were reviewed based on the selection criteria listed in the RFP document; and
WHEREAS, the review panel comprising of three City staff selected E2 Consulting Engineers as the top-ranked firm; and
WHEREAS, a Professional Services Agreement was successfully negotiated, and secured with said top-ranked firm.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALINAS, that agreement between the City of Salinas and E2 Consulting Engineers, Inc. to provide professional services related to the Salinas Project to Enhance Regional Stormwater Supply and the Salinas IRWM Grant projects in the amount of $1,841,240 is hereby approved; and
BE IT FURTHER RESOLVED that the City Council approves an interfund loan of $1,661,100 from the General Fund to th e Industrial Waste Fund to finance the Salinas Project to Enhance Regional Stormwater Supply; and
BE IT FURTHER RESOLVED that the City Council approves a transfer of $1,661,100 from the Industrial Waste Fund to the Capital Projects Fund for the Salinas Project to Enhance Regional Stormwater Supply Project; and
BE IT FURTHER RESOLVED that the City Council authorizes creation of and an appropriation to a dedicated CIP for the Salinas Project to Enhance Regional Stormwater Supply Project in the same amount of $1,661,100; and
BE IT FURTHER RESOLVED that the City Council approves a transfer of transfer of $1,135,692 from CIP 9794 to CIP 9321 for the Salinas IRWM Grant Project; and
BE IT FURTHER RESOLVED that the City Council accepts both the Salinas Project to Enhance Regional Stormwater Supply and the Salinas IRWM Grants funds; and
BE IT FURTHER RESOLVED that the Mayor of Salinas is hereby authorized and directed, for and on behalf of the City of Salinas, and as its act and deed, to execute the attached Agreement for Professional Services between the City of Salinas, a Charter City, and E2 Consulting Engineers, Inc., a California Corporation.
PASSED AND APPROVED this 14th day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_______________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
AGREEMENT
FOR PROFESSIONAL SERVICES FOR
ENVIRONMENTAL CONSULTANTS/
CONTRACTORS BETWEEN
THE CITY OF SALINAS AND E2
CONSULTING ENGINEERS, INC
Contents
RECITALS ................................................................................................................................. 1 TERMS ....................................................................................................................................... 1
1. Scope of Service. ................................................................................................................. 1
2. Term; Completion Schedule. ............................................................................................... 1
3. Compensation ...................................................................................................................... 1
4. Billing .................................................................................................................................. 1
5. Meet and Confer. ................................................................................................................. 2
6. Additional Copies. ............................................................................................................... 2
7. Responsibility of Consultant. ............................................................................................... 2
8. Responsibility of City. ......................................................................................................... 2
9. Acceptance of Work Not a Release. .................................................................................... 3
10. Indemnification and Hold Harmless. ................................................................................... 3
11. Insurance. ............................................................................................................................. 3
12. Access to Records. ............................................................................................................... 3
13. Assignment. ......................................................................................................................... 3
14. Changes to Scope of Work. ................................................................................................. 3
15. Ownership of Documents. ................................................................................................... 4
16. Termination. ......................................................................................................................... 4
17. Compliance with Laws, Rules, and Regulations. ................................................................ 5
18. Exhibits Incorporated. .......................................................................................................... 5
19. Independent Contractor. ....................................................................................................... 5
20. Integration and Agreement. ................................................................................................. 5
21. Jurisdiction. .......................................................................................................................... 5
22. Severability. ......................................................................................................................... 5
23. Notices. ................................................................................................................................ 5
24. Nondiscrimination................................................................................................................ 6
25. Conflict of Interest. .............................................................................................................. 6
26. Headings. ............................................................................................................................. 7
27. Attorneys’ Fees .................................................................................................................... 7
28. Non-Exclusive Agreement. .................................................................................................. 7
29. Rights and Obligations Under Agreement. .......................................................................... 7
30. Licenses................................................................................................................................ 7
31. Counterparts. ........................................................................................................................ 7
32. Legal Representation. .......................................................................................................... 7
33. Joint Representation. ............................................................................................................ 7
34. Warranty of Authority.......................................................................................................... 7
35. No Waiver of Rights. ........................................................................................................... 8 Exhibit A- Insurance Requirements for Environmental Contractors and/or Consultants .......... 9 Exhibit B- Scope of Service ..................................................................................................... 12
Enviro. Prof. Services Agreement v. January 2021 Page 1 of 12 E2 Consulting Engineers, Inc. – Prop 1 Round 2 Grant
June 2022
AGREEMENT FOR PROFESSIONAL SERVICES FOR ENVIRONMENTAL
CONSULTANTS/CONTRACTORS BETWEEN
THE CITY OF SALINAS AND E2 CONSULTING ENGINEERS INC
This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 14th day of June, 2022, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and E2 Consulting Engineers, Inc., a California corporation, (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 June 14, 2022, and shall terminate on June 13, 2025, 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 set forth in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed one million eight hundred forty-one thousand two hundred forty dollars ($1,841,240).
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
Enviro. Prof. Services Agreement v. January 2021
E2 Consulting Engineers, Inc. – Prop 1 Round 2 Grant
June 2022
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 and 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) Steve Carrigan, City Manager, or his designee, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall have the
Enviro. Prof. Services Agreement v. January 2021
E2 Consulting Engineers, Inc. – Prop 1 Round 2 Grant
June 2022
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 agrees to indemnify, including the cost to defend, City and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City; and does not apply to any passive negligence of the City unless caused at least in part by the Design Professional.
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. Assignment. 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. Rate of compensation shall be based upon the Consultant’s rates shown in Exhibit B of this
Enviro. Prof. Services Agreement v. January 2021
E2 Consulting Engineers, Inc. – Prop 1 Round 2 Grant
June 2022
Agreement. 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 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 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
Enviro. Prof. Services Agreement v. January 2021
E2 Consulting Engineers, Inc. – Prop 1 Round 2 Grant
June 2022
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 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. This Agreement shall be administered and interpreted under the laws of the State of California. 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:
Enviro. Prof. Services Agreement v. January 2021
E2 Consulting Engineers, Inc. – Prop 1 Round 2 Grant
June 2022
City Manager
City of Salinas
200 Lincoln Avenue
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:
E2 Consulting Engineers, Inc.
2100 Powell Street, Suite 850
Emeryville, CA 94608
(510) 652-1164
(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
Enviro. Prof. Services Agreement v. January 2021
E2 Consulting Engineers, Inc. – Prop 1 Round 2 Grant
June 2022
Consultant as the result of Consultant’s performance of the work or services pursuant to the terms of this Agreement.
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 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.
Enviro. Prof. Services Agreement v. January 2021
E2 Consulting Engineers, Inc. – Prop 1 Round 2 Grant
June 2022
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 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
__________________________________
Steve Carrigan
City Manager
APPROVED AS TO FORM:
_________________________________
□ Christopher A. Callihan, City Attorney or
□ Rhonda Combs, Assistant City Attorney
CONSULTANT
___________________________________
By Vinod Badani, PE
Its Vice President
5-31-2022
Enviro. Prof. Services Agreement v. January 2021
E2 Consulting Engineers, Inc. – Prop 1 Round 2 Grant
June 2022
Exhibit A- Insurance Requirements for Environmental Contractors and/or Consultants
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, Errors & Omissions, Contractor’s Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after Contract completion.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & 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.
2. Automobile Liability: ISO Form CA 0001 covering any auto (Code 1), or if Consultant has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
4. Contractor’s Pollution Liability (“PLL”) and/or Asbestos Pollution Liability and/or Errors & Omissions: Insurance applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $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.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, the 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 administration, 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.
Enviro. Prof. Services Agreement v. January 2021
E2 Consulting Engineers, Inc. – Prop 1 Round 2 Grant
June 2022
Other Insurance Provisions
A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Forms 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).
2. For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Salinas, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Consultant pursuant to the contract. This coverage may also be provided on the Contractor’s PLL policy.
C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:
1. The retroactive date must be shown, and must be before the date of the contract or the beginning of Agreement of 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 contract effective date, the Consultant must purchase an extended period 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.
5. If the services involve lead-based paint or asbestos identification / remediation, the Contractor’s PLL policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Contractor’s PLL shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.
Enviro. Prof. Services Agreement v. January 2021
E2 Consulting Engineers, Inc. – Prop 1 Round 2 Grant
June 2022
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII if admitted in the State of California. If Contractor’s Pollution Liability, Asbestos Pollution and/or Errors & Omissions coverages are not available from an admitted insurer, the coverage may be written by a non-admitted insurance company. A non-admitted company should have an A.M.
Best rating of A:X or higher. Exception may be made for the California State Compensation Insurance Fund if not rated.
Verification of Coverage
Consultant shall furnish the City with original certificates of insurance and amendatory endorsements, or copies of the applicable insurance policy language effecting coverage required by this contract and a copy of the Declarations and Endorsements page of the policy listing all policy endorsements. 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.
Waiver of Subrogation
Consultant hereby grants to City a waiver of subrogation which any insurer may acquire against City, its officers, officials, employees, and volunteers, from Consultant by virtue of the payment of any loss. 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.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City of Salinas is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as ISO CG 20 38 04 13.
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.
Enviro. Prof. Services Agreement v. January 2021
E2 Consulting Engineers, Inc. – Prop 1 Round 2 Grant
June 2022
Exhibit B- Scope of Service
[Scope of Service; Compensation]
E2 Consulting Engineers, Inc. | 2100 Powell Street, Suite 850 | Emeryville, CA 94608 510.652.1164 main | 510.355.3611 fax | www.e2.com
17 September 2021
Mr. Brian Frus, PE
Water, Waste and Energy Division Manager
City of Salinas Public Works Department
200 Lincoln Avenue
Salinas, CA 93901
Project: City of Salinas TP1 Facility Improvements - Trash Capture and Segregated Stormwater Diversion
Subject: Price Proposal
Dear Brian,
E2 Consulting Engineers, Inc. (E2) is pleased to submit the enclosed price proposal for professional services for City of Salinas’ ( City’s) TP1 Facility Improvements - Trash Capture and Segregated Stormwater Diversion. We have prepared this price proposal, as requested in the RFP, based on the Scope of Work – Appendix A included in our technical proposal, and the requirements outlined in Sections 1 and 4 of the RFP.
E2 has prepared the attached price proposal as a not-to-exceed based price for this Project.
This price proposal includes: Breakdown of costs by Project Tasks 1 and 2 as described in our technical proposal, including a breakdown of engineering costs according to services to be provided by E2 and its team members, and as required in Section 1 of the RFP . This price proposal includes all expenses other than duplication of documents.
The hourly wage rate for each labor category used in determining the price is noted at the top of each column on the attached worksheets. In addition, a standard Schedule of Professional Rates for E2 and its team members is included in this submittal as requested in the Section 1 of the RFP.
E2 is familiar with City ’s standard contract form and is prepared to accept the conditions without exception.
We appreciate the opportunity to submit our technical and fee proposals for the City’s TP1 Facility Improvements - Trash Capture and Segregated Stormwater Diversion. We thank you for consideration of our submittals and look forward to continuing our relationship with the City of Salinas Public Works Department.
