CC Resolution 12850 - Contract with Shums Coda For Permit Technician Staffing ServicesRESOLUTION NO. 12850
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE CITY MANAGER TO DISPENSE WITH THE BIDDING
PROCEDURES SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION 3.20.050,
AND NEGOTIATE, AWARD, AND EXECUTE A CONTRACT WITH SHUMS CODA
FOR PERMIT TECHNICIAN STAFFING SERVICES IN AN AMOUNT NOT TO
EXCEED $120,000
The City Council finds as follows with regard to dispensing with the bidding procedures,
as set forth in Campbell Municipal Code (CMC) Section 3.20.050 and pursuant to
Municipal Code Section 3.20.030 negotiate, award, and execute a contract with Shums
Coda to provide Permit Technician staffing services:
WHEREAS, the City of Campbell Building Division ensures the health and safety
of building construction within the city by reviewing, processing, issuing and inspecting
the required permits in accordance with state and local ordinances, and essential tasks
associated with this responsibility is the intake, distribution, and processing of building
permits; and
WHEREAS, in response to increased building permit application volume the City
seeks to obtain part time permit technician support services to ensure timely permit
processing; and
WHEREAS, the Campbell Building Division contacted known consultants within
the Bay Area that provide contract staff support services to municipalities in order to
solicit permit technician services to support the Building Division; and
WHEREAS, from the firms identified, only Shums Coda, who currently provides
Campbell with permit technician services, responded that they can provide Campbell
with permit technician support; and
WHEREAS, CMC Section 3.20.030 provides that the bidding procedures may be
dispensed with when any one of eight potential circumstances are found to exist.
WHEREAS, the City Council has found the following circumstances from CMC
3.20.030 to exist, thereby warranting the bidding procedures to be dispensed with:
The city seeks the special services, consultation or advice in financial, economic,
accounting, engineering, legal, administrative or other matters from persons
specially trained, experienced and competent to perform the special services
required. Shums Coda has provided permit technician services to Campbell and
has staff that are familiar with Campbell's procedures and policies.
• The supplies, services or equipment can only be obtained from one vendor, in
which case the City may negotiate directly with that vendor; The City has not
found a vendor other than Shums Coda at this time who can provide these
services.
• The City Council, by a majority vote, determines that it is in the best interest of the
public to dispense with the requirements of Section 3.20.050, in which case the
City Council shall prescribe the appropriate method of purchase.
THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City
Manager to dispense with the bidding procedures, as set forth in CMC Section
3.20.050, and negotiate, award, and execute a contract with Shums Coda for permit
technician staffing services as set forth in Exhibit A.
PASSED AND ADOPTED this 21st day of June 2022, by the following roll call vote:
AYES: COUNCILMEMBERS: Gibbons, Landry, Lopez, Bybee, Resnikoff
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
APPROVED:
Paul Resnikoff, Mayor
ATTEST:
Dusty Christopherson, City Clerk
CITY OF CAMPBELL
CONSULTANT SERVICES AGREEMENT
This Agreement is entered into at Campbell, California on the day of
2022, by and between the CITY OF CAMPBELL (hereinafter referred to as
"City") and Shums Coda Associates (hereinafter referred to as "Consultant").
WHEREAS, City desires to obtain permit technician staffing services to support permit
processing by the Building Division within the Community Development Department; and
WHEREAS, Consultant represents that it has the expertise, means, and ability to perform
said services;
NOW, THEREFORE, in consideration of each other's mutual promises, Consultant and
City agree as follows:
1. DUTIES OF CONSULTANT
1.1 Consultant agrees to perform services as set forth in Exhibit A - Scope of Services,
attached hereto and incorporated herein by reference, and which shall be interpreted together and
in harmony with this Agreement. In the event of any conflict between Exhibit A and this
Agreement, this Agreement shall govern, control, and take precedence.
