10-1021_ANDERSON-PENNA PARTNERS, INC._Personal Services AgreementPERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this 'mak day
of 0 6ber;2010, by and between the San Juan 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 January 31, 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.
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 S. 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. Familiarity 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.
Section 6. Time of Essence.
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Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law, E-Veri.
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.uscis.gov_, or
access the registration page at https:He-verify. uscis.govfenroll/. 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.
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.
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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
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
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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, hired, 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 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant
shall submit an insurance certificate to the City's General Counsel for certification that the
insurance requirements of this Agreement have been satisfied.
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.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
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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
(30) 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: Bret Caulder
To Consultant: Lisa Penna
309 Agate Street
Laguna Beach, CA 92651
Section 17. Attorneys' 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
parties and supersedes all previous negotiations between them pertaining to the subject
[.1
matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement,
APPROVED AS TO FORM:
5-m—a—r—Sa�ndoval, City Attorney
CITY OF
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APES RA NO
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BY;
Joe Tait, City Manager
CONSULTANT
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By:
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. PARTNERS IN PROJECT DELIVERYW
October 18, 2010
Mr. Bret Caulder, CBO
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
Dear 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. John 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
available 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
2005. 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) 922-2800 or AI Brady at (949) 371-31.43.
Sincerely,
Lisa M. Penna, PE
Executive Vice President
309 AGATE STREET ® LAoUNA TACH, CA 9265 1 WWW.ANDPEN.CaM
PHN 949 922 2800 1, FAX 949 376 751 1 CERTIFIED UDBF
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 management and inspection,
bridge inspection, engineering plan review, assessment engineering, and grant writing assistance. We
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
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 members operate 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, plan 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.
Code Enforcement Ex ertise/ elate 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
21 Page
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
types of programs assist 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 enforcement 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 Del Mar" - Provided interim code enforcement staff.
City of Hawaiian Gar=dens - Staff supervised the City of Hawaiian Gardens in developing and
implementing an Administrative Citation program, and interim code enforcement staff.
City oflr viae - 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.
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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 code enforcement
staff to conduct inspections 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 Orange — 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, SIV - 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
kecl<ma n Cf cityoforanLe.org
3001 East Chapman Avenue
Orange, CA 92856
(714) 744-7200
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City of La Canada Flintridge
Robert Stanley
Director of Community Development
rstanlev@lcf,ca.gov
1327 Foothill Boulevard
La Canada Flintridge, CA 91011
(818) 790-8880
On -Call Code Enforcement Proposal
City of San Juan Capistrano
1
f k
Ff. rfrRIDGE !,
February £l, 2010
City of ha Cada Flintridge
1327 Foothill Blvd,
La Canada Flintridge, CA 91011
To'4 hoin It May Concern:
City Council
Laura 01maao, Mayor
Uonald A. Voss, Mayor (pro fern
GdL' m C. Brown
Stephen A. Od Guercfo
David A, „pence
Al Brady worked for several years as the. City's lead code enforcement officer
and during that time provided exceptional and invaluable service to the City of
La Canada Flintridge, Mr, Brady represented the City ably and professionally on
every occasion, consistently demonstrating a superior work ethic which lead to
the closure of numerous complex code enforcement cases. Mr. Brady was
instrumental in developing and implementing the City's code enforcement
Program, which included creation of a formal citation process and revamping of
several key Ordinances, most notably the City's Property Maintenance
Ordinance.
Sincerelyf
Robert J. 5tiili-
Director of Conununity Development
City of La Camila Flintridge
RStanley@�lcf.ca.gov
5:327 poothiH 83cofevard e La Ca6ad Rnlridge - Calfcmje 31D11-2137 o f8t3j 790 8860 FAX,. (81%799.7536
5(P age
On -Call Code Enforcement Proposal
City of San Juan Capistrano
CITY OF ORANGE
DEPARTMENT OF COMMUNITY DEVELOPMENT www.cityeforange.org.
February 3, 2010
To Whore It May Concern,
My name is Kenneth L. Eckman and I am the Supervisor for the Code Enforcement
Section in the Building Division in the City of Orange. Our City is 27 square miles
and we have approximately 138,640 residents. As such, we maintain a very busy
office.
During the period of February — October 2007, our City entered into a temporary
work agreement with Mr. Al Brady and Mr. John Poole for temporary on-call code
services.
Bath Mr. Brady and Mr. John Poole always reported to work in a timely fashion
and were bath dressed in very professional attire. Their work ethic was high and
they took great pride in following a case from .start to finish, in a very timely
fashion. 'Their years of experience in Code Enforcement were evident when they
quickly learned the City's residential areas and worked with little or no
supervision.
Based on my working experience with bath these gentlemen and based on their
professional demeanor, I would not hesitate to recommend therm to your agency.
Respectfully,
Kenneth L. Eckman
City of Orange
Code Enforcement Supervisor
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On -Cali Code Enforcement Proposal
City of San Juan Capistrano
Current Billing Rates
AndersonPenna proposes that the City pay the fixed hourly rate for Contractor staff time only while on
assignment service calls or while conducting business related to this Contract on City premises. mote that
the City will not be charged for normal administration of the contract, but only for additional consultant
services not explicitly stated in the proposed scope.
The following table shows our current Hourly Rates by Classification/Title.
Mileage Rate (per mile): Current IRS Rate, now $0.50/mile. City will only pay for mileage to and from the
City's office while AndersonPenna staff is on assigned service calls.
71 Pa g e
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Project Manager
$110
Code Enforcement Consultant
$110
Senior Code Enforcement Officer
$60
Code Enforcement Officer
$55
Mileage Rate (per mile): Current IRS Rate, now $0.50/mile. City will only pay for mileage to and from the
City's office while AndersonPenna staff is on assigned service calls.
71 Pa g e
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