AwardofcontractTelecomccmtg7-25-22(klk)
CITY OF SIMI VALLEY
MEMORANDUM
J
uly 25, 2022
TO
: City Council
F
ROM: Department of Environmental Services
SUBJECT: AWARD OF CONTRACT FOR PROFESSIONAL WIRELESS
TELECOMMUNICATIONS PE RMIT APPLICATION REV IEW
SERVICES, RFP NO. ES 22-02
STAFF RECOMMENDATION
It i
s recommended that the City Council award the attached three-year contract (page 4) with Telecom Law Firm , P.C. (Telecom), for an amount not to exceed $100,000, for professional wireless telecommunications permit application review services; and authorize the City Manager or his designee to extend the contract for an additional two- year term.
BACKGROUND AND OVERVIEW
S
ince 2009, the City has utilized Telecom as the City ’s consultant for wireless telecommunication facility application review services. Telecom ’s analysis has included the evaluation of stealth antenna design, radio frequency propagation, and signal emission reports that underlay most site applications . Services also ensure that the applicant is in compliance with federal and state telecommunications laws, implementing rules, and case law. The current contract with Telecom expired on June 30, 2022.
FINDINGS AND ALTERNATIVES
O
n April 27, 2022, staff issued a Request for Proposals (RFP) for professional wireless telecommunication facility application review services. The RFP was sent directly to five potential vendors and posted on the City’s website. On May 27, 2022, proposals were received from four firms: Telecom, Best Best & Krieger Attorneys at Law, Gunnerson Consulting & Communications Site Services, and Center for Municipal Solutions.
S
taff evaluated the proposals using the following criteria:
• D
emonstrated knowledge, professional skills, and credentials of the assigned staff (25%);
• The general quality of the proposal submitted (15%);
• Related experience and references (40%); and
• The proposed approach to providing wireless telecommunications permit application review services (20%).
AGENDA ITEM NO.
Consent (3)
AwardofcontractTelecomccmtg7-25-22(klk)
Telecom was ranked as the most q ualified proposer and their cost proposal was reasonable. Their proposal demonstrated a superior understanding of the scope of work that is supported by a committed highly -qualified staff to perform the review services .
Additionally, Telecom has over twenty (20) years of project planning and support service experience, which includes thousands of cell site application reviews and recommendations.
The anticipated billing total is approximately $100,000 for the term of the contract. The aggregate contract amount including the two-year extension will result in a not-to-exceed amount of $1 66,667, amounting to approximately $33,333 per year.
Funding for these
services is provided by applicant/developer deposits.
The following alternatives are available to the City Council:
1. It is recommended that the City Council award the attached t hree-year contract with Telecom Law Firm, P.C. (Telecom), for an amount not to exceed $100,000, for professional wireless telecommunications permit application review services; and authorize the City Manager or his designee to extend the contract for an additional two- year term.
2. Provide staff with other direction
Staff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I move to award the three-year contract to Telecom Law Firm, P.C. in an amount not to exceed $100,000 for professional wireless telecommunications permit application review services and authorize the City Manager or his designee to extend the contract for an additional two-year term.
SUMMARY
On May 27, 2022, Telecom submitted a responsive and competitive proposal to provide professional wireless telecommunications permit application review services for the City, and was found to be the most qualified. The current contract expired on June 30, 2022.
The proposed contract is for a term of three years and a not -to-exceed amount of $100,000, with an option to extend for an additional two- year term . The aggregate contract amount including the two-year extension will result in a not-to-exceed amount of $166,667, amounting to approximately $33,333 per year. Staff recommends that the City Council award the attached three- year contract to Telecom for these services, and authorize the City Manager or his designee to extend the contract for an additional two- year term with the necessary funding.
