Continued Contract Permit Technician Services 03-04-14.pdf

8/12/2019 Continued Contract Permit Technician Services 03-04-14.pdf

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To:From:Submitted by:Subject:

CITY OF CARMEL-BY-THE-SEACouncil ReportMarch 4 2014

Honorable Mayor and Members of the City CouncilJason Stilwell, City AdministratorRob Mullane, AICP, Community Planning and Building DirectorConsideration of a Resolution Authorizing the City Administrator to Adoptan Amendment to an Existing Contract PDB -PCA-FOUR-005-13-14) with4Leaf, Inc. for Continued Contract Permit Technician Services, in anAmount not to Exceed 92,000.

Recommendation s): Adopt a Resolution Attachment A) authorizing the City Admin istrator toamend Attachment B an existing contract PDB-PSA- FOUR-006-13/14)with 4Leaf Inc. for continued contract permit technician services, inamount not to exceed 92,000 for up to an additional 12 monthsduration.

Executive Summary: In November 2013, the City Administrator entered into an agreement forconsulting se rvices with 4Lea f, Inc. to provide contract permit technicianservices to the Community Planning and Building Department . The termof the contract was for one year and a 25,000 limit was established.The contract allowed th e City to retain the services of a certified permittechnician with 4Leaf. The permit technician is responsible for intake ofPlanning, Building, and Encroachment Permits, routing the Building andEncroachment permits to the appropriate staff people, and tracking thestatus of these permits. The permit technician also fields questions fromthe public and from applicant representatives regarding what type ofpermit is required.

Analysis/Discussion: The permit technician is the City's front-line staff person for answeringpermit quest ions from the public, for intake of all Community Planningand Building Department applications, and for issuance of BuildingPermits. Through the 4Leaf, Inc. contract, the City provides a certifiedpermit technician for these se rvices 3 days a week, with back-up on theother two days from a temporary hire who is not a certified permittechnician, but who has received training in permit technician duties.

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Alternatives:

Fiscal Impact:

Budgeted yes/no):Yes

The City has been informed that the permit technician will be ab le to shiftto a 4 day-a-week schedule starting in March, and this will improve theDepartment's service level for the Planning and Building Counterfunction. Once this shift is made, it would still be desirable to retaincoverage on the fifth day of the week by the temporary hire back-up .The certified permit technician's billing rate is 57.50/hr, which is on parfor contract permit technician services.The Council could opt to not amend the contract, in which case it wouldexpire upon reaching the 25,000 limit of the current contract. Thatwould likely occur sometime in April of 2014. This would have asubstantial adverse effect on the service level provided at the Planningand Building Counter. Turn-around times for Planning, Building, andEncroachment permit services would be increased, and senior staff in thedepartment would need to be diverted from other responsibilities toprovide adequate Counter coverage.The contract amendment specifies a not to exceed, limit of 92,000. Thiswould be in addition to the 25,000 initial authorization, so the amendedcontract amount would be 117,000. The contract amendment wouldprovide for an average of up to approximately 120 hours of assistanceper month. The cost to the City is partly defrayed by Planning andBuilding Permit fee revenue.

Funding Source general fund, grant, state):General Fund

Previous CouncilAction/Decision History: NoneReviewed byity dministrator

Asst . City Admin . DPublic Safety Dir D

City ttorney D Adminis trative Services DDir of CP fllY Dir of Public Svcs DLibrary Dir D Other D

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AttachmentsAttachment ResolutionAttachment B Contract mendmentAttachment Existing Contract

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ATTACHMENT ACITY OF CARMEL-BY-THE-SEACITY COUNCIL

RESOLUTION 2014-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEAAUTHORIZING THE CITY ADMINISTRATOR TO AMEND N EXISTINGCONTRACT (PDB-PCA-FOUR-006-13/14) WITH 4LEAF, INC IN AN AMOUNT NOTTO EXCEED 92,000.