1.2 Consultant's project manager will meet with the City's project coordinator prior to
commencement of the project to establish a clear understanding of the working relationships,
authorities, and management philosophy of City as it relates to this Agreement.
1.3 Consultant, working with the City, will gather available existing information
concerning the project, and shall review documents as necessary for compliance with the
project's objectives.
1.4 In performance of this Agreement by Consultant, time will be of the essence.
1.5 Notwithstanding Section 1.4, Consultant shall not be responsible for delay caused
by activities or factors beyond Consultant's reasonable control, including delays or by reason of
strikes, work slow -downs or stoppages, or acts of God.
1.6 Consultant agrees to perform this Agreement in accordance with the highest
degree of skill and expertise exercised by members of Consultant's profession working on
similar projects under similar circumstances.
1.7 Consultant shall cooperate in good faith with City in all aspects of the
performance of this Agreement.
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1.8 In the course of the performance of this Agreement, Consultant shall act in the
City's best interest as it relates to the project.
1.9 The designated project manager for Consultant shall be Christine Godinez. The
Consultant's project manager shall have all the necessary authority to direct technical and
professional work within the scope of the Agreement and shall serve as the principal point of
contact with the City and the City's project coordinator. The authorized principal of Consultant
executing this Agreement for the Consultant shall have authority to make decisions regarding
changes in services, termination and other matters related to the performance of this agreement
on behalf of Consultant.
1.10 The Consultant (and its employees, agents, representatives, and subconsultants), in
the performance of this Agreement, shall act in an independent capacity and not as officers or
employees or agents of the City. The City shall not direct the work and means for
accomplishment of the services and work to be performed hereunder. The City, however, retains
the right to require that work performed by Consultant meet specific standards consistent with
the requirements of this Agreement without regard to the manner and means of accomplishment
thereof. Subcontractors shall assume all of the rights, obligations and liabilities, applicable to it
as an independent contractor hereunder. Consultant represents and warrants that it (i) is fully
experienced and properly qualified to perform the class of work and services provided for herein,
(ii) has the financial capability and shall finance its own operations required for the performance
of the work and services and (iii) is properly equipped and organized to perform the work and
services in a competent, timely and proper manner in accordance with the requirements of this
Agreement.
1.11 This Agreement contains provisions that permit mutually acceptable changes in
the scope, character or complexity of the work if such changes become desirable or necessary as
the work progresses. Adjustments to the basis of payment and to the time for performance of the
work, if any, shall be established by a written contract amendment (approved and executed by
the City) to accommodate the changes in work.
2. DUTIES OF CITY
2.1 City shall furnish to Consultant all available and pertinent data and information
requested by Consultant to facilitate the preparation of the documents called for in this
Agreement. Consultant shall be entitled to reasonably rely on all such information.
2.2 City shall provide contract administration services. City shall notify Consultant of
required administrative procedures and shall name representatives, if any, authorized to act in its
behalf.
2.3 City shall review documents submitted by Consultant and shall render decisions
pertaining thereto as promptly as reasonably possible.
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3. COMPENSATION
3.1 For the full performance of the services described herein by Consultant, City
agrees to compensate Consultant for all services and direct costs associated with the performance
of the project in an amount not to exceed $120,000, as follows:
a. Once each month, Consultant shall submit for payment by City, an itemized invoice for
services performed during the previous billing period. The invoice shall describe the services
rendered and the title of the item of work, and shall list labor hours by personnel classification.
Said invoice shall be based on all labor and direct expense charges made for work performed on
the project. Labor charges shall be in accordance with the fee schedule found in Exhibit A of
this Agreement. City shall pay Consultant for services rendered and approved by the City within
30 days from the date the itemized invoice is received by the City, subject to the maximum not to
exceed amount specified above and the City's right to object.
b. Direct costs are those outside costs incurred on or directly for the project, and
substantiated with invoices for the charges. Direct expenses include printing, reproduction, and
delivery charges.
