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AGREEMENT WITH TRUE NORTH COMPLIANCE SERVICES, INC.
FOR PROFESSIONAL CONSULTANT SERVICES
FOR
ON-CALL BUILDING SUPPORT SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and TRUE NORTH COMPLIANCE SERVICES, INC., a California Corporation (“CONSULTANT”), whose address is 3939 Atlantic Ave., #224, Long Beach, CA 90807.
RECITALS:
A. CITY desires certain on-call building support service services hereinafter described.
B. CITY desires to engage CONSULTANT to provide these on-call building support services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - SCOPE OF SERVICES
The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A to this Agreement, attached and incorporated by reference.
SECTION 2 - DUTIES OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.
CONSULTANT represents that it is qualified to furnish the services described under this Agreement.
CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.
CONSULTANT agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.
CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.
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SECTION 4 - TERM
The services to be performed under this Agreement shall commence on July 1, 2026 and be completed on June 30, 2031.
SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount not to exceed of $1,000,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.
SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.
Upon termination and upon CITY's payment of the amount required to be paid, documents become the property of CITY, and CONSULTANT shall transfer them to CITY upon request without additional compensation.
SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not.
SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release.
SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
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SECTION 10 - CONSULTANT'S STATUS
It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.
SECTION 11 - INDEMNITY
CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s performance of this Agreement, except those claims arising out of CITY’s sole negligence or willful misconduct. CONSULTANT agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. The CONSULTANT’S duty to indemnify shall survive expiration or early termination of this Agreement.
SECTION 12 - INSURANCE
CONSULTANT shall procure and maintain for the duration of the contract and three years thereafter (five years for building or major improvements) the insurance specified in Exhibit C to this Agreement.
SECTION 13 - NON-ASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY.
SECTION 14 - RELIANCE UPON PROFESSIONAL
SKILL OF CONSULTANT
It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.
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SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 16 - SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
SECTION 17 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
SECTION 18 - NON-DISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.
SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.
SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: Mike Titsworth
City of San Mateo
330 W. 20th Ave
San Mateo, CA 94403
To CONSULTANT: True North Compliance Services, Inc
Attn: Isam Hasenin
3355 E. Spring Street, # 302
Long Beach, CA 90806
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.
This document may be amended only by written instrument, signed by both CITY and CONSULTANT.
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SECTION 23 - CONFLICTS
In the event of any conflict between the provisions of this Agreement and any other referenced exhibit or document attached to this Agreement, the language and terms of this Agreement shall control.
SECTION 24 - AUTHORITY TO ENTER INTO AGREEMENT
CONSULTANT has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY OF SAN MATEO and TRUE NORTH COMPLIANCE SERVICES, INC. have executed this Agreement the day and year first above written.
CITY OF SAN MATEO
CONSULTANT
Zachary Dahl
Community Development Director
Date Isam Hasenin
Its Authorized Agent
President,
TRUE NORTH COMPLIANCE SERVICES,
INC
Date
APPROVED AS TO FORM
Mazarin Vakharia
Assistant City Attorney
Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Fee Rates
Exhibit C: Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
Scope of Services
Consultant offers the full range of development review & inspection services for Building, Planning, Fire and Engineering departments ranging from plan review to inspection and permit technician services and other related services. We have the depth and breadth of resources to perform any and all of the following services:
a. Building Plan Review Services: Consultant will provide plan review in compliance with the City of San Mateo’s Municipal Code, all applicable federal and state laws and regulations and the City’s Building Safety Division plan review standards and policies. Our plan review covers the following:
i. California Building Code
ii. California Residential Code
iii. Structural Engineering Plan Review will be performed by licensed or graduate Civil or Structural Engineers
iv. Title 24 Energy
v. California Mechanical Code
vi. California Plumbing Code
vii. California Electrical Code
viii. Disabled Access- CASp plan review and/or site surveys, inspections and reports. ix. Green Building and Energy Conservation
x. OSHPD-3 reviews and certification
xi. California Fire Code
xii. California Title 25
xiii. Preliminary review of discretionary applications (Conditional-Use Permits and conditions of Approval) for significant code compliance issues that may impact the overall design and planning approval of the project. xiv. Review of Floodplain provisions where required.