____________________________________
Stratis Perros
Environmental Services Director
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Prepared by: Christie Porter, Management Assistant
INDEX Page
Contract ........................................................................................... 4 3 AwardofcontractTelecomccmtg7-25-22(klk)
CONTRACT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SIMI VALLEY AND TELECOM LAW FIRM,
P.C. TO PROVIDE FOR PROFESSIONAL WIRELESS
TELECOMMUNICATIONS PERMIT APPLICATION REVIEW
SERVICES, SPECIFICATION NO. ES 22-02
THIS CONTRACT is made and entered into in the City of Simi Valley on this 25
th day of July 2022, by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and TELECOM LAW FIRM, P.C. , a Corporation, hereinafter referred to as CONSULTANT.
RECITALS
WHEREAS, on April 27, 2022, CITY requested proposals for the provision of Wireless Telecommunications Permit Application Review Services; and
WHEREAS, pursuant to such request, CONSULTANT submitted a proposal, which was accepted by CITY for the services.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
AGREEMENT
1. Recitals. The foregoing recitals are true and correct and are a part of this CONTRACT.
2. Term
. The term of this CONTRACT shall be from July 25, 2022 through June 30, 2025. This CONTRACT may be extended up to one (1) additional two (2)-year term upon mutual written consent of the City Manager and CONSULTANT.
It is understood that CONSULTANT ’S work under the Work Orders issued may not be completed within the term of this CONTRACT; however, all terms and conditions of the CONTRACT including all rights and obligations, shall survive until the work is completed, except the CITY’S right to issue, and CONSULTANT’S right to accept, additional Work Orders and/or Purchase Orders.
3. Description of Services . The services to be performed by CONSULTANT are as follows: Professional Wireless Telecommunications Permit Application Review services to provide a review of developer -submitted wireless telecommunications applications; and a review of developer-submitted plans.
CONSULTANT agrees to perform the services more specifically set forth in the “Scope of Work” attached hereto and incorporated herein as Exhibit “A”.
CONSULTANT will meet with CITY at least monthly to discuss the anticipated tasks planned for the month and to receive direction from CITY regarding same.
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4. Compensation and Payment.
A. The total compensation payable to CONSULTANT by CITY for services under this CONTRACT shall not exceed the sum of $100,000 (the “Not-To- Exceed Amount”), and shall be earned as the work progresses. Payment will be made based on the rates contained in the “Schedule of Fees” as set forth in Exhibit “B” attached hereto and incorporated herein. CONSULTANT acknowledges that CONSULTANT is not guaranteed to receive the Not -To-Exceed Amount or any particular or minimum amount of compensation or work under this CONTRACT.
B. After CONSULTANT has performed the services as specified in this CONTRACT, CITY shall be obligated to pay CONSULTANT based upon the actual CITY-authorized services received by CITY at the rates established as a part of this CONTRACT. In no ev ent shall the total amount paid exceed the CONTRACT Not -to- Exceed Amount unless otherwise agreed to by the parties in writing.
C. Payments to CONSULTANT shall be made within 30 days after receipt of an original invoice from CONSULTANT and acceptance of the services by CITY provided, however, that CONSULTANT’S invoice does not exceed the total amount deposited by the developer into CITY trust for that particular project. In the event CITY fails to process and pay an invoice within such 30 day period, it will not be liable for any interest or finance charge arising out of such delinquency. .
D. CONSULTANT shall provide CITY with written verification of the actual compensation earned, which written verification will be in a form satisfactory to CITY. Invoic es shall include the work performed including a list of hours worked by personnel.
5. CONSULTANT’s Representations and Obligations
.
A. CONSULTANT shall perform as required by this CONTRACT.
CONSULTANT also warrants on behalf of itself and all subcontractors engaged for the performance of this CONTRACT that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.
B. CONSULTANT shall obey all Federal, State, local, and special district laws, ordinances, and regulations.
C. CONSULTANT agrees to abide by CITY’s Business Tax
Ordinance, of which proof of payment must be obtained prior to performance of this CONTRACT.
D. CONSULTANT acknowledges CITY may contract with other parties for the performance of services or supplemental services as they relate to the work during the term of this CONTRACT.
