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CD Temporary Code Enforcement ServicesAGREEMENT FOR PROFESSIONAL SERVICES FOR PROFESSIONAL CODE ENFORCEMENT STAFFING SERVICES (Gf "It' .20 I =7- This Agreement is made and entered into this _ day of i>eteHPt:f't, , by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and CSG Consultants, Inc. (hereinafter "CONTRACTOR"). RECITALS WHEREAS, due to a recent vacancy in the Code Enforcement Division and given the current workload of staff and the pace of code enforcement complaints, the CITY has detenruned that professional code enforcement services are needed to supplement existing staffing during the timeframe necessary to complete recruitments for a vacant position within the Code Enforcement Division. AGREEMENT NOW, THEREFORE, the pruties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY'S Project Manager. The Planning Manager, Raffi Boloyan is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR Robert Cushing is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (l0) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide services as follows: It is expected that CONTRACTOR will provide one consistent code enforcement officer to serve for the duration of the time needed for an average of 15-20 hours a week for general code enforcement. Work in excess of a total of 20 hours a week shall require plior authorization of the Project Manager; 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and perfOlm the duties as follows: a) Provide work space for CONTRACTOR, b) provide general direction and support to CONTRACTOR; c) provide legal assistance to develop administrative enforcement cases; and d) provide Police Department escort or backup if needed and necessary. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR for the hours of work at the hourly rates, and for the authorized expenses, as specified in Exhibit "A", in a total anlount not to exceed $137,500. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this AgTeement shall be for 1 year, commencing on January 1,2018 and ending on December 31, 2018. Upon mutual agreement of the parties, and subject to the approval of the City Manager, the term of this Agreement may be extended for an additional period of six (6) months, if the total budget authorized by this agreement has not been exceeded and the City decides to continue using contract services to fill the vacancy. 6. TERMINATION. A. Discretionary. Either party may telminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may temlinate tlus Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other pruiy, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, witllin such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the pelionnance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after tennination. 7. OWNERSHIP OF DOCUMENTS. The written docunlents and materials prepared by the CONTRACTOR in connection with the peliormance of its duties under this Agreement, shall be the sole propeliy of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 2 8. Upon reasonable notice, inspection and audit, all available to CITY, or its agent, for U<ll11lallll.,U by CONTRACTOR in connection with its performance of its duties with CITY or its agent in any audit or mSpe(~tlcm 9. The parties that they shall not performance of any of their res1pectn the other party, and any att€~mlpt arising hereunder shall 10. A. Scope of Coverage. maintain, at no expense to the 1. A one million dollars ($1,000,000) death, bodily injury, personal injury, or ",,.n,,,,,,,,,"" CONTRACTOR shall fully cooperate greement nor the consent of or obligations CONTRACTOR shall in minimum amount of ($2,000,000) aggregate, for 2. An automobile liability (owned, non-owned, hired vehicles) insurance occunence. policy in the minimum amount of one million ($1,000,000) 3. If it compensation insurance, as required by employer's liability insurance with of no accident for bodily injury or disease. CONTRACTOR's be specifically endorsed to waive any right of B. Other Insurance Requirements. CONTRACTOR m requirements: 1. Except for professional liability insurance, the insurance policies shall agents, employees, and volunteers, as additionally operations) under the policies. 2. policies shall be primary with ""''''Y'''f'T not call upon CITY's insurance or noncontributory" coverage in CONTRACTOR'S CG20 0413. 3 shall maintain worker's with statutory limits, and one million dollars ($1,000,000) per shall required of the meet the following 3. insurance, the insurance contractual liability CITY a waiver of against CITY by agrees to obtain this provision applies endorsement from the insurer. 5. termination of this five years. 6. If Insurance IS coinciding with the effective date of this 7. The limits or worker's compensation text or by endorsement, coverage for subrogation, a waiver of subrogation on a Claims Made Form, then, following shall survive for a period of not less than a reh'oactive date of placement combination of primary and umbrella or excess in this Agreement may be satisfied by a Any umbrella or excess insurance shall shall also apply on a primary and contain or be endorsed to a noncontributory basis for the benefit of before CITY'S own insurance or insured. 8. It shall a proceeds broader than or in excess and/or limits shall be available to requirements for Agreement; or (2) the I"'Ir"''';'I1,~r "'''!F'r,;",p proceeds available to (if to in a written contract or agreement) l.UaJu"'..... shall be called upon to protect it as a named this Agreement that any available insurance U ..... "',lU .... U minimum insurance coverage requirements additional insured party. Furthelmore, the coverage and limits specified in this limits of coverage of any insurance policy or or self-insured retentions in approved by the PROJECT of liability. Policies containing any to provide that the SIR be "'~""'.U'''''H'''' insured party. At CITY's shall be reduced or vH),HH'<LL'_,-, a bond guaranteeing attorney's fees and defense expenses. D. Proof MANAGER or evidencing the declaration page and/or general liability policy, CONTRACTOR shall provide to the Attorney all of the following: (1) Certificates of I'lnrpr'!