HomeMy WebLinkAboutCED Massage Inspection Services Agreement Amendment____________________________________________________________________________________
FOR CITY CLERK ONLY
Meeting Date: 03/03/2025
Disposition: Adopted Resolution 15374
Agenda Item No: 4.d
Meeting Date: March 3, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community & Economic Development Department
Prepared by: Don Jeppson,
Community & Economic
Development Assistant Director
and Chief Building Official
City Manager Approval: ______________
TOPIC: MASSAGE INSPECTION SERVICES AGREEMENT AMENDMENT
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND A PROFESSIONAL
SERVICES AGREEMENT WITH CSG CONSULTANTS, INC. FOR MASSAGE
INSPECTION SERVICES IN AN AMOUNT OF $25,000 FOR A TOTAL CONTRACT
AMOUNT NOT TO EXCEED $100,000.
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a
second amendment to the professional services agreement with CSG Consultants, Inc. for additional
massage inspection services in an amount of $25,000, for a total contract amount not to exceed
$100,000.
BACKGROUND:
The City of San Rafael (City) regulates massage establishments under San Rafael Municipal Code
(SRMC) 10.90. The purpose of SRMC 10.90 is to provide for the orderly regulation of massage
establishments and to prevent the misuse of massage therapy as a front for prostitution and related
activities.
Over the past decade, the City has effectively utilized specialized consulting service providers to support
the massage inspection program. The massage inspection program involves specialized skills,
experience, and certifications.
On May 1, 2024, the City Manager approved and authorized a Professional Services Agreement with
CSG Consultants, Inc. (CSG) for massage inspection services in an amount not to exceed $75,000. On
December 8, 2024, the City Manager approved and authorized an amendment to the Professional
Services Agreement with CSG to extend the term of the agreement to June 30, 2025.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
CSG provides code enforcement and inspection services for many local jurisdictions. Since 1991, CSG
has exclusively served public agencies, sharing their commitments to the members of their communities
and seamlessly providing a wide range of municipal services.
ANALYSIS:
The City has exhausted the City’s existing $75,000 contract with CSG to implement the massage
inspection program. CSG’s service charges are approximately $3,000 a month, meaning the City’s
current contract with CSG will not allow them to provide ongoing massage inspection services through
the end of Fiscal Year (FY) 2024-25.
In order to provide CSG with sufficient resources to continue the massage inspection program for the
remainder of FY 2024-25, staff recommends amending the amount of CSG’s contract from a not to
exceed amount of $75,000 to a total contract amount not to exceed $100,000. This will cover existing
commitments for services and allow code enforcement staff to focus on other high priority enforcement
activities. A copy of the draft Second Amendment to the Professional Services Agreement is attached to
this report (Attachment 2).
To facilitate massage inspection program services beyond FY 2024 -25, staff will release a Request for
Proposals (RFP) this spring to select a consultant to provide these services after July 1, 2025.
FISCAL IMPACT:
The proposed second amendment to the professional services agreement with CSG increases the
contract amount by $25,000, from a not-to-exceed amount of $75,000 to $100,000. The Community
Economic & Development Department’s existing professional services budget for the massage program
(general ledger code 001-16-37002-9270) has sufficient funding available to fund this increase to CSG’s
contract. In addition, the City receives massage inspection program permitting fees and penalties from
non-compliant massage establishments that can contribute towards the cost of the proposed contract
amendment.
OPTIONS:
The City Council has the following options to consider on this matter:
1.Adopt a resolution to authorize the City Manager to execute the contract amendment as proposed;
2.Direct staff to return with more information; or
3.Take no action.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a
second amendment to the professional services agreement with CSG Consultants, Inc. for additional
massage inspection services in an amount of $25,000, for a total contract amount not to exceed
$100,000.
ATTACHMENTS:
1.Resolution
2.Second Amendment Professional Services Agreement with CSG Consultants, Inc.
RESOLUTION NO. 15374
RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND A PROFESSIONAL
SERVICES AGREEMENT WITH CSG CONSULTANTS, INC. FOR MASSAGE
INSPECTION SERVICES IN AN AMOUNT OF $25,000 FOR A TOTAL CONTRACT
AMOUNT NOT TO EXCEED $100,000
WHEREAS, the City of San Rafael (City) regulates massage establishments under San
Rafael Municipal Code (SRMC) 10.90; and
WHEREAS, the purpose of SRMC 10.90 is to provide for the orderly regulation of
massage establishments and to prevent the misuse of massage therapy as a front for
prostitution and related activities; and
WHEREAS, over the past decade, the City has effectively utilized specialized consulting
service providers to support the massage inspection program; and
WHEREAS, the massage inspection program involves specialized skills, experience,
and certifications; and
WHEREAS, on May 1, 2024, the City Manager approved and authorized a
Professional Services Agreement with CSG Consultants, Inc. (CSG) for massage inspection
services in an amount not to exceed $75,000; and
WHEREAS, On December 8, 2024, the City Manager approved and authorized an
amendment to the Professional Services Agreement with CSG to extend the term of the
agreement to June 30, 2025; and
WHEREAS, the City has exhausted the City’s existing $75,000 contract with CSG to
implement the massage inspection program; and
WHEREAS, CSG’s services charges are approximately $3,000 a month, meaning the
City’s current contract with CSG will not allow CSG to provide ongoing massage inspection
services through the end of Fiscal Year (FY) 2024-25; and
WHEREAS, in order to provide CSG with sufficient resources to continue the massage
inspection program for the remainder of FY 2024-25, staff recommends that the City Council
authorize amending the amount of CSG’s contract from a not to exceed amount of $75,000
to a total contract amount not to exceed $100,000; and
WHEREAS, the Community Economic Development Department’s existing
professional services budget for the massage program, (general ledger code
001-16-37002-9270) has sufficient funding available to fund this increase to CSG’s contract;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby authorizes the City Manager to amend the Professional Services between the
City and CSG Consultants, Inc., for additional massage inspection services in an amount of
$25,000, for a total contract amount not to exceed $100,000.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution
was duly and regularly introduced and adopted at a regular meeting of the City Council of the
City of San Rafael, held on Monday, the 3rd day of March 2025, by the following vote, to wit:
AYES:
NOES:
ABSENT:
Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
Councilmembers: None
Councilmembers: None
_____________________
Lindsay Lara, City Clerk
1
SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
CSG CONSULTANTS, INC FOR PROFESSIONAL CODE ENFORCEMENT
SERVICES
THIS SECOND AMENDMENT to the Professional Services Agreement by and
between the CITY OF SAN RAFAEL (hereinafter “CITY”), and CSG CONSULTANTS,
INC (hereinafter “CONSULTANT”), is made and entered into as of
_________________________.
RECITALS
WHEREAS, the CITY and CONSULTANT entered into a Professional Services
Agreement dated May 1, 2024 to perform professional services in connection with CITY’S
massage inspection program, for an amount not to exceed $75,000 (the Agreement); and
WHEREAS, the CITY and CONSULTANT entered into a First Amendment to the
Professional Services Agreement dated December 8, 2024, to extend the Term of the
Agreement by one year, through June 30, 2025; and
WHEREAS, the CITY and CONSULTANT wish to amend the Agreement to modify
the total compensation payable to CONSULTANT so as to authorize CONSULTANT to
provide additional code enforcement services.
AMENDMENT TO AGREEMENT
NOW, THEREFORE, the parties hereby agree to amend the Agreement as
follows:
1. Article II of the Agreement, entitled “COMPENSATION” is hereby amended
to include additional compensation payable to CONSULTANT, on a time
and materials basis in accordance with the rates listed in the First
Amendment to the Agreement, in a not-to-exceed amount of $25,000 and
to change the total not-to-exceed amount under the Agreement to
$100,000.
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2. Except as specifically amended herein, all of the other provisions, terms and
obligations of the Agreement between the parties shall remain valid and
shall be in full force.
IN WITNESS WHEREOF, the parties have executed this Second Amendment on
the day, month, and year first above written.
CITY OF SAN RAFAEL CONSULTANT
______________________________ By:______________________________
CRISTINE ALILOVICH, City Manager
Name:____________________________
Title:_____________________________
ATTEST:
[If Consultant is a corporation, add
signature of second corporate officer]
______________________________
LINDSAY LARA, City Clerk
By:______________________________
APPROVED AS TO FORM: Name:____________________________
Title:_____________________________
______________________________
ANDREA VISVESHWARA, Chief Assistant City Attorney
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Nourdin Khayata
Cyrus Kianpour
President
Secretary
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Contract Amendment
Final Audit Report 2025-03-07
Created:2025-03-06
By:Ariel Gutierrez (ariel.gutierrez@cityofsanrafael.org)
Status:Signed
Transaction ID:CBJCHBCAABAA54zgW5RCm2Y_74auuzsNQh2wJSabMDbB
"Contract Amendment" History
Document created by Ariel Gutierrez (ariel.gutierrez@cityofsanrafael.org)
2025-03-06 - 5:55:08 PM GMT- IP address: 199.88.113.8
Document emailed to Cyrus Kianpour (cyrus@csgengr.com) for signature
2025-03-06 - 5:55:13 PM GMT
Document emailed to Nourdin Khayata (nourdin@csgengr.com) for signature
2025-03-06 - 5:55:13 PM GMT
Email viewed by Nourdin Khayata (nourdin@csgengr.com)
2025-03-06 - 6:36:19 PM GMT- IP address: 198.189.159.82
Document e-signed by Nourdin Khayata (nourdin@csgengr.com)
Signature Date: 2025-03-06 - 6:37:26 PM GMT - Time Source: server- IP address: 198.189.159.82
Email viewed by Cyrus Kianpour (cyrus@csgengr.com)
2025-03-07 - 9:27:08 PM GMT- IP address: 107.1.231.154
Document e-signed by Cyrus Kianpour (cyrus@csgengr.com)
Signature Date: 2025-03-07 - 9:28:36 PM GMT - Time Source: server- IP address: 107.1.231.154
Agreement completed.