E. CONSULTANT shall keep a record of the total amount
deposited by the developer for each project. Work shall not begin prior to receiving a work order for each application, which will reflect the total amount of said developer deposit. Additionally, CONSULTANT shall keep a tally of the cost for the work ordered 5 AwardofcontractTelecomccmtg7-25-22(klk)
by CITY. CONSULTANT shall not accept work directives from the CITY if the cost for the work will exceed the amount indicated above unless otherwise agreed to by the parties in writing. CONSULTANT shall submit a separate, original invoice for each project application to: [email protected]
.
F. CONSULTANT shall not make any changes to a project team assigned to a project without prior written approval from the CITY.
6. Audit.
A. At any time during normal business hours and as often as the CITY may deem necessary, CONSULTANT shall make available to CITY for inspection its records pertaining to this CONTRACT. CONSULTANT shall permit CITY to audit, examine and/or reproduce such records. CONSULTANT will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least (2) years after termination or final payment under this CONTRACT. This paragraph shall survive for two (2) years after termination of this CONTRACT.
B. CITY shall have the option of inspecting and/or auditing all records and other written materials used by CONSULTANT in preparing its statements to CITY as a condition precedent to any payment to CONSULTANT.
7. Hold Harmless and Indemn ification. To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.8), CONSULTANT shall defend, and provide legal defense with attorney(s) acceptable to CITY, indemnify, and hold harmless the CITY, its agents, officials, officers, representatives, and employees, (collectively “Indemnitees”) from and against all claims, lawsuits, liabilities or damages (including, without limitation, injury to or death of an employee of CONSULTANT or its sub- consultant), expense and liability of every kind, nature and description (including, without limitation incidental and consequential damages, court costs, attorney’s fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of litigation) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, any sub- consultant, anyone directly or indirectly employed by them, or anyone that they control.
To the extent there is an obligation to indemnify under this Section of this CONTRACT; CONSULTANT shall be responsible for incidental and consequential damages resulting from CONSULTANT’S negligence, recklessness, or willful misconduct. The provisions of this Section survive completion of the services or the termination of this CONTRACT.
The provisions of this Section are not limited by the provisions of this CONTRACT relating to insurance. CONSULTANT shall thoroughly investigate any and all claims subject to the provisions of this Section, and indemnify the CITY and do whatever is necessary to protect any and all Indemnitees.
8. Amendments. Any amendment, modification, or variation from the provisions of this CONTRACT shall be in writing and shall be effective only upon mutual written approval by the Environmental Services Director and CONSULTANT.
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9. Anti-Discrimination. In the performance of the terms of this CONTRACT, CONSULTANT shall not engage in, nor permit subcontractors to engage in, discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, mental disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735.
10. Personal Services. This Agreement is for professional services, which are personal to CITY. Dr. J onathan L. Kramer, Esq. is deemed to be specially experienced and is a key member of CONSULTANT’S firm, and shall be directly involved in performing, supervising, or assisting in the performance of this work. This key person shall communicate with, and periodically report to, CITY on the progress of the work.
Should any such individual be removed from assisting in this contracted work for any reason, CITY may terminate this CONTRACT.
11. Termination. If, during the term of this CONTRACT, CITY determines that CONSULTANT is not faithfully abiding by any term or condition contained herein, CITY may notify CONSULTANT in writing of such defect or failure to perform. The notice must give to CONSULTANT a ten (10) day period of time thereafter in which to perform the work or cure the deficiency. If CONSULTANT has not performed the work or cured the deficiency within the ten (10) days specified in the notice, such failure shall constitute a breach of thi s CONTRACT, and CITY may terminate this CONTRACT immediately by written notice to CONSULTANT. In addition, CITY, if it terminates this CONTRACT for cause, may withhold as an offset from payments due CONSULTANT damages occasioned by such breach, including liquidated damages, if so provided herein. The CITY shall be liable to CONSULTANT only for those fees accrued by CONSULTANT to the date CONSULTANT receives the notice of termination. In no event, however, shall CONSULTANT be entitled to receive in excess of the CONTRACT amount.