3.2 If Consultant incurs other costs which are not specifically covered by the terms of
this Agreement, but which are necessary for performance of Consultant's duties, City may
approve payment for said costs if authorized in writing by the City in advance.
3.3 City may order changes in the scope or character of services in writing, including
decreasing the amount of Consultant's services. In the event that the work is decreased,
Consultant is entitled to full compensation for all services performed and expenses incurred prior
to receipt of notice of change. Under no conditions shall Consultant make any changes to the
work, either as additions or deductions, without the prior written order of the City. In the event,
that the City determines that a change to the work or services from that specified in this
Agreement is required, the contract time and/or actual costs reimbursable by the City for the
project may be adjusted by contract amendment or change order to accommodate the changed
work. The maximum not to exceed total amount specified in this Article 3 (Compensation) shall
not be exceeded, unless authorized by written contract amendment or change order, approved
and executed by the City. Consultant shall obtain prior written approval for a revised fee
schedule from the City before exceeding such fee schedule.
3.4 In no event, will the Consultant be reimbursed for any costs or expenses at any
rates that exceed the rates for set forth in the fee schedule found in Exhibit A.
4. SUBCONSULTANTS
4.1 Consultant may not subcontract any services required under this Agreement
without the prior written consent of the City.
4.2 Consultant shall be responsible to City for the performance of any and all
subconsultants who perform work under this contract, and any acts of negligence or misconduct
on their part. Consultant is solely responsible for all payments due to subconsultants.
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5. OWNERSHIP OF DOCUMENTS AND MATERIALS
All original drawings, documents, papers, data, materials, photographs, negatives and
other work products prepared by the Consultant and/or its subconsultants in the performance of
the services encompassed in this Agreement (whether in printed or electronic format) (" project -
related documents and materials) shall be the property of the City and may be used on this
project without the consent of the Consultant or its subcontractors. City acknowledges that such
drawings, documents, and other items are instruments of professional services intended for use
only on the subject project. Consultant agrees that all copyrights which arise from creation of
the Project -related documents and materials pursuant to this Agreement shall be vested in the
City and waives and relinquishes all claims to copyright or other intellectual property rights in
favor of the City. Upon the completion or termination of this Agreement for any reason, the City
shall be entitled to receive, and Consultant shall promptly provide to the City upon request, all
finished and unfinished project -related documents and materials, produced or gathered by or on
behalf of Consultant that are in Consultant's possession, custody or control. Consultant may
retain copies of said documents and materials for its files. In the event of termination, any
dispute regarding compensation or damages shall not hinder, prevent, or otherwise impact the
City's right to promptly receive and use such documents and materials which are the sole and
exclusive property of the City.
6, TERMINATION
Notwithstanding any other provision of this Agreement, City may terminate this
Agreement at any time, with or without cause, in its sole discretion, by giving notice in writing to
Consultant of such termination. In the event of such termination, Consultant shall have the right
and obligation to immediately assemble the work then in progress for the purpose of completing
the work and turning over all materials and documents to City. In the event of such termination,
Consultant shall be compensated for all work and services performed to the point of termination
in accordance with the payment provisions set forth in Section 3.1, unless the termination is for
cause, in which event Consultant need be compensated only to the extent required by law.
7. AUDIT AND INSPECTION
Consultant shall permit authorized representatives of City to inspect and audit all data and
records relating to its performance under this Agreement for a period of three years following
acceptance of the final study.
8. EQUAL EMPLOYMENT OPPORTUNITY
Consultant agrees to refrain from discriminatory employment practices on the basis of
race, religious creed, color, sex, national origin, handicap, sexual orientation, or ancestry of any
employee of, or applicant for employment with, such Consultant or subcontractor.