E2 hereby acknowledges that no updates or amendments were issued for this proposal.
Furthermore, E2 affirms that it is prepared to certify non-discrimination in employment practices and that we have no potential or perceived conflict of interest in the subject scope of work.
Sincerely,
Vinod M. Badani, P.E.
Vice President
]
Project
Manager-
Vinod
Technical
Director - Joe
Reichenberger
Principal
Engineer-
Loren
Specialist
III-Bill
Specialist
II - Ilona
Total
Labor
Hours
Total Labor Cost Other Direct
Costs Total Cost E2
Principal
Engineer-
Andy
Senior
Project
Manager -
Caitlin
Associate
Engineer
Senior
Engineer -
Fidel
Assitant
Engineer
Junior
Engineer
Total
Labor
Hours
Total Labor Cost Other Direct
Costs Total Cost
Hourly Rate 235.00$ 195.00$ 175.00$ 125.00$ 80.00$ $240.00 $225.00 $210.00 $175.00 $165.00 Task No. Task Description
1.1 Project Management and Coordination 16 16 32 6,560$ -$ $6,560 12 12 $2,700 $2,700 9,530$
1.2 Project Kick-off/Workshop Meeting and Site Visit 4 4 8 1,640$ 150$ $1,790 2 2 4 $870 $870 2,747$
1.3 Data Gathering, Inspection, Field Surveying,
Geotechnical Investigation and Review (Tasks 1 and
2)
4 0 20 4 0 28 4,940$ 24,200$ 29,140$ 0 2 0 8 0 0 10 2,130$ -$ 2,130$ 31,483$ ######
1.3.1 - Data Gathering, Inspection Review 8 8 1,400$ $1,400 2 4 6 $1,290 $1,290 2,819$
1.3.2 - Field Surveyimg 2 8 4 14 2,370$ 12,100$ $14,470 2 2 $420 $420 14,932$
1.3.3 - Geotechnical Investigation 2 4 6 1,170$ 12,100$ $13,270 2 2 $420 $420 13,732$
1.4 Plans, Specifications and Estimates 20 0 36 0 0 56 11,000$ -$ 11,000$ 8 30 0 120 100 0 258 51,370$ -$ 51,370$ 67,507$
1.4.1 - Task 1 BODR - 30% Design Package 4 8 12 2,340$ -$ $2,340 2 12 40 40 94 $18,580 $18,580 22,778$
1.4.2 - Tasks 1 - Ninety Percent Design Package 8 12 20 3,980$ -$ $3,980 2 8 40 40 90 $17,680 $17,680 23,428$
1.4.3 - Tasks 1 - Ninety Five Percent Design Package 8 12 20 3,980$ -$ $3,980 2 6 24 12 44 $8,970 $8,970 13,847$
1.4.4 - Tasks 1 - Final Bid Documents 4 4 700$ -$ $700 2 4 16 8 30 $6,140 $6,140 7,454$
1.5 Bid Phase Services 8 0 32 4 0 44 7,980$ 150$ 8,130$ 4 10 0 12 16 0 42 8,530$ -$ 8,530$ 17,513$
1.5.1 - Attend Pre-Bid Conference 4 4 8 1,640$ 150$ $1,790 2 2 4 $930 $930 2,813$
1.5.2 - Respond to Inquiries/Questions from Bidders 8 8 1,400$ -$ $1,400 2 4 6 $1,290 $1,290 2,819$
1.5.3 - Prepare Addenda for Bid Documents 16 16 2,800$ -$ $2,800 2 2 4 8 16 $3,170 $3,170 6,287$
1.5.4 - Assist City to review and evaluate Bids 2 2 470$ -$ $470 2 2 $450 $450 965$
1.5.5 - Prepare Conformed Project Documents for
Construction 2 4 4 10 1,670$ $1,670 2 4 8 14 $2,690 $2,690 4,629$
1.6 Engineering Services during Construction 88 0 268 4 0 360 68,080$ 3,150$ 71,230$ 4 48 0 42 56 0 150 30,380$ -$ 30,380$ 104,648$
1.6.1 - Contract Adminstration and Document
Control System 20 0 40 0 0 60 11,700$ -$ 11,700$ 0 16 0 0 0 0 16 3,600$ -$ 3,600$ 15,660$
1.6.1.1 - Consultant's Billing 12 12 2,820$ -$ $2,820 12 12 $2,700 $2,700 5,790$
1.6.1.2 - Document Management 20 20 3,500$ -$ $3,500 2 2 $450 $450 3,995$ 1 .6.1.3 - Correspondances 8 20 28 5,380$ -$ $5,380 2 2 $450 $450 5,875$
1.6.2 - Request for Information (RFI) 4 12 16 3,040$ -$ $3,040 2 8 10 $2,130 $2,130 5,383$
1.6.3 - Submittal Review 4 16 20 3,740$ -$ $3,740 4 40 44 $7,900 $7,900 12,430$
1.6.4 - Change Orders 8 8 1,400$ -$ $1,400 2 2 4 8 $1,770 $1,770 3,347$
1.6.5 - Provide On-Site Visits 32 0 56 0 0 88 17,320$ 1,050$ 18,370$ 2 6 0 14 0 0 22 4,770$ -$ 4,770$ 23,617$
1.6.5.1 - Periodic Site Visits (6 visits) 24 48 72 14,040$ 900$ $14,940 2 4 12 18 $3,900 $3,900 19,230$
1.6.5.2 - Special Inspection Visits (1 Visit) 8 8 16 3,280$ 150$ $3,430 2 2 4 $870 $870 4,387$
1.6.6 - Meetings 24 0 96 0 0 120 22,440$ 1,800$ 24,240$ 0 12 0 12 0 0 24 5,220$ -$ 5,220$ 29,982$
1.6.6.1 - Bi-Weekly Construction Meeting,
prepare Agenda and Meeting Notes (24 Meetings) 12 48 60 11,220$ 1,800$ $13,020 0 $0 $0 13,020$
1.6.6.2 - Attend Bi-Weekly Construction
Meetings 12 48 60 11,220$ -$ $11,220 12 12 24 $5,220 $5,220 16,962$
1.6.7 - Progress Payments 12 12 2,100$ -$ $2,100 0 $0 $0 2,100$
1.6.8 - Testing and Start-up 2 12 14 2,570$ 150$ $2,720 2 2 $450 $450 3,215$
1.6.9 - Construction Close-Out 2 12 14 2,570$ 150$ $2,720 2 2 $450 $450 3,215$
1.6.10 - As-Built (Record) Drawings 4 4 8 1,200$ -$ $1,200 2 4 16 22 $4,090 $4,090 5,699$ Total for Tasks 1.1 to 1.6 140 0 376 12 0 528 100,200$ 27,650$ 127,850$ 16 104 0 184 172 0 476 95,980$ -$ 95,980$ 233,428$
DESIGN OF TRASH CAPTURE COMPONENTS
ATTACHMENT A1
City of Salinas - Engineering Services for TP1 Facility Improvement - Trash Capture and Segregated Stormwater Diversion ESTIMATE OF ENGINEERING SERVICES FEES - TASK 1 (TRASH CAPTURE COMPONENTS) E2 Consulting Engineers, Inc. SCHAAF & WHEELER CONSULTING CIVIL ENGINEERS Total Cost E2 +
S&W*1.10
PBCSD/Assignment No.33 Attachment B 3/16/13
]
Project
Manager-
Vinod
Technical
Director - Joe
Reichenberger
Principal
Engineer-
Loren
Specialist
III-Bill
Specialist
II - Ilona
Total
Labor
Hours
Total Labor Cost Other Direct
Costs Total Cost E2 Principal
Engineer
Senior
Engineer
Associate
Engineer
Senior
Designer
Junior
Designer
Associate
Designer
Total
Labor
Hours
Total Labor
Cost
Other Direct
Costs Total Cost
Hourly Rate 235.00$ 195.00$ 175.00$ 125.00$ 80.00$ $205.00 $195.00 $165.00 $175.00 $150.00 $130.00 Task No. Task Description
2.1 Project Management and Coordination 16 8 24 5,160$ -$ $5,160 0 $0 $0 5,160$
2.2 Project Kick-off/Workshop Meeting and Site Visit 4 4 8 1,640$ 150$ $1,790 0 $0 $0 1,790$
2.3 Data Gathering, Inspection, Field Surveying,
Geotechnical Investigation and Review (Tasks 1 and
2)
8 0 24 4 0 20 6,580$ 24,200$ 30,780$ 0 0 0 0 0 0 0 -$ -$ -$ 30,780$
2.3.1 - Data Gathering, Inspection Review 4 12 16 3,040$ $3,040 0 $0 $0 3,040$
2.3.2 - Field Surveying 2 8 4 14 2,370$ 12,100$ $14,470 0 $0 $0 14,470$
2.3.3 - Geotechnical Investigation 2 4 6 1,170$ 12,100$ $13,270 0 $0 $0 13,270$
2.4 Plans, Specifications and Estimates 124 24 136 396 0 680 107,120$ -$ 107,120$ 27 23 0 38 67 17 172 28,930$ 700$ 29,630$ 139,713$
2.4.1 - Task 2 BODR - 30% Design Package
(Hydraulics Only) 4 8 24 0 0 36 6,700$ -$ $6,700 0 0 0 0 0 0 $0 $0 6,700$
2.4.2 - Tasks 2 - Ninety Percent Design Package 100 8 80 320 508 79,060$ -$ $79,060 16 16 29 52 13 126 $20,965 $700 $21,665 102,892$
2.4.3 - Tasks 2 - Ninety Five Percent Design Package 16 8 20 60 104 16,320$ -$ $16,320 7 4 5 8 2 26 $4,550 $4,550 21,325$
2.4.4 - Tasks 2 - Final Bid Documents 4 12 16 32 5,040$ -$ $5,040 4 3 4 7 2 20 $3,415 $3,415 8,797$
2.5 Bid Phase Services 6 0 32 16 0 54 9,010$ -$ 9,010$ 0 0 0 0 0 0 0 -$ -$ -$ 9,010$
2.5.1 - Attend Pre-Bid Conference 4 4 8 1,640$ -$ $1,640 0 $0 $0 1,640$
1.5.2 - Respond to Inquiries/Questions from Bidders 8 8 1,400$ -$ $1,400 0 $0 $0 1,400$
2.5.3 - Prepare Addenda for Bid Documents 16 16 2,800$ -$ $2,800 0 $0 $0 2,800$
2.5.4 - Assist City to review and evaluate Bids 2 2 470$ -$ $470 0 $0 $0 470$
2.5.5 - Prepare Conformed Project Documents for
Construction 4 16 20 2,700$ $2,700 0 $0 $0 2,700$
2.6 Engineering Services during Construction 98 0 380 48 0 526 95,530$ -$ 95,530$ 16 23 0 92 13 0 144 25,815$ 1,750$ 27,565$ 125,852$
2.6.1 - Contract Adminstration and Document
Control System 16 0 40 0 0 56 10,760$ -$ 10,760$ 4 1 0 4 0 0 9 1,715$ -$ 1,715$ 12,647$
2.6.1.1 - Consultant's Billing 8 8 1,880$ -$ $1,880 4 1 4 9 $1,715 $1,715 3,767$
2.6.1.2 - Document Management 20 20 3,500$ -$ $3,500 0 $0 $0 3,500$ 2 .6.1.3 - Correspondances 8 20 28 5,380$ -$ $5,380 0 $0 $0 5,380$
2.6.2 - Request for Information (RFI) 8 48 56 10,280$ -$ $10,280 2 3 12 3 20 $3,545 $3,545 14,180$
2.6.3 - Submittal Review 16 80 96 17,760$ -$ $17,760 3 8 30 41 $7,425 $7,425 25,928$
2.6.4 - Change Orders 8 16 16 40 6,680$ -$ $6,680 2 2 8 4 16 $2,800 $2,800 9,760$
2.6.5 - Provide On-Site Visits 20 0 56 0 0 76 14,500$ -$ 14,500$ 1 2 0 8 0 0 11 1,995$ -$ 1,995$ 16,695$
2.6.5.1 - Periodic Site Visits 12 48 60 11,220$ -$ $11,220 1 2 8 11 $1,995 $1,995 13,415$
2.6.5.2 - Special Inspection Visits (1 Visit) 8 8 16 3,280$ -$ $3,280 0 $0 $0 3,280$
2.6.6 - Meetings 24 0 96 0 0 120 22,440$ -$ 22,440$ 0 0 0 0 0 0 0 -$ -$ -$ 22,440$
2.6.6.1 - Bi-Weekly Construction Meeting,
prepare Agenda and Meeting Notes (24 Meetings) 12 48 60 11,220$ -$ $11,220 0 $0 $0 11,220$
2.6.6.2 - Attend Bi-Weekly Construction
Meetings 12 48 60 11,220$ -$ $11,220 0 $0 $0 11,220$
2.6.7 - Progress Payments 12 12 2,100$ -$ $2,100 0 $0 $0 2,100$
2.6.8 - Testing and Start-up 2 12 14 2,570$ -$ $2,570 2 5 18 25 $4,535 $1,750 $6,285 9,484$
2.6.9 - Construction Close-Out 2 12 14 2,570$ -$ $2,570 1 2 8 11 $1,995 $1,995 4,765$
2.6.10 - As-Built (Record) Drawings 2 8 32 42 5,870$ -$ $5,870 1 4 6 11 $1,805 $1,805 7,856$ Total for Tasks 2.1 to 2.6 256 24 584 464 0 1312 225,040$ 24,350$ 249,390$ 43 46 0 130 80 17 316 54,745$ 2,450$ 57,195$ 312,305$ Design of Segregated Stormwater Diversion Components
ATTACHMENT A2
City of Salinas - Engineering Services for Segregated Stormwater Components at TP1 Site ESTIMATE OF ENGINEERING SERVICES FEES - TASK 2 (SEGREGATED STORMWATER DIVERSION COMPONENTS) E2 Consulting Engineers, Inc. Frisch Engineering
Total Cost E2 +
Frisch*1.10
PBCSD/Assignment No.33 Attachment B 3/16/13
]
Project
Manager-Vinod
Technical
Director - Joe
Reichenberger
Principal
Engineer-
Loren
Specialist
III-Bill
Total
Labor
Hours
Total Labor Cost Other Direct
Costs Total Cost E2 Principal
Engineer
Senior
Engineer
Senior
Designer
Junior
Designer
Associate
Designer
Total
Labor
Hours
Total Labor
Cost
Other Direct
Costs Total Cost
Hourly Rate 235.00$ 195.00$ 175.00$ 125.00$ Task No Task Description
1.1 Project Management and Coordination 32 0 24 0 56 11,720$ -$ $11,720 0 12 0 0 0 12 2,700$ -$ 2,700$ 14,690$
1.2 Project Kick-off/Workshop Meeting and Site Visit 8 0 8 0 16 3,280$ 300$ $3,580 0 2 2 0 0 4 870$ -$ 870$ 4,537$
1.3 Data Gathering, Inspection, Field Surveying,
Geotechnical Investigation and Review (Tasks 1 and
2)
12 0 44 8 40 11,520$ 48,400$ 59,920$ 0 2 8 0 0 10 2,130$ -$ 2,130$ 62,263$
1.3.1 - Data Gathering, Inspection Review 4 0 20 0 24 4,440$ -$ $4,440 0 2 4 0 0 6 1,290$ -$ 1,290$ 5,859$
2.3.2 - Field Surveying 4 0 16 8 28 4,740$ 24,200$ $28,940 0 0 2 0 0 2 420$ -$ 420$ 29,402$
2.3.3 - Geotechnical Investigation 4 0 8 0 12 2,340$ 24,200$ $26,540 0 0 2 0 0 2 420$ -$ 420$ 27,002$
1.4 Plans, Specifications and Estimates 144 24 172 396 736 118,120$ -$ 118,120$ 35 53 158 167 17 430 80,300$ 700$ 81,000$ 207,220$
1.4.1 - BODR - 30% Design Package (Hydraulics
Only) 8 8 32 0 48 9,040$ -$ $9,040 2 12 40 40 0 94 18,580$ -$ 18,580$ 29,478$
1.4.2 - Ninety Percent Design Package 108 8 92 320 528 83,040$ -$ $83,040 18 24 69 92 13 216 38,645$ 700$ 39,345$ 126,320$
1.4.3 - Ninety Five Percent Design Package 24 8 32 60 124 20,300$ -$ $20,300 9 10 29 20 2 70 13,520$ -$ 13,520$ 35,172$
1.4.4 - Final Bid Documents 4 0 16 16 36 5,740$ -$ $5,740 6 7 20 15 2 50 9,555$ -$ 9,555$ 16,251$
1.5 Bid Phase Services 14 0 64 20 98 16,990$ -$ 16,990$ 4 10 12 16 0 42 8,530$ -$ 8,530$ 26,523$
1.5.1 - Attend Pre-Bid Conference 8 0 8 0 16 3,280$ -$ $3,280 2 2 0 0 0 4 930$ -$ 930$ 4,453$
1.5.2 - Respond to Inquiries/Questions from Bidders 0 0 16 0 16 2,800$ -$ $2,800 0 2 4 0 0 6 1,290$ -$ 1,290$ 4,219$
1.5.3 - Prepare Addenda for Bid Documents 0 0 32 0 32 5,600$ -$ $5,600 2 2 4 8 0 16 3,170$ -$ 3,170$ 9,087$
1.5.4 - Assist City to review and evaluate Bids 4 0 0 0 4 940$ -$ $940 0 2 0 0 0 2 450$ -$ 450$ 1,435$
1.5.5 - Prepare Conformed Project Documents for
Construction
2 0 8 20 30 4,370$ $4,370 0 2 4 8 0 14 2,690$ -$ 2,690$ 7,329$
1.6 Engineering Services during Construction 186 0 648 52 886 163,610$ -$ 163,610$ 20 71 134 69 0 294 56,195$ 1,750$ 57,945$ 230,500$
1.6.1 - Contract Adminstration and Document
Control System 36 0 80 0 116 22,460$ -$ 22,460$ 4 17 4 0 0 25 5,315$ -$ 5,315$ 28,307$
1.6.1.1 - Consultant's Billing 20 0 0 0 20 4,700$ -$ $4,700 4 13 4 0 0 21 4,415$ -$ 4,415$ 9,557$
1.6.1.2 - Document Management 0 0 40 0 40 7,000$ -$ $7,000 0 2 0 0 0 2 450$ -$ 450$ 7,495$ 1 .6.1.3 - Correspondances 16 0 40 0 56 10,760$ -$ $10,760 0 2 0 0 0 2 450$ -$ 450$ 11,255$
1.6.2 - Request for Information (RFI) 12 0 60 0 72 13,320$ -$ $13,320 2 5 20 3 0 30 5,675$ -$ 5,675$ 19,563$
1.6.3 - Submittal Review 20 0 96 0 116 21,500$ -$ $21,500 3 12 30 40 0 85 15,325$ -$ 15,325$ 38,358$
1.6.4 - Change Orders 8 0 24 16 48 8,080$ -$ $8,080 4 4 12 4 0 24 4,570$ -$ 4,570$ 13,107$
1.6.5 - Provide On-Site Visits 52 0 112 0 164 31,820$ -$ 31,820$ 3 8 22 0 0 33 6,765$ -$ 6,765$ 40,312$
1.6.5.1 - Periodic Site Visits 36 0 96 0 132 25,260$ -$ $25,260 3 6 20 0 0 29 5,895$ -$ 5,895$ 32,645$
1.6.5.2 - Special Inspection Visits (1 Visit) 16 0 16 0 32 6,560$ -$ $6,560 0 2 2 0 0 4 870$ -$ 870$ 7,667$
1.6.6 - Meetings 48 0 192 0 240 44,880$ -$ 44,880$ 0 12 12 0 0 24 5,220$ -$ 5,220$ 52,422$
1.6.6.1 - Bi-Weekly Construction Meeting,
prepare Agenda and Meeting Notes (24 Meetings) 24 0 96 0 120 22,440$ -$ $22,440 0 0 0 0 0 0 -$ -$ -$ 24,240$
1.6.6.2 - Attend Bi-Weekly Construction
Meetings 24 0 96 0 120 22,440$ -$ $22,440 0 12 12 0 0 24 5,220$ -$ 5,220$ 28,182$
1.6.7 - Progress Payments 0 0 24 0 24 4,200$ -$ $4,200 0 0 0 0 0 0 -$ -$ -$ 4,200$
1.6.8 - Testing and Start-up 4 0 24 0 28 5,140$ -$ $5,140 2 7 18 0 0 27 4,985$ 1,750$ 6,735$ 12,699$
1.6.9 - Construction Close-Out 4 0 24 0 28 5,140$ -$ $5,140 1 4 8 0 0 13 2,445$ -$ 2,445$ 7,980$
1.6.10 - As-Built (Record) Drawings 2 0 12 36 50 7,070$ -$ $7,070 1 2 8 22 0 33 5,895$ -$ 5,895$ 13,555$ Total for Tasks 2.1 to 2.6 396 24 960 476 1832 325,240$ 48,700$ 373,940$ 59 150 310 252 17 788 149,885$ 2,450$ 152,335$ 545,733$ Design of Trash Capture and Segregated Stormwater Diversion Components ATTACHMENT A3
City of Salinas - Engineering Services for TP! Facility Improvements -Trash Capture and Segregated Stormwater Components ESTIMATE OF ENGINEERING SERVICES FEES - TASK 1 AND TASK 2 COMBINED E2 Consulting Engineers, Inc. Schaaf & Wheeler +Frisch Engineering Total Cost E2
+
(S&W+Frisch)*
1.10 PBCSD/Assignment No.33 Attachment B 3/16/13
Exhibit B-1
Https://e2ce.sharepoint.com/sites/Water/Departmental/Active/City of Salinas-TP1 Facility Improvements Trash Capture and Stormwater Diversion/01-RFP and Proposal vmb 9-2-2021/03-Fee Estimate/E2 -FeeSchedule 9-11-2021.doc Exhibit B-1
E2 Consulting Engineers, Inc.
Schedule of Professional Rates
for
City of Salinas TP1 Facility Improvements
Trash Capture and Segregated Stormwater Diversion
January 1, 2021, through December 31, 2021
Hourly
Billing
Classification Rate
Engineers
Engineer $ 120.00
Engineer, Principal $ 135.00
Engineer, Supervising (Loren Weinbrenner) $ 175.00
Project Managers/Technical Managers
Technical Specialist (Joe Reichenberger) $ 195.00
Project Manager/ Principal-In-Charge (Vinod Badani) $ 235.00
Technical and Support
Specialist II (Accounting Staff) $ 80.00
Specialist III (CADD Operator) Bill Harris, Mark Davis $ 125.00 GIS Data Base Manager $ 170.00
________________________________________________________________ ________________ This schedule of professiona l rates is subject t o revision annually. These billing rates cover salary costs, employee benefits, ordinary overhead, and profit. They also cover in- house charges for personal computers (other than CAD and GI S), word processing equipment, and routine comm unications (including long -distance telephone and fax). Out -of-pocket costs (such as travel and subsistence) are reimbursable at actual cost -plus 10 percent.
Exhibit B2
Hourly Charge Rate Schedule
Personnel Charges
Charges for personnel engaged in professional and/or technical w ork are based on the actual hours directly chargeable to the project.
Current rates by classification are listed below:
Classification Rate/Hr Classification Rate/Hr
Principal Project Manager $240 Construction Manager $225 Senior Project Manager $225 Senior Resident Engineer $200 Senior Engineer $210 Senior Scientist $200
Associate Engineer $190 Associate Scientist $180
Assistant Engineer $175 Resident Engineer $180
Junior Engineer $165 Assistant Resident Engineer $165
Designer $155
GIS Analyst $150
Technician $150
Engineering Trainee $120
Litigation Charges
Work done in preparation for litigation and other very high level-of -expertise assignments is charged at $350 per hour. Court or deposition time as an expert witness is charged at $ 450 per hour.
Materials and Services
Subcontractors, special equipment, outside reproduction, data processing, computer services, etc., will be charged at 1.10 times cost.
Effective 1/1/21
Schaaf & Wheeler
CONSULT ING CIVIL ENGINEERS
1171 Homestead Rd., Suite 255
Santa Clara, CA 95050-5485
408-246-4848
Fax 408-246-5624
Exhibit B-1
Https://e2ce.sharepoint.com/sites/Water/Departmental/Active/City of Salinas-TP1 Facility Improvements Trash Capture and Stormwater Diversion/01-RFP and Proposal vmb 9-2-2021/03-Fee Estimate/Frisch Fee Schedule 9-11-2021.doc Exhibit B-3
Frisch Engineers, Inc.
