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HomeMy WebLinkAboutCED Massage Inspection Program Services v. Feb 2025 Page 1 CITY OF SAN RAFAEL PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Contract”) is entered into by and between the City of San Rafael (“City”) and __________________________________________ (“Contractor”), a __________________________________________________ for __________________________________________________________, and is effective on _____________________ (“Effective Date”). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Contract.” RECITALS A. City desires to secure professional services more fully described in this Contract, at Exhibit A, entitled “SCOPE OF WORK”; and B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and C. Contractor acknowledges that the execution of this Contract by the City is predicated upon the representations made in Contractor’s proposal dated _________________ submitted to the City; and D. The Parties have specified herein the terms and conditions under which such services will be provided and paid for. NOW, THEREFORE, the parties hereby agree as follows: CONTRACT 1. WORK TO BE PERFORMED. Except as otherwise may be expressly specified in this Contract, Contractor shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as “Services”) to satisfactorily complete the work required by City at its sole risk and expense. Services to be provided to City are more fully described in Exhibit A entitled “SCOPE OF WORK.”. June 25, 2025 California CSG Consultants, Inc. Massage Inspection Program Services Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 Corporation September 23, 2025 2025.0053 v. Feb 2025 Page 2 2. COMPENSATION. In consideration for Contractor’s complete performance of the Scope of Work, City will pay Contractor in accordance with the rates and/or prices set forth in Exhibit A, up to the not-to-exceed amount of $_____________. Contractor shall not increase its rates throughout the Term of this Contract, except that upon 60 day written notice, Contractor may adjust its rates no more than once annually at a maximum amount equal to the percentage change through December in the prior calendar year to the consumer price index (“CPI”) for California, All Urban Consumers, San Francisco-Oakland-San Jose areas, not to exceed five percent (5%). Contractor will bill City on a monthly basis for work performed by Contractor during the preceding month, subject to verification by City. City will pay Contractor within thirty (30) days of City’s receipt of invoice. 3. TERM OF CONTRACT. This Contract becomes effective upon the date listed as "Effective Date" and shall remain in effect until the completion of all obligations of both Parties hereto, or ___________________________ from the Effective Date, whichever comes first, unless terminated or amended as provided herein. 4. RELIANCE ON PROFESSIONAL SKILL OF CONTRACTOR. Contractor represents that it has the necessary professional skills to perform the work required and the City shall rely on such skills of the Contractor to do and perform the work. In performing the work hereunder Contractor shall adhere to the standards generally prevailing for the performance of expert consulting services similar to those to be performed by Contractor hereunder. Contractor represents that it has reviewed Exhibit A and that in its professional judgment the work to be performed under this Contract can be performed for a fee within the maximum amount set forth herein and within the times specified. Contractor represents that it possesses all necessary training, licenses and permits to perform the Scope of Work and that its performance of the Scope of Work will conform to the standards of practice of a professional having experience and expertise in performing professional services of like nature and complexity of the Scope of Work working on similar, successfully completed projects. The granting of any progress payment by City, or the receipt thereof by Contractor, or any inspection, review, approval or oral statement by any representative of City or any other governmental entity, shall in no way waive or limit the obligations in this Paragraph 4 or lessen the liability of Contractor for unsatisfactory work, including but not limited to cases where the defective or below standard work may not have been 50,000 June 30, 2026 Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 v. Feb 2025 Page 3 apparent or detected at the time of such payment, inspection, review or approval. 5. PROJECT COORDINATION. A. City’s Project Manager. ________________________________ is hereby designated the Project Manager for the City and said Project Manager shall supervise all aspects of the progress and execution of this Contract. B. Contractor’s Project Director. Contractor shall assign a single Project Director to have overall responsibility for the progress and execution of this Contract for Contractor. ___________________________________ is hereby designated as the Project Director for Contractor. Should circumstances or conditions subsequent to the execution of this Contract require a substitute Project Director, for any reason, the Contractor shall notify the City within ten (10) business days of the substitution. 6. TERMINATION. A. The term of this Contract shall commence upon the date hereinabove written and shall expire upon completion of performance of work hereunder by Contractor. B. Notwithstanding the provisions of (A) above, City may with or without cause, direct Contractor to suspend, delay or interrupt the work, in whole or in part, for such periods of time as City may determine in its sole discretion. C. City may terminate this Contract in whole, or from time to time in part, for default, should Contractor commit a material breach of this Contract, or part thereof, and not cure such breach within ten (10) calendar days of the date of City’s written notice to Contractor demanding such cure, in which case Contractor shall be liable to City for all loss, cost, expense, damage and liability resulting from such breach and termination. D. City may terminate this Contract in whole, or from time to time in part, for convenience, whenever City determines that such termination is in City’s best interests, in which case Contractor shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Contract would otherwise provide, but may recover no other cost, damage or expense. Contractor shall continue its work throughout the course of any dispute, and Contractor’s failure to continue work during a dispute shall be a material breach of this Contract. E. Lack of Appropriation: If this Contract is a multi-year contract, subject to appropriation each fiscal year, the City may terminate this Contract immediately for lack of appropriation of funds. F. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Contract without the prior written consent of the other. Hector Carlos Lee Holt Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 v. Feb 2025 Page 4 G. 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 performance of its duties under this Contract, shall be delivered to City as soon as possible, but not later than thirty (30) days after termination. 