xv. Review of soils conditions and other geotechnical hazards such as fault zones, liquefactions, etc.
xvi. Civil Engineering (grading, drainage, National Pollutant Discharge Elimination System (NPDES), MWELO, and Low Impact Development (Hydromodification); Sustainable Use Standard Mitigation Program (SUSMP), permit requirements related to the Management Stormwater System (MS4 permit). xvii. Review/recommendations for Alternate Materials and Methods Requests (AMMR).
xviii. Code adoption, Local Amendments and Ordinances.
b. Inspection Services: Consultant has the capabilities to provide inspection and reinspection for compliance with all applicable codes, standards and regulations including: California Building Code; California Residential Code; California Plumbing Code; California Mechanical Code; California Electrical Code; California Fire Code; California Energy Code; California Green Building Standards Code; California Disabled Access Regulations; California Title 25, Mobile Home Parks, Professional Consultant Services Page 9 of 14
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as locally adopted and amended. Our inspection staff is certified by the International Code Council or other appropriate entities in accordance with AB717 and possess many years of building code inspection experience with a municipality or a private municipal consultant. Our inspectors have extensive construction and trade experience in addition to their Code knowledge, allowing for a practical approach to applying Code provisions during the inspection process.
c. Building Official Services: When requested, Consultant will provide a qualified certified and experienced Building Official. The individual will report to the San Mateo Community Development Director and provide supervision and direction to the Building & Safety Division staff, code administration and interpretations, develop policies and ordinances, interface with customers, City staff and elected officials, and perform related administrative functions as assigned.
d. Counter & Administrative Services: Consultant will provide technical support and application of City policies, methods and practices to support professional engineering, plan review, planning, and building and safety staff Consultant has knowledge of construction terms and operations, development and building codes required to process plans and permits along with government functions and processes. Review permit application for completeness, perform fee calculations, route plans, verify approvals and conditions and issue permits. Use the City’s permitting system to file permit applications, calculate fees, research zoning and planning requirements, enter approvals and route plans to appropriate divisions and departments. Maintain communications with applicants, interested parties, property owners, homeowner associations, various governmental agencies, and other City departments. Respond to inquiries about projects from residents and applicants.
e. Code Enforcement Services: Consultant has the capabilities to provide Code Enforcement and Housing services and assist the City of San Mateo in the enforcement of applicable Zoning codes, Building codes, Housing codes, public nuisance codes and State health & safety codes.
Our Code Enforcement Officers have extensive experience and capabilities in the following areas: Code enforcement program review and analysis; Code enforcement inspections; Preparing administrative remedies including administrative citations; Conducting administrative hearings; Preparing program documentation and staff reports as well as committee or Council presentations; Testifying on behalf of clients in criminal court; License and permit application review and processing; Coordination of activities with multiple departments including Building, Planning, Community Development, Police and City Attorney; Providing information on municipal regulations to property owners, residents, businesses, the general public, as well as to other departments and divisions.
f. CASp Services: Consultant will provide a certified CASp professional to review plans, perform site visits and meet with the public and City staff to discuss projects related to State and Federal Accessibility compliance.
g. Fire Plan Review & Inspection Services: Consultant has the capabilities to provide plan review and/or inspection for the State regulated occupancies such as private schools and clinics (OSHPD 3), to determine compliance with City and State codes and regulations including but Professional Consultant Services Page 10 of 14 Rev 5/25
not limited to locally adopted fire related ordinances and amendments of the local Municipal Code; California Fire Code; California Building Code; California Residential Code; California Title 19, California Wild Land Urban Interface regulations, review for fire apparatus access, water supply requirements, fire flow requirements, etc. Typically, fire review will include review of building plans for code compliance, as well as review of fire plans (fire sprinkler systems, fire alarm systems, NFPA standards, etc.)
