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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. 2 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. 3 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 0 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 ,i 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 ;�A APES RA NO A BY; Joe Tait, City Manager CONSULTANT wl By: An 7 1 ENN . 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. 3 1 P a g L, 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 4 1 P a g e 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 6 1 P a g e 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 A f-� U. 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 A f-