7. INSURANCE REQUIREMENTS. During the term of this Contract, and for any time period set forth in Exhibit B, Contractor shall procure and maintain in full force and effect, at no cost to City insurance policies with respect to employees and vehicles assigned to the performance of work under this Contract with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit B. 8. INDEMNIFICATION. A. Except as otherwise provided in subparagraph B of this section, Contractor shall, to the fullest extent permitted by law, indemnify, 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 Contract. 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 Contract, Contractor shall provide a defense to the City Indemnitees or at City’s option reimburse the City Indemnitees their costs of defense, including reasonable attorneys’ fees, incurred in defense of such claims. B. Where the work to be performed by Contractor under this Contract are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, Contractor shall indemnify and hold harmless the City and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney’s fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 v. Feb 2025 Page 5 recklessness, or willful misconduct of Contractor, or any sub Contractors, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. C. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract and shall survive the termination or completion of this Contract for the full period of time allowed by law. 9. PREVAILING WAGE. If the work to be performed under this Contract is for services where prevailing wages are required by State law, Contractor shall pay prevailing wages to its employees on any contract in excess of $1,000.00, Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the City’s Public Works Department upon request and may be obtained from the California Department of Industrial Relations website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. Contractor shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. Contractor and all subcontractors shall keep and maintain accurate employee payroll records for Work performed under the Contract. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Contract. 10. NOTICES. All notices and other communications required or permitted to be given under this Contract, including any notice of change of address, shall be in writing and given by email, personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of email, personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: To City’s Project Manager: [As identified in item 5.A] ___________________________ San Rafael, CA 94901 Email: ______________________ To Contractor’s Project Director: [As identified in item 5.B] ___________________________ ___________________________ Email: ______________________ leeh@csgengr.com 1400 Fifth Avenue hector.carlos@cityofsanrafael.org 2150 River Plaza Dr, Suite 255 Sacramento, CA 95833 Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 v. Feb 2025 Page 6 11. LIABILITY OF CITY. Except as provided in Exhibit A, Scope of Work to be Provided by Contractor and Exhibit B, Insurance, City's obligations under this Contract shall be limited to the payment of the compensation provided for in Paragraphs 1 and 2 of this Contract, Notwithstanding any other provision of this Contract, in no event shall City be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Contract, the Scope of Work, or the Project. City shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by Contractor, or by any of its employees, even though such equipment be furnished, rented or loaned to Contractor by City. The acceptance or use of such equipment by Contractor or any of its employees shall be construed to mean that Contractor accepts full responsibility for and shall exonerate, indemnify, defend and save harmless City from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to the Contractor, its employees, City employees or third parties, or to property belonging to any of the above. Nothing in this Contract shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which City or Contractor may have under this Contract or any applicable law. All rights and remedies of City or Contractor, whether under this Contract or other applicable law, shall be cumulative. 12. MEDIATION. Unless waived by the City, should any dispute arise out of this Contract, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Unless the City waives this requirement, Contractor shall not be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs. 13. GENERAL TERMS AND CONDITIONS. This Contract includes, and the Contractor agrees to comply with the City’s General Terms and Conditions, which are set forth in Exhibit C, attached hereto and incorporated by reference. [Signatures are on the following page.] Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 v. Feb 2025 Page 7 IN WITNESS WHEREOF, the parties have executed this Contract as of the day, month and year first above written. CITY OF SAN RAFAEL: _________________________________ ________________________________, _________________________________ Executed on:_______________________ APPROVED AS TO FORM: Office of the City Attorney _________________________________ ________________________________, _________________________________ ATTEST: City Clerk _________________________________ ________________________________, _________________________________ CONTRACTOR: __________________________________ By: ____________________________ Name: ____________________________ Title: ____________________________ [If Contractor is a corporation, second corporate officer signature required] __________________________________ By: ____________________________ Name: ____________________________ Title: _____________________________ Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 CSG Consultants Inc. Cyrus Kianpour President Secretary Nourdin Khayata CSG Consultants, Inc.Andrea Visveshwara Chief Assistant City Attorney City Manager Cristine Alilovich September 23, 2025 Brenna Nurmi, Deputy City Clerk for Lindsay Lara, City Clerk Deputy City Clerk EXHIBIT A SCOPE OF WORK This is an Exhibit attached to, and made a part of the Contract by and between Contractor and the City providing for the referenced services. The Scope of Work includes: 1. Description of the Work: 1.1 Description: Contractor will provide Massage Inspection Program code enforcement services. Contractor will work in concert with City staff to ensure massage establishments comply with the City’s Massage Ordinance and state law—helping to safeguard public health, safety, and welfare. 2. Specific Tasks: As part of the Scope of Work, the Contractor shall perform the following tasks: 2.1 Task 1 – Provide oversight, inspections, and regulation of massage therapy establishments. Review permit applications and coordinate regularly with CAMTC (California Massage Therapy Council) to check credentials. 2.2 Task 2 – Inspect massage establishments to ensure minimum sanitation and operational standards are met. Types of inspections to be performed include initial inspection, annual inspection, possible compliance inspections, and any needed investigative work. This may also include sting operations, after-hour & weekend inspections. 2.3 Task 3 – Confirm practitioners and owners have required qualifications and or/licenses. 