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11-0401_ANDERSON-PENNA PARTNERS, INC._Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 1"day of April 2011, by and between the San Joan Capistrano (hereinafter referred to as the "City") and Anderson -Penna Partners, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to perform code enforcement functions; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than May 30, 2011. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $25,000 as set forth in Exhibit "B," attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 0 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to the City. Invoices shall be addressed as provided for in Section 16 below. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 6. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to the City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarily with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. 2 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law; ENeri . 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall .verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www_gagiL.M, or access the registration page at haps:He-verify.uscis.govlenroll/. Consultant shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement, No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. 3 Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General 0 Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant, premises owned, occupied or used by Consultant; or automobiles owned, leased, Fired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Reserved 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 5 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (ata) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn.: Brett Caulder To Consultant: Lisa Penna 309 Agate Street Laguna Beach, CA 92651 Section 17. Attorne s' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the 6 parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. Marla Morns, °COCl k F-11 aW1160 017,111 C01101�T! WVu U6& Omar Sandoval, City Attorney CITY OF SAN JUAN CAPISTRANO By: J e Tay, City Manager CONSULTANT 7 erson-Penna Partners, Inc. CITY OF SAN JUAN CAPISTRANO CONE ENFORCEMENT OFFICER Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job. DEFINITION To respond to requests from City departments and citizens regarding code violations; to investigate and resolve code violation complaints; to perform field inspections of properties and ensure compliance with applicable codes, laws and regulations; to serve as a resource to other departments and outside agencies; and to perform a variety of technical duties relative to assigned area of responsibility. SUPERVISION RECEIVED AND EXERCISED Receives direction from the Building and Code Enforcement Manager. ESSENTIAL FUNCTION STATEMENTS. Essential responsibilities and duties may include, but are not limited to, the following: Essential Functions, 1. Receives and logs code violation complaints from citizens and/or City departments. 2. Responds to and investigates reported violations pertaining to State laws, municipal codes, parking enforcement regulations, and County animal control regulations. 3. Removes illegally placed signs from public and private property and/or public rights-of-way. 4. Conducts inspections of business properties, single family homes, apartment buildings and vacant lots and monitors for compliance with applicable codes, ordinances and regulations. 5. Interviews complainants and witnesses; obtains supporting photographic evidence of violations identified; prepares investigative records and case documentation. 6. Contacts property owners and provides information regarding violations in code; issues notices of violation and performs follow up investigations as required. 7. Inspects properties for abandoned or inoperable vehicles; issues vehicle abatement notices and coordinates the removal of vehicles. 8. Coordinates code enforcement activities with the Sheriff's Department including reporting abatements and preparing related documentation. 9. Enforces City codes and takes appropriate action necessary to ensure code compliance including issuing citations and impounding property. 10. Assists in preparing case reports for court or administrative proceedings; testifies in court and at administrative proceedings as necessary. CITY OF SAN JUAN CAPISTRANO Code Enforcement Officer (Continued) 11. Responds to inquiries and serves as a resource to other City departments and the general public regarding code enforcement related matters. 12. Serves as the State/County Water Quality Regulations and NPIDES Officer; conducts annual and unscheduled inspections of businesses, job sites and other properties as required. 13. Performs related duties and responsibilities as required. QUALIFICATIONS Knowledge of: • Principles and practices of municipal code enforcement. • Code enforcement program activities and services. • Federal, State and local codes, ordinances, laws and regulations. • Processes for conducting code violation investigations. • Procedures for issuing citations and notices of violation. • Code enforcement records, reports and documentation. • Administrative and court proceedings pertaining to.code violations. • Principles of report preparation and recordkeeping. • Customer service standards and protocol. • Local geography and street locations. Skill in: • Coordinating and performing a variety of code enforcement functions. • Responding to requests and complaints regarding violations in code. • Conducting investigations of residential/business properties and vacant lots. • Interviewing complainants and witnesses and obtaining supporting evidence. • Contacting property owners regarding violations in code. • Issuing notices, of violation, vehicle abatement notices and citations as appropriate. • Preparing and maintaining accurate investigative records, reports and case files. • Responding to inquiries regarding code enforcement related matters. • Communicating clearly and concisely, both orally and in writing. • Establishing and maintaining effective working relationships with those contacted in the