WHEREAS, the City ofCarmel-by-the-Sea entered into a contract for professionalservices with 4Leaf, Inc. to provide contract planning services on November 14, 2013 ; andWHEREAS, the funds are planned and budgeted for and will be authorized from theCommunity Planning and Building Department's budget.NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITYOF CARMEL-BY-THE-SEA does hereby:Authorize the City Administrator to amend the existing contract with 4Leaf, Inc., forcontinuation of contract planning services for a period of 2 months for an amount not toexceed 92,000, with all other terms of the existing contract remaining unchanged.PASS ED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMELBY-THE-SEA this 4th day ofMarch 2014 by the following roll call vote:A YES: COUNCIL MEMBERS:NOES: COUNCIL MEMBERS:ABSENT: COUNCIL MEMBERS:ABSTAIN: COUNCIL MEMBERS:

ATTEST: SIGNED:

Daryl A Betancur, CMCDeputy City Clerk Jason Burnett, MAYOR


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AMENDMENT TO PDB-PCA-FOUR-006-13/14THE ORIGINAL CONTRACT IS AMENDED

AS FOLLOWS:CONTRACT AMENDMENT

ATTACHMENT B

Term of the Contract: The term of the contract is extended to March 3, 2015, withadditional extensions subject to City Council approval. Compensation: The compensation amount is increased by an amount of up to 92,000,for a revised not to-exceed total of 117,000.

Jason StilwellCity Administrator

Kevin J DugganPresident

Date

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Attachment C

CONTR CT PBD-PCA-FOUR-006-13/14

CONTRACT FOR PROFESSIONAL CONSULTING SERVICES

THIS CONTRACT is executed /l..fl i1. this day of ~ ~ ~ ~ 1 3 , by and betweenthe ITY OF CARMEL-BY-THE-SEA. hereinafter referred to as 'CITY and L e a ~ Inc.,hereinaftet called CONSULTANT .IT IB HEREBY MUTUALLY AGREED AS FOLLOWS:1. ~ CONSULTANT hereby agrees to provide to CITY, as the scope ofservices under this Contract the services set forth in Exhibit A attached hereto andincorporated he1-ein by this reference.2 Timely Work. CONSULTANT ahall perform all duties incidental mnecessary in a timely fashion; and shall be perfo1med diligently, competently, and inaccordance with professional standards of performance. Failure to so perform is herebydeemed a material breach of this Contract, and CITY may terminate this Contract with nofutther liability hereunder. City may agree in writing with CONSULTANT to an extension

of time. It is expressly agreed and understood that CONSULTANT shall not be held1esponsible for delays occasioned by factors beyond their control, nor by factms that couldnot reasonably have been foreseen at the time of execution ofthis CONTRACT.

3. Term. The work under this ContJ:act shall commence November 18, 2018and te tminate November 17, 2014. The pa1ties may agree to extend or amend thisContrac t ptior to its expintion

4. Compensation. CITY shall pay CONSULTANT in an amount not toexceed $25,000, in accordance with this Contract for fiscal year 2013-14.Compensation undet this Contract shall become due and payable thirty (30)days after CITY's appt'Oval of CONSULTANTS submission of monthly written invoices.Wl'itten invoices shall clearly itemize each charge. The payment of any compensation toCONSULTANT hereunder shall be contingent upon performance of the terms andconditions of his Contract to the satisfaction of the City Administrator.f he City Administrator dete1mines that the work set forth in the writteninvoice has not been performed in accordance with the terms of this Contract, CITY shall

not be responsible for payment until such time aa the work has been satisfactotilyperformed.5. dditional Services. In the event that CITY should l'equest additionalservices not covered by the terms of this Contract, said services will be p1'0vided byCONSULTANT and paid fo1 by CITY only aftel a fee for said services has been agreed uponbetween CONSULTANT and City Adminiafa:ator and the City Administratol' provideswritten authorization for the additional work.6. Meet and Confer. CONSULTANT agrees to meet and confet wi th CITY or

its agents or employees with regard to services as set forth herein as may be required byCity Administrator to insure timely and adequate performance of this Contract.