12. Delivery of Reports in Cases of Termination. If this CONTRACT is terminated pursuant to any of the provisions contained hereinabove, and if requested to do so in writing by the CITY, CONSULTANT shall, within fourteen (14) calendar days after receipt of such written request, deliver and turn over to the CITY all of its preparation and work on the project which were done to the date of the receipt of the notice of termination. The terms "preparation" and "work" as used in this paragraph, shall refer to and include all data and materials of whatever type that have been gathered by CONSULTANT, and contemplated to be used or actually used, in the provision of the services as specified in this CONTRACT.
13. Complete CONTRACT . Th is CONTRACT and its accompanying exhibits shall constitute the complete CONTRACT between the parties hereto. No verbal agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such verbal agreement, understanding, or representation be binding upon the parties hereto.
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14. Independent Contractor. It is expressly understood between the parties to this CONTRACT that no employee/employer relationship is intended.
CONSULTANT is not an agent or employee of the CITY and it is not entitled to participate in any pension plan, insurance or other benefits CITY provides for its employees.
CONSULTANT is an independent contractor in performing the Services required under this CONTRACT and will have control of all work and the manner in which it is performed.
Any provision of this CONTRACT that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work required herein or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to the results of the work only.
15. Time of Performance. Time is of the essence in this CONTRACT.
16. Insurance. CONSULTANT shall, at CONSULTANT’S sole cost and expense, provide insurance as contained in Exhibit “C”, incorporated herein.
CONSULTANT shall not commence work on the Services to be performed, until it submits proof of all insurance coverage as required.
17. Ownership of Reports and Data . The origin als of all studies, reports, exhibits, documents, data and other work or materials prepared for, or used to comply with any term of this CONTRACT, plus any copies of same required by this CONTRACT to be furnished to the CITY by any of the other party(ies) with whom CONSULTANT may have contract(s) pertaining to this project, shall be deemed to be public records open to inspection by the public and, as such, to be and remain the property of the CITY.
18. Conflict of Interest. Neither CONSULTANT nor any em ployees, agents, or subcontractors of CONSULTANT who will be assigned to this project, to the best of CONSULTANT'S knowledge, own any property or interest in properties, business relationships, or sources of income which may be affected by the performance of this CONTRACT. Should one party hereto learn of any such interest, income source, or business relationship, such fact shall immediately be brought to the attention of the other party hereto. If the parties thereupon cannot mutually agree upon a means to eliminate the conflict, CITY may terminate the CONTRACT immediately for non- performance pursuant to Section 11 herein.
In accordance with California Government Code Section 87306, CONSULTANT shall provide, if requested by CITY, a Conflict of Interest Statement, Form 700 no later than 30 days after execution of this CONTRACT, and annually thereafter prior to April 1st of each year for the duration of the CONTRACT. Failure to file any of the required statements will result in withholding payment for services rendered.
19. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without the prior written consent of the other party, and any such assignment without said consent shall be void.
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20. Authority to Execute CONTRACT. Both CITY and CONSULTANT do covenant that each individual executing this CONTRACT on behalf of each party is a person duly authorized and empowered to execute contracts for such party.
21. Jurisdiction and Venue . Jurisdiction is in an appropriate court in the State of California and venue lies in Ventura County, and the parties do not consent to arbitration. In the event of any dispute, each party shall bear its own fees and costs (including attorneys’ fees). This CONTRACT shall be governed by California law, without regard to conflict of law principles.
22. Non-Appropriation of Funds . Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this CONTRACT shall cover only those costs incurred up to the conclusion of the current fiscal year.
23. Taxpayer Identification Number . CONSULTANT shall provide CITY with a complete Request for Taxpayer Identification Number and Certification, form W-9 (latest revision), as issued by the Internal Revenue Service.
24. Permits and Licenses. CONSULTANT, at its sole cost and expense, shall obtain and maintain during the term of this CONTRACT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of this CONTRACT.