course of work. EXPERIENCE AND TRAINING GUIDELINES Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Three years of code enforcement experience. Training: Equivalent to the completion of the twelfth grade supplemented by specialized training in code enforcement. Licenses or Certifications: • Possession of a Code Enforcement Officer Certification. • Possession of, or ability to obtain, an appropriate, valid driver's license. CITY OF SAN JUAN CAPISTRANO Code Enforcement Officer (Continued) WORKING CONDITIONS Environmental Conditions: Office and field environment; travel from site to site; exposure to inclement weather conditions and uneven terrain; extensive public contact. Physical Conditions: Essential functions may require maintaining physical condition necessary for operating motorized vehicles and sitting or walking for prolonged periods of time. 3 .ANDEMON - PENN.A • PARTNERS IN PROaJeCT DELIVERY - October 18, 2010 s Mr. Bret Caulder, CBCT Building and Code Enforcement Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Proposal for On-call Code Enforcement Services ©ear Mr. Caulder: AndersonPenna Partners, Inc, serves local and regional agencies, specializing in staff augmentation including the provision of contract Code Enforcement personnel. We are confident that we can provide professional, experienced and customer -friendly staffing that will meet the needs and high standards of the City of San Juan Capistrano. Our Code Enforcement Division is led by Mr. Al Brady with support from Mr. Jahn Poole as Code Enforcement Consultant, and Mr. Terry Cox as Senior Code Enforcement Officer, depending on the City's requirements, we can provide Code Enforcement Officers and/or Senior Code Enforcement Officers to meet a variety of needs. Our staff has extensive experience in the field, and our team includes three past California Association of Code Enforcement Officials Presidents, three instructors for CACEO, award winners, and individuals recognized by state and federal legislators for their efforts and leadership in the code profession, AndersonPenna maintains a professional network of qualified and experienced code enforcement officials avallable to provide field level staffing to handle any additional needs the City may have. Mr. Brady and Mr. Poole have provided professional contract staffing to the City in the past for extended periods of time, and therefore understand the City's policies and procedures. AndersonPenna is a California corporation that has been providing services to California public agencies since 2445. The enclosed Statement of Qualifications demonstrates our comprehensive code enforcement services and our commitment to working with the City's team to deliver high quality service. If you have any questions please feel free to contact the undersigned at (949) 922-2804 or Al Brady at (949) 371-3143. Sincerely, Lisa M. Penna, PE Executive Vice President 309 AGATE STREET • I,-AruNA BEACH, CA 9x65 I WWW.ANDPEN.COM PHN 949 9?_2 2800 " FAX 949 376 751 1 CERTIFIED uDBE EXHIBIT B i { I i ri On -Call Code Enforcement Proposal City of San Juan Capistrano Firm Qualifications AndersonPenna Partners, Inc. serves local and regional agencies providing staff augmentation as Code Enforcement personnel, program and project management, construction managemenNand inspection, bridge inspdeti-n, engineering plan review, assessment engineering, and grant writing assistance. We is i. are a California corporation that has been in business since 2005, and are a woman -owned certified small business enterprise. We have three primary locations: Orange County California, Oakland i California, and Mesa Arizona. Our current clients range from transportation authorities such as the Orange County Transportation Authority and North Coast Railroad Authority to various cities, including Carson, Torrance, Laguna Beach, Tustin, Newport Beach, and Calabasas in California and Coolidge, Kearny and Tucson in Arizona. in addition to the Code Enforcement personnel assigned in this proposal, 10 staff membersloperate out of our Orange County office in Laguna Beach. Services performed include staff augmentation, such as contract Code Enforcement, City Engineering, Traffic Engineering, and Program Management. We provide services tailored to agencies' specific needs, such as: federal compliance for ARRA and other federally funded projects, pian review/plan check, mapping, energy efficiency consulting, construction management and inspection, structural engineering, water resources engineering, and transportation engineering. Additional services AndersonPenna provides include: financial consulting, impact fees and rate studies, assessment engineering, CFD and assessment district annual administration, reimbursement review of developer constructed infrastructure, and grant administration. AndersonPenna Partners, Inc. offers the City: • Code Enforcement Staff with experience in San Juan Capistrano • Highly skilled staff capable of coordinating and managing existing programs as well as developing innovative approaches to enhance their efficiency. • A firm.committed to providing staff augmentation services to cities and improving the quality of life in the cities where we work. • Staff that has conducted code enforcement and management seminars for universities and the Statewide California Association of Code Enforcement Officials (SCACEO). • An emphasis on community -oriented problem solving and neighborhood and community improvement techniques. • Results oriented managers, team leaders, and team players with proven consensus building, and customer service, Cade Enforcement Expertise/Related Experience AndersonPenna has established a team of code enforcement professionals that has over 125 years of combined experience in this field. Our team has expertise in all aspects of the code enforcement process, including handling citizen complaints, case documentation and preparation, and assisting legal staff when voluntary compliance is not achieved. Our team's expertise is evidenced by the projects listed below, and justifies our ability to provide the City with effective code enforcement services. Further, the