2.4 Task 4 – Safeguard the misuse of massage establishments as a front for illegal activity. Assist the City in identifying problematic businesses, addressing concerns, issue citations for violations, and suspend or close establishments with repeated or egregious violations of the City’s Massage Ordinance. DELIVERABLES Contractor’s deliverables under the Contract are enunciated throughout the Contract and include but are not limited to the following: Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 1. Project Deliverables: 1. Contractor will write a monthly summary report for the Code Division. METHOD OF PAYMENT Subject to the terms and conditions of this Contract, Contractor shall be paid on a basis set forth herein by the checked boxes below: ☐ A fixed fee for the work performed ☒ An hourly rate for the work performed based on the following hourly rates: SCHEDULE The contractor is in the office once a week and performs periodic field inspections as required. – END OF EXHIBIT A – Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 v. Feb 2025 Exhibit B-1 EXHIBIT B INSURANCE REQUIREMENTS During the term of this Contract, and for any time period set forth below, Contractor shall procure and maintain in full force and effect, at no cost to City insurance policies with respect to employees and vehicles assigned to the performance of work under this Contract with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in this Exhibit B. A. Scope of Coverage. During the term of this Contract, Contractor shall maintain, at no expense to City, the following insurance: 1. Commercial general liability. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. Automobile liability. An automobile liability (owned, non-owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. 3. Professional liability. If any licensed professional performs any of the work required to be performed under this Contract, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the Contractor's performance under this Contract. Where Contractor is a professional not required to have a professional license, City reserves the right to require Contractor to provide professional liability insurance pursuant to this section. 4. Workers’ compensation. If it employs any person, Contractor shall maintain workers’ compensation insurance, as required by the State of California, with statutory limits, and employer’s liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. Contractor’s workers’ compensation insurance shall be specifically endorsed to waive any right of subrogation against City. B. Other Insurance Requirements. The insurance coverage required of the Contractor in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or workers’ compensation insurance, the insurance policies shall be specifically endorsed to include the City, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under Contractor’s insurance Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 v. Feb 2025 Exhibit B-2 policies shall be “primary and noncontributory” with respect to any insurance or coverage maintained by City and shall not call upon City's insurance or self-insurance coverage for any contribution. The “primary and noncontributory” coverage in Contractor’s policies shall be at least as broad as ISO form CG20 01 04 13. 3. Except for professional liability insurance or workers’ compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Contract, Contractor hereby grants to City a waiver of any right to subrogation which any insurer of Contractor may acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Form, then, following termination of this Contract, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the Effective Date of this Contract. 7. The limits of insurance required in this Contract may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City (if agreed to in a written contract or agreement) before City’s own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Contract that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of the Contractor under this Contract. 9. Contractor agrees to ensure that subcontractors, and any other party involved with the performance of work under this Contract, who is brought onto or involved in the performance of the work by Contractor under this Contract, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Contract. CONSUTLANT agrees that upon request by City, all Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 v. Feb 2025 Exhibit B-3 agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the work under this Contract will be submitted to City for review. 10. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the Scope of Work reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Contract. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. C. Deductibles and SIR’s. Any deductibles or self-insured retentions in Contractor's insurance policies must be declared to and approved by the City and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City or other additional insured party. At City's option, the deductibles or self- insured retentions with respect to City shall be reduced or eliminated to City's satisfaction, or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney’s fees and defense expenses. D. Proof of Insurance. Contractor shall provide to the Project Manager all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Contract; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Contract. 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 shall be approved as to form and sufficiency by the City. Failure to comply with these requirements shall be considered a material breach of contract. Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 v. Feb 2025 Exhibit C-1 EXHIBIT C GENERAL TERMS AND CONDITIONS 1. COMPLIANCE WITH ALL LAWS. Contractor shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Contract. Contractor shall perform all work under this Contract in accordance with these laws, ordinances, codes and regulations. Contractor shall release, defend, indemnify and hold harmless City, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 2. PROVISIONS DEEMED INSERTED. Every provision of law required to be inserted in the Contract is deemed to be inserted, and the Contract will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly. 3. SEVERABILITY. If any provision of the Contract documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract documents will remain in full force and effect. 4. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the Contractor in connection with the performance of its duties under this Contract, shall be the sole property of City. City may use said property for any purpose, including projects not contemplated by this Contract. 5. INSPECTION AND AUDIT. Upon reasonable notice, Contractor shall make available to City, or its agent, for inspection and audit, all documents and materials maintained by Contractor in connection with its performance of its duties under this Contract. Contractor shall fully cooperate with City or its agent in any such audit or inspection. Contractor shall maintain all Project- related records for a period of three (3) years from completion of the work. 6. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Contract nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Contract or any rights, duties Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 v. Feb 2025 Exhibit C-2 or obligations arising hereunder shall be void and of no effect. 7. WORKERS' COMPENSATION. Contractor certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor certifies that it will comply with such provisions before commencing the performance of the work of this contract. 