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HomeMy WebLinkAboutCC Resolution 13734 (Code Enforcement Services; CSG)RESOLUTION NO. 13734 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO AN AGREEMENT FOR PROFESSIONAL CODE ENFORCEMENT SERVICES WITH CSG CONSULTANTS, INC, (CSG) TO PROVIDE CODE ENFORCEMENT SERVICES FOR CONTINUED MASSAGE ORDINANCE ENFORCEMENT /IMPLEMENTATION. (Term of Agreement: Extended to September 30, 2015, with a total budget amount not -to -exceed $320,000.00) WHEREAS, on August 19, 2013, the City Council adopted Resolution No. 13587, which authorized the execution of an Agreement for Professional Code Enforcement Services with CSG Consultants, Inc. (CSG) to provide code enforcement services for Massage Ordinance enforcement/ implementation. The Agreement for Professional Services establishes a budget limit of $100,000 and a term limit ending on August 19, 2014; and WHEREAS, as part of the authorization for a one year pilot program, the City Council requested a status report to evaluate whether the program should continue after the one year term; and WHEREAS, on May 5, 2014, the Community Development Department staff presented an update on the one year pilot program at a City Council study session, reporting on the findings of the program to date, as well as the successes achieved and challenges faced during the one year trial period; and WHEREAS, the maximum budget authority established under the current Agreement for Professional Services is nearly depleted; and WHEREAS, at the conclusion of the May 5, 2014 study session, the City Council directed staff to prepare an amendment to the Professional Services Agreement for consideration by the Council at an upcoming City Council meeting. As part of the amendment, the Council expressed its intention to continue the program with enhancement and increased enforcement and inspection; and WHEREAS, Community Development staff identified the scope of services to be included in the amendment, including provision for 1) additional code enforcement (counter technician, code enforcement manager to manage the day to day operations of the massage program; and 2) additional hours for code enforcement program; and WHEREAS, at the City's request, CSG Consultant, Inc. (Consultant) submitted the .4n7ended Proposal to the Cite of San Raj�iel jbr Code Enforcement Services for,Massage Ordinance Enjbrcelr7entilnzplementcrtior7, dated .4tnended Maj, 29, 2014, including a list of anticipated activities/tasks and the hourly rate for performance of these services, and said proposal is attached to the Agreement for Professional Services; and WHEREAS, the costs associated with the Consultant's interim professional Code Enforcement Services have been set aside and allocated by the City Council from available resources at the end of the 2013/2014 fiscal year as one time monies for this task. A budget amendment to increase the total maximum not -to -exceed budget for the next one year of the program by $220,000 has been included, for a total not -to -exceed budget of $320,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does hereby authorize the City Manager to execute, on behalf of the City, the First Amendment to an Agreement for Professional Code Enforcement Services with CSG Consultants, Inc. in the form attached herewith. I, Esther C. Beirne, 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 2nd June, 2014, by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, Connolly, McCullough and Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Esther C. Beirne, City Clerk Exhibit A First Amendment to Agreement for Code Enforcement Services for Massage Ordinance; Implementation between City of San Rafael and CSG Consultants, Inc. with attached Amended Proposal to the City of *San Rafael for Code Enforcement Services for Massage Ordinance Enforcement/Implementation, dated Amended !flay 29, 2014. 2 FIRST AMENDMENT TO AGREEMENT FOR CODE ENFORCEMENT SERVICES FOR MASSAGE ORDINANCE ENFORCEMENT/IMPLEMENTATION This First Amendment is made and entered into this 2"d day of June, 2014 by and between the CITY OF SAN RAFAEL (hereinafter, "CITY"), and CSG Consultants, Inc., (hereinafter, "CONTRACTOR"). RECITALS WHEREAS on August 19t" 2013 CITY and CONTRACTOR entered into an agreement entitled "Agreement for Code Enforcement Services for Massage Ordinance Enforcement/Implementation" (hereinafter, "AGREEMENT"); and WHEREAS, CITY and CONTRACTOR wish to amend AGREEMENT to modify the DUTIES OF CONSULTANT to include the ability for CONTRACTOR's persomlel to provide counter technician services, enhanced day to day oversight by the lead inspector, increased flexibility in field inspector scheduling, additional team inspections at non-traditional times; and WHEREAS, CITY wishes to amend AGREEMENT to modify the COMPENSATION by increasing the total in the amount of Two Hundred and Twenty Thousand Dollars ($220,000.00). WHEREAS, CITY and CONTRACTOR wish to extend the TERM OF AGREEMENT extending through September 30th; 2015. NOW, THEREFORE, CITY and CONTRACTOR agree to the following modifications to the AGREEMENT: 1. Delete the DUTIES OF CONTRACTOR section of the AGREEMENT and substitute: "CONTRACTOR shall perform the duties and/or provide services as described in Exhibit "B" attached hereto and incorporated herein as well as other duties as assigned by Project Manager necessary to enforce and implement the City's Massage Ordinance." 