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ttachment C

7. Indemnification. CONSULTANT hereby agt-ees to the followingindemnification clause:To the fullest extent pet 'llitted by law (including, without limitation,California Civil Code Sections 2782 and 2782.6), CONSULTANT shall defend (with legalcounBel reasonably acceptable to designated agents, departments, officials, rept-esentatives,and employees (collectively Indemniteee ) from and against claims, loss, cost, damage,injury expense and liability (including incidental and consequential damages, court COAts,1-easonable attorneys' fees, litigation expenses and fees of exJ)et't oollBultants or expertwitnesses incmTed in connection therewith and costs of investigation) to the extent theya1iae out of, pertain to, or relate to, the negligence, recklessness, or willful misconduct ofCONSULTANT, any SUB-CONSULTANT, anyone directly or indi rectly employed by them,or anyone that they control (collectively Liabilities ). Such obligations to defend, hold

harmless and Indemnify any Indemnitee shall not app]y to the extent that such Liabilitiesat-e caused in part by the negligence, 1 willful misconduct of such Indemnitee.Notwithstanding the provisions of the above paragl'Bph, CONSULTANTagrees to indemnify and hold harmless CITY from and against any and all claims, demands,defense costs, liability, expense, or damages a1ising out of or in connection with damage toor loss of any property belonging to CONSULTANT or CONSULTANT'S employees,contracto1'8, representatives, patrons, guests or invitees.CONSULTANT further agrees to indemnify CITY fo1 damage to or loss ofCITY OF CARMELBYTHE-SEA property to the proportionate extent they arise out ofCONSULTANT'S negligent perfonnance of the wo1k assooiated with this Contract or to theptoportionate extent they arise out of any negligent act or omission of CONSULTANT or anyof CONSULTANTS employees, agents, contraeto1'8, l'epresentatives, patt'Ons, guests orinvitees; excepting such damage or loss arising out of the negligence ofCITY.

8. Insurance. CONSULTANT 8hall submit and maintain in full forceinsurance as described herein. Without altering or limiting CONSULTANT'S duty toindemnify, CONSULTANT shall maintain in effect throughout the term of this Contract, apolicy or policies of insmance with the following minimum limits of liability:CommArnjRI gnera}JjeNJjty insuraDee including but not limited to prem.isea,

personal inju1ies, bodily injmies, pl'Oducts, and completed operations, with a combinedsingle limit of not less than $1,000,000 per occurrence and $2,000,000 in the agg1-egate.Professional Liability Insurance CONSULTANT shall maintain in effect

throughout the term of this Contract professional liability insurance with limits o not lessthan $1,000,000 per claim and $2,000,000 in the aggt-egate. CONSULTANT will eithe1maintain or cause to e maintained professional liability coverage in full fotce or obtainextended 1-eporting (tail) cove1age (with the same liabil ity limits) for at least tlu-ee 3) yearsfollowing CI'I'Y'S acceptance of work.

Workers' Compensation Insurance If CONSULTANT employs others in theperformance of this Contaact, CONSULTANT shall maintain workers' compensationinsmance in accordance with California Labor Code section 3700 and with a minimum of100,000 pet occurrence for employe1'8' liability.

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Attachment C

Other Insurance ReauirementeA All insurance required unde1' this Contract must be written by an

insurance company either:1) admitted to do business in California with a current A.M. Beatrating of no lees that A VI;

or2) an insurance company with a current A.M. Best rating of noless that A:vnException may be made for the State Compensation Insurance Fundwhen not specifically rated.

B. Each insurance policy required by this Contract shall be endorsed tostate that CITY shall be given notice in writing at least thirty (30)days in advance of any cancellation thereof, except CITY shall begiven TEN 10) days notice for nonpayment of the premium.

C, The general liability and auto policies shall:1) Provide an endorsement naming CITY, ita officers, officials,and employees as additional inaureda under an ISO CG 2 10 07 04 orISO 20 37 07 04 or their equivalent.2) Provide that such insurance is primary and non-contributinginsurance to any insurance or self-insurance maintained by CITY.3) Contain a "Separation of Insureds" provision substantiallyequivalent to that used in the ISO form CG 00 1 10 01 m theirequivalent.4 Provide for a waiver of any subrogation rights agairu t CITY viaan ISO CG 24 11 93 or its equivalent.