Schedule of Professional Rates
for
City of Salinas
TP1 Facility Improvements
Trash Capture and Segregated Stormwater Diversion
January 1, 2021, through December 31, 2021
Hourly
Billing
Classification Rate
Engineers
Principal Engineer $ 205.00
Senior Engineer $195.00
Designers
Senior Designer $ 175.00
Junior Designer $ 150.00
Associate Designer $ 130.00
__________________________________________________________________________________________
E2 Consulting Engineers, Inc. | 2100 Powell Street, Suite 850 | Emeryville, CA 94608 510.652.1164 main | 510.355.3611 fax | www.e2.com
27 July 2021
Mr. Brian Frus, PE
Water, Waste and Energy Division Manager
City of Salinas Public Works Department
200 Lincoln Avenue
Salinas, CA 93901
Project: City of Salinas
Industrial Waste Treatment Facility (IWTF), Influent Pump Station and Electrical Improvements
Subject: Price Proposal
Dear Brian,
E2 Consulting Engineers, Inc. (E2) is pleased to submit the enclosed price proposal for professional services for City of Salinas’ (City’s) Industrial Waste Treatment Facility, Influent Pump Station and Electrical Improvements. We have prepared this price proposal, as requested in the RFP, based on the Scope of Work – Appendix A included in our technical proposal , and the requirements outlined in Attachment A of the RFP.
E2 has prepared the attached price proposal as a not-to-exceed based price for this Project.
This includes: Breakdown of costs by Tasks 1 through 3 as described in our technical proposal, including engineering costs for services to be provided by our sub- consultants, and as required in Section 1 of the RFP . This price proposal includes all expenses other than duplication of documents.
The hourly wage rate for each labor category used in determining the price is noted at the top of each column on the attached worksheet. In addition, a standard Schedule of Professional Rates for E2 is included in this submittal as requested in the Section 1 of the RFP.
E2 is familiar with City’s standard contract form and is prepared to accept the conditions without exception.
We appreciate the opportunity to submit our technical and fee proposals for the Industrial Waste Treatment Facility, Influent Pump Station and Electrical Improvements . We thank you for consideration of our submittals and look forward to continuing our relationship with the City of Salinas Public Works Department.
E2 hereby acknowledges that no updates or amendments were issued for this proposal.
Sincerely,
Vinod M. Badani, P.E.
Vice President
]
Project
Manager-
Vinod
Technical
Director - Joe
Reichenberger
Principal
Engineer-
Loren
Specialist III-
Bill
Specialist
II - Ilona
Total
Labor
Hours
Total Labor
Cost
Other Direct
Costs Total Cost E2 Principal
Engineer
Senior
Engineer
Senior
Designer
Junior
Designer
Associate
Designer
Total
Labor
Hours
Total Labor
Cost
Other Direct
Costs Total Cost
Hourly Rate 235.00$ 195.00$ 175.00$ 125.00$ 80.00$ $205.00 $195.00 $175.00 $150.00 $130.00 Task No. Task Description
1 1.1 - Project Management and Coordination 48 20 68 12,880$ -$ $12,880 4 4 $780 $780 13,738$
1.2 - Project Kick-off/Workshop Meeting and Site
Visit 4 4 8 1,640$ 300$ $1,940 16 16 $3,280 $300 $3,580 5,878$
1.3 - Data Gathering, Inspection, Field Surveying
and Review 4 8 8 20 3,340$ 6,000$ $9,940 16 16 $3,280 $3,280 13,548$
1.4 - Plans, Specifications and Estimates 164 24 296 424 0 908 148,020$ -$ 148,020$ 32 40 64 102 28 266 44,500$ -$ 44,500$ 196,970$
1.4.1 - Ninety Percent Design Package 120 24 240 320 0 704 114,880$ -$ $114,880 20 20 40 60 16 156 $26,080 $26,080 143,568$
1.4.2 - Ninety Five Percent Design Package 40 40 80 160 26,400$ -$ $26,400 8 16 16 30 8 78 $13,100 $13,100 40,810$
1.4.3 - Final Bid Documents 4 16 24 44 6,740$ -$ $6,740 4 4 8 12 4 32 $5,320 $5,320 12,592$
1.5 - Bid Phase Services 16 0 56 16 0 88 15,560$ 250$ 15,810$ 16 12 0 8 0 36 6,820$ 300$ 7,120$ 23,642$
1.5.1 - Attend Pre-Bid Conference 4 8 12 2,340$ -$ $2,340 16 16 $3,280 $3,280 5,948$
1.5.2 - Respond to Inquiries/Questions from
Bidders 4 16 20 3,740$ -$ $3,740 4 4 $780 $780 4,598$
1.5.3 - Prepare Addenda for Bid Documents 4 24 28 5,140$ -$ $5,140 4 4 8 $1,380 $1,380 6,658$
1.5.4 - Assist City to review and evaluate Bids 2 0 2 470$ -$ $470 0 $0 $0 470$
1.5.5 - Prepare Conformed Project Documents
for Construction 2 8 16 26 3,870$ 250$ $4,120 4 4 8 $1,380 $300 $1,680 5,968$
1.6 - Engineering Services during Construction 538 0 1084 96 8 1726 328,770$ 2,400$ 331,170$ 124 52 136 32 0 344 64,160$ 2,400$ 66,560$ 404,386$
1.6.1 - Contract Adminstration and Document
Control System 168 0 160 0 8 336 68,120$ -$ 68,120$ 8 4 8 0 0 20 3,820$ -$ 3,820$ 72,322$
1.6.1.1 - Consultant's Billing 8 8 16 2,520$ -$ $2,520 0 $0 $0 2,520$
1.6.1.2 - Document Management 120 80 200 42,200$ -$ $42,200 0 $0 $0 42,200$
1.6.1.3 - Correspondances 40 80 120 23,400$ -$ $23,400 8 4 8 20 $3,820 $3,820 27,602$
1.6.2 - Request for Information (RFI) 40 120 40 200 35,400$ -$ $35,400 4 4 16 4 28 $5,000 $5,000 40,900$
1.6.3 - Submittal Review 160 320 480 93,600$ -$ $93,600 8 16 60 84 $15,260 $15,260 110,386$
1.6.4 - Change Orders 20 48 16 84 15,100$ -$ $15,100 4 4 8 4 20 $3,600 $3,600 19,060$
1.6.5 - Provide On-Site Visits 96 0 96 0 0 192 39,360$ 1,500$ 40,860$ 24 8 8 0 0 40 7,880$ 1,500$ 9,380$ 51,178$
1.6.5.1 - Periodic Site Visits 80 80 160 32,800$ 1,200$ $34,000 0 $0 $1,200 $1,200 35,320$
1.6.5.2 - Special Inspection Visits 16 16 32 6,560$ 300$ $6,860 24 8 8 40 $7,880 $300 $8,180 15,858$
1.6.6 - Meetings 30 0 220 0 0 250 45,550$ -$ 45,550$ 8 4 8 0 0 20 3,820$ -$ 3,820$ 49,752$
1.6.6.1 - Bi-Weekly Construction Meeting,
prepare Agenda and Meeting Notes 160 160 28,000$ -$ $28,000 0 $0 $0 28,000$
1.6.6.2 - Attend Bi-Weekly Construction
Meetings 30 60 90 17,550$ -$ $17,550 8 4 8 20 $3,820 $3,820 21,752$
1.6.7 - Progress Payments 24 24 4,200$ -$ $4,200 0 $0 $0 4,200$
1.6.8 - Teasting and Start-up 8 60 68 12,380$ 600$ $12,980 60 8 12 80 $15,960 $600 $16,560 31,196$
1.6.9 - Construction Close-Out 8 20 28 5,380$ 300$ $5,680 4 4 8 16 $3,000 $300 $3,300 9,310$
1.6.10 - As-Built (Record) Drawings 8 16 40 64 9,680$ -$ $9,680 4 8 24 36 $5,820 $5,820 16,082$ Total for Task 1 774 24 1448 544 28 2818 510,210$ 8,950$ 519,760$ 204 108 200 142 28 682 122,820$ 3,000$ 125,820$ 658,162$ 519,760$
Design of New Influent Pump Station (Phase 2B of Round 2 SWGP Grant) ATTACHMENT A1
City of Salinas - Engineering Services for Industrial Waste Treatment Facility - Influent Pump Station and Electrical Improvements ESTIMATE OF ENGINEERING SERVICES FEES - TASK 1
E2 Consulting Engineers, Inc. Frisch Engineering
Total Cost E2 +
Frisch*1.10
PBCSD/Assignment No.33 Attachment B 3/16/13
]
Project
Manager-
Vinod
Technical
Director - Joe
Reichenberger
Principal
Engineer-
Loren
Specialist III-
Bill
Specialist
II - Ilona
Total
Labor
Hours
Total Labor
Cost
Other Direct
Costs Total Cost E2 Principal
Engineer
Senior
Engineer
Senior
Designer
Junior
Designer
Associate
Designer
Total
Labor
Hours
Total Labor
Cost
Other Direct
Costs Total Cost
Hourly Rate 235.00$ 195.00$ 175.00$ 125.00$ 80.00$ $205.00 $195.00 $175.00 $150.00 $130.00 Task No. Task Description
2 2.1 - Project Management and Coordination 40 20 60 11,000$ -$ $11,000 4 4 $780 $780 11,858$
2.2 - Project Kick-off/Workshop Meeting and Site
Visit 4 8 12 2,340$ 150$ $2,490 4 4 $820 $200 $1,020 3,612$
2.3 - Data Gathering, Inspection, Field Surveying
and Review 8 8 16 3,280$ 6,000$ $9,880 4 4 $820 $820 10,782$
2.4 - Plans, Specifications and Estimates 128 16 344 560 0 1048 163,400$ -$ 163,400$ 28 36 40 72 28 204 34,200$ -$ 34,200$ 201,020$
2.4.1 - Ninety Percent Design Package 80 16 240 400 0 736 113,920$ -$ $113,920 16 16 24 40 16 112 $18,680 $18,680 134,468$
2.4.2 - Ninety Five Percent Design Package 40 80 120 240 38,400$ -$ $38,400 8 16 12 24 8 68 $11,500 $11,500 51,050$
2.4.3 - Final Bid Documents 8 24 40 72 11,080$ -$ $11,080 4 4 4 8 4 24 $4,020 $4,020 15,502$
2.5 - Bid Phase Services 36 0 80 24 0 140 25,460$ 650$ 26,110$ 4 12 0 8 0 24 4,360$ 400$ 4,760$ 31,346$
2.5.1 - Attend Pre-Bid Conference 4 8 12 2,340$ 150$ $2,490 4 4 $820 $200 $1,020 3,612$
2.5.2 - Respond to Inquiries/Questions from
Bidders 16 24 40 7,960$ -$ $7,960 4 4 $780 $780 8,818$
2.5.3 - Prepare Addenda for Bid Documents 8 40 48 8,880$ -$ $8,880 4 4 8 $1,380 $1,380 10,398$
2.5.4 - Assist City to review and evaluate Bids 4 4 940$ -$ $940 0 $0 $0 940$
2.5.5 - Prepare Conformed Project Documents
for Construction 4 8 24 36 5,340$ 500$ $5,840 4 4 8 $1,380 $200 $1,580 7,578$
2.6 - Engineering Services during Construction 228 0 644 80 24 976 178,200$ 1,800$ 180,000$ 84 40 80 32 0 236 43,820$ 1,200$ 45,020$ 229,522$
2.6.1 - Contract Adminstration and Document
Control System 68 0 60 0 24 152 28,400$ -$ 28,400$ 4 4 4 0 0 12 2,300$ -$ 2,300$ 30,930$
2.6.1.1 - Consultant's Billing 8 24 32 3,800$ -$ $3,800 0 $0 $0 3,800$
2.6.1.2 - Document Management 20 20 40 8,200$ -$ $8,200 0 $0 $0 8,200$
2.6.1.3 - Correspondances 40 40 80 16,400$ -$ $16,400 4 4 4 12 $2,300 $2,300 18,930$
2.6.2 - Requests for Information (RFIs) 20 80 16 116 20,700$ -$ $20,700 4 4 8 4 20 $3,600 $3,600 24,660$
2.6.3 - Submittal Review 40 200 240 44,400$ -$ $44,400 4 8 24 36 $6,580 $6,580 51,638$
2.6.4 - Change Orders 24 40 24 88 15,640$ -$ $15,640 4 4 8 4 20 $3,600 $3,600 19,600$
2.6.5 - Provide On-Site Visits 40 0 56 0 0 96 19,200$ 1,500$ 20,700$ 8 4 4 0 0 16 3,120$ 800$ 3,920$ 25,012$
2.6.5.1 - Periodic Site Visits 40 40 80 16,400$ 1,200$ $17,600 0 $0 $400 $400 18,040$
2.6.5.2 - Special Inspection Visits 16 16 2,800$ 300$ $3,100 8 4 4 16 $3,120 $400 $3,520 6,972$
2.6.6 - Meetings 16 0 96 0 0 112 20,560$ -$ 20,560$ 4 4 4 0 0 12 2,300$ -$ 2,300$ 23,090$
2.6.6.1 - Bi-Weekly Construction Meeting,
prepare Agenda and Meeting Notes 80 80 14,000$ -$ $14,000 0 $0 $0 14,000$
2.6.6.2 - Attend Bi-Weekly Construction
Meetings 16 16 32 6,560$ -$ $6,560 4 4 4 12 $2,300 $2,300 9,090$
2.6.7 - Progress Payments 20 20 3,500$ -$ $3,500 0 $0 $0 3,500$
2.6.8 - Teasting and Start-up 8 60 68 12,380$ 150$ $12,530 48 8 16 72 $14,200 $200 $14,400 28,370$
2.6.9 - Construction Close-Out 8 16 24 4,680$ 150$ $4,830 4 4 8 16 $3,000 $200 $3,200 8,350$
2.6.10 - As-Built (Record) Drawings 4 16 40 60 8,740$ -$ $8,740 4 4 24 32 $5,120 $5,120 14,372$ Total for Task 2 444 16 1084 664 44 2252 383,680$ 8,600$ 392,880$ 124 92 120 112 28 476 84,800$ 1,800$ 86,600$ 488,140$ $ 104,340 $ 3,120 $ 189,700 $ 83,000 $ 3,520 $ 383,680 Design Upgrade to existing Pump Station (Phase 2B of Round 2 SWGP Grant) ATTACHMENT A2
City of Salinas - Engineering Services for Industrial Waste Treatment Facility - Influent Pump Station and Electrical Improvements ESTIMATE OF ENGINEERING SERVICES FEES - TASK 2
E2 Consulting Engineers, Inc. Frisch Engineering
Total Cost E2 +
Frisch*1.10
PBCSD/Assignment No.33 Attachment B 3/16/13
]
Project
Manager-
Vinod
Technical
Director - Joe
Reichenberger
Principal
Engineer-
Loren
Specialist III-
Bill
Specialist
II - Ilona
Total
Labor
Hours
Total Labor
Cost
Other Direct
Costs Total Cost E2 Principal
Engineer
Senior
Engineer
Senior
Designer
Junior
Designer
Associate
Designer
Total
Labor
Hours
Total Labor
Cost
Other Direct
Costs Total Cost
Hourly Rate 235.00$ 195.00$ 175.00$ 125.00$ 80.00$ $205.00 $195.00 $175.00 $150.00 $130.00 Task No. Task Description
3 3.1 - Project Management and Coordination 8 12 20 2,840$ -$ $2,840 0 $0 $0 2,840$
3.2 - Project Kick-off/Workshop Meeting and Site
Visit 4 4 8 1,640$ -$ $1,640 4 4 $780 $780 2,498$
3.3 - Data Gathering, Inspection, Field Surveying
and Review 4 4 8 1,640$ -$ $1,640 0 $0 $0 1,640$
3.4 - Plans, Specifications and Estimates 60 0 32 160 0 252 39,700$ -$ 39,700$ 12 12 16 16 12 68 11,560$ -$ 11,560$ 52,416$
3.4.1 - Fifty Percent Design Package 40 16 120 0 176 27,200$ -$ $27,200 4 4 8 8 4 28 $4,720 $4,720 32,392$
3.4.2 - Ninety Five Percent Design Package 16 8 24 48 8,160$ -$ $8,160 4 4 4 4 4 20 $3,420 $3,420 11,922$
3.4.3 - Final Bid Documents 4 8 16 28 4,340$ -$ $4,340 4 4 4 4 4 20 $3,420 $3,420 8,102$
3.5 - Bid Phase Services 16 0 24 8 0 48 8,960$ 250$ 9,210$ 8 0 0 0 0 8 1,640$ 300$ 1,940$ 11,344$
3.5.1 - Attend Pre-Bid Conference 2 4 6 1,170$ $1,170 0 $0 $0 1,170$
3.5.2 - Respond to Inquiries/Questions from
Bidders 4 8 12 2,340$ -$ $2,340 4 4 $820 $820 3,242$
3.5.3 - Prepare Addenda for Bid Documents 4 8 12 2,340$ -$ $2,340 4 4 $820 $820 3,242$
3.5.4 - Assist City to review and evaluate Bids 2 2 470$ -$ $470 0 $0 $0 470$
3.5.5 - Prepare Conformed Project Documents
for Construction 4 4 8 16 2,640$ 250$ $2,890 0 $0 $300 $300 3,220$
3.6 - Engineering Services during Construction 104 0 162 24 0 290 55,790$ 600$ 56,390$ 34 20 28 24 0 106 19,370$ 700$ 20,070$ 78,467$
3.6.1 - Contract Adminstration and Document
Control System 24 0 32 0 0 56 11,240$ -$ 11,240$ 4 4 4 0 0 12 2,300$ -$ 2,300$ 13,770$
3.6.1.1 - Consultant's Billing 0 -$ -$ $0 0 $0 $0 -$
3.6.1.2 - Document Management 16 16 32 6,560$ -$ $6,560 0 $0 $0 6,560$
3.6.1.3 - Correspondances 8 16 24 4,680$ -$ $4,680 4 4 4 12 $2,300 $2,300 7,210$
3.6.2 - Requests for Information (RFIs) 12 16 0 28 5,620$ -$ $5,620 4 4 4 4 16 $2,900 $2,900 8,810$
3.6.3 - Submittal Review 40 32 72 15,000$ -$ $15,000 0 $0 $0 15,000$
3.6.4 - Change Orders 8 8 8 24 4,280$ -$ $4,280 4 4 8 4 20 $3,600 $3,600 8,240$
3.6.5 - Provide On-Site Visits 8 0 8 0 0 16 3,280$ 300$ 3,580$ 8 4 4 0 0 16 3,120$ 300$ 3,420$ 7,342$
3.6.5.1 - Periodic Site Visits 8 8 16 3,280$ 300$ $3,580 0 $0 $300 $300 3,910$
3.6.5.2 - Special Inspection Visits 0 0 0 -$ -$ $0 8 4 4 16 $3,120 $3,120 3,432$
3.6.6 - Meetings 8 0 24 0 0 32 6,080$ -$ 6,080$ 0 0 0 0 0 0 -$ -$ -$ 6,080$
3.6.6.1 - Bi-Weekly Construction Meeting,
prepare Agenda and Meeting Notes 16 16 2,800$ -$ $2,800 0 $0 $0 2,800$
3.6.6.2 - Attend Bi-Weekly Construction
Meetings 8 8 16 3,280$ -$ $3,280 0 $0 $0 3,280$
3.6.7 - Progress Payments 16 16 2,800$ -$ $2,800 0 $0 $0 2,800$
3.6.8 - Teasting and Start-up 0 8 8 1,400$ 150$ $1,550 10 4 4 18 $3,530 $200 $3,730 5,653$
3.6.9 - Construction Close-Out 0 10 10 1,750$ 150$ $1,900 0 $0 $200 $200 2,120$
3.6.10 - As-Built (Record) Drawings 4 8 16 28 4,340$ -$ $4,340 4 4 16 24 $3,920 $3,920 8,652$ Total for Task 3 196 0 226 192 12 626 110,570$ 850$ 111,420$ 54 36 44 40 12 186 33,350$ 1,000$ 34,350$ 149,205$ $ 46,060 $ - $ 39,550 $ 24,000 $ 960 $ 110,570 Design Relocation of Electrical Equipment above Flood Level(Component 3 of IRWM Grant (DWR/IRWM Funded) ATTACHMENT A3