2. Delete the first paragraph of the COMPENSATION section of the AGREEMENT and substitute: ,.For the full performance of the seri ices by CONTRACTOR described herein, CITY shall pay CONTRACTOR for the hours of 1,vork at the hourly rates, and for the authorized expenses, as specified in Exhibit "B", the total not to exceed payable to the Consultant under this Agreement is therefore increased by Two Hundred and Twenty Five Thousand Dollars ($220,000.00) from One. Hundred Thousand Dollars ($100.000.00) to Tl-ffee Hundred and Twenty Five Thousand Dollars ($320,000.00). 3. Delete the first sentence in the TERM OF A(IREEMENT section of the AGREEMENT Exhibit A-1 and substitute: "The services to be performed under this AGREEMENT, as amended, shall commence on September 1", 2013 and extend through September 30`h, 2015." All other terms of the AGREEMENT which are not in conflict with the provision of this First Amendment shall remain unchanged in full force and effect. In case of a conflict in the terms of the Agreement, the provisions of this First Amendment shall control. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the day, month and year first above written. CITY OF SAN RAFAEL r�t"&el WL6,4b NANCY MAC lLE, City Manager ATTEST: j��T- m e"Ce ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN; Cite ,,k4torney Attachment: Exhibit ``13" CONTRACTOR �r CYRfJS KIAN' POUR, President i Exhibit A.-2 Exhibit "B" AMENDED PROPOSAL TO THE FOR Code Enforcement Services for Massage Ordinance Enforcement /Implementation PREPARED BY CSG ConsultantsI ., nc. AMENDED May 29, 2014 CSG Consultants, Inc. i 1700 Amphlett Blvd. Suite 300 1 San Mateo, CA 114402 Phone (650) 522-2500 1 Fax (650) 522-2599 jvww.csgengr.con) San Mateo & Pleasanton a Newman * Sacramento * Salinas - Santa Ana 4IN Exhibit "B" May 29, 2014 City of San Rafael 1400 Fifth Avenue P.O Box 151560 San Rafael, CA 94915-1560 Attn: Mr. Raffi Boloyan, Planning Manager Re: Amended Proposal for Code Enforcement Services for Massage Ordinance Enforcement/ Implementation CSG is pleased to provide this amended proposal for contractual code enforcement services for up to one (1) additional year period to enforce and implement the City of San Rafael's Massage Ordinance (Program). CSG has a thorough understanding of the needs of the City of San Rafael, building upon our past year of experience implementing the Program. Robert L. Cushing will continue to serve as Project Manager for this contract. Our office and contact information is as follows: Robert L. Cushing I Code Enforcement Manager 1700 South Amphlett Boulevard 1 3`d Floor San Mateo, CA 94402 (650) 522-2500 Phone 1 (650) 333-0854 Cell robertc@csgengr.com We look forward to continue our services to the City of San Rafael and are available to answer any questions you may have regarding our services and staffing. Sincerely, Cyrus Kianpour, P.E., P.L.S. President, CSG Consultants, Inc. 7 7rjO South A nphiEtt Ho,:"evard, 3` Floor; San N1Itev, CA 9w402 Phone: 650-572-25M, Fax: EG -522-25=9 na f: _st;stai`. cr, en r.ccrn; C,zlir,e at www.csgen�r rcrn Exhibit "B" " ':'' ' Oil To address the City's needs, CSG proposes to continue to furnish two (2) part time code enforcement officers and to add the services of a "Counter Technician" to implement the Massage Ordinance and enforce Municipal Code compliance for Massage Establishments for an additional one (1) year period. The Officers and Counter Technician will be allocated as necessary to meet the needs of the City. Additional hours/staff will be allocated at times when scheduled sweeps are carried out and the use of multiple officers is required. For example, two officers will conduct inspections during the evenings or on weekends. Additional officers, trained in massage establishment inspections, will be drawn from CSG's resources as necessary. As previously indicated in CSG's original July 2013 proposal, one Lead Code Enforcement Officer (Lead Officer) will focus on managing and administering the Program. The Lead Officer's primary directive will be to relieve the Planning Manager from day-to-day management of the Program. The Lead Officer's previous role as the primary public and staff contact will be assigned to the proposed Counter Technician. The Lead Officer will participate in City meetings with supervisors and key staff from other departments. In order to provide oversight, the schedule of the Lead Officer will overlap with the schedules of the Counter Technician and Second Code Enforcement Officer, as needed. The Lead Officer will be available on selected days throughout the week, as agreed upon with the Planning Manager. A Second Code Enforcement Officer (Second Officer) will continue to work a variable schedule, fewer hours per week than the Lead Officer, but adjusted for scheduled sweeps. The Second Officer will be primarily assigned to conduct inspections of massage facilities during the day, at night or on the weekend. During field inspections, the Lead Officer may accompany the Second Officer, with the support of additional officers as necessary. A Third Code Enforcement Officer (Third