D. Prior to the start of work under thia Contract CONSULTANT shallfile certificates of insurance and endorsements evidencing thecoverage required by this Contract with the City Administrator.CONSULTANT shall file a new or amended certificate of insurancepromptly after any change is made in any insurance policy whichwould alter the information on the certificate then on file.E. Neither the insurance requi1emente hereunder, nor acceptance rapproval of CONSULTANTS insurance, n01. whethe1 any claims arecovered under any in8Ulance, ~ h l l in any way modify or changeCONSULTANT'S obligations under the indemnification clause in thisContract, which shall continue in full foice and effect.Notwithstanding the insurance l'equirements contained herein,

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Attachment C

CONSULTANT is financially liable for its indemnity obligationsunder this Contract.

F. Any deductible or selfineured retentions must be declared to andapproved by CITY. At the option of CITY either: the insured shallreduce or eliminate such deductiblea or self.insured retentions ael'espects CITY, its officers, officials, employees, and volunteers; orCONSULTANT shall p1'0vide a financial guarantee satisfactory toCITY guaranteeing payment of losses and related investigations,claim administration, and defense expenses9. Ownership of Work Upon completion of the work under this Contract,ownership and title to all materials and delive1ables p1'0duced as part of this Contract willautomatically be vested in CITY and no further contract will be necessary to transferownership to CITY.10. Licensing, CONSULTANT represents that it iB properly licensed to performthe work specified under this Contract, including but not limited to, possession of a currentcity business license.11. Termination. This Contract may e terminated by either party uponthirty (30) calendar days written notice to the other party. In the event of such termination,CITY shall pay CONSULTANT fo1 all services performed to the satisfaction of CITY to the

date of receipt of notice of termination. n itemized statement o the work performed to thedate of termination shall be submitted to CITY. In ascertaining the services actuallyrendered hereunder up to the date of termination of this Contract, consideration shall begiven to both completed work and work in process of completion, and to complete andincomplete drawings and other documents whether delivered to CITY or in the poese88ion ofthe CONSULTANT.

12. Agency. In pe1forming the services specified under this Contract,CONSULTANT is hereby deemed to be an independent CONSULTANT and not an agent oremployee of CITY.13. Authority of the Citv Admjnietrator. CONSULTANT shall perform allnecessary services provided under this Contract and outlined in the propoaal and shall do,perform, and carry out said work in a satisfactory and pmper manner as dete1'IDined by and

to the satisfaction of the City AdministratoJ: . The City Administrator r ~ s r v s the right tomake changes, additiom or deletions, to the scope of work as deemed nereasary or advisableto implement and cany out the PUl POsea of this Contract. The City Administrator isauthorized to execute change orders.

14. Reaooneibilit.v of Consultant. By executing this CONSULTANT representsand state to CITY that he/she possesses, or will an ange to secure from others, all necessaryprofessional capabilities, experience, 1'88ourcea and facilities necessary to provide to city theservices contemplated under this Contract. CONSULTANT further warrants that he/shewill follow the current generally accepted pnctices of the profession to make findings,nmder opinions, prepare factual presentations, and provide professional advice andrecommendations regarding the p1'0ject for which services are rendered under this Contract.


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Attachment C

lli. Materials and EguitJment. CONSULTANT shall furnish at his/her ownexpense, all materials and equipment necessary to carry out the terms of this Contract.16. Digital Files. CONSULTANT shall furnish copies of all deliverablee oncompact diaka (for example, final report) in digital format. Files shall be compatible with the

current versions used by PC computers.17. Audit Authority. CONSULTANT shall keep full and detailed accounts andexercise such controls as may be necessary for proper financial management under thisContract; the accounting and control $Yf tems shall be t i s f ~ c t o r y to CITY. CITY and CITY s

auditor shall be afforded access to CONSULTANT s recorda, books, correspondence andother data 1elatipg to this Contract. CONSULTANT shall preserve these records, books,correspondence and other data relating to this Conbact for a period o four (4) years afterfinal payment or fo).' such longer period as may be required by law. In addition,CONSULTANT agrees to make said 1-ecords, books, correspondence and othe1 data 1-elatingto this Contract available to CITY at CITY s principle place of business upon seventytwo(72) hours advance written notice. The City Administrator, or his or her designee. shall at alltimes have the right to inspect the work. services, or materials. CONSULTANT shallfurnish all reasonable aid and aasistanoo required by CITY for the proper examination of thework o1 services and all parts thereof. Such inspection shall not relieve CONSULTANT formany obligation to perfurm said work or services strictly in accordance with the specificationsof any modifications thereof and in compliance with the law.