25. Waivers. The waiver by one party of any term or condition of this CONTRACT, or any breach thereof, shall not be construed to be a general waiver by the party or as a waiver of any other term or breach.
26. Statement of Experience. CONSULTANT warrants that it will perform its Services with at least the due care, diligence and expertise generally accepted in its industry. CONSULTANT also understands and agrees that it is being employed to perform the Services provided for by this CONTRACT because of CONSULTANT’S professed expertise and experience in performing such Services. In addition, CONSULTANT understands and agrees that while CITY or CITY’S officers, employees, agents or volunteers may elect to do so, they have no duty to review, inspect, monitor, or supervise the work performed by CONSULTANT pursuant to this CONTRACT. As a consequence, CONSULTANT waives any right of contribution against CITY or any of CITY’S officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by CONSULTANT pursuant to this CONTRACT.
27. Notices. All written notic es required by, or related to this CONTRACT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this CONTRACT shall refuse to accept such mail; the parties to this CONTRACT shall promptly inform the other party of any change of address. All notices required by this CONTRACT are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each party to this CONTRACT is as follows:
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CITY Department of Environmental Services
City of Simi Valley
Attn: Environmental Services Director
2929 Tapo Canyon Road
Simi Valley, CA 93063
Staff Contact: Caesar Hernandez, Associate Planner
[email protected]
(805) 583-6869
CONSULTANT Telecom Law Firm, PC
Attention: CLIENT NOTICES
3570 Camino del Rio N., Suite 102
San Diego, CA 92108
Dr. Jonathan L. Kramer, Esq.
(310) 312-9900
[email protected]
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
Attest: City of Simi Valley, A Municipal
Corporation
By:
Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California
Approved as to Form: TELECOM LAW FIRM, P.C.
By:
David L. Caceres, City Attorney
Print Name: Dr. Jonathan L. Kramer, Esq.__
Approved as to Content: Title: President and Senior Partner_______
Brian Paul Gabler, City Manager
Carolyn Johnson
Administrative Services Director
Stratis Perros
Environmental Services Director
10 AwardofcontractTelecomccmtg7-25-22(klk)
EXHIBIT “A”
SCOPE OF WORK
CONTRACT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SIMI VALLEY AND TELECOM LAW FIRM,
P.C. TO PROVIDE FOR PROFESSIONAL WIRELESS
TELECOMMUNICATIONS PERMIT APPLICATION REVIEW
SERVICES, SPECIFICATION NO. ES 22-02
Under the direction of the Deputy Environmental Services Director/City Planner (City), Telecom Law Firm, P.C. (Consultant) will:
A. Application Review.
1. Wireless Communications Facility Application Reviews . At the City’s request, Consultant shall review wireless communications facility applications and provide the City with a written analysis as described below:
2. Memorandum/Memoranda Content.
a. Incomplete Memorandum. Upon receipt of an application by Consultant directly from the City, Consultant will evaluate and identify whether any items that are required in the City's wireless application are not completed by the applicant. If there are incomplete items, then Consultant will send the City an "Incomplete Memorandum" on their letterhead in PDF format by email within:
i. N ine (9) calendar days for an initial review of a wireless application that is submitted by the applicant as a small wireless facility; or
ii. T wenty-one (21) calendar days for an initial review of a wireless application that are submitted by the applicant in a category that is not a small wireless facility; or
iii. N ine (9) calendar days for a resubmittal review of a wireless application that was already deemed incomplete and is back with revisions.
b. Project Memorandum.
