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HomeMy WebLinkAboutItem FOF SEAL (U� X905 5 AGENDA STAFF REPORT Q. IFORN�P DATE: April 10, 2017 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Crystal Landavazo, Acting Director of Community Development SUBJECT: AGREEMENT WITH ANDERSON PENNA PARTNERS, INC. FOR TEMPORARY CODE ENFORCEMENT SERVICES SUMMARY OF REQUEST: That the City Council: 1. Adopt Resolution No. 6723 approving an agreement with Anderson Penna Partners, Inc. to provide personnel to perform the services of a temporary Code Enforcement Officer in a total amount not to exceed $40,000 and authorizing the City Manager to execute the agreement on behalf of the City; and, 2. Authorize the City Manager to transfer salary savings from the appropriate accounts to the General Fund to cover the proposed services. BACKGROUND AND ANALYSIS: The City is in need of a temporary Code Enforcement Officer to provide services following the departure of a probationary employee. The City sought out five consulting companies who provide professional staffing services to local municipalities. After contact with all companies, only two stated that they were able to provide code enforcement services. Anderson Penna Partners, Inc. submitted a proposal for temporary code enforcement services. HR Green California, Inc. provided a statement of qualifications and an hourly rate schedule. Submittals from both companies have been attached to this report for your reference. AP provided a proposal to identify their ability to provide temporary code enforcement staffing at a rate of $60 per hour while HR Green would provide the service at $80 per hour. As both companies have experience in providing municipal services, cost and familiarity with the City of Seal Beach became the determining factors in moving ahead with a request to enter into a contract with AP for temporary code enforcement services. Agenda Item F Page 2 AP has extensive experience providing interim staff for municipalities throughout California and is a California corporation headquartered in Newport Beach since 2005. AP has previous experience working in Seal Beach, providing designs for a number of the City's alley projects, as well as generating the Westminster Avenue Storm Drain Report. AP has provided exceptional support to City staff in the aforementioned areas and has a stellar reputation working with municipalities across California. Per the attached agreement, AP would provide temporary Code Enforcement services to the City at the rate of $60 per hour plus mileage at the IRS approved rate. The contract limits total fees for temporary code enforcement services at a not to exceed amount of $40,000. The temporary code enforcement officer would be expected to work an average of three days a week for a maximum period of six months. Again, this position is intended to be a temporary assignment until a permanent employee is hired. FINANCIAL IMPACT: The proposed cost of $40,000 for the temporary services will be paid for with salary savings from the vacant Code Enforcement Officer position. Transfers will be made as necessary to account number 001 - 030 -4400 and will be combined with current salary savings in the General Fund to cover the contract amount. RECOMMENDATION: That the City Council: 1. Adopt Resolution No. 6723 approving an agreement with Anderson Penna Partners, Inc. to provide personnel to perform the services of a temporary Code Enforcement Officer in a total amount not to exceed $40,000 and authorizing the City Manager to execute the agreement on behalf of the City; and, 2. Authorize the City Manager to transfer salary savings from the appropriate accounts to the General Fund to cover the proposed services. I PREPARED BY: NOTED AND APPROVED: C taI Land azo ill . Ingram ling Comm evelopment Director Cffy Manager Attachments: A. Resolution No. 6723 B. Agreement "Attachment A" RESOLUTION NUMBER 6723 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN AGREEMENT WITH ANDERSON PENNA PARTNERS, INC. TO PROVIDE TEMPORARY CODE ENFORCEMENT SERVICES THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves that certain agreement between the City and Anderson Penna Partners, Inc. dated April 11, 2017 to provide temporary Code Enforcement services for up to six (6) months in a total amount not to exceed $40,000.00 as set forth in the agreement. Section 2. The City Council hereby authorizes the City Manager to execute the agreement and further authorizes the City Manager to terminate the agreement at such time as the services are no longer needed. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 10th day of April, 2017 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members ATTEST: Robin L. Roberts, MMC, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } Sandra Massa - Lavitt, Mayor I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6723 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 10th day of April , 2017. Robin L. Roberts, MMC, City Clerk A I itach-Mont �169 a, PROFESSIONAL SERVICES AGREEMENT Between City of Seal Beach 211 8th Street Seal Beach, CA 90740 R.- Anderson Penna Partners, Inc. 3737 Birch Street, Suite 250 Newport Beach, CA 92660 949 - 428 -1500 This Professional Service Agreement ( "the Agreement') is made as of April 11, 2017 (the "Effective Date "), by and between Anderson Penna Partners, Inc. ( "Consultant'), a California corporation, and the City of Seal Beach ( "City'), a California charter city, (collectively, "the Parties "). 1 of 10 RECITALS A. City desires certain professional services. B. Consultant represents that it is qualified and able to provide City with the personnel to perform such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide the specific designated personnel to perform those services ( "Services ") set forth in Consultant's proposal dated 2017 and attached as Exhibit A, which is hereby incorporated by this reference. Specifically, Consultant shall provide the personnel designated in Exhibit A to serve as City's temporary municipal code enforcement officer. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall that its employees perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances, in a similar geographic locality, and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant and its employees or agents shall comply with all applicable provisions of federal, state, and local law. 1.4. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue for a term of up to six months or a maximum of 650 hours service as a temporary code enforcement officer in a fiscal year unless previously terminated as provided by this Agreement. 3.0 Consultant's Compensation 2of10 City will pay Consultant in accordance with the hourly rates and mileage reimbursement amounts shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than the total amount of $40,000.00. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice unless City gives Consultant notice that some amount in the invoice is disputed, in which case the parties shall meet and confer to resolve such dispute. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24 -hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 15 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Scott Barber is the Consultant's primary representative for purposes of this Agreement. 3of10 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: AndersonPenna 3737 Birch Street, Suite 250 Newport Beach, CA 92660 Attn: Stephen G. Badum, PE 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 4of10 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. However, only the individuals listed in Exhibit A shall be deployed by Consultant to perform the Services. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, and employees serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 10.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer 5of10 to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim /aggregate. 11.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be reduced or canceled except after 30 days prior written notice by mail, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, and employees, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self- insurance maintained by the City, its directors, officials, officers, and employees, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, and employees, shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, and employees, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 6of10 11.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, and employees,. 11.5. Any deductibles or self- insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its directors, officials, officers, and employees,; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend Consultant shall indemnify, but not defend, and hold the City, its officials, officers, employees and agents serving as independent contractors in the role of city officials (collectively "Indemnitees ") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts, intentional wrongdoing or omissions of Consultant, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and other related costs and expenses, except for such loss or damage arising from the negligence or willful misconduct of the City. Consultant shall reimburse City and its directors, officials, officers, and employees, , for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided, caused by the negligence or other fault by or attributable to the indemnitor, its employees or agents, and determined by a court of competent jurisdiction.. All duties of Consultant under this Section shall survive termination of this Agreement. 13.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non - discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self- insurance 7of10 in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 15.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 16.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 19.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 20.0 Prohibited Interests; Conflict of Interest 20.1. Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further represents that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code § §1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 8of10 20.2. Consultant further represents and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 20.3. Consultant represents and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest' under applicable laws as described in this subsection. 21.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing parry in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 22.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 23.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Parry and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. 9of10 CITY OF SEAL BEACH CONSULTANT Attest: IN Jill R. Ingram, City Manager Robin L. Roberts, City Clerk Approved as to Form: la Craig A. Steele, City Attorney in Name: Stephen G. Badum, PE Its: Vice President, Municipal and Engineering Services 10 of 10