18. Notices. ll notices herein provided to be given, or which may be given byeither party to the other, shall be considered fully 1-eceived when made in writing anddeposited in the United States mail, certified and postage prepaid and addressed to therespective parties as follows:

CITY:

CONSULTANT:

City Ad.ministratorCity of CarmelByTheSeaP.O.BoxCCCarmelBy-The-Sea, CA 93921Craig Tole, Director ofDevelopment Services4Leaf, Inc.2110 Rheem Drive, SuitePleasanton CA 94688

19. Entire Contract. This Contract constitutes the entire contract betweenthe parties hereto and supersedes any and all prior contracts, whether oral or written,relating to the subject matter thereof. Any modification of this Contract will be effectiveonly i t is in writing signed by both parties hereto.

20. Validity. any provision in this Contract is held by a court of competentjurisdiction to be invalid, void or unenforceable, the remaining provisions will continue infull force without being impaired or invalidated in any way.

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Attachment C

21. Assignment of Interest. The duties undet thia Contract shall not beassignable, delegable, or transferable without the priot written consent of CITY. Any suchpm-ported assignment, delegation, or transfer shall constitute a matel'i.al breach of thisContract upon which CITY may terminate this Contract and be entitled to damages.

22. Conflict of Interest. CONSULTANT shall at all time avoid oonflicta ofinterest, or the appeannce of conflicts of inte1oest, in the performance of this Contract.CONSULTANT shall file statements of financial intetoest on forms provided by CITY to theextent and a t the times required by CITY'S Conflict of Inte1oest Code and applicable law.

During the term of this Contract CONSULTANT shall not directly orindiloectly, either as a partner, employer, employee, consultant, principal. and agent ot inany individual o1 representative capacity, engage 01 participate in any business Olvoluntat'Y activity on behalf of any other party on any property located within the City ofCarmel-ByTheSea without notification to City Administrator.

23. Non-discrimination/Affirmative Action. CONSULTANT will notdiscriminate against any employee or applicant for employment because of race, creed,color, sex, age, national origin, mBI'ital status, physical or other motor handicap, unlessbased upon bonafide occupational disqualification.

CONSULTANT will take affirmative action to ensure that applicants at-eemployed and that employees ate tJ.oeated during employment without regard to their 1ace,creed, colo1, sex, age, national origin, mm:italstatus, physical or other motor handicap.

24. Counterparts This Contract may be executed in multiple originals, eachof which is deemed to be an original, and may be signed in counterparts.

25. CONSULTANT ag1oees that in the performance of thia Contlact itwill reasonably oomply with all applicable state, fede1al and local laws and regulations.This Conbact shall be gov ned by and construed in acoo1dance with the laws of the Stateof Califomia and the City ofCarmelByTheSea.

26 Attorneys Fees and Court Venue. Should either pa1ty to this Contractbring legal action against the other, (formal judicial proceeding, mediation o arbitration),the caae shall be handled in Monterey County, California, and the party p1oevailing in suchaction shall be entitled to a reasonable attomey s fae which shall be fixed by the judge,mediator Ol arbitrator hearing the c se and such fee shall be included in the judgment,together with all costs.

27. Severability, If any term of this Contl-act is held invalid by a com-t ocompetent jurisdiction, the remainder of this Contract shall remain in effect.

IN WITNESS WHEREOF, this Conttact is entered into by the parties hereto inCBimel, Califomia, on the day and ye81' first written above.

CITY OF CARMEL-BY-THE-SEA6


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Attachment C

Its o , - u i ' - M ' ~ . J . t p ~ \

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Attachment C

' 4LEAF, INCNovember 1, 2013Robert A. Mullane, AICPCommunity Planning and Building DirectorCity of Carmel-by-the-SeaP.O. Drawer GCarmel-by-the-Sea, CA 93921main (831) 62Q-2010direct (831) [email protected]: Pennlt Technician SeiVIces provided by 4LEAF, Inc.