9. INSURANCE AND INDEMNIFICATION
9.1 With respect to any design professional services provided by Consultant, the Consultant
agrees to indemnify, and hold harmless the CITY, its officers, and employees to the fullest extent
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allowed by law from any and all claims, actions, causes of action, damages, liabilities and losses,
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, except for any claims, actions, causes of action, losses, damages or liabilities
proximately caused by the sole negligence or willful misconduct of CITY. CITY shall not be
liable for acts of Consultant in performing services described herein. Notwithstanding anything
in this paragraph to the contrary, any defense costs charged to the design professional under this
paragraph shall not exceed the design professional's proportionate percentage of fault, except:
a. That in the event one or more defendants is unable to pay its share of defense costs due to
bankruptcy or dissolution of the business, the design professional shall meet and confer with
the other parties regarding unpaid defense costs in good faith effort to agree on the allocation of
those costs amongst the parties; and
b. Where a project -specific general liability policy insures all project participants for general
liability exposures on a primary basis and also covers all design professionals for their legal
liability arising out of their professional services on a primary basis, then there shall be no
limitation on the design professional's duty to provide a defense and cover the City's cost of
defense.
With respect to all matters other than those covered by the foregoing paragraph, Consultant
agrees to indemnify, defend (with counsel reasonably satisfactory to the CITY) and hold
harmless the CITY, its officers, officials, directors, agents representatives, volunteers, and
employees to the fullest extent allowed by law from any and all claims, actions, causes of action,
losses, damages, liabilities and costs of every nature, including but not limited to all claims,
actions, causes of action, losses, damages, liabilities for property damage, bodily injury, or death,
and all costs of defending any claim, caused by or arising out of, or alleged to have been caused
by or arise out of, in whole or in part, Consultant's performance under this Agreement, except
for any claims, actions, causes of action, losses, damages, costs or liabilities proximately caused
by the sole negligence or willful misconduct of CITY. CITY shall not be liable for acts of
Consultant in performing services described herein.
In no event shall this section be construed to require indemnification by the Consultant to a
greater extent than permitted under the public policy of the State of California; and in the event
that this contract is subject to California Civil Code section 2782(b), the foregoing indemnity
provisions shall not apply to any liability for the active negligence of the City.
The defense and indemnity provisions obligations of this Agreement are undertaken in addition
to, and shall not in any way be limited by the insurance obligations contained in this Agreement.
The foregoing indemnity provisions are intended to fully allocate the parties' risk of liability to
third -parties; and there shall be no rights to indemnity or contribution, in law or equity or
otherwise between the parties that are not set forth in this section. Consultant waives all rights to
subrogation for any matters covered by the provisions of this section. Consultant's responsibility
for such defense and indemnity obligations as set forth in this section shall survive the
termination or completion of this Agreement for the full period of time allowed by law.
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9.2 Consultant shall maintain insurance conforming to the following specifications to the
fullest amount allowed by law for a minimum of one year following the termination or
completion of this Agreement:
A. Types of Coverage
The policies shall afford the following types of coverage:
1. Commercial General Liability;
2. Automotive;
3. Workers' Compensation and Employer Liability; and
4. Professional Liability and/or Errors and Omissions
B. Minimum Scope of Insurance
Coverage shall be at least as broad as:
For Commercial General Liability: Insurance Services Office (ISO) CGL
Form 00 01 11 85; and
2. For Automotive Liability: ISO CA 00 01 06 92 including symbol I(any
auto); and
3. For Workers' Compensation: insurance as required by the Labor Code of
the State of California and Employer's Liability insurance; and
4. For Professional Liability and/or Errors and Omissions: insurance covering
negligence committed by or on behalf of Consultant in rendering services
to City.
C. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence for
bodily, personal injury and property damage. If Commercial General Liability Insurance
or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to this project/location or the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
3. Workers' Compensation and Employer's Liability: Workers'
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Compensation limits as required by the Labor Code of the State of California and
Employer's Liability limits of $1,000,000 per accident.
4. Professional Liability and/or Errors and Omissions: $1,000,000 per claim
and $2,000,000 in the annual aggregate.