8. NONDISCRIMINATION. Contractor shall not discriminate, in any way, against any person on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation in connection with or related to the performance of its duties and obligations under this Contract. 9. NO THIRD PARTY BENEFICIARIES. City and Contractor do not intend, by any provision of this Contract, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Contract, to the other party. 10. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Contract, Contractor, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the City. Contractor and City expressly intend and agree that the status of Contractor, its officers, agents and employees be that of an Independent Contractor and not that of an employee of City. 11. ENTIRE CONTRACT -- AMENDMENTS. A. The terms and conditions of this Contract, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Contract of the parties with respect to the subject matter of this Contract. B. This written Contract shall supersede any and all prior contracts, oral or written, regarding the subject matter between the Contractor and the City. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Contract, shall be valid or binding, except by way of a written amendment to this Contract. D. The terms and conditions of this Contract shall not be altered or modified Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 v. Feb 2025 Exhibit C-3 except by a written amendment to this Contract signed by the Contractor and the City. E. If any conflicts arise between the terms and conditions of this Contract, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Contract shall control. 12. SET-OFF AGAINST DEBTS. Contractor agrees that City may deduct from any payment due to Contractor under this Contract, any monies which Contractor owes City under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 13. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Contract, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Contract, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Contract or any applicable law, ordinance or regulation. 14. CITY BUSINESS LICENSE / OTHER TAXES. Contractor shall obtain and maintain during the duration of this Contract, a City business license as required by the San Rafael Municipal Code, and 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 Contract, until Contractor has provided City with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 15. SURVIVAL OF TERMS. Any terms of this Contract that by their nature extend beyond the term (or termination) of this Contract shall remain in effect until fulfilled and shall apply to both Parties’ respective successors and assigns. 16. GOVERNING LAW. This Contract shall be deemed to have been executed in the County of Marin, California. The formation, interpretation and performance of this Contract shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated by either party shall be brought in the County of Marin, California unless the parties agree otherwise in a written amendment to this Contract. Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 v. Feb 2025 Exhibit C-4 17. CONFLICT OF INTEREST. Contractor, its employees, subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or policy or in violation of any California law, including under Government Code section 1090 et seq. and under the Political Reform Act as set forth in Government Code section 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract. 18. AUTHORIZATION. Each individual signing above warrants that they are authorized to do so by the party that they represent, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313. 19. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Contract may be executed by electronic signature and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. All following documents are attached as reference material. RESPONSIBLE PARTY DESCRIPTION COMPLETED Project Manager Email PINS insurance request to Contractor ☐ City Attorney’s Office Review, revise as needed, and approve agreement as to form Department Director Review and approve agreement Risk Management Confirm insurance documentation is complete Finance Review and sign off on funding availability TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Project Manager: Contractor Name: Contractor’s Contact: Contact’s Email: City Council Date: ☐ ___________________ or ☐ Not applicable ☐ FPPC: Check if Contractor must file Form 700 leeh@csgengr.com Hector Carlos Lee Holt CSG Consultants X X Community and Economic Development Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 550 Pilgrim Drive Foster City, CA 94404 650.522.2500 phone 650.522.2599 fax www.csgengr.com PROPOSAL TO THE City of San Rafael FOR CODE ENFORCEMENT SERVICES (Massage Inspection Program) June 25, 2025 Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 PROPOSAL FOR CODE ENFORCEMENT SERVICES TO THE CITY OF SAN RAFAEL Table of Contents SECTION 1 Cover Letter 2 SECTION 2 Staffing Resources 3 SECTION 3 Experience 4 SECTION 4 Scope of Work 5 SECTION 5 Fee Schedule 6 SECTION 6 Appendix (Resumes) 7 Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 PROPOSAL FOR CODE ENFORCEMENT SERVICES TO THE CITY OF SAN RAFAEL 2 Cover Letter June 25, 2025 Hector Carlos Code Enforcement Supervisor City of San Rafael 1400 Fifth Avenue, Top Floor San Rafael, CA 94901 Subject: Massage Inspection Program (Code Enforcement Services) Dear Mr. Carlos, On behalf of CSG Consultants, Inc. (CSG), thank you for the opportunity to submit our proposal to the City of San Rafael (City) for Massage Inspection Program Code Enforcement Services. We value our partnership in this capacity and look forward to continuing to serve the community of San Rafael together. CSG offers Code Enforcement Officers that work in concert with City staff to ensure massage establishments comply with the City’s Massage Ordinance and state law—helping to safeguard public health, safety, and welfare. CSG shares a common goal of maintaining community safety and wellbeing in the City, facilitated by the resolution of violations in a fair and efficient manner. CSG personnel will work alongside City staff to uphold the City’s Massage Ordinance by ensuring the following:  Orderly regulation and oversight of massage therapy services  All massage establishments provide minimum sanitation and operational standards  All massage establishments require minimum qualifications for practitioners and owners  Preventing the misuse of massage therapy establishments as a front for prostitution or other illegal activities Lee Holt, CCEO, will serve as the primary contact and project manager for this contract and will manage the code enforcement staff identified herein. Ms. Holt has over 25 years of public agency experience. Her contact information is as follows: Lee Holt, CCEO | Code Enforcement Manager (650) 522-2500 office | (650) 245-7122 cell | leeh@csgengr.com email Please feel free to contact Ms. Holt with any questions or comments you may have regarding our proposal. We understand the not-to-exceed amount for these services to be $50,000. Our staff excel at working alongside City staff and residents to promote code compliance that allows communities to remain safe, healthy, and vibrant. We look forward to continuing to serve the City and further its Massage Inspection Program. Sincerely, Cyrus Kianpour, PE, PLS President, CSG Consultants SECTION 1 Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 