Dear Mr. Mullane,

fns Hlttlon Pln C.ltufl

Thank you for interest in 4LEAF, Inc. 4LEAF) to provide Building Department consulting to your Oty4LEAF Is the largest provider of these services In Northern California and work many clients in the SouthBay and Monterey Bay Peninsula.4LAF has identified an exceptional candidate to assist your City with Permit Technician Services.Attached you will find a resume for Carol Johnson. Carol Is an outstanding candidate with experienceworking with the City of Marina,Otyof Santa Cruz and the City of Hollister.Carol has Identified a schedule In the range of 3-4 days a week for approximately S-6 hours per day toassist your Oty with these services. Our hope is that the ctty and Carol will be able to communicate toestablish a mutually beneficial schedule. 4LEAF will provide her services at an hourly rate of 57.50 perhour. This s a time and materials contract and 4LEAF will bill the Oty accordingly.We anticipate carol to be able to start In the middle of next week once we coordinate her offer andmandatory safety training.4LEAF will provide a company SOQ which will include our other clients, references, additional scopes ofwork, and other company personnel. We will also Include a complete fee schedule for other buildingdepartment services you may need In the future.f you need to reach me you may call me at 925) 4625959 (office), (925) 581)..4055 cell), or you mayreach me at [email protected]

Sincerely,4LEAF Inc

.Craig ToleDirector of Development Services

211 Rhum uite II Plustllltcn, ll 9 ~ 8 l f Plrane 925) L/62-5959 FQx 925) L/62-5958


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Attachment C

- 4LEAF, INC. Engineering Construction Managemen t Inspect ion Plan Check

2013-14 FEE SCHEDULE B SIS OF CHARGESFor the City of Carmel By The-SeaInspection Services*As-Needed Building Inspection Services (residential)As-Needed Combination Inspection Services (includes commercial)Construction and/or Public Works InspectorLead Project Inspector

P ~ j e c t l n s p e c t o rSpecialty Inspections (ADA, CASp etc.)Comtruct ion Management ServicesConstruction Manager

P ~ j e c t ManagerPrlncipalEngineering Services*Structural EngineerGeotechnical EngineerCivil EngineerSurveyorOffice EngineerField EngineerExpert WitnessPlan Check Servica*StaffAugmentationOutside ServicesAdministrative Services*On-Site Project AdministratorPennit Tec:hnicianBeadhWiter Services**All ~ n Subject to Bnsls f h a r g ~ s BASIS OF CHARGES All invoicing will be submitted monthly.

85 per hour95 perhota25 per hour125 per hourI S per hourJ75 per hour140 per hour250 per hourS 250 per hour195 per hour195 per hour115 per hour175 per hourISS per hour140perhour500 per hour

110 per hour70 City fees

6S per hourSO- 57,50per hour3 month Salary Min SJO,OOO

Work is subject to 4-hour minimum charges unless stated otherwise. Services bllled in 4-hour increments Overtime and Premium time will be cllarged as follows:Regular time (work begun ftu JAM or before 4PM) I .t hOJII fy rateNight Time (wo1* begtm qfter 4PM or before 5.AM) 1.125 x hourly ratev e ~ t l m e (avet hour M-F or Saturdays) 1.5 x hourly rate

Overtime (aver 8 hours Sot or }6 8 hour Stm) 2 x hourly roteOvertime (over 8 hours Sun or Holidays) 3 :r hourly rate Overtime wili only be billed with prlor authorization of he Chief Building Official, Public Works Director,or other responsible designated Ciry personnel. All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. All billable expenses will be charged at cost plus 200./a. Payment due on receipt. All payments over 30 days will be assessed a 1.5 interest charge. Client shall pay attorneys' fees , or other costs incnm:d in collecting delinquent amounts. Client agrees that 4LEAF's liability will be limited to the value of services provided.

2110 Rheem Drive, Sulte A Pleasanton, CA 94588 Phone (926) 462-5959 Fax (925) 462-5958

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