The limits of insurance required in this Agreement may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain
or be endorsed to contain a provision that such coverage shall also apply on a primary and
non-contributory basis for the benefit of City (as agreed to in this Agreement) before the
City's own insurance or self-insurance shall be called upon to protect it as a named
insured.
D. Deductible and Self -Insured Retention
Any deductibles or self -insured retention must be declared to and approved by the
City, and shall not reduce the limits of liability. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self -insured retention as respects the
City, its agents, officers, attorneys, employees, officials and volunteers; or the Consultant
shall procure a bond guaranteeing payment of losses related to investigations, claim
administration, and defense expenses. Policies containing any self -insured retention
provision shall provide or be endorsed to provide that the self -insured retention may be
satisfied by either the named insured or the City.
E. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
General Liability and Automobile Liability Coverage:
a. The City, its agents, officers, attorneys, employees, officials and
volunteers are to be covered as additional insureds as respects: liability arising out
of this Agreement performed by or on behalf of the Consultant, products and
completed operations of the Consultant, premises owned, occupied or used by the
Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. It
is a requirement of this Agreement that any available insurance proceeds broader
than or in excess of the specified minimum insurance coverage requirements
and/or limits set forth in this Agreement shall be available to the City as an
additional insured. Furthermore, the requirements for coverage and limits shall be
(1) the minimum coverage limits specified in this Agreement, or (2) the broader
coverage and maximum limits of coverage of any insurance policy or proceeds
available to the named insured, whichever is affords greater coverage.
b. The Consultant's insurance coverage shall be primary insurance as
respects the City, its agents, officers, attorneys, employees, officials and
volunteers. Any insurance or self-insurance maintained by the City, its agents,
officers, attorneys, employees, officials and volunteers shall be excess of the
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Consultant's insurance and shall not contribute with it.
C. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its agents, officers, attorneys,
employees, officials, and volunteers.
d. The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought except with respect to the limits of
the insurer's liability.
2. Workers' Compensation and Employer's Liability Coverage: The insurer
shall agree to waive all rights of subrogation against the City, its agents,
officers, attorneys, employees, officials, and volunteers for losses arising
from work performed by the Consultant for the City.
3. All Coverages: Any unintentional failure to comply with reporting
provisions of the policies shall not affect coverage provided to the City;
and unless otherwise approved by the City, each insurance policy required
by this clause shall be endorsed to state that coverage shall not be canceled
by either party, except after thirty (30) days prior written notice by regular
mail has been given to the City, or ten (10) days for cancellation for non-
payment of premium.
F. Suspension or Cancellation
If any of the coverages required by this Agreement should be suspended, voided,
cancelled or reduced in coverage during the term of this Agreement, Consultant shall
immediately notify City and replace such coverage with another policy meeting the requirements
of this Agreement.
G. Subcontractors
Consultant agrees that any and all contracts with subcontractors for performance
of any matter under this Agreement shall require the subcontractors to comply with the same
indemnity and insurance requirements set forth in this Agreement to the extent that they apply to
the scope of the subcontractors' work. Subcontractors are to be bound to contractor and to City
in the same manner and to the same extent as the Consultant is bound to City under this
Agreement. Subcontractors shall further agree to include these same provisions with any sub -
subcontractor. A copy of this Agreement will be furnished to the subcontractor on request. The
Consultant shall require all subcontractors to provide a valid certificate of insurance and the
required endorsements included in the Agreement prior to commencing any work, and will
provide proof of compliance to the City.
K Acceptability of Insurers
Without limiting Consultant's indemnification provided hereunder, the policies of
insurance listed in Article 9.2 of this Agreement are to be issued by an issuer with a current A.M.
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Best Rating of A:V and who is authorized to transact business in the State of California, unless
otherwise approved by the City.