City of Salinas - Engineering Services for Industrial Waste Treatment Facility - Influent Pump Station and Electrical Improvements ESTIMATE OF ENGINEERING SERVICES FEES - TASK 3
E2 Consulting Engineers, Inc. Frisch Engineering
Total Cost E2 +
Frisch*1.10
PBCSD/Assignment No.33 Attachment B 3/16/13
]
Project
Manager-Vinod
Technical
Director - Joe
Reichenberger
Principal
Engineer-
Loren
Specialist III-
Bill
Specialist
II - Ilona
Total
Labor
Hours
Total Labor Cost Other Direct
Costs Total Cost E2 Principal
Engineer
Senior
Engineer
Senior
Designer
Junior
Designer
Associate
Designer
Total
Labor
Hours
Total Labor
Cost
Other Direct
Costs Total Cost
Hourly Rate 235.00$ 195.00$ 175.00$ 125.00$ 80.00$ $205.00 $195.00 $175.00 $150.00 $130.00 Task No. Task Description
A Project Management and Coordination 96 0 0 0 52 148 26,720$ -$ 26,720$ 0 8 0 0 0 8 1,560$ -$ 1,560$ 28,436$ Project Kick-off/Workshop Meeting and Site Visit 12 0 16 0 0 28 5,620$ 450$ 6,070$ 20 4 0 0 0 24 4,880$ 500$ 5,380$ 11,988$ Data Gathering, Inspection, Field Surveying and
Review 16 0 20 8 0 44 8,260$ 12,000$ 21,460$ 20 0 0 0 0 20 4,100$ -$ 4,100$ 25,970$ B Plans, Specifications and Estimates 352 40 672 1144 0 2208 351,120$ -$ 351,120$ 72 88 120 190 68 538 90,260$ -$ 90,260$ 450,406$ Fifty/Ninety Percent Design Package 240 40 496 840 0 1616 256,000$ -$ 256,000$ 40 40 72 108 36 296 49,480$ -$ 49,480$ 310,428$ Ninety Five Percent Design Package 96 0 128 224 0 448 72,960$ -$ 72,960$ 20 36 32 58 20 166 28,020$ -$ 28,020$ 103,782$ Final Bid Documents 16 0 48 80 0 144 22,160$ -$ 22,160$ 12 12 16 24 12 76 12,760$ -$ 12,760$ 36,196$ C Bid Phase Services 68 0 160 48 0 276 49,980$ 1,150$ 51,130$ 28 24 0 16 0 68 12,820$ 1,000$ 13,820$ 66,332$ Attend Pre-Bid Conference 10 0 20 0 0 30 5,850$ 150$ 6,000$ 20 0 0 0 0 20 4,100$ 200$ 4,300$ 10,730$ Respond to Inquiries/Questions from Bidders 24 0 48 0 0 72 14,040$ -$ 14,040$ 4 8 0 0 0 12 2,380$ -$ 2,380$ 16,658$ Prepare Addenda for Bid Documents 16 0 72 0 0 88 16,360$ -$ 16,360$ 4 8 0 8 0 20 3,580$ -$ 3,580$ 20,298$ Assist City to review and evaluate Bids 8 0 0 0 0 8 1,880$ -$ 1,880$ 0 0 0 0 0 0 -$ -$ -$ 1,880$ Prepare Conformed Project Documents for
Construction 10 0 20 48 0 78 11,850$ 1,000$ 12,850$ 0 8 0 8 0 16 2,760$ 800$ 3,560$ 16,766$ D Engineering Services during Construction 870 0 1890 200 32 2992 562,760$ 4,800$ 567,560$ 242 112 244 88 0 686 127,350$ 4,300$ 131,650$ 712,375$ Contract Adminstration and Document Control
System 260 0 252 0 32 544 107,760$ -$ 107,760$ 16 12 16 0 0 44 8,420$ -$ 8,420$ 117,022$ Consultant's Billing 16 0 0 0 32 48 6,320$ -$ 6,320$ 0 0 0 0 0 0 -$ -$ -$ 6,320$ Document Management 156 0 116 0 0 272 56,960$ -$ 56,960$ 0 0 0 0 0 0 -$ -$ -$ 56,960$ Correspondances 88 0 136 0 0 224 44,480$ -$ 44,480$ 16 12 16 0 0 44 8,420$ -$ 8,420$ 53,742$ Request for Information (RFI) 72 0 216 56 0 344 61,720$ -$ 61,720$ 12 12 28 12 0 64 11,500$ -$ 11,500$ 74,370$ Submittal Review 240 0 552 0 0 792 153,000$ -$ 153,000$ 12 24 84 0 0 120 21,840$ -$ 21,840$ 177,024$ Change Orders 52 0 96 48 0 196 35,020$ -$ 35,020$ 12 12 24 12 0 60 10,800$ -$ 10,800$ 46,900$ Provide On-Site Visits 144 0 160 0 0 304 61,840$ 3,300$ 65,140$ 40 16 16 0 0 72 14,120$ 2,600$ 16,720$ 83,532$ Periodic Site Visits 128 0 128 0 0 256 52,480$ 2,700$ 55,180$ 0 0 0 0 0 0 -$ 1,900$ 1,900$ 57,270$ Special Inspection Visits 16 0 32 0 0 48 9,360$ 600$ 9,960$ 40 16 16 0 0 72 14,120$ 700$ 14,820$ 26,262$ Meetings 54 0 340 0 0 394 72,190$ -$ 72,190$ 12 8 12 0 0 32 6,120$ -$ 6,120$ 78,922$ Bi-Weekly Construction Meeting, prepare
Agenda and Meeting Notes 0 0 256 0 0 256 44,800$ -$ 44,800$ 0 0 0 0 0 0 -$ -$ -$ 44,800$ Attend Bi-Weekly Construction Meetings 54 0 84 0 0 138 27,390$ -$ 27,390$ 12 8 12 0 0 32 6,120$ -$ 6,120$ 34,122$ Progress Payments 0 0 60 0 0 60 10,500$ -$ 10,500$ 0 0 0 0 0 0 -$ -$ -$ 10,500$ Teasting and Start-up 16 0 128 0 0 144 26,160$ 900$ 27,060$ 118 20 32 0 0 170 33,690$ 1,000$ 34,690$ 65,219$ Construction Close-Out 16 0 46 0 0 62 11,810$ 600$ 12,410$ 8 8 16 0 0 32 6,000$ 700$ 6,700$ 19,780$ As-Built (Record) Drawings 16 0 40 96 0 152 22,760$ -$ 22,760$ 12 0 16 64 0 92 14,860$ -$ 14,860$ 39,106$ Total for Tasks A+B+C+D 1414 40 2758 1400 84 5696 1,004,460$ 18,400$ 1,024,060$ 382 236 364 294 68 1344 240,970$ 5,800$ 246,770$ 1,295,507$ $ 332,290 $ 7,800 $ 482,650 $ 175,000 $ 6,720 $ 1,004,460 1390 32 2724 1384 84 5614 989310 14600 1004925
ATTACHMENT A4
City of Salinas - Engineering Services for Industrial Waste Treatment Facility - Influent Pump Station and Electrical Improvements ESTIMATE OF ENGINEERING SERVICES FEES - Summary Tasks 1-3 E2 Consulting Engineers, Inc. Frisch Engineering
Total Cost E2 +
Frisch*1.10
PBCSD/Assignment No.33 Attachment B 3/16/13
Exhibit B-1
Https://e2ce.sharepoint.com/sites/Water/Departmental/Active/City of Salinas - IWTF -Influent PS Round 2 Project/01-RFP and Proposal vmb 7-4-2021/03-Fee Estimate/E2 -FeeSchedule 7-27-2021.doc Exhibit B-1
E2 Consulting Engineers, Inc.
Schedule of Professional Rates
for
City of Salinas
Industrial Waste Treatment Facility
Influent Pump Station and Electrical Improvements Project January 1, 2021, through December 31, 2021
Hourly
Billing
Classification Rate
Engineers
Engineer $ 120.00
Engineer, Principal $ 135.00
Engineer, Supervising (Loren Weinbrenner) $ 175.00
Project Managers/Technical Managers
Technical Specialist (Joe Reichenberger) $ 195.00
Project Manager/ Principal-In-Charge (Vinod Badani) $ 235.00
Technical and Support
Specialist II (Accounting Staff) $ 80.00
Specialist III (CADD Operator) Bill Harris, Mark Davis $ 125.00 GIS Data Base Manager $ 170.00
________________________________________________________________ ________________ This schedule of professiona l rates is subject t o revision annually. These billing rates cover salary costs, employee benefits, ordinary overhead, and profit. They also cover in- house charges for personal computers (other than CAD and GI S), word processing equipment, and routine comm unications (including long -distance telephone and fax). Out -of-pocket costs (such as travel and subsistence) are reimbursable at actual cost -plus 10 percent.
Exhibit B-1
Https://e2ce.sharepoint.com/sites/Water/Departmental/Active/City of Salinas - IWTF -Influent PS Round 2 Project/01-RFP and Proposal vmb 7-4-2021/03-Fee Estimate/Frisch Fee Schedule 7-27-2021.doc Exhibit B-2
Frisch Engineers, Inc.
Schedule of Professional Rates
for
City of Salinas
Industrial Waste Treatment Facility
Influent Pump Station and Electrical Improvements Project January 1, 2021, through December 31, 2021
Hourly
Billing
Classification Rate
Engineers
Principal Engineer $ 205.00
Senior Engineer $195.00
Designers
Senior Designer $ 175.00
Junior Designer $ 150.00
Associate Designer $ 130.00
__________________________________________________________________________________________
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-330, Version: 1
Amendment 1 to Agreement for Professional Services with Tina La Perle Approve a Resolution authorizing the City Manager to execute Amendment 1 to the FY 2021-2022 Agreement for Professional Services with Tina La Perle to increase the total not to exceed compensation amount to $172,112; and authorizing the City Manager to execute a FY 2022-2023 Agreement for Professional Services with Tina La Perle for Homeless Services Intervention and Coordination for a total compensation not to exceed $51,000.
City of Salinas Printed on 6/9/2022Page 1 of 1
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: JUNE 14, 2022
DEPARTMENT: COMMUNITY DEVELOPMENT DEPARTMENT
FROM: MEGAN HUNTER, DIRECTOR
BY: ROD POWELL, PLANNING MANAGER
TITLE: AMENDMENT 1 TO THE FY 2021 -2022 AGREEMENT FOR
PROFESSIONAL SERVICES WITH TINA LA PERLE AND FY
2022-2023 AGREEMENT FOR PROFESSIONAL SERVICES WITH
TINA LA PERLE
RECOMMENDED MOTION:
A motion to approve a Resolution:
1. authorizing the City Manager to execute Am endment 1 to the FY 2021-2022 Agreement for Professional Services with Tina La Perle to increase the total not to exceed compensation amount to $172,112; and
2. authorizing the City Manager to execute a FY 2022 -2023 Agreement for Professional Services with Tina La Perle fo r Homeless Services Intervention and Coordination for a total compensation not to exceed $51,000; and
3. authorizing the establishment of a $20,000 Project Room Key Motel Program Fund appropriation and corresponding revenue budget.
RECOMMENDATION:
It is recommended that City Council approve a Resolution:
1. authorizing the City Manager to execute Am endment 1 to the FY 2021 -2022 Agreement for Professional Services with Tina La Perle to increase the total not to exceed compensation amount to $172,112;
2. authorizing the City Manager to execute a FY 2022 -2023 Agreement for Professional Services with Tina La Perle for Homeless Services Intervention and Coordination for a total compensation not to exceed $51,000 with a term of July 1, 2022, to October 31, 2022; and
3. authorizing the establishment of a $20,000 Project Room Key Motel Program Fund appropriation and corresponding revenue budget.
EXECUTIVE SUMMARY:
On July 1, 2021, the City of Salinas (City) entered into a Professional Services Agreement (PSA) with Tina La Perle to ensure an effective use of funds and the identification and utilization of “best practices” in regard to the provision of homeless services . Tina La Perle’s services have been instrumental in assisting the City to conduct vital outreach and identify effective, safe practices to house and protect vulnerable, homeless City residents during the COVID-19 pandemic, as well as the implementation of new programs and emerging initiatives. The proposed Amendment 1 seeks to increase the compensation of the FY 2021 -2022 Agreement resulting from the delivery of additional, unanticipated work hours and services . The FY 2022 -2023 Agreement seeks to continue Ms. La Perle’s professional services through to October 31, 2022, to support emerging grant programs while the Department undertakes the recruitment and onboarding of a new Homeless Services Manager position.
BACKGROUND:
Homelessness continues to be a serious and ongoing problem within the City which requires significant support to maintain the preservation of public spaces and the health, and safety of our community. Persons experiencing homelessness are at high risk for physical and mental health issues, and other chronic illnesses. In response, the City has continued to seek, obtain, and allocate additional funding and resources toward the issue. In recent months, the City successfully applied for and was awarded additional resources to allow for the continuance and expansion of services to unhoused residents. New funding sources include Project Roomkey (PRK) from the County of Monterey ($1,796,632), American Rescue Plan Act (ARPA) Funds ($2,062,293) also form the County of Monterey (County), and the Encampment Resolution Funding (ERF) Program ($4,079,416.72) from the State of California.
DISCUSSION:
Throughout the past few years, professional services provided by Tina La Perle have been instrumental in the identification and implementation of best practices, the development of meaningful program standards, data collection and outcomes, and the formulation of competitive grant applications seeking new sources of funding. As a result of this current emerging a nd intensive environment, actual work hours performed by Ms. La Perle under the current FY 2021- 2022 Agreement exceeded the amount originally stipulated based on an average of 32 hours per week. The proposed Amendment 1 to the FY 2021 -2022 Agreement increases the total not to exceed compensation amount to $172,112, an increase of $56,000 to reflect the additional work performed. County PRK funding in the amount of will be the funding source to support the increase in compensation. Amendment 1 of the FY 2021-2022 Agreement is attached to this report.
This year the Community Development Department received authorization for a new permanent full-time Homeless Services Manager position to support the tasks and responsibilities currently performed by Ms. La Perle. Unfortunately, due to a backlog in City recruitments as well as the
need to create a viable, comprehensive job description for the new, permanent, full-time position, the Homeless Services Manager position is not expected to be filled until October 2022.
The proposed FY 2022-2023 Agreement for Professional Services with Ms. La Perle will ensure a continuation of current in-progress work and priority initiatives through the end of October 2022 and will allow the City ample time to develop a new position description, recruit hire and train the Homeless Services Manager. The funding sources of the limited-term FY 2022-2023 Agreement with Ms. La Perle is State ERF funds ($31,000) and County ARPA funds ($20,000) for a total not to exceed compensation amount of $51,000. The term of the FY 2022 -2023 Agreement will be from July 1, 2022 to October 31, 2022.
DEPARTMENT COORDINATION:
This agenda item is solely administered by the City’s CDD Housing Division. Additional internal and external contributions have come from the City’s Legal , Finance and Human Resources Departments and the County of Monterey Social Services Department.
CEQA CONSIDERATION:
The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) per Guidelines Section 15378. Because the matter does not cause a direct or foreseeable indirect physical change on or in the environment, this matter is not a project.
STRATEGIC PLAN INITIATIVE:
Approval of the proposed Amendment 1 and Agreement for Professional Services will support the City’s Strategic Plan areas of Housing/Affordable Housing, Public Safety, and Ef fective and Culturally Responsive Government.
FISCAL AND SUSTAINABILITY IMPACT:
There is no General Fund impact associated with this agenda item. The funding source for Amendment 1 to the FY 2021-2022 Agreement for Professional Services is supported by County PRK funding, and funding of the FY 2022 -2023 Agreement for Professional Services will be supported by County ARPA and State ERF Program funds.
ATTACHMENTS:
Resolution
Amendment 1 to FY 2021-2022 Agreement for Professional Services with Tina La Perle - Draft FY 2022-2023 Agreement for Professional Services with Tina La Perle - Draft
RESOLUTION NO. ____________ (N.C.S.)