h. City Engineering Services: Consultant has the capabilities to provide plan review and inspection of Civil/public improvements projects from one small lot to large subdivisions. Our experts bring an extensive history of review of a broad range of projects in all engineering/civil disciplines such as review of grading, subdivision and topographic maps; examining existing and proposed contour lines, spot elevations, pad and finish floor elevations; review of hydrology reports and maps; review of low impact development measures to comply with the requirements of NPDES; review of erosion and sediment control plans for proposed BMPs. Our licensed land surveyors have extensive experience in reviewing tentative and final maps, lot line mergers, lot line adjustments, certificate of compliance, dedications, vacations, and easements.
i. Planning Services: Consultant has the capabilities to provide Planning, Zoning and Environmental services. Our staff serve as an extension of City staff and function as the project manager on assigned planning projects while protecting the interests of the City and its residents throughout the life of each assigned development project. This could include managing projects from the planning entitlement phase through construction; Perform technical review and evaluation of a wide variety of land development, subdivision, building permit and use permit applications; Process development applications in accordance with local policies and ordinances, make recommendations, and enforce mitigation monitoring and compliance with City ordinances; Prepare written project analyses and reports including identifying appropriate land use policy, design, fiscal issues and environmental requirements; Conduct site inspections to determine if projects are in compliance with laws, regulations, conditions of approval, ordinances, and make recommendations regarding changes; Prepare and update various planning documents such as the City’s General Plan, Specific Plans, ordinances, resolutions, codes, and related planning studies and reports; Provide technical advice and make clear, well organized presentations
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EXHIBIT B
FEE RATES
PLAN REVIEW SERVICES
Consultant will charge a percentage of the Plan Review Fees collected by the City as follows. Our fee covers the initial review, and all rechecks. as well as all shipping and delivery of plans to/from City Hall.
Expedited Plan Services: 1.4 x the plan check fees below.
Revisions/Deferred Submittals/RFIs: Hourly per the Table below.
Plan Review Fees
Construction Valuation Fee (Compensation as a percentage of City collected plan Review Fee
$1.00-$1,000,000 65%
$1,000,001- $5,000,000 62%
$5,000,0001- $10,000,000 57%
Over $10,000,001 52%
Additional Services: The following hourly rate table applies to on-site staffing services and/or additional services included in our Scope of Services that may be required by the City of San Mateo.
Our hourly rates are all-inclusive and include salaries, overhead, benefits, PTO, etc.
Hourly Rates for Additional Services
Position Hourly Rate
Interim Certified Building Official $165.00
Plan Review Engineer $135.00
Senior Plan Review Engineer $150.00
Structural Engineer I $140.00
Structural Engineer II $155.00
Licensed Fire Protection Engineer $150.00
Certified Plans Examiner I $110.00
Certified Plans Examiner II $125.00
Building/Housing Inspector I $110.00
Building/Housing Inspector II $120.00
Senior Building/Housing Inspector $135.00
Code Enforcement Officer $105.00
Senior Code Enforcement Officer $130.00
CASp Plan Reviewer/Inspector $135.00
Fire Plan Reviewer/Inspector I $125.00
Fire Plan Reviewer/Inspector II $140.00
Grading/Public Improvements Plan Review Engineer I $135.00 Grading/Public Improvements Plan Review Engineer II $155.00 Arborist Reviewer I $145.00
Arborist Reviewer II $165.00
Planner $145.00
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Senior Planner $165.00
Principal Planner $180.00
Permit Technician I $80.00
Permit Technician II $95.00
Administrative Assistant $70.00
- Overtime for on-site staffing will be charged at 140% of the rates above. - Mileage for tasks related to requested scope such as inspections or site visits will be charged at the current IRS mileage rate measured from City Hall.
- Inspections outside of the City’s business hours will be charged at 140% of rates above with a 3- hour minimum.
- Incidental expenses will be charged at cost.
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EXHIBIT C
INSURANCE REQUIREMENTS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONSULTANT; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the CONSULTANT’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents 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 after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.
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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 effect 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.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
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.
Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the 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.