H. Verification of Coverage
Consultant shall furnish the City with endorsements and certificates of insurance
evidencing coverage required by this clause. The certificates for each insurance policy are
to be signed by a person authorized by that insurer to bind coverage on its behalf. The
certificates are to be on forms acceptable to the City. Where required by statue, forms
approved by the Insurance Commissioner are to be submitted. All certificates are to be
received and approved by the City before work commences.
10. MISCELLANEOUS
10.1 This Agreement shall be binding on the heirs, executors, assigns and successors of
Consultant.
10.2 Neither party may assign this Agreement, or any portion hereof, without the prior
written consent of the other.
10.3 This Agreement shall not be construed to alter, affect, or waive any lien or stop
notice rights, which Consultant may have for the performance of services pursuant to this
Agreement.
10.4 Neither parry's waiver of any term, condition or covenant, or breach of any term,
condition or covenant shall be construed as the waiver of any other term, condition or covenant
or waiver of the breach of any other term, condition or covenant.
10.5 This Agreement contains the entire Agreement between City and Consultant
relating to the project and the provision of services to the project. Any prior agreements,
promises, negotiations, or representations not expressly set forth in this Agreement are of no
force or effect. Subsequent modifications to this Agreement shall be in writing and signed by
both City and Consultant.
10.6 If any term, condition or covenant of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this
Agreement shall be valid and binding on City and Consultant.
10.7 This Agreement shall be governed and construed in accordance with the laws of
the State of California.
10.8 This Agreement may be executed in counterparts and will be binding as executed.
10.9 All changes or amendments to this Agreement must be in writing and approved by
all parties.
10.10 The term of this Agreement shall commence upon execution of the Agreement and
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terminate December 2023. Any extension of the Agreement shall be mutually agreed upon in
writing and shall require an amendment to the Agreement signed by both parties.
10.11 Consultant owes the City a duty of undivided loyalty in performing the work and
services under this Agreement, including, but not limited to, the obligation to refrain from having
economic interests and/or participating in activities that conflict with the City's interests in
respect to the work and/or services and project. The Consultant shall list current clients who
may have a financial interest in the outcome of this Agreement. The Consultant hereby certifies
that it does not now have, nor shall it acquire any financial or business interest that would
conflict with the performance of services under this agreement. Consultant shall not make or
participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a direct
or indirect financial interest other than the compensation promised by this Agreement.
Consultant will immediately advise the City if Consultant learns of a financial interest of
Consultant's during the term of this Agreement.
10.12 This Agreement is entered into, and to be performed in Santa Clara County,
California, and any action arising out of or related to this Agreement shall be maintained in a
court of appropriate jurisdiction in Santa Clara County, California.
NOTICES
Notices required under this Agreement may be delivered by first class mail addressed to
the appropriate party at one of the following addresses:
CITY: City of Campbell
Attention: Rob Eastwood
Community Development Director
70 North First Street
Campbell, CA 95008
CONSULTANT: Shums Coda Associates
Attention: Christine Godinez
5776 Stoneridge Mall Rd., Ste #150
Pleasanton, CA 94588
Having read and understood the foregoing Agreement, the undersigned parties agree to be bound
hereby:
CONSULTANT
IM
Title: Christine Godinez, Chief Operating Officer
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CITY OF CAMPBELL
CA
Title: City Manager
Exhibit A - Scope of Services and Fees
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EXHIBIT A
SCOPE OF SERVICES
Permit Technician Services
SCA provides Permit Technician Services to cover one or more of the following disciplines;
Assists with permit applicants and others by phone and in person,
Calculates and processes permit fees,
Reviews, logs, coordinates and routes various plans and permits,
Processes and reviews building permit applications, documents and plan submittals to assure accuracy and
compliance with the jurisdiction
• Provides information to the public relating to the status of projects and permits.
EXHIBIT B
SCHEDULE OF FEES
Personnel Charges
Personnel Description:
Permit Technician
Hourly Billing Rate:
**Overtime for inspection hours will be billed atone hundred fifty percent (150%) of the hourly rate above.
$62.50