Once an application is determined by the City or deemed by operation of law to be complete, Consultant will send the City a Project Memorandum on our letterhead in PDF format by email addressing, as applicable:
i. Identify the regulatory classification under which the project should be processed, specifically, Section 332(c) for new sites; modifications to existing si tes not subject to Section 6409( a); Section 6409(a) modifications; Small Wireless Facility installations; 11 AwardofcontractTelecomccmtg7-25-22(klk)
AB 2421 generator permit; new wireless site; enforcement of prior wireless permit non -compliance issues, etc.; whether the application involves a significant gap in the applicant’s services;
ii. Discuss design matters, if any, that may reduce the impact of the proposed site configuration;
iii. Discuss whether the applicant proposes the least intrusive means or similar as part of an alternative sites analysis to achieve its identified technical purpose for projects that are permitted that analysis under federal regulations;
iv. R eview emergency standby power generator applications; analyze proposal under AB 2421 requirements including without limitation to those elements set out in the law, as well as whether the existing site has a legal existence (a requirement of AB 2421);
v. Compliance with applicable municipal code regulations, including Ordinance No. 1297 (Simi Valley Municipal Code Title 5- 35, et seq.), including required findings and special approval findings;
vi. E valuate time, place, and manner considerations for wireless sites located in the City's Public Right of Way and as applicable on public and private property;
vii. Assess the planned compliance with federal radio frequency exposure guidelines established by the Federal Communications Commission;
viii. Identify potential feasible or available alternative locations and/ or designs;
ix. Identify potential ADA and inverse condemnation issues, if any, based on the plans as submitted, and;
x. D etermine any other wireless site-related issues that Consultant, in its experience and opinion, believes to be relevant or helpful to the City's review of the wireless application.
3. Memorandum Revision. At City's request, without any additional fee, Consultant shall prepare one revision or follow-up to the Incomplete or Project Memorandum for up to two resubmittals of the application. All subsequent/additional revisions or follow-ups are charged on an hourly basis.
4. Project Consultations.
a. Consultant will provide up to one (1) hour per project of consultatio n time on the telephone, video link, or through e-mail with the City and, if requested by the City, the applicant on matters related to the wireless siting application.
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b. Beyond one (1) hour, additional consultation electronically, telephonically, video link, or in person shall be subject to hourly fees, and any such hourly consultation shall require the prior approval of the City.
c. It is understood by the City and Consultant that every wireless project is unique as to location and design, and some projects may not proceed all the way to an approval or denial, or the project at a given location may be moved by an applicant to a different location, each of which may necessitate an entirely new project review under a separate fee at Consultant’s option.
B. Attendance of Meetings. As requested by the City, Consultant will attend in-person meetings and public hearings in person, by telephone, or by video, subject to Consultant’s availability. In-person meeting attendance includes travel time from the nearest office of Consultant to and from the City. Meeting attendance is billed at the hourly rates in this agreement.
C.
Non-Legal Services. Consultant will not provide legal services under this Contract.
Consultant’s Work Product will not be covered under the attorney -client privilege or work-product privilege, and will not be labeled as such. Notwithstanding the foregoing, if City directs Consultant to perform work in conjunction with the City Attorney which would qualify as Work P roduct privileged material, upon instruction of the City Attorney, Consultant agrees to label the relevant work product as “work project privileged.”
D.
Submit a separate, original invoice to [email protected] for each project, which includes all of the following information:
1. Applicant Trust Fund Deposit Number (this is City’s Work Order number);
2. Project Case Number;
3. Case Planner Name;
4. Dates, Number of Hours Worked, and Description of Work Performed on the project by Staff Member Name and Title;
5. Hourly Billing Rate of each Staff Member working on the project; and,
6. Amount charged by the transportation service delivering plans and reports for the project (with a copy of the company’s invoice attached).
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EXHIBIT “B”
SCHEDULE OF FEES
CONTRACT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SIMI VALLEY AND TELECOM LAW FIRM,
P.C. TO PROVIDE FOR PROFESSIONAL WIRELESS
TELECOMMUNICATIONS PERMIT APPLICATION REVIEW
SERVICES, SPECIFICATION NO. ES 22-02
A. Flat Fees. Consultant shall perform all flat -rate services described in Sections A.1, A.2, A.3 (first sentence), A.4.a., inclusive of Exhibit “A” for a flat fee of $2,490 per project. Project hours are not reported by Consultant for the flat fee portion of any flat fee projects.