A RESOLUTION OF THE CITY OF SALINAS CITY COUNCIL AUTHORIZING THE EXECUTION OF AMENDMENT 1 TO THE FY 2021-2022 AGREEMENT FOR PROFESSIONAL SERVICES AND FY 2022-2023 AGREEMENT FOR
PROFESSIONAL SERVICES WITH TINA LA PERLE FOR HOMELESS SERVICES
INTERVENTION AND COORDINATION
WHEREAS, on July 1, 2021, the City of Salinas (City) entered into a FY 2021 -2022 Agreement for Professional Services with Tina La Perle to provide homeless services coordination, project management, street outreach and other tasks related to the implementation of best practices; and
WHEREAS, the current FY 2021-2022 Agreement for Professional Services with Tina La Perle has a term is from July 1, 2021 to June 30, 2022, with a total compensation of $116,112; and
WHEREAS, Ms. La Perle’s professional services and expertise have been instrumental in assisting the City to implement best practices, identify effective outreach and referral services, apply for new funding sources, and identify vital, safe practices to house and protect vulnerable, unhoused City residents to prevent, prepare for, and respond to the COVID-19 pandemic; and
WHEREAS, as a result of this current emerging and intensive environment, actual work hours performed by Ms. La Perle under the current FY 2021-2022 Agreement exceeded the amount originally stipulated based on an average of 32 hours per week; and
WHEREAS, an Amendment 1 to the FY 2021-2022 Agreement is required to increase the total not to exceed compensation amount to $172,112, an increase of $56,000 to reflect the additional work performed; and
WHEREAS, Project Roomkey funds from the County of Monterey is the funding source for the $56,000 increase in the total compensation amount; and
WHEREAS, the new permanent full-time Homeless Services Manager position to support the tasks and responsibilities currently performed by Ms. La Perle will not be filled until October 2022; and
WHEREAS, a limited FY 2022-2023 Agreement for Professional Services with Ms. La Perle will ensure a continuation of current in -progress work and priority initiatives and allow the City ample time to develop a new position description, recruit hire and train the Homeless Services Manager; and
WHEREAS, the term of the FY 2022 -2023 Agreement will be from July 1, 2022 to October 31, 2022 with a total not to exceed compensation amount of $51,000; and
WHEREAS, the funding sources of the FY 2022 -2023 Agreement with Ms. La Perle is State ERF funds ($31,000) and County ARPA funds ($20,000).
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council:
1. Authorizes and directs the City Manager or his designee to execute Amendment 1 to the FY 2021-2022 Agreement for Professional Services with Tina La Perle to increase the total not to exceed compensation amount to $172,112;
2. Authorizes the City Manager or his designee to execute a FY 2022 -2023 Agreement for Professional Se rvices with Tina La Perle for Homeless Services Intervention and Coordination for a total compensation not to exceed $51,000 with a term of July 1, 2022, to October 31, 2022 authorizing the establishment of a $20,000 Project Room Key Motel Program Fund appropriation and corresponding revenue budget; and
3. Authorizes the establishment of a $20,000 Project Room Key Motel Program Fund appropriation and corresponding revenue budget.
PASSED AND APPROVED this 14th day of June 2022 by the following vote:
AYES:
NOES:
ABSENT:
APPROVED
_________________________________
Kimbley Craig, Mayor
ATTEST
_________________________
Patricia M. Barajas, City Clerk
Version: January 2021
AGREEMENT —AMENDMENT NO. 1
TO THE AGREEMENT FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN
TINA LA PERLE AND THE CITY OF SALINAS
FOR HOMELESS SERVICES INTERVENTION AND COORDINATION
This Amendment No. 1 to the original Agreement for Professional Services (the “Amendment”) is entered into this 15th day of June 2022, by and between the City of Salinas (the “City”) and Tina La Perle, (the “Contractor”) City and Contractor may be individually referred to herein as a “Party” and collectively the City and Contractor may be referred to as the “Parties.”
RECITALS
WHEREAS, the City and Contractor first entered into an Agreement for Professional Services for Homeless Services Intervention and Coordination effective on July 1, 2021, pursuant to which Contractor agreed to act as and provide certain services to the City for compensation (the “Agreement”); and WHEREAS, the City and Contractor desire to amend the Agreement reflect the additional scope of services provided by the Consultant and to reflect the revised compensation to the be paid to the Consultant.
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:
TERMS
1. The Agreement, Scope of Service section, is amended to Increase the weekly hours of service to be provided by the Consultant due to the increase of services , assistance with new grant applications and implementation of new programs.
2. The Agreement , Compensation section, is amended to increase the compensation amount by $56,000.00 (Fifty Six Thousand and Zero Cents) for a total of $ 172,112 (One Hundred and Seventy Two Thousand One Hundred and Twelve and Zero Cents).
3. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.
IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Contractor have entered into this Agreement as of the date first written above.
City of Salinas Contractor:
Steven S. Carrigan, City Manager Tina La Perle, Consultant
APPROVED AS TO FORM:
Christopher A. Callihan, City Attorney, or
Rhonda Combs, Assistant City Attorney
Form: Professional Services Agreement v. January 2021 Page 1 of 16 Tina La Perle
July 2021
FY 2022-2023 AGREEMENT FOR
PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND TINA LA
PERLE
Form: Professional Services Agreement v. January 2021 Page 2 of 16 Tina La Perle
July 2022
Contents
RECITALS ..................................................................................................................................... 4 TERMS ........................................................................................................................................... 4
1. Scope of Service. ................................................................................................................. 4
2. Term; Completion Schedule. ............................................................................................... 4
3. Compensation. ..................................................................................................................... 4
4. Billing. ................................................................................................................................. 4
5. Meet & Confer. .................................................................................................................... 5
6. Additional Copies................................................................................................................. 5
7. Responsibility of Consultant. ............................................................................................... 5
8. Responsibility of City. ......................................................................................................... 5
9. Acceptance of Work Not a Release. .................................................................................... 6
10. Indemnification and Hold Harmless. ................................................................................... 6
11. Insurance. ............................................................................................................................. 6
12. Access to Records. ............................................................................................................... 6
13. Non-Assignability. ............................................................................................................... 6
14. Changes to Scope of Work. ................................................................................................. 6
15. Ownership of Documents. ................................................................................................... 7
16. Termination. ......................................................................................................................... 7
17. Compliance with Laws, Rules, and Regulations. ................................................................ 8
18. Exhibits Incorporated. .......................................................................................................... 8
19. Independent Contractor. ....................................................................................................... 8
20. Integration and Entire Agreement. ....................................................................................... 8
21. Jurisdiction and Venue. ........................................................................................................ 8
22. Severability .......................................................................................................................... 8
23. Notices. ................................................................................................................................ 8
24. Nondiscrimination................................................................................................................ 9
25. Conflict of Interest. .............................................................................................................. 9
26. Headings. ........................................................................................................................... 10
27. Attorneys’ Fees .................................................................................................................. 10
28. Non-Exclusive Agreement. ................................................................................................ 10
29. Rights and Obligations Under Agreement. ........................................................................ 10
30. Licenses.............................................................................................................................. 10
31. Counterparts. ...................................................................................................................... 10
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32. Legal Representation. ........................................................................................................ 10
33. Joint Representation. .......................................................................................................... 10
34. Warranty of Authority........................................................................................................ 10
35. No Waiver of Rights. ......................................................................................................... 11 Exhibit A- Insurance Requirements .............................................................................................. 12 Exhibit B- Scope of Service .......................................................................................................... 15
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AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND TINA LA PERLE
FOR
HOMELESS SERVICES INTERVENTION AND COORDINATION
FOR FY 2022-2023
This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 15th day of June, 2022, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “ City”), and Tina La Perle , an individual (hereinafter “Consultant”).
RECITALS
WHEREAS, funding for this Agreement will be provided from Project Roomkey (PRK) from the County of Monterey , American Rescue Plan Act (ARPA) Funds form the County of Monterey, and Encampment Resolution Funding (ERF) Program; and
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 Consu ltant’s services are described in Exhibit B, attached hereto and incorporated herein by reference.
2. Term; Completion Schedule. This Agreement shall commence on July 1, 2022, and shall terminate on October 31, 2022, unless extended in writing by either party upon (10) 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 as set forth in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed Fifty-One Thousand Dollars ($51,000).
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 duplicat e services performed by more than one person. Consultant’s bills shall include the following information to which such services cost or pertain:
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(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
(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 a fter a correct and complying invoice h as 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 perfo rmed 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, a nd 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.
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(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) Steve Carrigan, City Manager, or his designee, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall 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
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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 c hanges. 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 suc h 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 reaso n, 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 sof tware output, video and audio tapes, and any other materials
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provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such material is to be delivered to City in completed form; however, notwithstanding the pr ovisions 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.
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(A) Written notices to the City here under shall, until further notice by City, be addressed to:
City Manager
City of Salinas
200 Lincoln Avenue
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:
Tina La Perle
202 West Romie Lane
Salinas, California 93901
(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, Cons ultant 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 provi sions 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 Po litical Reform Act
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(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.
26. Headings. The section head ings 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 ch ose, 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. N either 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.
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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 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 performanc e 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
____________________________
Steven S. Carrigan
City Manager
APPROVED AS TO FORM:
_________________________
□ Christopher A. Callihan, City Attorney, or
□ Rhonda Combs, Assistant City Attorney
CONSULTANT
___________________________________
By: Tina La Perle
Consultant
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Exhibit A- Insurance Requirements
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 f rom 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 main tained 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”): Insuranc e 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 Consult ant has no owned autos, hired and non -owned, with limit s 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 for m 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).
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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, an d 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:
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 Dat e 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.
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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 na ture 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.
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Exhibit B
Scope of Service and Compensation
Scope of Work:
A. Contract Review/Analysis: Conduct contract review and analysis, providing recommendations for modifications, assist in the expansion of viable sub -contractors, and help to integrate adjustments with existing subcontractors at contract renewal/award.
B. Needs Assessment: Identify areas of need/gaps in homeless services. In conjunction with the Planning Manager, provide overarching direction, in the larger context, which may include assisting with grant applications, letters of intent, initial collaborativ e meeting facilitation, and the like bringing forward innovative programming ideas/strategies. Support implementation of specified new projects and tangibly assist to address existing system shortcomings/dysfunction.
C. Service Provider Collaboration/Ass istance: Facilitate increased collaboration with existing Service Providers (SP) to enhance grant performance. Conduct case conferencing and meetings orienting SP staff to City’s funding expectations in emergency shelter and motel programming.
D. Project Management - CESH: Provide program oversight, guidance, and support to awarded CESH Round 1 & Round 2 Agencies. Promote strategy, responsivity, and effective use of funds to meet need. Provide fulfillment support and monitoring of progress via regularly occurring meetings. Executes review of monthly activity reporting, conducts on -going program evaluation, and assists with the CESH annual performance reporting.
E. Street Outreach: Strengthen response to unsheltered homelessness through comprehensive, essential collaboration with City funded SO Providers, orienting Providers to share the challenge and responsibility disproportionately impacting the City of Salinas. Address overarching system issues, such as burden on emergency service and Emergency Solutions Grant funding. Orient/train Outreach Lead/s to the emergency shelter – trailer & motel screening process. Review and/or provide policy language and other supplemental advocacy materials. Provide back -up coverage/supervision of the SORT during the Coordi nator’s absence/vacations.
Tina La Perle is proposed to work an average of 32 hours per week providing interventionist services and may work up to 40 hours per week periodically, as approved in advance by City Planning Manager. Compensation is set at an hourly rate of $90.75 per hour with the contingency of a Shelter in Place order, at $98.25 per hour for the duration of the lock -down period.
Achievement of work plan objectives are contingent upon adequate space, equipment, and departmental staffing level s. Additional duties are accommodated, however primary activity - fulfillment could be slowed. Contractor agrees to abide by all City instituted COVID-19 protocols.
The Planning Manager may request periodic COVID testing/results from Contractor and can be assured Contractor will work in a manner such to mitigate any health risk to City Staff in the line of duty.
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-347, Version: 1
Responses to 2021-2022 Monterey County Civil Grand Jury Final Report Authorize the Mayor to sign the attached letter responding to the findings and the recommendations in the 2021 -2022 Monterey County Civil Grand Jury Final Report regarding “Your Response to Past Monterey County Civil Grand Jury Reports (2012, 2013, 2017, 2020).”
City of Salinas Printed on 6/9/2022Page 1 of 1
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: June 14, 2022
FROM: Christopher A. Callihan, City Attorney
Patricia M. Barajas, City Clerk
SUBJECT: RESPONSE TO 2 021-2022 MONTEREY COUNTY CIVIL GRAND JURY
FINAL REPORTS
RECOMMENDED MOTION:
A motion to authorize the Mayor to sign the attached letter responding to the findings and the recommendations in the 2021-2022 Monterey County Civil Grand Jury Final Report regarding “Your Response to Past Monterey County Civil Grand Jury Reports (2012, 2013, 2017, 2020).”
RECOMMENDATION:
It is recommended that the City Council authorize the Mayor to sign the attached letter responding to the findings and the recommendations in the 2021-2022 Monterey County Civil Grand Jury Final Report.
EXECUTIVE SUMMARY:
On April 7, 2022, the Monterey County Civil Grand Jury (“Grand Jury”) issued its Final Report titled “ Your Response to Past Monterey County Civil Grand Jury Reports (2012, 2013, 2017, 2020).” The Report provides City staff’s responses to each of the categories listed in this Final Report.
DISCUSSION:
California Penal Code section 933(c) requires the City Council to respond to the Grand Jury’s Final Reports within ninety days from submittal of the Final Reports. This Final Report is somewhat different from previous final reports in that this asks for additional responses to previous final reports to which the City already responded; this Final Report asks the City to update the Grand Jury on the status of the City’s responses to prior findings and recommendations.
A draft letter responding to each of the items identified by the Grand Jury as requiring an additional response is attached to this Staff Report. The City’s original responses to those Reports identified in this Final Report are also attached to this Staff Report for reference.
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CEQA CONSIDERAITON:
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 is not among those on the City Council’s current Strategic Plan; however, a response is required by California law.
FISCAL AND SUSTAINABILITY IMPACT:
There is no impact on the City’s General Fund with the City Council’s consideration of this item.
ATTACHMENTS:
2021-2022 Civil Grand Jury Final Report
Draft Response Letter to the Foreperson
City Responses to Prior Years’ Final Reports
June 14, 2022
Tom Wiley, Foreperson
Monterey County Civil Grand Jury
240 Church Street
Salinas, California 93901
Re: City of Salinas’s Responses to Monterey County Civil Grand Jury Final Report:
“Your Response to Past Monterey County Civil Grand Jury Reports (2012, 2013, 2017, 2020)
Dear Mr. Wiley:
This letter is the City of Salinas’s response t o your letter dated April 7, 2022, regarding the City of Salinas’s past responses to Monterey County Civil Grand Jury Reports from 2012, 2013, 2017, and 2020. Please note that the City did not receive your letter until May 12, 2022 and therefore could not provide a response within the thirty (30) day period requested in your letter.
I would first like to thank the members of the Civil Grand Jury for their time and effort taken to assist us in improving our ability to provide services to our community. In this Report, the Civil Grand Jury noted categories within five (5) previous Final Reports which the Civil Grand Jury has found did not comply with the requirements of California Penal Code section 933.05. Each of those categories (and the specific Recomme ndations and Findings identified in your letter) is separately listed below, followed by the City’s responses.
A. Salinas Valley Solid Waste Authority (2012)
“(R-5,6) Revisit Madison Lane Transfer site as an alternative to SSTS. Need to verify results.” “(R-5,6) Create advisory committee to recommend closures of SSTS and utilizing facility in place already, Madison Lane Transfer Station. Need to verify advisory committee formed. Ten years later, it is still awaiting closure of SSTS!”
City’s Response
The Salinas Valley Solid Waste Authority has been looking to move the Salinas Transfer Station Sun Street Site to another location, for many years. The examination of alternative sites has been handled by the Authority’s Public Board of which, many regional el ected public officials are
Tom Wiley, Foreperson
Re: City of Salinas’s Responses to Monterey County Civil Grand Jury June 14, 2022
assigned. At the end of 2018, the Madison Lane site was purchased by Republic Services, from the previous owner, Waste Management. In the Fall of 2021, the SVSWA Board, the City of Salinas and Salinas’ Franchise waste carrier, Republic Services, entered into various agreements to make the move to Madison Lane a reality in the summer of 2022. We are still on track to make this happen, which will subsequently close the Salinas Transfer Station on Sun Street. We remain very hopeful that this will all occur by September 2022.
B. Overview of the Salinas Police Department (2013)
“Finding #4: The number of sworn officers in relation to the Salinas population is insufficient.” “R-3: it should be a priority or the City of Salinas to increase the number of sworn officers.
Had 187 officers in 2008, down to 139 officers in 2013.
Response to R-3: City agreed; to timeline specified.
Further Action Required: Yes; Send inquiry to Salinas City Council requesting an update on progress in hiring additio nal sworn officers since 2014. Google Search shows 177 sworn officers in 2022).”
City’s Response
The City of Salinas continues to focus on the recruitment and hiring of sworn officers, but like other law enforcement agencies we continue to face challenges. A 2019 survey conducted by the Police Executive Research Forum (PERF) reveals that 86 percent of police agencies report a police officer shortage, and over three out of four of these agencies claim the situation has not improved over the last five years. Another PERF survey from early 2021 revealed little progress: across agencies of all sizes, the typical hiring rate fell by five percent while resignation and retirement rates increased by 18 percent and 45 percent, respectively.
As of today, the Salinas Police Department has 139 officers, the same number we had in 2013.
The table below indicates the number of sworn police officers employed as of January 1st of each year.
Employed (as of January
1st)
2015 2016 2017 2018 2019 2020 2021 2022
Sworn No
data
140 142 150 154 152 154 143
Since 2014, the number of funded sworn positions has decreased as indicated in the table below.
During FY 2021-22, eleven previously frozen sworn positions were permanently eliminated, and for FY 2022-23, two sworn positions are being converted to civilian positions.
Positions (as of July 1st) 2015 2016 2017 2018 2019 2020 2021 2022 Allocated Positions 174 174 174 174 174 174 174 161
Frozen Positions 0 0 0 12 12 12 15 4
Tom Wiley, Foreperson
Re: City of Salinas’s Responses to Monterey County Civil Grand Jury June 14, 2022
Funded Positions (can be
hired)
174 174 174 162 162 162 159 157
Between January 2014 and May 2022, the City of Salinas received 2,603 applications for sworn police officer positions. The applications were for both lateral Police Officers and Police Recruits.
Below is the data showing the number of officer positions hired during each calendar year, as well as statistics regarding the numbers of background checks initiated that did not result in hiring.