projects listed indicate experience in the areas where the City needs service:. planning and zoning, public 2(Page i i j i On -Call Code Enforcement Proposal City of San Juan Capistrano nuisance 'abatement, grading, building, and permit processing. Additionally, our staff has extensive experience in providing excellent customer service. That, and our ability to respond on short notice, adapt to the work environment and get the job done, will enhance the City's code enforcement efforts. As indicated, our staff has served both large and small agencies with proven success. Additionally, many of our past projects have involved developing and implementing public education programs regarding {' code enforcement and neighborhood improvement, It has been found at many agencies that these I. types of programsassist in obtaining voluntary compliance which is ultimately everyone's goal. We would bring this strength to the City's program. The AndersonPenna team consists of individuals that have taught code enforcement officer certification classes throughout California, This team could be available to assist the contract officers on an as - needed basis. Additionally, our firm has adequate staffing available to provide coverage in the event that an AndersonPenna assigned staff member is on leave or there is a need for additional personnel. Our staff's past record of successfully completing projects in the County of Orange, City of Soledad and the City of Los Alamitos indicates that we have the ability to add additional services or adapt to new situations on short notice. Code enforcement is one of the most challenging services that local and county governments are asked to provide. A person that has a violation may get upset when he or she is contacted by the code enforcement officer, and the person that is complaining about the violation may get upset if the violation is not quickly corrected. Government agencies may receive complaints regardless of what actions they take. That is why it is critical that the firm chosen for this contract has staff with proven ability to obtain voluntary compliance with a minimum number of complaints. Our project history demonstrates that our staff has this ability. Related Experience: Following is a summary of work that our staff has performed. City of San Juan Capistrano - Provided interim code eriforcement staff. County of (Orange - Staff supervised and managed three full-time code enforcement officers on a contract basis to address the county's backlog of code enforcement cases, including providing interim Code Enforcement staff to assist on the County's Graffiti Enforcement and Removal program. Currently provide one full-time Senior Code Enforcement position, City of Uel Mar - Provided interim code enforcement staff. City of Hawaiian Gardens - Staff supervised the City of Hawaiian Gardens .in developing and implementing an Administrative Citation program, and interim code enforcement staff. City of Irvine - Managed interim code enforcement staff. City of Irwindale Provided municipal code enforcement services including monitoring of a local racetrack for compliance with the City Sound Ordinance on an interim basis. 3 1 P a g e On -Call Code Enforcement Proposal City of San Juan Capistrano City of La Canada Flintridge - Directed and participated in the review of the city's code enforcement policy and procedures, and made recommendations for changes as necessary. Developed and implemented a Nuisance, Cost Recovery and an Administrative Citation Ordinance. Provided interim ode enforcement staff to condadfUspections»and facilitate neighborhood improvements. Provided monitoring of Town Village Development Project that includes checking conditions of approval (i.e., design standards, tree inventory, water quality BMP's), see reference letter. City of Laguna hills -Assisted the city in the development of a public education program concerning the City's aesthetic and safety goals. Developed public information materials to be distributed to the community. City of Grunge -- Provided interim code enforcement staff, see reference letter. City of Rosemead Provided interim code enforcement staff to inspect a targeted area of the city to facilitate neighborhood improvements. City of ,Sacramento - Developed and Implemented a Rental Inspection Program. The project included the ordinance preparation, development of policies and procedures, correspondences, notices and forms. The project also required attendance at public meeting such as City Council and Planning Commission as well as private social groups including the Apartment Owner's Association and the local Board of Realtors. City of South Pasadena- Staff supervised interim code enforcement staff. City of Walnut - Provided interim code enforcement staff. City of North Las Vegas, NV - Developed and implemented a Rental Inspection Program. The project included the ordinance preparation, development of policies and procedures, correspondences, notices and forms. The project also required attendance at public meeting such as City Council and Planning Commission as well as private groups Including the Apartment Owner's Association and the local Board of Realtors. City of Maricopa, AZ - Directed and participated in the review of the city's code enforcement policy and procedures and made recommendations for changes as necessary. City of Superior, AZ - Directed and participated in the review of the city's code enforcement policy and procedures and made recommendations for changes as necessary. In addition, developed and implemented a Nuisance and an Administrative Citation Ordinance, Reference Letters The following reference letters from the the City of orange and the City of La Canada Flintridge are provided to demonstrate our ability to provide similar services to other local communities. City of Orange Kenneth L. Eckman Code Enforcement Supervisor keckm a n @ cityofora nae.org 300 East Chapman Avenue Orange, CA 92866 (714) 744-7200 4 1 P a g e City of La Canada Flintridge Robert Stanley Director of Community Development rstanley@icf.ca.sov 1327 Foothill Bouievard La Canada Flintridge, CA 93011 (818) 790-8880