PROPOSAL FOR CODE ENFORCEMENT SERVICES TO THE CITY OF SAN RAFAEL 3 Staffing Resources ORGANIZATION CHART Lee Holt, CSG’s Code Enforcement Manager, will serve as the point of contact for the City and, in conjunction with the City’s Project Manager(s), will allocate appropriate levels of resources and will ensure that work is comprehensive, accurate, and meets the City’s needs. No subconsultants will be used for this contract. Resumes with detailed qualifications of proposed key staff members are provided in the Appendix. SECTION 2 CODE ENFORCEMENT Gary Kornahrens, CCEO Code Enforcement Supervisor James Jonte Code Enforcement Officer II Thomas Mlady Code Enforcement Officer I Lee Holt, CCEO Code Enforcement Manager Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 PROPOSAL FOR CODE ENFORCEMENT SERVICES TO THE CITY OF SAN RAFAEL 4 Relevant Experience MASSAGE INSPECTION PROGRAM The following is a sampling of projects for which CSG has provided massage program enforcement/inspection services similar to those requested by the City. MASSAGE PROGRAM IMPLEMENTATION AND MANAGEMENT | CITY OF SAN RAFAEL, CA Starting in 2013, CSG’s Code Enforcement staff has assisted the city in the development and ongoing implementation of its successful Massage Inspection Program (MIP). The program provides full administrative services in managing and monitoring all permitted massage businesses within the City of San Rafael. This is done by following the San Rafael Municipal Code, 10.90, which outlines the expectations, processes and requirements to perform massage in the city limits. From permit intake to inspection, this program manages nearly 80 sole practitioners and establishments. Applications are reviewed, we coordinate regularly with CAMTC (California Massage Therapy Council) to check credentials, perform a combination of inspections from initial inspection, annual inspection, possible compliance inspections, and any needed investigative work. This may also include sting operations, after-hour & weekend inspections. While the program was created and initiated to address illicit massage activities, the majority of the practitioners and businesses are compliant and within the therapeutic framework. A major role we perform is to act as a city liaison to help maintain and promote retaining massage services in the city. Yet in order to address unpermitted practitioners and activities, the same legal process is applied uniformly. This includes providing enforcement when indicated, from citations, up to permit revocation. We have been a consistent and beneficial component of this program and within the local massage community. Since the inception of the City’s program, CSG has managed, worked collaboratively with, and permitted hundreds of individuals and businesses. Additionally, we have helped the City identify problematic businesses, address concerns, issued citations for violations, and suspended or closed numerous establishments with repeated or egregious violations of the City’s Massage Ordinance. 3 SECTION Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 PROPOSAL FOR CODE ENFORCEMENT SERVICES TO THE CITY OF SAN RAFAEL 5 Scope of Work CAPABILITIES Code enforcement activities are a crucial service to ensure not only public health and safety, but also to enhance economic development throughout a community. Blighted conditions such as graffiti on public and private properties, illegal dumping, vacant lots, overgrown vegetation, deteriorated building exteriors, missing or broken windows and screens, foreclosures, illegal signs, and inoperable vehicles all contribute to a community’s negatively to its image and deterioration. Municipal Code standards are enforced to ensure that communities remain attractive, inviting, and safe. Well-kept communities help to maintain or increase values, discourage crime, encourage quality development while preserving the overall quality of life in the community. And supportive education of community members plays an essential role in a jurisdiction’s ability to self-regulate and reduce program demand. As consultants, CSG and its Code Enforcement Officers are driven to provide a high standard of performance and program delivery. CSG staff are highly skilled, experienced, culturally sensitive, and possess various certifications such as PC 832, California Association of Code Enforcement Officers (CACEO) or equivalent. In addition, their computer literacy includes familiarity with Central Square (TrakIt), Accela, iWorQ, Tyler, Microsoft Office programs (Word, Outlook, and Excel), and other current code enforcement databases or supportive platforms. As part of their normal duties, CSG officers enforce state/local laws; issue Administrative Citations; author reports, can testify at hearings, and perform other duties as may be required. CSG has Code Enforcement Officers who are bilingual in Spanish, who can be assigned to meet the City’s needs. While each officer has their own background and style, to be successful in their duties, all of team members are articulate, coachable, driven, effective, and relatable. MASSAGE INSPECTION CSG offers code enforcement staff who are well-versed in upholding Massage Inspection Programs, ensuring all massage establishments comply with applicable City Ordinance’s and state laws. In doing so, CSG’s staff work collaboratively with client agencies to protect public health, safety, and welfare. These services include, but are not limited to:  Providing oversight, inspections, and regulation of message therapy establishments  Inspecting massage establishments to ensure minimum sanitation and operational standards are met  Confirming practitioners and owners have required qualifications and/or licenses  Safeguarding the misuse of massage establishments as a front for illegal activity 4 SECTION Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 PROPOSAL FOR CODE ENFORCEMENT SERVICES TO THE CITY OF SAN RAFAEL 6 Fee Schedule CODE ENFORCEMENT SERVICES CSG’s fee schedule for its Code Enforcement services is provided in the table below. Our hourly rates cover general overhead expenses such as mileage and most other equipment necessary to execute the job requirements. The not-to-exceed amount is $50,000 for the proposed services. PERSONNEL HOURLY RATE Code Enforcement Manager $215 Code Enforcement Supervisor $180 Senior Code Enforcement Officer $170 Code Enforcement Officer II $140 Code Enforcement Officer I $115 Overtime Rate (in excess of 8 hours per day) 1.5 x Hourly Rate All hourly rates include overhead costs including, but not limited to, salaries, benefits, workers’ compensation insurance, travel and office expenses. Overtime services and services provided outside of normal business hours will be billed at 1.5x the applicable hourly rate. “On Call” work performed outside of any regular assignments, will be billed on a four-hour minimum basis. On July 1 of each year following the contract start year, CSG will initiate a rate increase based on change in CPI for the applicable region. CSG will deliver an invoice every month for services rendered during the previous month. 5 SECTION Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 PROPOSAL FOR CODE ENFORCEMENT SERVICES TO THE CITY OF SAN RAFAEL 7 Appendix (Resumes) 6 SECTION Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 Lee LICENSES & CERTIFICATIONS California Association of Code Enforcement Officers (CACEO) Certified Code Enforcement Officer (Basic, Intermediate, Advanced) Police Officer Standards Training (POST): PC 832 Arrest, Search & Seizure #2970-80102-15004 PC 832 Firearms Familiarization #2970-80101-15014 Field Training Officer (FTO) #2970-31725-18-001 Crime Through Environmental Design (CPTED) | #2970-31310-17-001 Interview & Interrogation (I&I) #2970-31445-14004 Drug & Alcohol #2970-20315-15003 Crime Scene & Forensic Photography #2970-31684-16001 California Law Enforcement Telecommunications System (CLETS) California State Fire Marshal (CSFM): Investigation 1A Prevention 1A & 1B Management 1A Firefighter 1 Command 1A ICS 200 HazMat FRO Awareness OR 194275 HazMat: Nuclear Biological Chemical Terrorism OR167282 HazMat Decontamination OR 167259 Emergency Medical Technician (EMT) #E041012 Qualified Applicator License (QAL) (C/F/J Categories) | #115185 EDUCATION Bachelor of Arts, Liberal Studies/Biology | CSU Hayward, Hayward, CA PROFESSIONAL AFFILIATIONS International Code Council (ICC) American Association of Code Enforcement (AACE) California State Fire Association (CSFA) CACEO Region 1 Director Holt CCEO Code Enforcement Manager Ms. Holt is a certified Senior Code Enforcement Officer for CSG Consultants and its public agency clients. Officer Holt has over 20 years of agency and special district experience, serving in a variety of monitoring, code enforcement, health and safety, fire, and building services- related capacities. Ms. Holt is widely credentialed; an effective team member and collaborator across departments, agencies and the public; developer of clear, concise and accurate reports, and brings a strategic mindset in delivering solutions for clients. Ms. Holt is in pursuit of her Residential Building Inspector certificate and is also training for the Permit Technician certificate as well. CSG EXPERIENCE Code Enforcement Officer | Multiple CSG Client Agencies Ms. Holt performed comprehensive code enforcement services as well as assisted with targeted programs including vending enforcement, massage ordinance, program review, STR (short-term rental), ordinance enforcement, C4 Storm Water Inspections at commercial and industrial facilities, and often provides council updates and presentations. She has provided code enforcement services the following agencies:  City of Santa Cruz  City of San Rafael  City of Sausalito  City of Seaside  City of Livingston  City of Rocklin  City of Millbrae  City of Half Moon Bay  City of Half Moon Bay  City of Hercules  City of Newark  City of San Carlos  City of Los Banos  City of Campbell  Town of Loomis  Town of Portola Valley  Town of Colma  County of Marin  County of Ventura  County San Joaquin Code Enforcement Training Officer | City of Gustine Ms. Holt served as the training officer for new staff in the City of Gustine. ADDITIONAL RELATED EXPERIENCE Water Operator | Yolo County Flood Control Ms. Holt served as Water Operator ensuring distribution to growers during irrigation season, including water usage and flow calculation. She was also responsible for maintaining the water system through construction and operating heavy equipment. Other responsibili ties included setting up SOP’s (Standard Operating Procedures) for water quality testing and written protocols (e.g., calibration) for water quality sensors and collection. Fire Fighter | Vacaville Fire Protection District In addition to responding to fire calls, Ms. Holt assisted in district functions, outreach, recruit training, sponsored events, OES responses; equipment upkeep; and report writing. Vector Control Technician | City of Berkeley Ms. Holt’s work included maintaining health and safety conditions within the City as mandated by state/federal laws. This included providing response to calls for service about sewage, rodents, insects, raccoons (and other wildlife), abandoned/inoperable v ehicles, vegetation, mold, and other health-related concerns. Vector Biologist | Alameda County Mosquito Abatement Ms. Holt increased awareness and coordination between local agencies and related businesses within her assigned zone, through outreach, presentations and education at selected community events, fairs, and schools. Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 Gary LICENSES & CERTIFICATIONS California Association of Code Enforcement Officers (CACEO): Certified California Code Enforcement (CCEO) (Basic, Intermediate, Advanced) CACEO Continuing Education California Mold Update Boss to Coach SB296 Officer Safety Update Peace Officer Standards Training (POST): Reserve Officer I Leadership & Development (250 hours) I Santa Clara County Sheriff’s Department PC 832 Arrest, Search & Seizure PC 832 Firearms Familiarization EDUCATION General Education, Chabot Community College | Hayward, CA Public Administration, California State University Hayward | Hayward, CA Reserve Police Academy, College of San Mateo | San Mateo, CA PROFESSIONAL AFFILIATIONS California Association of Code Enforcement Officers (CACEO) Abandoned Vehicle Abatement Service Authority | (AVASA) Silicon Valley Animal Control Spay and Neuter Committee TAGNET Anti-Graffiti Task Force Kornahrens CCEO Code Enforcement Supervisor Mr. Kornahrens has over 40 years of enforcement experience, including 26 years as a Code Enforcement Officer and Supervisor with the City of Cupertino, and another 10 years with CSG. Additionally, he has 5 years direct experience conducting Administrative Hearings for the Cities of Fremont, Union City, San Rafael, Lathrop, Napa, Salinas, Ceres, and the Los Rios Community College District. He has served on several boards and commissions including serving three terms on the Abandoned Vehicle Abatement Service Authority (AVASA) and service on the TAGNET Anti-Graffiti Task Force. Mr. Kornahrens has completed the 250-hour POST certified Santa Clara County Sheriff’s Leadership and Development class. Now as a Code Enforcement Supervisor, he continues to provide staff mentorship and guidance and assist the Program Manager with proposals and overall program support. CSG EXPERIENCE Senior Code Enforcement Officer | Town of Woodside Mr. Kornahrens is the assigned officer in a long-term assignment in Woodside, and enforces all facets of the municipal code, including health & safety and building violations. Senior Code Enforcement Officer | Towns of Portola Valley and Colma Mr. Kornahrens was the established Code Enforcement Officer for these jurisdictions, and trained staff to address and enforce any code violations, including leaf blowers, building violations, and general code concerns. Code Enforcement Officer | County of San Joaquin, CA Mr. Kornahrens assisted in the program review of the County’s Code Enforcement division. Code Enforcement Officer | City of Campbell, CA Acting as the City’s full-time code enforcement handling all current cases, Mr. Kornahrens also addressed aged cases in attempts to reduce their case backlog. Massage Establishment Enforcement Program | City of San Rafael, CA Mr. Kornahrens was part of a team of representatives that supported the City of San Rafael in enforcing their Massage Ordinance. As a regulatory officer in the Massage Inspection Program (MIP), he was one of the original members who assisted with the implementation of the still operating program. ADDITIONAL RELATED EXPERIENCE Senior Code Enforcement Officer | City of Cupertino, CA As both Senior Code Enforcement Officer and Supervisor, Mr. Kornahrens enforced the Municipal Code for the City of Cupertino. Reserve Deputy | Santa Clara County Sheriff’s Department Mr. Kornahrens was assigned to the County’s Transit Patrol Division. Reserve Police Officer | Mountain View Police Department While with Mt. View, Mr. Kornahrens performed solo patrol of an assigned beat within the city. Community Services Officer | Mountain View Police Department Responsibilities included both parking enforcement and equipment maintenance scheduling. Correctional Officer and Reserve Police Officer | Hayward Police Department Mr. Kornahrens performed custodial care of the prisoners and solo patrol of an assigned beat within the City. School Security Agent | Hayward Unified School District Mr. Kornahrens patrolled over 40 school campuses, responded to alarms and safety concerns. School Security Agent | San Leandro Public School District Assigned as a high school campus supervisor providing school security. Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 James LICENSES & CERTIFICATIONS California Association of Code Enforcement Officers (CACEO): Certified Code Enforcement Officer (CCEO) (Basic, Intermediate, Advanced) Environmental Protection Agency (EPA): Lead Renovation, Repair and Painting Program (RRP) Police Officer Standards Training (POST): PC 832 Arrest, Search & Seizure PC 832 Firearms Familiarization Level 1 Basic Law Enforcement Federal Emergency Management Agency (FEMA): Introduction to Incident Command System # IS-00100.b ICS for Single Resources and Initial Action Incident # IS-00200.b National Incident Management System (NIMS) # IS-00700.a Texas A&M Engineering (TEEX): Terrorism Awareness for Emergency Responders AWR-160 Operational Level Response to HAZMAT/WMD Incidents AVERT (Active Shooter Response Training) Instructor California State Contractors C-15 License PROFESSIONAL AFFILIATIONS CACEO member Jonte Code Enforcement Officer II Mr. Jonte is Code Enforcement Officer for CSG Consultants and brings over 10 years of investigative experience. He brings to the code enforcement role excellent communication, officer safety experience, strength in targeted programs including vending enforcement, leadership and interpersonal skills and the ability to handle a wide variety of cases. Additionally, he is currently in pursuit of his International Code Council (ICC) Residential Building Inspector certificate. RELEVANT JURISDICTIONAL EXPERIENCE CSG Code Enforcement Officer | County of San Joaquin Mr. Jonte served as a code enforcement officer for the County of San Joaquin, reviewing and addressing old housing cases, and helping to integrate them into Code Enforcement. Code Enforcement Officer | City of Hercules, and Town of Loomis, CA Mr. Jonte has served both agencies performing comprehensive code enforcement, case review, as well as assisting with targeted programs including vending enforcement. Code Enforcement Officer | City of Santa Cruz, CA Mr. Jonte was an essential team member in addressing vendor enforcement within the community. Code Enforcement Officer | City of Firebaugh, CA Mr. Jonte assisted the city in addressing a challenging sub-standard housing case, and elevating the level of service the city provided. PRIOR EXPERIENCE Owner/Operator/Flooring Contractor | Jonte’s Custom Flooring, Winters, CA Mr. Jonte managed residential and commercial flooring installation and repair. He also ordered materials and addressed client concerns to ensure service satisfaction. Squad Leader/Team Leader/MP Sergeant E-5 | 270th Military Police Co., CA Army National Guard Mr. Jonte performed Military Police duties such as convoy security, garrison security, personal security, and basic law enforcement duties, including riot control. He enforced U.S. Army UCMJ Regulations and Codes of Conduct and ensured health, safety, and military discipline. Mr. Jonte also provided leadership to 8 to 15 soldiers. Public Safety Officer | University of the Pacific (UOP), Stockton, CA Mr. Jonte protected and served UOP students, staff, and guests. He patrolled UOP campus buildings, parking lots, and areas of interest and enforced California Penal Codes, Traffic Laws, and Regulations. He maintained detailed daily logs and reports. Assistant Investigator | Soldier Incentives Assistance Center (SIAC) – Incentives Task Force, California Army National Guard Mr. Jonte conducted investigations for bonus incentives fraud and abuse. He interviewed personnel under investigation and conducted inquiries into subjects, including reviewing personnel’s military records, emails, addresses, and phone numbers. Mr. Jonte also submitted findings of investigation for further legal charges, discipline, and recoupment of monetary funds. Homeland Response Force FEMA Region 9, HRF Logistics NCO/HRF Training NCO/HRF Planner | 270th Military Police Co., California Army National Guard Mr. Jonte was responsible for coordinating, arranging, and executing supply and logistical support for natural disasters or for a nuclear, biological, or chemical terrorist attack. He maintained HRF vehicles, equipment, and inventory. Mr. Jonte also submitted weekly and monthly reports for GSA and hazmat equipment, and coordinated hazmat personnel training. Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 Thomas EDUCATION BS Degree, Geosciences | Southern New Hampshire University, Manchester, NH TRAINING Module One, Module Two | California Association of Code Enforcement Officers (CACEO) Human Trafficking – Suspicious Structures | California Association of Code Enforcement Officers (CACEO) Housing Inspections 101 | GMS Preparing Your Case: Report Writing and Evidence | GMS Introduction to Legal Aspects for Code Enforcement | GMS OSHA 30-Hour Card | CAL OSHA PC 832 Arrest, Search, and Seizure Mlady Code Enforcement Officer I Mr. Mlady serves as a Code Enforcement Officer I for CSG Consultants, bringing expertise gained from his background in safety and security services with the San Joaquin Regional Transit District, and Army and Air Force Exchange Services. Mr. Mlady is a member of the California Association of Code Enforcement Officers (CACEO) and is adept at various types of investigations, surveillance, and training/management of staff. CSG EXPERIENCE Code Enforcement Officer | Cities of Angels Camp, Larkspur and Sonora, CA Mr. Mlady has proven himself versatile and in demand, and currently provides full-service code enforcement support for all the above jurisdictions weekly. He handles each complaint from start to finish with intake, research, inspections, working with owners and stakeholders to get violations corrected and resolved. He has received accolades from staff and the public for his approach and results in these communities. Code Enforcement Officer | City of San Rafael, CA On occasion, Mr. Mlady provides additional assistance and officer support for San Rafael’s Massage Inspection program, with inspections, investigations, and any other requested needs. RELEVANT EXPERIENCE Safety and Security Manager | San Joaquin Regional Transit District – Stockton, CA As the Safety and Security Manager for the San Joaquin Regional Transit District (RTD), Mr. Mlady’s duties and contributions included the following:  Direct oversight of one subordinate and 16 contracted subordinates divided into three shifts that operate 24 hours/day, 365 days/year.  Management of staffing, scheduling, discipline, and performance evaluations of said subordinates and contractors.  