Recruitment (Jan 1st – Dec
31st)
2015 2016 2017 2018 2019 2020 2021 2022
Hired (Officers and
Recruits)
22 25 26 23 14 13 9 3
Backgrounds Initiated
(Not hired)
88 89 103 94 41 30 29 7
In an effort to fill open positions and recruit additional officers, from December 2017 to December 2021 the Salinas Police Department had a dedicated Recruitment Officer. However, at present time, given current staffing levels, we are no longer able to dedicate a sworn staff to this function.
C. Animal Control in Monterey County (2017)
“The City of Salinas agreed to the recommendations:
R-1: installs a sign on the Northeast side of Hitchcock Road an appropriate distance from the intersection with the shelter access road.
R-2: City and County staff develop a single statement of purpose.
R-4: Reduce the scope of currently assigned duties of Police Services Administrator.
R-5: Part of Pilot Project, staffing levels at both facilities be reviewed.
R-6: Allow staff from either City or County facilities to compete in promotional examinations for vacancies at either shelter.
R-7: City and County staff levels are procedures be reviewed (sic).
R-8: Contact incorporated cities currently not under contract, determine animal shelter needs and if they can be met and if so, pursue contracts with each.
R-13: A copy of both five and eight month written reports be provided to the Monterey County Civil Grand Jury as of the date of the release of these reports.
R-14: Invite other incorporated cities to join in developing a JPA so that a separate legal entity could be established to provide animal control services to all jurisdictions within the County after receiving the MOA and Pilot Project results.
MCCGJ awaiting implementation status.”
City’s Response
Tom Wiley, Foreperson
Re: City of Salinas’s Responses to Monterey County Civil Grand Jury June 14, 2022
With regard to the original 2017 Monterey County – City of Salinas Pilot program on providing joint animal control, the following update is respectfully submitted to the Civil Grand Jury.
The original Memorandum of Agreement regarding Animal Control Services was amended three times, April 2, 2019, February 25, 2020 and July 1, 2021, in order to continue our efforts to formalize joint services. As it did in all work and life settings, the COVID-19 Pandemic has slowed the sought-after consolidation process in many ways for more than two years. All operations are presently consolidated into only one shelter, the County’s on Hitchcock Road. Joint efforts continue as we work on many important issues, including working with incumbent employees throughout the process, and identifying the best way forward for the County, Salinas, and any other County jurisdiction who wants to discuss joint service. Presently, a new Agreement is in place for the entirety of 2022, as the parties continue to discuss the best appropriate form of a Joint Powers Agreement. It is anticipated that the County and City will be the initial parties, however, other agencies will be welcome to join. Finally, it should be noted that the County’s Animal Services Administrator position currently manages the consolidated operation and works with City of Salinas Administrative staff in Police, Human Resources and Administration in working through any issues or concerns with the few remaining staff members from the City operation.
D. WHO’s in CHARGE—Stepping Up on Homelessness & Responses (2017) “R1 Elected County and City officials should provide government leadership to address homelessness. Ultimately, implementation of this recommendation will require further analysis and depend on the CoC and Leadership Council for implementation.
R3 County and Cities e nter a binding, enforceable agreement, such as MOA, to secure commitment to the plan and ensure responsibilities of each jurisdiction. Not implemented but would first require an update to the 10-year regional plan.
R5 There should be a clear distinction between governance of the COC-as an integral part of the broader strategic plan —and the leadership body charged with implementing a regional strategic plan to end homelessness. The City of Salinas responded with this recommendation, which requires further analysis.
R7 The newly created regional leadership body (CoC Leadership Council) should update and implement a regional strategics plan to end homelessness by defining its purpose, goals, and assessments to measure and track progress. The City of Salinas sta ted this recommendation has not yet been implemented. The City was willing to fund its consultant, UI, to collaborate with the CoC and update regional strategic plans…and working more carefully with CHSP on measuring and tracking progress.
R1, R3, R5, R7 No implementation found.”
City’s Response
R1: Elected County and City officials should provide government leadership to address homelessness.
Tom Wiley, Foreperson
Re: City of Salinas’s Responses to Monterey County Civil Grand Jury June 14, 2022
Response: The Leadership Council was significantly restructured in 2017 to establish member seats for elected officials. Category 1 was established to ensure key representation from County and City elected officials. The Monterey County of Mayors selected four memb ers to sit on the Leadership Council. One of these seats is reserved for the City of Salinas. Prior to his passing, Mayor Gunter actively participated on the Leadership Council. Now, Mayor Craig represents Salinas on the Leadership Council. City staff regularly brief the Mayor and when appropriate, the Housing and Land Use Committee of City Council, on activities around homelessness. Our Mayor and Councilmembers regularly share best practices with other elected officials and when funding allows, we share resources to address homelessness at a regional level. The City has had two joint meetings with the County Board of Supervisors to implement a MOU for the development and operations of the SHARE Center (permanent, year -round shelter and navigation center) which opened in 2021.
R3: County and Cities enter a binding, enforceable agreement, such as MOA, to secure commitment to the plan and ensure responsibilities of each jurisdiction. Not implemented but would first require an update to the 10-year regional plan.
Response: The City and County entered into a Memorandum of Understanding (MOU) for the development and operation of a permanent shelter and navigation center in 2018. This MOU was updated in April 2021. The shelter known as the SHARE Center was opened in June 2021 and the City and County continue to jointly fund operations and outcomes related to exits to permanent housing. In the Fiscal Year 2022/2023 budget, the City/County anticipate contributing $1.675 million each toward operations and rapid reh ousing funds. This year the City and County are working together on the next phase of MOU implementation to select an affordable housing developer to build affordable multiple family housing just in front of the SHARE Center. The RFQ for this project was r eleased on May 6, 2022. The County has also entered into a contract with the City to continue to provide services through Project Roomkey, which provides motel rooms for medically frail unhoused persons.
In addition to these agreements with the County, t he City allocated $50,000 to the Coalition for Homeless Services Providers (CHSP) to complete an update to the Lead Me Home Plan (LMHP).
The update is essentially a 5-Year Action Plan to Reduce Homelessness and includes measurable housing outcomes. The Pla n was completed at the end of June 2021 and subsequently adopted by the County Board of Supervisors in November 2021. The City Council formally accepted this strategic planning document on February 1, 2022, and staff is now working toward implementation. M ultiple cities have also adopted/accepted this plan and have committed resources to plan implementation. Although there is not necessarily a binding MOA, multiple jurisdictions are using the LMHP to inform their work and coordinating activities around the plan.
Tom Wiley, Foreperson
Re: City of Salinas’s Responses to Monterey County Civil Grand Jury June 14, 2022
R5: There should be a clear distinction between governance of the COC -as an integral part of the broader strategic plan —and the leadership body charged with implementing a regional strategic plan to end homelessness. The City of Salinas responded with this recommendation, which requires further analysis.
Response: At the time of the City’s response, the Leadership Council (LC) had been significantly restructured and it was unclear the role of the LC as it relates to the Continuum of Care (CoC).
Now, the City understands that the Leadership Council (LC) is the governing body of Monterey and San Benito Counties’ Continuum of Care and is responsible for the oversight and execution of the Lead Me Home Plan. All funding decisions are made by the LC. The City administers both the regional Emergency Solutions Grant (ESG) and California Emergency Solutions and Housing Program (CESH) and presents funding recommendations to the LC for approval. It is appropriate that the CHSP continues to serve as the Administrative Entity for the Continuum of Care and that the LC remains as the Governing Body.
R7: The newly created regional leadership body (CoC Leadership Council) should update and implement a regional strategics plan to end homelessness by defining its purpose, goals, and assessments to measure and track progress.
Response: This recommendation has been fully implemented. In 2019, the City collaborated with the County Health Department and CHSP on an update to the 2011 Lead Me Home Plan so that the region w ould be eligible to apply for No Place Like Home (NPLH) funding. The Health Department funded the update and Urban Initiatives was hired to complete it. The LMHP update had to be completed quickly to enable submission of ultimately successful applications for NPLH funding. Unfortunately, this did not allow much time for the type of engagement needed for regional “buy in” of the plan. As a result, the Leadership Council had decided to follow up with an update in 2020 with robust community engagement.
The Coalition of Homeless Services Providers (CHSP), the CoC coordinating agency, partnered with the County of Monterey Departments of Social Services and Health, County of San Benito Health and Human Services, and the City of Salinas to release an RFP to identi fy a consulting firm to assist with the coordination of this effort. The Coalition identified and hired Focus Strategies and signed a yearlong contract that went into effect March 2020. Originally anticipated to end in March 2021, the process has undergone several revisions to accommodate the pressures of a growing pandemic and concluded at the end of June 2021. The Leadership Council adopted the update of the LMHP in July 2021.
The updated LMHP builds upon and extends the vision articulated in the original 10-Year Plan.
Key priorities for the Leadership Council in the Plan update were to ensure the LMHP is informed by local data, integrates input from local stakeholders, and is aligned with national best practices.
The LMHP sets out the ambitious goal of reducing the total population of people experiencing homelessness in Monterey and San Benito Counties by 50% over five years (July 2021 to June Tom Wiley, Foreperson
Re: City of Salinas’s Responses to Monterey County Civil Grand Jury June 14, 2022
2026). Measurable performance targets have been established for each year of the plan, including targets for imp rovement in program performance as well as for creation of new housing inventory.
The City Council formally accepted this new update of the LMHP on February 1, 2022 and is using the document as a guide in directing funding and activities in the City aroun d homelessness. For example, the City and County are using the targets in the LMHP to fund and monitor performance of the SHARE Center.
Lead Me Home Update – May 2019
https://chsp.org/wp-content/themes/chsp/img/Lead-Me-Home-Update-Final-Final- Draft_20190723_sf-edits.pdf
Lead Me Home Update – July 2021
https://chsp.org/wp-content/themes/chsp/img/Monterey-and-San-Benito-Counties-5YP_LMH- Update_07232021.pdf
E. Sexual Harassment Prevention (2020)
“Recommendations—3
R21 – By June 30, 2021, the city of Salinas should automate this six -month new supervisor training signal for AB 1825 training. The City’s HR Department should develop an automated HR noticing process that informs all newly hired or appointed supervisors of the six -month AG (sic) 1825 supervisor training requirement…The City responded the recommendation has not yet been implemented but will be implemented within the timeframe provided or sooner R22 – Will be implemented June 30, 2022
R23 – The City’s senior management should adopt a stronger emphasis on promoting individual city supervisor employee responsibility to complete required training, including 1825 supervisor training, in a timely manner. Will be implemented September 30, 2020 The MCCGJ is awaiting verification of implementation of R21 and R23. R22 was to be completed by June of 2022.”
City’s Response
R21: By June 30, 2021, the city of Salinas should automate the six-month new supervisor training signal for AB 1825 training. The City’s HR Department should develop an automated HR noticing process that informs all newly hired or appointed supervisors of the six-month AB 1825 supervisor training requirement, and signals HR to (automated or manually) enter that training suspense in the New World ERP system.
Tom Wiley, Foreperson
Re: City of Salinas’s Responses to Monterey County Civil Grand Jury June 14, 2022
This recommendation has not yet been implemented but will be implemented within the timeframe provided or sooner. City staff is currently exploring implementation in working with the City’s IT Division to address the automation process.
Update: The recommendation has been implemented. The City’s Human Resources staff incorporated a sexual harassment prevention training (SHPT) step into new employee intake process. SHPT is now an automatic additional step in the hiring or promotional process where new hires complete SHPT as part of their new hire intake and complete the training on the day their new hire paperwork is completed with Human Resources Staff or on their first day of work.
This step ensures that the training is completed immediately. The completion of the training is then entered into the tracking system in New World Enterprise Resource Planning (ERP) system.
Staff now reconcile training due dates for current employees, new hires, and promotions with the tracking system module on a monthly basis.
R22: By June 30, 2022, the city should continue to advance HR integration and automation of training processes and functions. This should include (1) automated notices of “ticklers” to supervisors on AB 1825 training deadlines, (2) integrating online training records with the New World ERP system, and (3) routinely creating global city reports of compliance that can provide HR and senior city leadership with a comprehensive snapshot of AB 1825 training compliance by city supervisory personnel.
This recommendation has not yet been fully implemented but will be implemented within the timeframe provided or sooner. City staff is currently working with the City’s IT Division to improve the automation process, so that online training is tracked automatically in the New World ERP system.
Update: The recommendation has not yet been implemented, but we expect will be implemented within the recommended timeframe. The City’s Human Resources Department explored the integration of Target Solutions and the City’s New World ERP System to allow automated noticing and concluded that the two systems are not compatible. Additionally, the New World System is no longer being enhanced and is only being maintained. The City is exploring supplementing the tracking system with a third-party solution as an alternative to our current processes and procedures and is further researching additional features of the Target Solutions platform.
R23: By September 30, 2020 the city’s senior management should adopt a stronger emphasis on promoting individual city supervisor employee responsibility to complete required training, including AB 1825 supervisor training, in a timely manner.
This recommendation has not yet been implemented but the City expects to implement a process by the Civil Grand Jury timeframe. The Human Resources Department is updating its new Tom Wiley, Foreperson
Re: City of Salinas’s Responses to Monterey County Civil Grand Jury June 14, 2022
employee orientation and developing promotional orientation to include AB 1825 Sexual Harassment Prevention Training and will be reporting progress to the City Manager. The City plans to utilize online training recently offered by the Department of Fair Employment and Housing and continue utilizing Target Solutions training.
Update: The recommendation has been implemented. The City incorporated SHPT into new employee and promotional onboarding as an additional step and has updated job descriptions for supervisory classifications to include SHPT as a required certification within six (6) months of appointment and every two years thereafter. The City is continuing to use Target Solutions online training as the preferred method of training due to the system capabilities. The online training offered by the Department of Fair Employment and Housing does not provide a start and stop feature which requires participants to complete without any breaks in the training.
Thank You for the opportunity to respond to the Civil Grand Jury’s Report.
Respectfully submitted,
Kimbley Craig
Mayor
cc: City Manager
Assistant City Manager
City Attorney
Police Chief
Community Development Director
Human Resources Director
Public Works Director
Honorable Stephanie Hulsey, Judge, Monterey County Superior Court
April 7, 2022
Mayor Kimberly Craig
The City of Salinas
200 Lincoln Avenue
Salinas, CA 93901
Re: Your Response to Past Monterey County Civil Grand Jury Reports (2012, 2013, 2017, 2020)
Dear Mayor Craig:
The Grand Jury received your response to the above-titled report and finds that it does not comply with the requirements of Section 933.05 of the California Penal Code in the following respect:
Response to Recommendations: A response of “will be implemented” must include a date by which the matter will be implemented, and your response failed to include such a date.
Below is an excerpt of Penal Code Section 933.05 for your reference.
The Grand Jury requests that you resubmit your response in its entirety within thirty days of the date of this letter, following the directions contained in the original letter of transmittal.
We would also like you to be aware that it is our policy to indicate on the Grand Jury’s website those responses that are past due or non-compliant. This status will be changed once a response is received or amended.
Sincerely,
Tom Wiley, Foreperson
2021-2022 Monterey County Civil Grand Jury
cc: Salinas City Manager Steve Carrigan
Superior Court Judge Stephanie Hulsey
Subdivision (b) of §933.05 of the California Penal Code (excerpt, emphasis added)
b. For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
1. The recommendation has been implemented, with a summary regarding the implemented action.
2. The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
3. The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
4. The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation, therefore.
City of Salinas Outstanding Implementation Updates for Past MCCGJ Reports:
(A)
Salinas Valley Solid Waste Authority (2012)
(R-5,6) Revisit Madison Lane Transfer site as an alternative to SSTS. Need to verify results.
(R-5,6) Create advisory committee to recommend closures of SSTS and utilizing facility in place already, Madison Lane Transfer Station. Need to verify advisory committee formed. Ten years later, it is still awaiting closure of SSTS!
(B)
Overview of the Salinas Police Department (2013)
Finding #4: The number of sworn officers in relation to the Salinas population is insufficient.
R-3: It should be a priority for the City of Salinas to increase the number of sworn officers. Had 187 officers in 2008, down to 139 officers in 2013.
Response to R-3: City agreed; no timeframe specified.
Further Action Required: Yes; Send inquiry to Salinas City Council requesting an update on progress in hiring additional sworn officers since 2014. (Google Search shows 177 sworn officers in 2022).
(C)
Animal Control in Monterey County (2017)
The City of Salinas agreed to the recommendations:
R-1 installs a sign on the Northeast side of Hitchcock Road an appropriate distance from the intersection with the shelter access road.
R-2 City and County staff develop a single statement of purpose.
R-4 Reduce the scope of currently assigned duties of Police Services Administrator.
R-5 Part of Pilot Project, staffing levels at both facilities be reviewed.
R-6 Allow staff from either City or County facilities to compete in promotional examinations for vacancies at either shelter.
R-7 City and County staff levels and procedures be reviewed.
R-8 Contact incorporated cities currently not under contract, determine animal shelter needs and if they can be met and if so, pursue contracts with each.
R-13 A copy of both five and eight month written reports be provided to the Monterey County Civil Grand Jury as of the date of the release of these reports.
R-14 Invite other incorporated cities to join in developing a JPA so that a separate legal entity could be established to provide animal control services to all jurisdictions within the County after receiving the MOA and Pilot Project results.
MCCGJ awaiting implementation status.
(D)
WHO’s in CHARGE—Stepping Up on Homelessness & Responses (2017) R1 Elected County and City officials should provide government leadership to address homelessness. Ultimately, implementation of this recommendation will require further analysis and depend on the CoC and Leadership Council for implementation.
R3 County and Cities enter a binding, enforceable agreement, such as MOA, to secure commitment to the plan and ensure responsibilities of each jurisdiction. Not implemented but would first require an update to the 10-year regional plan.
R5 There should be a clear distinction between governance of the COC-as an integral part of the broader strategic plan—and the leadership body charged with implementing a regional strategic plan to end homelessness. The City of Salinas responded with this recommendation, which requires further analysis.
R7 The newly created regional leadership body (CoC Leadership Council) should update and implement a regional strategics plan to end homelessness by defining its purpose, goals, and assessments to measure and track progress. The City of Salinas stated this recommendation has not yet been implemented. The City was willing to fund its consultant, UI, to collaborate with the CoC and update regional strategic plans…and working more carefully with CHSP on measuring and tracking progress.
R1, R3, R5, R7 No Implementation found.
(E)
Sexual Harassment Prevention (2020)
Recommendations –3
R21 - By June 30, 2021, the city of Salinas should automate the six-month new supervisor training signal for AB 1825 training. The City’s HR Department should develop an automated HR noticing process that informs all newly hired or appointed supervisors of the six-month AG 1825 supervisor training requirement…The City responded the recommendation has not yet been implemented but will be implemented within the timeframe provided or sooner
R22 - Will be implemented June 30,2022
R23 - The City’s senior management should adopt a stronger emphasis on promoting individual city supervisor employee responsibility to complete required training, including 1825 supervisor training, in a timely manner. Will be implemented September 30, 2020 The MCCGJ is awaiting verification of implementation of R21 and R23. R22 was to be completed by June of 2022.
July 3, 2018
The Honorable Judge Stephanie E. Hulsey
Superior Court Judge
County of Monterey
240 Church Street
Salinas, California 93901
Re: City of Salinas’s Responses to 2017-2018 Monterey County Civil Grand Jury Final Report: “Animal Control in Monterey County”
Dear Judge Hulsey:
This letter is the City of Salinas’s response to the Findings and Recommendation s of the 201 7- 2018 Monterey County Civil Grand Jury Final R eport: “Animal Control in Monterey County” (“Final Report”). I would first like to thank the members of the Civil Grand Jury for their time and effort taken to assist us in improving our ability to provide services to our c ommunity. In the Final Report , the Civil Grand Jury overall made a total of fifteen Findings and fourteen Recommendations, with thirteen Findings and nine Recommendations specific to the City of Salinas.
As requested by the Civil Grand Jury, the City of Salinas respectfully submits the following responses to the Findings and the Recommendations identified for a response in the Final Report.
Findings.
Finding 1. The lack of signage on Hitchcock Road poses a safety hazard for traffic approaching the turn to the animal shelters from South Main Street.
Response:
The City disagrees with this Finding insomuch as it concludes that the lack of signage “poses a safety hazard.” Additional signage may assist visitors to the shelter with respect to its location, but the Final Report does not contain any analysis or study by a licensed traffic engineer with experience in such matters and with qualifications to make concl usions with respect to traffic
Honorable Stephanie Hulsey
Re: City of Salinas’s Responses to Monterey County Civil Grand Jury
safety. Without adequate study by a licensed traffic engineer concluding that the lack of signage poses a safety hazard, the City cannot agree with this Finding.
Finding 2. The purpose statements included in the budgets of the two entities are appropriate and recognize the importance of public service. The County statement focuses on rabies control and health concerns. The City statement focuses on return placement of lost and unclaimed animals. When considering the two shelters as totally separate entities both statements are relevant and appropriate. However, fundamental difference may impede the consolidation process.
Response:
The City disagrees with this finding in that the fundamental differences in the purpose statements of each entity are not significant enough to impede the consolidation process. Each agency focuses on both statements when services and programs are reviewed.
Finding 3. The Pilot Project will impose greater responsibility on the County Operations Manager and the Animal Services Administrator.
Response:
The City agrees with this finding.
Finding 4 . The difference in staffing of Animal Control Officers is considered reasonable because the County is patrolling a much larger geographic area than the City.
Response:
The City agrees with this finding as stated ; however, both agencies have insufficient staffing levels to meet the needs of the represented jurisdictions.
Finding 5. The City provides services for an animal population 38% greate r with an overall staff that is 39% smaller than the County.
Response:
The City agrees with this finding.
Finding 6. It is unlikely that animal care and maintenance at the City shelter could be maintained at an appropriate level without the volunteer program.
Response:
Honorable Stephanie Hulsey
Re: City of Salinas’s Responses to Monterey County Civil Grand Jury
The City agrees with this finding.
Finding 7 . County Animal Control personnel have career ladders providing greater promotional opportunities than the City.
Response:
The City agrees with this finding.
Finding 8. Both shelters have the physical capacity to shelter more animals.
Response:
The City agrees with this finding; however, without adequate staffing to clean, feed, medicate and otherwise care for the animals, it is unwise to keep the shelter at full capacity at all times. As outlined in this report, Salinas does not currently have the proper amount of kennel staff for the current number of animals housed each day. To maximize the full capacity of the shelter, there would need to be an increase of kennel staff.
Finding 11. Cat cages at the City shelter, which were replaced in 2013 -14, provide greater cleaning efficiency and less stress on the cat than the older-style County cat cages.
Response:
The City agrees with this Finding.
Finding 12 . If successful, the combi nation of services at the two shelters should result in less public confusion when looking for a lost animal or preparing to adopt one.
Response:
The City agrees with this finding.
Finding 13. If successful, the combination of services should result in greater effectiveness, efficiency and consistency of procedures for both the City and the County.
Response:
The City agrees with this finding.
Finding 14. The MOA and resulting Pilot Program are positive steps toward consolidation of Animal Control Services.
Honorable Stephanie Hulsey
Re: City of Salinas’s Responses to Monterey County Civil Grand Jury
Response:
The City agrees with this finding.
Finding 15. Success of the Pilot Project will be dependent, at least in part, on having the day -to-day operations of the separate shelters handled efficiently with sufficient time available to support the efforts of the Animal Services Administrator throughout the period of the Pilot Project.
Response:
The City agrees with this finding.
Recommendations.
Recommendation 1. The City and the County should determine responsibility for signage and install a sign on the northeast side of Hitchcock Road an appropriate distance from the intersection with the shelter access road.
Response:
The City agrees with this Recommendation insomuch as additional signage will assist visitors in locating the shelter access road.
Recommendation 2. The City and the County should bring together the entire staff from both shelters for the purpose of developing a single statement of purpose.
Response:
The City agrees with this recommendation.
Recommendation 4. The City should review the duties currently assigned to the Police Services Administrator and, if necessary, reduce the scope of currently assigned duties.
Response:
The City agrees with this recommendation.
Recommendation 5. As part of the Pilot Project, staffing levels at both facilities be reviewed.
Response:
Honorable Stephanie Hulsey
Re: City of Salinas’s Responses to Monterey County Civil Grand Jury
The City agrees with this recommendation.
Recommendation 6. Future consolidation should include methodology for current employees of either entity to compete in promotional examinations for vacancies at either shelter.
Response:
The City agrees with this recommendation.
Recommendation 7. Regardless of the outcome of the MOA and the Pilot Project, City and County staffing levels and procedures should be reviewed.
Response:
The City agrees with this recommendation.
Recommendation 8. Regardless of the outcome of the MOA and Pilot Project, the City and the County should contact incorporated cities which are not currently under contract, to determine if their animal shelter needs could be met by either entity. If so, contracts should be pursued.
Response:
The City agrees with this recommendation.
Recommendation 12. A copy of this report should be provided to the Animal Services Administrator.
Response:
The City agrees with this recommendation.
Recommendation 13. The Jury requests that copies of both the 5 and 8 month written reports be provided to the Monterey County Civil Grand Jury impaneled as of the date of the release of the reports.
Response:
The City agrees with this recommendation.
Recommendation 14. The Jury requests the County and City invite other incorporated cities to join with them in developing a Joint Powers Agreement or Joint Powers Authority so that a separate legal entity could be established to provide animal control services to all jurisdictions within the County.
Response:
Honorable Stephanie Hulsey
Re: City of Salinas’s Responses to Monterey County Civil Grand Jury
They City agrees with this Recommendation upon receiving the results of the MOA and the Pilot Project.
Thank You for the opportunity to respond to the Civil Grand Jury’s Report.
Respectfully submitted,
Joe Gunter
Mayor
cc: City Manager
City Attorney
Police Chief
City of Salinas
OFFICE OFTHE MAYOB.200 Lincoln Avenue . Salinas California 93901 . (831)758-7201 . Fax (831)758-7368 August 21, 2018
Honorable Stephanie E. Hulsey
Judge of the Superior Court
240 Church Street
County Counsel
Salinas, California 93901
Dear Judge Hulsey:
This letter is the City of Salinas's response to the Findings and Recommendations of the 2017- 2018 Monterey County Civil Grand Jury Final Report: "WHO/S IN CHARGE? Stepping up on Homelessness: The need for strategic leadership and comprehensive planning." I would first like to thank the members of the Civil Grand Jury for their time and effort taken to assist us in addressing homelessness. In the Final Report, the Civil Grand fury overall made a total of twelve Findings and ten Recommendations. Per the June 4th letter from the office of the Monterey County Counsel, the City is responsible for Findings F1-F12 and Recommendations R1-R10.
As requested by the Civil Grand lury, the City of Salinas respectfully submits the following responses to the Findings and the Recommendations in the Final Report.
Findings
Findins F1. Homelessness is a bi'gger problem in the County than the biennial homeless census would suggest
Resoonse:
The City agrees with finding F1. According to the 2017 Point In Time (PIT) Count for Monterey County, the number of homeless is estimated to be 2,837. Ttl.e PIT Count is a count completed in one night in January and does not capture the entire homeless population over the course of a year. The City also understands that this count does not include the Monterey County Office of Education's estimate of 6,278homeless students in the public-school system.
RE: 2017-2018 Monterey County Civil Grand ]ury Final Report -"WHO'S IN CHARGE? Stepping up on Homelessness: The need for strategic leadership and comprehensive planning". Letter dated |une 4, 2018 from the Monterey County office of the County Counsel
Honorable Stephanie E. Hulsey
Re: City of Salinas's Responses to Monterey County Civil Grand Jury
Finding F2. The County's homeless problem has the potential to get worse if ue do not inoest in accessible housing solutions. Growing housing insecurity will only increase demand on our underfunded, oaer- s tr essed p ubl i c set'oi ces.
Resoonse:
The City agrees with finding F2. Cities in Monterey County need to invest in housing solutions for different populations and varying income levels. Overall, there is a lack of housing stock in all of Monterey County and in the City of Salinas. Based on Salinas's 2015 Housing Element, 49o/" of Salinas homeowners pay more than 30% of income for housing and 24% pay more than 50% of their income on housing. Renters in Salinas are additionally burdened wilh 52% of renters paying more than 30% of their income on housing.
Finding F3. The County's strategy for addressing homelessness needs a clearer focus, accountable leadership and enhanced capacity.
Resoonse:
The City agrees with finding F3. The County contracts with the Coalition of Homeless Service Providers (CHSP) to serve as the Continuum of Care (CoC) administrator. The CoC is responsible for implementation of the Lead Me Home Plan, the regional 10-year plan for ending homelessness. CHSP and Monterey County Department of Social Services (DSS) convene the Leadership Council the govemance body for the CoC. While these meetings include elected officials, they only occur every other month and typically include few actionable items. Much of the meeting time is spent updating the Council on very technical work conducted by CHSP's five or six committees.
The complex structure of the CoC and its very technical committees has weakened the voice of the Leadership Council. The CoC committees are mostly dominated by service providers and meet so often that it is difficult for local jurisdictions to participate, partiolarly the smaller cities.
Most of the work occurs at the committee level, where recommendations are formulated and then forwarded to the Leadership Council to authorize. Because committee discussions are so technical The shortage of units and cost of housing particularly affects very low-income households (less than 50% of area median income) who often are always on the edge of homelessness. This is evident by the 2,232 individuals in the County that are homeless due to factors such as job loss, alcohol or drug use, rent increases, mental health or other medical conditions, incarceratiory family conflict, or aging out of foster care. These individuals typically need assistance in finding and paying for housing. The County also has a chronically homeless population of 605 persons.
The chronically homeless and those with disabilities and addiction need more than just housing they need supportive services. Permanent supportive housing for this population is especially needed, but it takes a much more significant investment. For example, the City committed nearly M.5 million to support Moongate Plaza, a 90-unit permanent supportive housing project in Chinatown with a cost of approximately $39.9 million.
Honorable Stephanie E. Hulsey
Re: City of Salinas's Responses to Monterey County Civil Grand Jury
in nature, the Leadership Council is not always fully apprised of this work making it difficult for the Leadership Council to truly guide the CoC. lntegrating county and local jurisdiction staff into the committee structure could improve the transmission of information from the committees to the elected officials in the Leadership Council.
The HEARTH Act, which established the Continuum of Care identifies those who are to be representatives "including nonprofit homeless providers, victim service providers, faith-based organizations, govemments, businesses, advocateg public housing agencieg school districts, social service providers, mental health agencies, hospitals, universities, affordable housing developers, law enforcement, organizations that serve homeless and formerly homeless veterans, and homeless and formerly homeless persons". Continuums are expected to be geographically representative. Unfortunately, membership in the CoC is heavily weighted towards homeless service providers with limited participation from other leaders in the region. In fact, not every city in Monterey County is a member of the CoC and only Salinas regularly participates in meetings.
Consequently, the regional perspective is not being fully represented.
The functional structure of the CoC as outlined above results in funding decisions being directed by non-profit agencies. While the non-profits are doing good work, the programs do not have a regional focus and do not always align with best practices defined by research and outcomes. A better approach would be to work with all jurisdictions to understand community data and needs, update the Lead Me Home Plan to address these needs based upon what works, and establish metrics to evaluate performance of the non-profits. The CoC could measure the results annually and focus funding on those programs that are actually reducing homelessness. This is how the CoC can evolve and the strategy can have "a clearer focus, accowttable leadership and enhanced capacity" .
Finding F4. Structuring the Continuum of Care administrator as a 501(c)(3) nonprofit otganization is conduciz:e to securing funding and coordinating homeless setttices. Howeuer, a nonprofit organization cannot establish public policy and planning needed to end homelessness.
Resoonse:
The City partially disagrees with finding F4 that the CoC cannot establish public poliry and planning needed to end homelessness.
The CoC is required under HUD's definition to secure and administer HUD funding in addition to setting policies and procedures necessary to end homelessness. The annual CoC Program application, which the CoC submits each year, is filled with questions that focus on setting policies and procedures to prevent and end homelessness. The PIT count provides the CoC with the data to assist in evaluating whether policies and procedures are working. Due to the steady increase in homelessness within Monterey County, it is imperative that policies and procedures are reevaluated, and it is determined what policies and procedures are working and which are failing and why. The CoC and County are responsible, the nonprofits are responsible, and the cities are responsible.
Honorable Stephanie E. Hulsey
Re: City of Salinas's Responses to Monterey County Civil Grand lury
In contrast to Monterey County, San Benito County, which is part of our CoC, was able to reduce homelessness. The homeless population in 2017 was 527 as compared to 651 persons in 2015. One likely reason for this difference is that San Benito County established a successful shelter with integrated county services and successful rapid rehousing programs. The leadership in San Benito County had decided that a permanent year-round shelter was a critical component of their homeless strategy. With little non-profit capacity, the County assumed responsibility for providing the year-round shelter and even secured $5 million in CDBG funding for capital improvements. San Benito County also received support from the CoC. Even though San Benito ultimately transitioned shelter operations to a non-profit, their example underscores how important govemment leadership is.
Finding F5. The County has unoffcially established the Coalition of Homeless Seruice Proaiders as the central organization for adclressing homelessness. Making any nonprofit the center of homeless solutions ffictioely creates the perception there is gooernmental leadership when there is, in fact, no formal political leadership . This arrangement prooides elected oficials with a way to az.toid accepting political responsibility for ad dressin g homelessness.
Through Lead Me Home, the 10-Year Plan to end homelessness in Monterey and San Benito Counties, the Leadership Council provides direction to the CoC. The Leadership Council was recently changed to include more elected officials. These elected officials are interested and willing to take on a larger role in govemance, but as described above the meetings must be structured differently to allow the Leadership Council to assume more responsibility for the overall direction of the CoC and Lead Me Home Plan.
In the City of Salinas, City Council has shown strong leadership by taking on an active role in advocating for implementation ofbest practices to end homelessness throughout the region. City funding has been directed to programs known to work such as street outreacb housing navigation, and rapid rehousing. In addition, City Council has approved millions in funding for affordable housing projects such as Moongate Plaza and the final phase of Haciendas, 50 units of affordable family housing. When the regional Emergenry Solution Grant (ESG) was almost lost, City Council authorized staff to administer the grant program for San Benito and Monterey Counties, the only City in the State administering regional ESG funds. This has resulted in nearly $1.2 million of additional funding for homelessness services in San Benito and Monterey Counties over the last two years.
Resoonse:
The City partially disagrees with Finding F5. HUD has designated the role of the CoC to coordinate efforts to reduce homelessness. Thus, the CoC is the central organization for addressing homelessness and the Coalition of Homeless Service Providers (CHSP) is officially the CoC administrator. The purpose of the CoC program, as codified in Federal statute, is to promote a communitlrwide commitment toward the goal of ending homelessness.
Honorable Stephanie E. Hulsey
Re: City of Salinas's Responses to Monterey County Civil Grand Jury
Finding F6. The Coalition of Homeless Seraice Proztiders is a small nonprofit that does not haoe sufficient capncity to administer the County's strategic plan to end homelessness and its continuum of care for both Monterey and San Benito counties. lt does not proaide political leadership to coalesce public support and gooernment commitments around a concrete action-plan to end homelessness.
Response:
The City of Salinas partially disagrees with Finding F6. l y'hile the Coalition of Homeless Service Providers (CHSP) has been effective in obtaining and administering CoC grant funds in compliance with HUD, it has been unproductive in updating the Lead Me Home Plan and coalescing public support around ending homelessness. Unfortunately, CHSP has been too bogged down in administrative details and consequently, has not been able to articulate a clear vision or inspire action. As described above, the CoC meetings lack focus and often are so technical in nature that the elected officials are unable to participate ful1y. Empowering the Leadership Council to drive the agenda will enhance political leadership. City staff also should be included in these meetings as a technical support to the elected officials on the Leadership Council. Finally, every jurisdiction in both counties should participate on the Leadership Council. CHSP should move its meeting to new venues in order to facilitate greater geographic participation. All jurisdictions need to feel responsible for addressing regional homelessness.