Flat fee projects are billed to the City as a single unit on the first project invoice, which is issued upon submissio n of Consultant’s first substantive Project Memorandum, which may include a memo regarding an incomplete application, a project review memo, or another substantive project related memo.
The flat fee is fully earned by and payable to Consultant once Consultant has provided its first substantive memorandum to City, even when the project is subsequently canceled, abandoned, or transferred to a different location. In the event that a project is tendered to Consultant by City but terminated by City for any reason prior to issuance of Consultant’s first memorandum, City shall pay Consultant thirty -three percent (33%) of the flat fee in compensation for the time spent by Consultant on the project prior to Consultant’s receipt of City’s notice of termination prior to the issuance of Consultant’s first report.
B. Hourly Fees. Consultant shall perform all services described in Sections A.4.b and B. of Exhibit “A,” and all other services not described in Exhibit “A” but requested by the City and within Consultant’s expertise as accepted by Consultant, on an hourly fee basis as follows:
Personnel Hourly Rates
Per Partner or Senior Project Manager $334.00
Per Associate/Of Counsel or Project Manager $274.00
Per Paralegal or Project Coordinator $206.00
Per Assistant $103.00
All hourly time is billed in 0.1 -hour (6 minutes) units rounded up to the next 0.1 -hour unit.
C. Travel Time. Consultant shall charge travel time at sixty percent (60%) of the hour rates shown above. Travel time shall be only counted to and from the nearest office of Consultant. By way of illustration of the preceding sentence, should Consultant send a staff member from its San Diego office to a meeting in Simi Valley, Consultant 14 AwardofcontractTelecomccmtg7-25-22(klk)
will charge only for travel time as if the staff member traveled to and from Consultant’s office in Los Angeles. Travel time is authorized when requested by City.
D. Expenses. City will r eimburse Consultant for all ordinary costs and expenses reasonably incurred by Consultant in the performance of the services provided by Consultant to City pursuant to this Contract.
E. Annual Fee Adjustment s. Each Flat Rate Fee and Hourly Fee set out ab ove shall automatically increase by three percent (3%) on each anniversary of the contract start date.
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EXHIBIT “C”
INSURANCE REQUIREMENTS
CONTRACT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SIMI VALLEY AND TELECOM LAW FIRM,
P.C. TO PROVIDE FOR PROF ESSIONAL WIRELESS
TELECOMMUNICATIONS PERMIT APPLICATION REVIEW
SERVICES, SPECIFICATION NO. ES 22-02
Insurance – Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant , its agents, representatives, or employees. Owner/Operator shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the ownership, maintenance or use of the Unmanned Aerial System.
Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office 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 $2,000,000 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: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit 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 limit of no less than $1,000,000 per accident for bodily injury or disease. Consultant hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation.
4. Professional Liability (Errors and Omissions) Insurance appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
5. Aviation Liability Insurance: On an “occurrence” basis, including products and completed operations, property damage, bodily injury with limits no less than $1,000,000 per occurrence, and $2,000,000 in the aggregate. This coverage may also be provided by endorsement to a Commercial General Liability policy.
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 16 AwardofcontractTelecomccmtg7-25-22(klk)
Other Insurance Provisions - The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its Boards, Officers, Agents, 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 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this project/contract, Consultant ’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its Boards, Officers, Agents, Officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its Boards, Officers, Agents, Officials, employees, and volunteers shall be excess of Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall state 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 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 fav or of the City for all work performed by Consultant, its employees, agents and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. 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 authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
17 AwardofcontractTelecomccmtg7-25-22(klk)
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract 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, or start of work date, Consultant must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
Verification of Coverage
Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing a ll policy endorsements to City before work begins. 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 subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that the City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as 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.
For questions regarding insurance requirements , please contact Trevor Earle, Risk Manager, at (805) 583-6739.
Verification. I have read and understand the above insurance requirements.
Authorized Signature Date
Print Name
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