Officer) with experience in the Program will be allocated for additional support, as needed. The main role of this Third Officer will include but not be limited to working in conjunction with the Lead Officer and Second Officer to perform scheduled sweeps. A Counter Technician will be added to the Program to serve as the primary public and staff contact, as a resource for inquires from massage parlor business owners, the general public and City employees. The Counter Technician will also perform related duties including intake, filing and other duties as agreed upon between the Lead Officer and the Planning Manager. The Counter Technician will be allocated hours as appropriate under the supervision of the Lead Officer in order to provide program continuity and necessary level of customer contact/service. The Counter Technician will relieve the Lead Officer from the aforementioned duties which will enable the Lead Officer to focus on Program management duties. CSG's Code Enforcement Manager (Manager) will oversee all CSG staff performance, conducting frequent reviews of the Officers' program implementation progress and case management. With input from the Officers, the Manager will recommend and, with approval from the Planning Manager, initiate solutions that address specific problems or that will produce a more efficient and effective program for the City. The Manager will participate in team meetings with members of City departments as needed and will be available to accompany code enforcement officers, police officers, and staff as well as representatives of other agencies on field visits when needed. Additionally, the Manager may be called upon to attend department meetings, committee meetings and City Council meetings as the Program progresses. Exhibit "B" The following team members will be assigned to this project. An organizational chart indicating CSG's proposed staff is provided below. • Robert Cushing, Code Enforcement Manager • Lamonte Mack, Code Enforcement Lead Officer • Randy Sweet, Code Enforcement Officer • Gary Kornahrens, Code Enforcement Officer • Tracy McKnight, Counter Technician 0A/QC Robert Cushing Program Manager Lamonte Mack M Counter Technician Inspection Tracy McKnight Randy Sweet I As -Needed Code Enforcement Support Gary Kornahrens 2 Exhibit "B" The fee schedule for the proposed one (1) year period of work is as follows: Code Enforcement Services Code Enforcement ManAger i Code Enforcement Officer/ Related Support Personnel Counter Technician $85 $60 Hourly rates include overhead costs including, but not limited to, salaries, benefits, workers compensation insurance, and travel and office expenses. Community Development Department INTER -DEPARTMENTAL MEMORANDUM DATE: May 30, 2014 TO: Mayor Phillips and City Council Members FROM: Raffi Boloyan, Planning Manager 4A� SUBJECT: Revised Proposal for Code Enforcement Services for Massage Ordinance Enforcement/implementation - Item 6a on June 2, 21014 City Council meeting The proposal that was included in Your staff report for the Massage Ordinance contract has been modified to provide some additional clarity and definition. Therefore, staff is recommending that this revised proposal (dated May 29, 2014) replace the one that was included as Exhibit B to the Attachment 1 (Draft Resolution) of the staff report for item 6.a Exhibit "B" AMENDED PROPOSAL TO THE FOR Code Enforcement Services for Massage ,,Iprd*nance Enforcement / Implementation PREPARED BY CSG Consultants., Inc. AMENDED May 29, 2014 CSG Comuitants, Inc 11700 Amphki-At Blvd. Suite 300 1 San Mateo, CA 94,102 Pli,,)(;e (650) 522-2500 ! Fax (650) S22,2599 1 Wv%,W,CSgengr,c-,rn San Mateo * Pleasanton * Newman e Sacramento o Salinas 0 Santa Ana Exhibit "B" May 29, 2014 City of San Rafael 1400 Fifth Avenue P.0 Box 151560 San Rafael, CA 94915-1560 Attn: Mr. Raffi Boloyan, Planning Manager Re: Amended Proposal for Code Enforcement Services for Massage Ordinance Enforcement/ Implementation CSG is pleased to provide this amended proposal for contractual code enforcement services for up to one (1) additional year period to enforce and implement the City of San Rafael's Massage Ordinance (Program). CSG has a thorough understanding of the needs of the City of San Rafael, building upon our past year of experience implementing the Program. Robert L Cushing will continue to serve as Project Manager for this contract. Our office and contact information is as follows: Robert L. Cushing I Code Enforcernent Manager 1700 South Amphlett Boulevard l 3`° Floor San Mateo, CA 94402 (650) 522-2500 Phone l (650) 333-0854 Cell robertc@csgengr.com We look forward to continue our services to the City of San Rafael and are available to answer any questions you may have regarding our services and staffing. Sincerely, Cyrus Kianpour, P,E., P.L.S. President, CSG Consultants, Inc. MO South Amph(ett Bo,t,evard, V f laor; San Mteo, CA 93702 hone: 650-522-2500; Fax. C50-522-259) Ewal::sgstarf@csgengr.ccm; Oxine at www.csgengr.cem Exhibit "B" To address the City's needs, CSG proposes to continue to furnish two (2) part time code enforcement officers and to add the services of a "Counter Technician" to implement the Massage Ordinance and enforce Municipal Code compliance for Massage Establishments for an