Responsible for managing or directing design and administration of safety and security management, and 3rd party contracts, programs and services.  Managed security policies and procedures to promote safety and security of personnel and assets.  Cultivated relationships with local law enforcement and external security vendors  Investigated and resolved security breaches to protect organization and corporate assets. Investigated incidents and wrote reports.  Monitored and maintained CCTV and access control systems to protect personnel and assets.  Collaborated with senior management to develop and implement strategies to mitigate safety and security risks.  Proposed and managed administration of a broad program of safety and security topics. Delivered regular security awareness programs to educate personnel on security measures and protocols. Safety and Security Manager | Army and Air Force Exchange Services – French Camp, CA As the overseas Safety and Security Manager for the Army and Air Force Exchange Services, Mr. Mlady’s duties included the following:  Staffing, scheduling and overall management of multiple facilities across several countries that were comprised of as many as 200 individuals.  Direct oversight of 14 subordinates divided into three shifts that operated 24 hours/day, 365 days/year.  Conducted OSHA, environmental, and security inspections/surveys.  Conducted interviews, obtained written statements, and prepared case reports/files.  Acted as a liaison between command, law enforcement, legal, and Exchange management on loss prevention activities. Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 WWW.CSGENGR.COM 888.794.2016 CENTRAL COAST • Paso Robles • SOUTHERN CALIFORNIA • Orange • OFFICESTHROUGHOUT CALIFORNIA SAN FRANCISCO BAY AREA • Foster City • San Jose • Pleasanton • SACRAMENTO REGION • Sacramento • CENTRAL VALLEY • Newman • Fresno • Docusign Envelope ID: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 Certificate Of Completion Envelope Id: A7A86275-93C6-49B0-BD14-C4C6A6AC63E2 Status: Completed Subject: DocuSign: PSA with CSG Consultants for Massage Inspection Services Source Envelope: Document Pages: 30 Signatures: 5 Envelope Originator: Certificate Pages: 5 Initials: 4 Ariel Gutierrez AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 111 Morphew St San Rafael, CA 94901 Ariel.Gutierrez@cityofsanrafael.org IP Address: 2001:5a8:46c6:5 Record Tracking Status: Original 8/1/2025 7:50:23 AM Holder: Ariel Gutierrez Ariel.Gutierrez@cityofsanrafael.org Location: DocuSign Signer Events Signature Timestamp Micah Hinkle Micah.Hinkle@cityofsanrafael.org Community & Econ Dev. Director City of San Rafael Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 71.202.184.137 Sent: 9/12/2025 4:57:03 PM Viewed: 9/12/2025 5:04:37 PM Signed: 9/12/2025 5:04:48 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Nataly Torres Nataly.Torres@cityofsanrafael.org Legal Assistant City of San Rafael Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.88.113.8 Sent: 9/12/2025 5:04:50 PM Viewed: 9/12/2025 5:06:34 PM Signed: 9/12/2025 5:06:42 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Van Bach vanb@cityofsanrafael.org Signing Group: Finance Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.88.113.8 Sent: 9/12/2025 5:04:50 PM Viewed: 9/15/2025 9:43:30 AM Signed: 9/15/2025 9:43:49 AM Electronic Record and Signature Disclosure: Accepted: 9/15/2025 9:43:30 AM ID: 4191d43c-33c7-48e8-9379-4bbd1e98fe0c Cyrus Kianpour cyrus@csgengr.com President CSG Consultants Inc. Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 99.115.132.9 Sent: 9/15/2025 9:43:53 AM Viewed: 9/15/2025 1:57:26 PM Signed: 9/15/2025 3:38:30 PM Electronic Record and Signature Disclosure: Accepted: 9/15/2025 1:57:26 PM ID: f58c493f-36d9-4d52-8ef4-69fabb48d803 Signer Events Signature Timestamp Nourdin Khayata nourdin@csgengr.com Secretary CSG Consultants, Inc. Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 107.1.231.154 Signed using mobile Sent: 9/15/2025 3:38:33 PM Resent: 9/17/2025 3:14:27 PM Viewed: 9/17/2025 3:47:08 PM Signed: 9/17/2025 3:47:58 PM Electronic Record and Signature Disclosure: Accepted: 9/17/2025 3:47:08 PM ID: 49c30f5d-f819-4a10-a09f-c1cbc0628cc6 Andrea Visveshwara Andrea.Visveshwara@cityofsanrafael.org Chief Assistant City Attorney City of San Rafael Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.88.113.8 Sent: 9/17/2025 3:48:01 PM Viewed: 9/17/2025 4:02:19 PM Signed: 9/17/2025 4:02:39 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Heather Davis Heather.Davis@cityofsanrafael.org Risk Manager City of San Rafael Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.88.113.8 Sent: 9/17/2025 3:48:01 PM Viewed: 9/23/2025 12:44:34 PM Signed: 9/23/2025 12:45:41 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Cristine Alilovich Cristine.Alilovich@cityofsanrafael.org City Manager City of San Rafael Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 2600:1010:b061:58e2:dcb8:654:2852:b183 Signed using mobile Sent: 9/23/2025 12:45:44 PM Viewed: 9/23/2025 1:09:30 PM Signed: 9/23/2025 1:09:37 PM Electronic Record and Signature Disclosure: Accepted: 8/8/2025 5:50:59 PM ID: 92734b64-c5dc-4308-af7f-b0f4b9ffd306 Brenna Nurmi, Deputy City Clerk for Lindsay Lara, City Clerk Brenna.Nurmi@cityofsanrafael.org Deputy City Clerk City of San Rafael Signing Group: City Clerk Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.88.113.8 Sent: 9/23/2025 1:09:40 PM Viewed: 9/25/2025 9:18:55 AM Signed: 9/25/2025 9:19:58 AM Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Editor Delivery Events Status Timestamp Nataly Torres Nataly.Torres@cityofsanrafael.org Legal Assistant City of San Rafael Security Level: Email, Account Authentication (None) Using IP Address: 199.88.113.8 Sent: 8/1/2025 7:59:41 AM Viewed: 9/12/2025 4:50:10 PM Completed: 9/12/2025 4:57:02 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8/1/2025 7:59:41 AM Envelope Updated Security Checked 9/9/2025 11:16:19 AM Envelope Updated Security Checked 9/9/2025 11:16:19 AM Envelope Updated Security Checked 9/12/2025 4:57:02 PM Certified Delivered Security Checked 9/25/2025 9:18:55 AM Signing Complete Security Checked 9/25/2025 9:19:58 AM Completed Security Checked 9/25/2025 9:19:58 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of San Rafael (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of San Rafael: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: city.clerk@cityofsanrafael.org To advise City of San Rafael of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at city.clerk@cityofsanrafael.org and in the body of such request you must state: your Electronic Record and Signature Disclosure created on: 5/22/2025 12:46:43 PM Parties agreed to: Van Bach, Cyrus Kianpour, Nourdin Khayata, Cristine Alilovich previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from City of San Rafael To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to city.clerk@cityofsanrafael.org and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of San Rafael To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to city.clerk@cityofsanrafael.org and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide-signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check- box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify City of San Rafael as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of San Rafael during the course of your relationship with City of San Rafael.