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HomeMy WebLinkAboutContracts & Agreements_142-2024AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of Code Enforcement Services ("Agreement") is made and entered in this 16t11 day of July, 2024 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Willdan Engineering, a California corporation. ("Consultant"). City and Consultant are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Consultant agree as follows: ARTICLE 1— ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant to provide Code Enforcement services for City (the "Services"). 1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services. ARTICLE 2 — SERVICES OF CONSULTANT 2.1 The Services that Consultant shall perform are more particularly described in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by this reference. 2.2 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to, any applicable State prevailing wage laws. ARTICLE 3 — RESPONSIBILITIES OF CITY 3.1 City designates Tabitha Crocker, Facilities & Community Services Department Director, as City's representative with respect to perforrance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. ARTICLE 4 — PERFORMANCE OF SERVICES 4,1 Consultant shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by this reference. 4.2 The term of this Agreement shall be for a period of one (1) year commencing as of July 1, 2024, unless terminated earlier as provided herein. 1 I:\emo\Agreements\Willdan Engineering Agreement 1:Y23-0127.docx-ms 4.3 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, consistent with City Council -adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City staff. ARTICLE 5 -- PAYMENTS TO CONSULTANT 5.1 Compensation: Total compensation for Consultant's performance of the Services shall not exceed the amount of One Hundred Sixty Thousand Dollars ($160,000). City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit "B," titled ("Fee Schedule") which is attached hereto and incorporated herein by reference. 5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant's invoice. 5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section: CITY: City Clerk City of Redlands 35 Cajon Street P.O. Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands.org Phone: (909) 798-7531 CONSULTANT: Vanessa Munoz, President/CEO Willdan Engineering 650 E. Hospitality Lane, Suite 400 San Bernardino, CA 92408 vmunez@willdan.com willdan.com Phone: 714-940-6300 Fax: 714-940-4920 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing 2 I:\cmo\Agreements\Willdnn Engineering Agreement FY23-0127.docx-ms such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City. A. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self -insured or exempt from the workers' compensation laws of the State of California. Consultant shall execute and provide City with Exhibit "C," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services. B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. C. Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made. D. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Consultant owned vehicles used in connection with Consultant's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self- insurance maintained by City. E. Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City. In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor. 6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services. ARTICLE 7 — CONFLICTS OF INTEREST 7.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, 3 I;\cmo\Agreements\Willdan Engineering Agreement FY23-0127.docx-ms interest in real property or investment that would be affected in any manner or degree by the performance of Consultant's Services. Consultant further covenants and represents that , in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant: A, Does not make a governmental decision whether to: (i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof, B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk. ARTICLE 8 —GENERAL CONSIDERATIONS 8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in- house counsel by a Party. 8.2 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, result in City's immediate termination of this Agreement. 8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any its agents shall have control over the conduct of Consultant or Consultant's employees, except as herein 4 I:\cmo\Agreements\Willdan Engineering Agreement FY23-0127.docx-ms set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation. 8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City's intent to terminate. If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination. 8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant. 8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant. 8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California. 8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained 5 1:\cmo\Agreements\Willdnn Engineering Agreement FY23-4127.docx-ms herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement. CITY OF WILLDAN ENGINEERING By: /Lt1 /�� By: ddie Tejeda, Mayor ATTEST: nne Donaldson, City Clerk 6 I:\cmo\Agreements\Willdan Engineering Agreement FY23-0127.docx-ms Vanessa unaCEO EXHIBIT "A" SCOPE OF SERVICES Services will include, but are not limited to: A minimum of one (I) full-time Code Enforcement Officer to perform as -needed services for the City. Depending on the needs of the City, the number of staff may be increased to two full-time and one part-time officer. The assigned officer(s) shall be dedicated to working in partnership with residents, tenants, landlords, and business owners to promote and maintain a safe and desirable living and working environment. The assigned officer(s) shall work toward a goal of resolving problems efficiently and safely. Additionally, they shall have experience in investigative practices that aid in substantiating the validity of a complaint on a property and in turn addressing verified violations through proper due process noticing. The assigned officer(s) shall • Comply with the City's procedures for reporting inspection results and deficiencies. ■ Use City inspection correction forms. • Complete necessary digital entries that capture site inspection results, case status communications and any documentation of notices provided to responsible parties and stakeholders. • Conduct follow-up inspections as needed. • Maintain records as needed for the efficient and effective operation of the City. • Meet with members of the general public and municipal staff on a daily basis as needed. The most common areas of concern for the City are as follows: ■ Blight Enforcement Through field contact with tenants and property owners, work efficiently in providing guidance to address blighted conditions such as overgrown weeds, trash, debris, and graffiti. • Vendor Enforcement Education and enforcement of unpermitted vending activity, generate inspection reports, issue Administrative Citations to vendors. Specifically related to enforcement of unpermitted vending ordinances on municipality -owned or controlled property such as parks, public rights of way (sidewalks) and areas outside the permitted vending spaces. • Sign Enforcement Ensuring signage, advertisements, and public notices comply with established guidelines and regulations, fostering a well-informed and compliant community. 7 I;lcmo\Agreements\W illdan Engineering Agreement FY23-0127.docx-ms ■ Rental Housing Enforcement Assist with the inspection of residential rental properties on a routine and comprehensive basis to assure the overall quality of the unit meets the requirements of the Health and Safety Code and property maintenance guidelines. This includes educating property owners, property managers, and tenants about those requirements. Organics Inspection Services Perform inspection site visits, including lid flipping of residential and commercial containers. Coordinate regular on -site inspections and evaluations of residential and business recycling efforts for compliance with SB 1383. Record keeping; track compliance levels; addresses visited, and letters issued. Ensure all residents and businesses have a green organic waste bin or the required 60-gallon (Tan) organics containers for businesses. Qualifications Code Enforcement personnel shall be certified through the International Code Council, CACEO, and/or other various training programs offered through accredited institutions. In addition, personnel shall a PC832. Scheduled Hours of work The assigned code enforcement officer(s) will work a 5/40 schedule from Tuesday through Saturday. The hours of work may fluctuate between 8 am and 4:30 pm and 1pm to 9 pm to address vendor enforcement in the afternoon, evening and weekend hours. Changes to the set schedule will be made with a minimum of two weeks' notice. 8 I:\cmo\Agreements\Willdan Engineering Agreement FY23-0127,docx-ms EXHIBIT "B" Fee Schedule Willdan shall provide contract code enforcement services to the City of Redlands for a flat hourly rate based on the rate schedule below. All contract code enforcement services shall be billed at the Code Enforcement Officer rate for all services outlined in the Scope of Work. In the case additional services are requested during the terra of this agreement, the following hourly rates will be applied. Service Provided Hourly Rate Hourly Rate with Vehicle Code Enforcement Officer $75 $85 Code Enforcement Officer II $85 $95 Code Enforcement Officer II $95 $105 Code Enforcement Officer II $115 $125 Code Enforcement Officer II $135 $145 Overtime Billed at 1.5 times the hourly rate 9 I;\cmo\Agreements\Willdan Engineering Agreement FY23-0127.docx-ms EXHIBIT "C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees. CHECK. ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861). I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance. I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct. WILLDAN ENGINEERING By: Vanessa Mr oz, Pres' 4 ent/CEO 10 I.\cmo\Agreements\WiI1dan Engineering Agreement FY23-0127.docx-ms Date: .q(q ��