Another challenge is that CHSP has limited influence on homeless services and funding, which is spread throughout different county and city agencies. t /hile CHSP has done a good job of promoting the use of the Coordinated Entry System, the data provided is not always consistent across service providers and not broadly shared to tailor interventions. Although HIPAA laws safeguard medical inlormation making it difficult to coordinate health and housing resourcet other CoCs have been able to comply with HIPAA and provide comprehensive care to homeless individuals. It will be important for CHSP to explore these innovative models and determine how the County may implement and incorporate into the lO-year plan.
CHSB like other CoC administrators throughout the country, has the opportunity to convene various partners and facilitate sharing of resources to address regional homelessness. The Leadership Council is comprised of many elected officials whom have influence and could be better utilized to coalesce public support. With all of the new funding resources for homelessness, CHSP could collectively map these opportunities and with the Leadership Council convene meetings with its partners to discuss how to leverage and incorporate into the 10-year plan.
Finding F7. The composition of the kadership Council and its location within the Coalition of Homeless Seroice Prooiders has fficted the focus of the leadership council. The Leadership Council's critical opportunity of generating and executing a strategic plan to end homelessness has narrowed to prooiding ouersight of the Continuum of Care.
Honorable Stephanie E. Hulsey
Re: City of Salinas's Responses to Monterey County Civil Grand |ury
Resoonse:
The City of Salinas mostly agrees with Finding F7. However, we also believe that critical staff from communities in Monterey County are missing at CoC meetings including the Leadership Council. These staff members can provide tedmical support to their respective elected official and data about critical community needs to empower the Leadership Council to make informed decisions.
Finding F8. The structure of the Leadership Council does not prooide authoity to design and execute a regional plan to end homelessness, and it does not support full public accountability for meeting stated targets.
Resoonse:
The City of Salinas partially disagrees with Finding F8. The Leadership Council has the authority to design and execute the regional plan. However, the meetings as currently structured are largely driven by CHSP, which deters discussion on evaluating and updating the 10-year plan. The City of Salinas has emphasized the need to update the lO-year, Lead Me Home Plan and even offered to fund it. An update of the Plan would also enable us to create more specific benchmarks to measure our success like the Santa Clara County CoC. Unfortunately, there has been little momentum among CHSP staff and the Leadership Council to move forward with the Plary partially because the meetings are so focused on administrative responsibilities of the CoC.
Findin F9. Political leadership is necessary to secure public support, enact policy and planning decisions that capitalize on state legislation, and execute a regional homeless plan.
Resoonse:
The City agrees with Finding F9. With the passage of recent state legislation that involves new funding opportunities, it is even more critical to have an updated regional homeless plan with actionable steps. Without political leadership, public support, and a regional plan, it is doubtful that Monterey County will be able to secure maximum funding or use it effectively.
Finding Fl]. Gouernment decision-making is essential for making choices about resource commitments Resoonse:
The City of Salinas agrees with Finding F10.
The City of Salinas has taken its role in addressing homelessness very seriously and as a result, hired Urban Initiatives (UI) in 2016, a non-profit based out of Pasadena. UI has assisted the City in formalizing a strategy based upon the best practices for ending homelessness and has helped us direct funding to have the greatest impact with limited resources.
Finding F11. To meaningt'ully change the course of homelessness and hausing insecurity, there must be a regional approach to homelessness and the creation of a new goaerning body with the power to oaersee Honorable Stephanie E. Hulsey
Re: City of Salinas's Responses to Monterey County Civil Grand Jury
implementation of the plan.
Resoonse:
The City partially disagrees with Finding F11. The City would suggest that the Leadership Council already serves as the goveming body on the regional approach and has the power to oversee implementation of the plan. Changes to the structure of the CoC as described above, such as enabling the Leadership Council to set the CoC agenda and push forward the update of the Lead Me Home Plaru would allow for clearer focus and more accountability.
In terms of the Coalition of Homeless Services Providers (CHSP), the Leadership Council selected CHSP as the CoC administrator or "Collaborative Applicant" to manage implementation of the Lead Me Home Plan. CHSP does not necessarily have to serve as this "Collaborative Applicant".
In fact, in roughly 75"/o oI CoCs in California, the "Collaborative Applicant" is a local form of govemment or Joint Powers Authority. Thus, if there is dissatisfaction with CHSB the Leadership Council could replace the CHSP with a new "Collaborative Applicant".
F 12. The strategic plan to end homelessness selues as an informal guide rather than a definitiae rcgional plan. It needs to be updated and fully implemented.
RECOMMENDATIONS
Recommendation Rl. Elected Counfu and City officials should prooide gooernment leadership to address homelessness.
Resoonse:
The City mostly agrees with Recommendation R1. However, there are notable elected officials who have stepped up and are providing greater leadership on homelessness including Supervisors Alejo and Phillips and the Salinas City Council.
Although some government leaders have been actively involved in homelessness, others have Resoonse:
The City agrees with Finding F12. As mentioned above, the Salinas City Council agreed to work with Urban Initiatives (UI) and the Coalition on an update of the l0-year plan. The Salinas City Council approved funding to update the regional plan on June 20, 2017. After funding was approved, the City offered to collaborate with the CoC to update the regional 1O-year plan with the support of UI. The CoC has yet to accept this offer. At the Leadership Council meeting where the offer was presented, the City recommended that the plan be revised to provide more specific actions, address new and changing needs of the region's homeless populatior; and incorpolate the known best practices in reducing homelessness. The City hopes that the Leadership Council will eventually accept this offer since an actionable regional plan is so vital to our successes in ending homelessness.
Honorable Stephanie E. Hulsey
Re: City of Salinas's Responses to Monterey County Civil Grand Jury
been missing at the table entirely. It is important that government leaders from all jurisdictions are involved in a regional approach, otherwise not everyone equitably share in its responsibility for homelessness. Ultimately, implementation of this recommendation will require further analysis and depend on the CoC and Leadership Council for implementation.
Recommendation R2. The County and its Cities should form an accountable leadership body thnt has the power to ooersee a regional approach to ewling homelessness and address housing insecurity in Monterey County.
Resoonse:
This recommendation has already been implemented through the CoC Leadership Council. The City has been a partner in the Leadership Council and is attending CHSP Board. I, as the Mayor, serve on the Executive Committee of the l,eadership Council. The City will continue in its partnerships with the County and the CoC.
Recommendation R3. The County and its Cities should enter into a binding, enforceable agreonent, such as a Memorundum of Agreement, to secure commitment to the plan and ensure responsibilities of each jurisdiction.
Response:
This recommendation has not been implemented but would first require an update to the lO-year regional plan. Through the update process, jurisdictions could agree to specific actions and enter into Memorandum of Agreements that outline responsibilities.
Recommendation R4. The Lead Me Home Leadership council should clearly defne its purpose and goals.
Resoonse:
The recommendation has largely been implemented based on the mission of the CHSP, which is to eliminate homelessness in Monterey and San Benito Counties by promoting interagenry coordination to develop and sustain a comprehensive system of housing and support services designed to maximize the self-sufficiency of individuals and families. The Leadership Council supports the Coalition and therefore the mission and purpose to end homelessness are clear. with the update of the Lead Me Home Plan, it is possible to revise and clarify purpose and goals.
However, this must be accomplished under the regulations of the CoC.
In the meantime, the City is focused on securing an agreement with the County on the development of a permanent, year-round shelter. The City proposed to be the Project Manager to develop this shelter at 1220 Natividad Road and hopes to finalize an agreement with the County soon. The City also anticipates the development of agreements related to the new state funding under the Homeless Emergency Assistance Program (HEAP). The CoC will be responsible for identifying how these emergenry funds are spent on our most pressing needs.
Honorable Stephanie E. Hulsey
Re: City of Salinas's Responses to Monterey County Civil Grand Jury
Resoonse:
This recommendation requires further analysis as the CoC, Leadership Council and County need to determine the distinction between governance of the CoC in the broader strategic plan and the leadership body charged with implementing a regional strategic plan to end homelessness. The City of Salinas would participate in any discussions on the shategic plan and will assist in implementation.
Recommendation R6. lf the County effectioely exerts control of Coalition for Homeless Serz.ice Proz.;iders through the Leadership Council, then the County should clearly define the purpose afld role of the Coalition for Homeless Seruice Proaiders. lt also follows that the Coalition for Homeless Seruice Prooiders should be adequately fundcd and stffid in proportion to its leael of responsibilities with respect to securing resources and performing seroices for the county.
Response:
This recommendation has partially been implemented as the CHSP and County DSS work together and the County funds staffing for the CoC. However, the Leadership Council's authority is not always clear and CHSP too closely manages meetings and the agenda. This stifles regional dialogue and the opportunity for the Leadership Council to exert more control on the direction of the CoC and implementation of the plan.
Recommendation R7. The newly created regional leatlership body (see R2) should update and implement a regional strategic plan to end homelessness by defining its purpose, goals and assessments to measure and track progress.
Resoonse:
This recommendation has not yet been implemented. As highlighted above, the City is willing to fund its consultan! UI, to collaborate with the CoC and update the regional strategic plan to end homelessness. In additiory the City would like to work more carefully with the CHSP on measuring and tracking progress by evaluating data in the Coordinated Entry System and HMIS.
As the administrator of regional Emergency Solutions Grant funding, the City plans to continue its coordination with Monterey County DSS on funding to ensure goals and housing outcomes are being met by our collective service providers.
Recommendation R8. The strategic plan should be rmisited annually using outcome measuremeflts to eoaluate and adjust strategies for meeting goals,
Response:
This recommendation has not yet been implemented for the 1O-year regional plan. Outcomes Recommendation R5. There should be a clear clistinction betloeen gooernance of the Continuum of Care-as an integral part of the broader stntegic plan-and the leailership body charged with implementing a regional strategic plan to end homelessness.
Honorable Stephanie E. Hulsey
Re: City of Salinas's Responses to Monterey County Civil Grand Jury
should be the primary method of evaluating and adjusting strategies.
The City of Salinas does evaluate the homeless programs we fund through our Annual Action Plan and annual Consolidated Annual Performance Evaluation Report (CAPER). The Action Plan establishes our goals and objectives and is completed annually and submitted to HUD in May.
The CAPER measures and evaluates our progress in achieving the goals in the Action Plary which is submitted in October. There also is a specific measurement tool, which is integrated with HMIS reportin& which allows the City to measure outcomes of our Emergenry Solutions Grant.
Recommendation R9, Reports that assess which goals are, or are not, being met should be generated and made publicly aztailable.
Resoonse:
This recommendation has not yet been implemented for the 10-year regional plan. Other CoCs in Califomia are producing these publicly available reports utilizing the data from the Coordinated Entry System.
However, as described above the City generates its annual Action Plan and CAPE& which report on federally funded programs including the Emergency Solutions Grant for homeless services.
These reports are publicly distributed and available on the City website. The City believes that Homeless Management Information System (HMIS) data has not been used to its fullest to assess which goals are met or not.
Recommendation R10. The new regional leadership body should produce a tuansparent consolidated budget to maximize resources and identifu expenditures. All rnunicipalities should demonstrate their commitment to the regional plan to end homelessness in an equitable, or proportionate, manner.
Response:
This recommendation has yet to be implemented. The City agrees that all municipalities should demonstrate their commitment to the regional plan to end homelessness in an equitable or proportionate manner.
The City would like to clarify its understanding of the following statement on Page 10 of the Report:
I4Ihen it learned CHSP was not applying for 2017 ESG funding the City of Salinas took over the administration of Federal and State Emergency Solutions Grant Funding from CHSP. The City serves as the Administrative Entity (AE) to secure and distribute State ESG funding for Monterey and San Benito County, which amounts to 91,166,582 for over 2 years. Federal ESG amounts to $670562 over 4 years.
Clarification
Honorable Stephanie E. Hulsey
Re: City of Salinas's Responses to Monterey County Civil Grand |ury
Originally, Monterey Council Department of Social Services had agreed to administer the State ESG funding for Monterey and San Benito Counties. Monterey County as the AE was a more natural choice than the City. After the application deadline to administer State ESG funds had passed, the City leamed the County decided to back out without notifying the City or CHSP. At that point, the City worked with CHSP and the State to extend the deadline and apply as the Administrative Entity (AE). The City completed the application with the approval of the CoC and began administering the grant in FY1G17.
The City is committed to implementing a regional approach to end homelessness and continuing its active involvement in the CoC and on the Leadership Council. The City has invested significantly in strategies that have been proven in ending homelessness. Thank you for the opportunity to respond to the Civil Grand Jury's Report on this issue.
Respectfu lly submitted,
oe Gunter
Mayor
City Manager
City Attomey
Community Development Director
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-352, Version: 1
Modification to the Classification - Salary Schedule, Workforce Allocation Adjustment, and Reclassification
Approve a Resolution modifying the Classification - Salary Schedule to reflect 1) the classification of Community Service Aide; 2) retitle the existing Senior Information Technology Analyst to Business Systems Analyst; 3) adjust the salary range for Police Services Administrator; 4) add a Public Service Maintenance Crew Supervisor to replace a Street Light/Traffic Signal Crew Supervisor; and 5) reclassify the incumbent Word Processing Operators to Community Service Aides and 6) reclassify the incumbent Motor Sweeper Operators to Public Service Maintenance Worker III.
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: June 14, 2022
DEPARTMENT: HUMAN RESOURCES
FROM: Marina Horta-Gallegos, Human Resources Director TITLE: MODIFICATION TO THE CLASSIFICATION – SALARY
SCHEDULE, WORKFORCE ALLOCATION ADJUSTMENT, AND
RECLASSIFICATION
RECOMMENDED MOTION:
It is recommended that the City Council approve a Resolution modifying the Classification – Salary Schedule to reflect 1) the classification of Community Service Aide; 2) retitle the existing Senior Information Technology Analyst to Business Systems Analyst ; 3) adjust t he salary range for Police Services Administrator; 4) add a Public Service Maintenance Crew Supervisor to replace a Street Light/Traffic Signal Crew Supervisor ; and 5) reclassify the incumbent Word Processing Operators to Community Service Aides and 6) reclassify the incumbent Motor Sweeper Operators to Public Service Maintenance Worker III.
RECOMMENDATION:
Staff recommends that the City Council approve the attached Resolution modifying the Classification – Salary Schedule to include the Community Service Aide and Business Systems Analyst classifications, adjust the salary range for the Police Services Administrator, add a Public Service Maintenance Crew Supervisor to replace the vacant Street Light/Traffic Crew Supervisor, and reclassify the incumbent Word Processing Operators and Motor Sweeper Operators.
BACKGROUND:
The Council previously approved two information technology positions through the FY 21 -22 budget process. After meeting with the Information Technology Division, it was determined that the appropriate classification is a Business Systems Analyst. This position will perform technical and administrative activities that support deployment, configuration, and usage of our municipal business application systems. Staff recommends reti tling the Senior Information Technology Analyst to Business Systems Analyst.
The Community Service Aide is a n entry level position in the Community Service Officer series that will provide technical police support in the front office and in the field as needed. This position will assist with telephone or in -person reports of criminal incidents, processing online reports, data entry and general clerical tasks, among other things. The Police Services Page | 2
Administrator classification was reactivated this fiscal year. It is recommended that the salary range be adjusted from $12,182 top step to $10,622 top step based on th e level of authority, span of control, and changes in staffing, among other things.
Staff recommends adjusting the workforce for the Public Works Department to reflect one additional Public Service Maintenance Crew Supervisor to replace the vacant Street Light/Traffic Crew Supervisor. The critical functions of this vacant classification can be performed by a Public Service Maintenance Crew Supervisor and would allow for promotional opportunities within the Department.
Lastly, staff recommends reclassification of the incumbent Word Processing Operators and Motor Sweeper Operators to Community Service Aides and Public Service Maintenance Worker III, respectively. The reclassifications would be effective the pay period inclusive of July 1, 2022 and follow the meet and confer process with the respective bargaining units.
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:
The proposed action meets the Effective and Culturally Responsive Government Council goal within the 2022-2025 Strategic Plan.
DEPARTMENTAL COORDINATION:
The Human Resources Department coordinated with the Finance, Police, and Public Works Departments in this effort.
FISCAL AND SUSTAINABILITY IMPACT:
All the positions are budgeted for the next fiscal year. The reclassifications and Crew Supervisor adjustments are cost neutral. No additional fiscal impact is anticipated.
ATTACHMENTS:
Resolution
Benefit
Group Grade Position
Step 1
Hourly
Step 1
Monthly
Step 2
Hourly
Step 2
Monthly
Step 3
Hourly
Step 3
Monthly
Step 4
Hourly
Step 4
Monthly
Step 5
Hourly
Step 5
Monthly
Step 6
Hourly
Step 6
Monthly
15 Police Services Administrator 48.0121 8,322 50.4092 8,738 52.9347 9,175 55.5750 9,633 58.3572 10,115 61.2811 10,622 26 Business Systems Analyst 32.5731 5,646 34.1943 5,927 35.9020 6,223 37.6962 6,534 39.5885 6,862 41.5731 7,206 26 Community Service Aide 18.9963 3,293 19.9462 3,457 20.9413 3,630 21.9881 3,811 23.0865 4,002 24.2429 4,202 Page | 3
RESOLUTION NO. _________ (N.C.S.)
RESOLUTION APPROVING MODIFICATION TO THE
CLASSIFICATION - SALARY SCHEDULE AND WORKFORCE ALLOCATION
ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF SALINAS that the Classification - Salary Schedule previously adopted by the City Council by Resolution is hereby amended to reflect 1) the classification of Community Service Aide; 2) retitle the existing Senior Information Technology Analyst to Business Systems Analyst; 3) adjust the sal ary range for Police Services Administrator; 4) add a Public Service Maintenance Crew Supervisor to replace a Street Light/Traffic Signal Crew Supervisor; and 5) reclassify the incumbent Word Processing Operators to Community Service Aides and 6) reclassify the incumbent Motor Sweeper Operators to Public Service Maintenance Worker III.
PASSED AND APPROVED this 14th day of June 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#22-358, Version: 1
a. Real Property Negotiations - California Government Code section 54956.8, conference with real property negotiators City Manager Steven S. Carrigan, City Attorney Christopher A. Callihan, Community Development Director Megan Hunter, and Sr. Economic Development Manager Andrew Myrick, to discuss the terms and sale of real property located at 1 Preston Street, APN 003161008000.
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