>lIYP required in this Agreement; (2) a copy of the policy page listing all policy endorsements for the commercial 4 evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shaH be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest extent permitted by law, indenmify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attomeys' fees, incurred in defense of such claims. B. Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, CONTRACTOR shaH, to the fullest extent permitted by law, indemnify, release, defend and hold hannless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period oftime allowed by law. 12. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the perfonnance of its duties and obligations under this Agreement. 5 13. 14. any third patty, any or Agreement, to the other paIty. 15. All notices and other Agreement, including any notice of delivery, or deposited with the parties intended to be notified. Notice shall if mailed, upon the date follows: TO CITY's Project Manager: TO CONTRACTOR's Project 16. For the purposes, and for the duration, agents and employees shall act in the capacity the CITY. CONTRACTOR and CONTRACTOR, its that of an employee CITY. 6 gmemc;nt, to create in conditions of this gIVen under this and given by personal addressed to the personal delivery, or Notice shall be given as ... .,LL.ULI5, Code Enforcement Manager not 17. terms and conditions of this Agreement, all reference, represent Agreement. written Agreement shall supersede any subject matter between the CONTRACTOR No other agreement, promise or all documents respect to the greemems, oral or written, or to the subject matter this Agreement, shall be valid or binding, except a written amendment to this a 18. 19, this 20. telms conditions of this Agreement shall not except <>rnpn,;n,,"'nt to this Agreement signed by ",..'...--.'n any conflicts arise between the terms Agreement, and the conditions of the attached exhibits or the documents AV." ... "",I> n""', ...... "' ... "T •• " by reterenc:e, Agreement shall control. that CITY may Agreement, any monies which contract or resolution for any unpaid amounts. to by either party of any breach or violation of any term, covenant or condition of or of any ordinance, law or regulation, shall not be "'''''';AU''' condition, ordinance, law or regulation, or same or other term, covenant, condition, ordinance, by either party of any fee, performance, or under this Agreement, shall not be deemed to a Av"ns,",'u by the other party of any term, condition, covenant or regulation. in any action brought to enforce the terms of this 7 CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification) . 22. APPLICABLE LAW. The laws of the State ofCalifomia shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ager ATTEST: /.z.g 1-hJz-c-, ~ R L 4 1 ESTHER C. BEIRNE, City Clerk CONTRACTOR BY: __ ~--4--f.~ _____ _ Title: P8E5I{)EJ{[ 8 Compensation Rate Sheet Services are billed on a time and materials basis according to CSG's hourly rates, shown below. r' CSG CONSULTANTS PERSONNEL I SERVICES ALL INCLUSIVE HOURLY RATE Code Enforcement Manager Senior Code Enforcement Officer / Related Support Personnel Code Enforcement Officer Counter Technician $125 $110 $100 $65 All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, travel and office expenses. Overtime work will be billed at 1.5x the hourly rates indicated in the table above. On each anniversary of the contract start date, CSG will initiate a rate increase based on change in CP/-W for the applicable region. CSG will mail an invoice at the beginning of every month for services rendered during the previous month. 550 Pilgrim Drive, Foster City, CA 94404 phone (650) 522-2500 I fax (650) 522-2599 I www.csgengr.com Exhibit A Compensation Rate Sheet Services are billed on a time and materials basis according to CSG's hourly rates, shown below. r' CSG CONSULTANTS PERSONNEL I SERVICES ! ALL INCLUSIVE HOURLY RATE Code Enforcement Manager Senior Code Enforcement Officer / Related Support Personnel Code Enforcement Officer Counter Technician I $125 $110 $100 $65 All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, travel and office expenses. Overtime work will be billed at 1.5x the hourly rates indicoted in the table above. On each anniversary of the contract start date, CSG will initiate a rate increase based on change in CPI-W for the applicable region. CSG will mail an invoice at the beginning of every month for services rendered during the previous month. 550 Pilgrim Drive, Foster City, CA 94404 phone (650) 522-2500 I fax (650) 522-2599 I www.csgengr .com CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Community Development Project Manager: Raffi Boloyan Extension: 3095 Contractor Name: CSG Consultants Inc. Contractor's Contact: Robert Cushing Contact's Email: robertc@csgengr.com 01 FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION DEPARTMENT 1 Project Manager a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Project Manager Forward three (3) originals of final agreement to contractor for their signature 4 Project Manager When necessary, * contractor-signed agreement agendized for Council approval *PSA> $20,000; or Purchase> $35,000; or Public Works Contract> $125,000 Date of Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed agreement 7 City Attorney Review and approve insurance in PII'JS, and bonds (for Public Works Contracts) 8 City Manager / Mayor Agreement executed by Council authorized official 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager COMPLETED DATE 11/16/2017 11/16/2017 12/1/2017 11/29/2017 Click here to enter a date. 0 N/A Or 12/18/2017 j) 6) 11 r 1 & \1 I If/It " ' t/ ~ I ~ REVIEWER Check/Initial ~ IZl IZl LMM LAG IZl LAG 0 RB IZl ~M ·l/IvtlA ~ Y:B-