2025-03-07 - 9:28:36 PM GMT
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
Step RESPONSIBLE
DEPARTMENT
DESCRIPTION COMPLETED
DATE
REVIEWER
Check/Initial
1 Project Manager
a. Email PINS Introductory Notice to Contractor
b. Email contract (in Word) and attachments to City
Attorney c/o Laraine.Gittens@cityofsanrafael.org
Click here to
enter a date.
2/23/2025
☐
☒
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
2/24/2025
2/24/2025
☒ NT
☒ NT
3 Department Director Approval of final agreement form to send to
contractor
3/6/2025 ☒ ___AG_
4 Project Manager
Forward three (3) originals of final agreement to
contractor for their signature
3/6/2025 ☒
5 Project Manager When necessary, contractor-signed agreement
agendized for City Council approval *
*City Council approval required for Professional Services
Agreements and purchases of goods and services that exceed
$75,000; and for Public Works Contracts that exceed $175,000
Date of City Council approval
☐ N/A
Or
3/3/2025
☒
PRINT CONTINUE ROUTING PROCESS WITH HARD COPY
6 Project Manager Forward signed original agreements to City
Attorney with printed copy of this routing form
7 City Attorney Review and approve hard copy of signed
agreement
8 City Attorney Review and approve insurance in PINS , and bonds
(for Public Works Contracts)
9 City Manager / Mayor Agreement executed by City Council authorized
official
10 City Clerk Attest signatures, retains original agreement and
forwards copies to Project Manager
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Community & Economic Development
Project Manager: Don Jeppson Extension: Click here to enter text.
Contractor Name: CSG Consultants, Inc.
Contractor’s Contact: Cyrus Kianpour Contact’s Email: cyrus@csgengr.com
☐ FPPC: Check if Contractor/Consultant must file Form 700
2nd Amendment - CSG Consultants -
Professional Code Enforcement Services
Final Audit Report 2025-04-03
Created:2025-04-03
By:Nataly Torres (nataly.torres@cityofsanrafael.org)
Status:Signed
Transaction ID:CBJCHBCAABAAjRVXHOAQbyDZ9L1_s35OiwGXubeQSYjX
"2nd Amendment - CSG Consultants - Professional Code Enforc
ement Services" History
Document created by Nataly Torres (nataly.torres@cityofsanrafael.org)
2025-04-03 - 5:03:01 PM GMT- IP address: 199.88.113.8
Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval
2025-04-03 - 5:09:23 PM GMT
Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org)
2025-04-03 - 5:29:38 PM GMT- IP address: 104.47.65.254
Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org)
Approval Date: 2025-04-03 - 5:33:58 PM GMT - Time Source: server- IP address: 199.88.113.8
Document emailed to andrea.visveshwara@cityofsanrafael.org for signature
2025-04-03 - 5:34:00 PM GMT
Email viewed by andrea.visveshwara@cityofsanrafael.org
2025-04-03 - 5:34:31 PM GMT- IP address: 104.47.64.254
Signer andrea.visveshwara@cityofsanrafael.org entered name at signing as Andrea Visveshwara
2025-04-03 - 5:43:11 PM GMT- IP address: 199.88.113.8
Document e-signed by Andrea Visveshwara (andrea.visveshwara@cityofsanrafael.org)
Signature Date: 2025-04-03 - 5:43:13 PM GMT - Time Source: server- IP address: 199.88.113.8
Document emailed to city.clerk@cityofsanrafael.org for approval
2025-04-03 - 5:43:15 PM GMT
Email viewed by city.clerk@cityofsanrafael.org
2025-04-03 - 9:04:19 PM GMT- IP address: 199.88.113.8
Signer city.clerk@cityofsanrafael.org entered name at signing as Lindsay Lara
2025-04-03 - 9:04:57 PM GMT- IP address: 199.88.113.8
Document approved by Lindsay Lara (city.clerk@cityofsanrafael.org)
Approval Date: 2025-04-03 - 9:04:59 PM GMT - Time Source: server- IP address: 199.88.113.8
Document emailed to cristine.alilovich@cityofsanrafael.org for signature
2025-04-03 - 9:05:01 PM GMT
Email viewed by cristine.alilovich@cityofsanrafael.org
2025-04-03 - 10:22:13 PM GMT- IP address: 174.249.144.164
Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich
2025-04-03 - 10:23:13 PM GMT- IP address: 174.249.144.164
Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org)
Signature Date: 2025-04-03 - 10:23:15 PM GMT - Time Source: server- IP address: 174.249.144.164
Document emailed to city.clerk@cityofsanrafael.org for signature
2025-04-03 - 10:23:17 PM GMT
Email viewed by city.clerk@cityofsanrafael.org
2025-04-03 - 10:31:10 PM GMT- IP address: 199.88.113.8
Signer city.clerk@cityofsanrafael.org entered name at signing as Lindsay Lara
2025-04-03 - 10:31:30 PM GMT- IP address: 199.88.113.8
Document e-signed by Lindsay Lara (city.clerk@cityofsanrafael.org)
Signature Date: 2025-04-03 - 10:31:32 PM GMT - Time Source: server- IP address: 199.88.113.8
Agreement completed.
2025-04-03 - 10:31:32 PM GMT