additional one (1) year period. The Officers and Counter Technician will be allocated as necessary to meet the needs of the City. Additional hours/staff will be allocated at times when scheduled sweeps are carried out and the use of multiple officers is required. For example, two officers will conduct inspections during the evenings or on weekends. Additional officers, trained in massage establishment inspections, will be drawn from CSG's resources uxnecessary, Aspreviously indicated inCSG'soriginal July 2O13proposal, one Lead Code Enforcement Officer (Lead Officer) will focus on managing and administering the Program. The Lead Officer's primary directive will be to relieve the Planning Manager from day-to-day management of the Program, The Lead Officer's previous role as the primary public and staff contact will be assigned to the proposed Counter Technician. The Lead Officer will participate in City meetings with supervisors and key staff from other departments, In order to provide oversight, the schedule ofthe Lead Officer will overlap with the schedules ofthe Counter Technician and Second Code Enforcement Officer, as needed. The Lead Officer will be available on selected days throughout the week, asagreed upon with the Planning Manager, ASecond Code Enforcement Officer (Second Officer) will continue tmwork avariable schedule, fewer hours per week than the Lead Officer, but adjusted for scheduled sweeps, The Second Off icer will be primarily assigned to conduct inspections of massage facilities during the day, at night or on the weekend. During field inspections, the Lead Officer may accompany the Second Officer, with the support of additional officers asnecessary. A Third Code Enforcement Officer (Third Officer) with experience in the Program will be allocated for additional support, as needed, The main role of this Third Officer will include but not be limited to working in conjunction with the Lead Officer and Second Officer to perform scheduled sweeps. A Counter Technician will be added to the Program to serve as the primary public and staff contact, as a resource for inquires frorn massage parlor business owners, the general public and City employees, The Counter Technician will also perform related duties including intake, filing and other duties as agreed upon between the Lead Officer and the Planning Manager. The Counter Technician will be allocated hours as appropriate under the supervision of the Lead Officer in order to provide program continuity and necessary level of customer contact/service. The Counter Technician will relieve the Lead Off icer from the aforementioned duties which will enable the Lead Officer to focus on Program management duties, CSG's Code Enforcement Manager (K8aunge,)will oversee all CSG staff performance, conducting frequent reviews of the Officers' program implementation progress and case menaXement. With input from the Officers, the Manager will reccmmend and, with approval from the Planning Manager, initiate solutions that address specific problems or that will produce a more efficient and effective program for the City. The Manager will parttcipate in team meetings with members of City de,partments as needed and will be available to accompany code enforcement officers, police officers, and staff as wel| as representatives of other agencies on field visits when needed. Adoitionally, the Manager may be called upon to attend department meetings, committee meetings and City Council meetings as the Program progresses, Exhibit "B" Personnel The following team members will beassigned to this project. Anorganizational chart indicating CSG's proposed staff bprovided below. * Robert Cushing, Code Enforcement Manager * b,monteMack, Code Enforcement Lead Officer * Randy Sweet, Code Enforcement Officer * Gary Ko,nahnems,Code Enforcement Officer ° Tracy McKnight, Counter Technician Program Manager Lamonte Mack K ' --- ---------- -' - Counter Technician Tracy McKnight 0 QA/QC Robert Cushing Inspection Randy Sweet As -Needed Code Enforcement Support Gary Kornahrens Exhibit "B" Fee Schedule The fee schedule for the proposed one (1) year period of work is as follows: Code Enforcement Services Code Enforcement Manager Code Enforcement Officer / Related Support Personnel Counter Technician $85 $60 Hourly rates include uverhead costs including, but not limited to, salaries, benefits, workers compensation insurance, and travel and office expenses. CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA/ SRCC AGENDA ITEM NO. DATE OF MEETING: June 2, 2014 FROM: Raffi Boloyan, Planning Manager DEPARTMENT: Community Development DATE: May 22, 2014 TITLE OF DOCUMENT: Resolution of the City Council of the City of San Rafael authorizing the City Manager to execute a First Amendment to an Agreement for Professional Code Enforcement Services with CSG Consultants, Inc, CSG) to provide Code Enforcement Services for continued Massage Ordinance Enforcement /implementation. (Term of Agreement: extended to September 30, 2015, with a total budget amount not -to -exceed $320,000.00) Department Head' (signature) NOT APPROVED REMARKS: (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL AGENCY APPROVED AS TO FORM: AGENDA ITEM: City Manager (signature)City Attorney (signature) NOT APPROVED REMARKS: