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Submitted by:
Council Report
March 4, 2014
Honorable Mayor and Members of the City Council
Jason Stilwell, City Administrator
Rob Mullane, AICP, Community Planning and Building Director
Consideration of a Resolution Authorizing the City Administrator to Adopt
an Amendment to an Exi sting Contract (PDB-PCA-FOUR-005-13-14) with
4Leaf, Inc. for Continued Contract Permit Technician Services, in an
Amount not to Exceed $92,000.
Recommendation(s): Adopt a Resolution (Attachment A) authorizing the City Administrator to
amend (Attachment B) an existing contract (PDB-PSA- FOUR-006-13/14)
with 4Leaf, Inc. for continued contract permit technician services, in
amount not to exceed $92,000 for up to an additional 12 months
Executive Summary: In November 2013, the City Administrator entered into an agreement for
consulting services with 4Leaf, Inc. to provide contract permit technician
services to the Community Planning and Building Department. The term
of the contract was for one year, and a $25,000 limit was established.
The contract allowed the City to retain the services of a certified permit
technician with 4Leaf. The permit technician is responsible for intake of
Planning, Building, and Encroachment Permits, routing the Building and
Encroachment permits to the appropriate staff people, and tracking the
status of these permits. The permit technician also fields questions from
the public and from applicant representatives regarding what type of
permit is required.
Analysis/Discussion: The permit technician is the City's front-line staff person for answering
permit quest ions from the public, for intake of all Community Planning
and Building Department applications, and for issuance of Building
Permits. Through the 4Leaf, Inc. contract, the City provides a certified
permit technician for these services 3 days a week, with back-up on the
other two days from a temporary hire who is not a certified permit
technician, but who has received training in permit technician duties.
Fiscal Impact:
Budgeted (yes/no):
The City has been informed that the permit technician will be able to shift
to a 4 day-a-week schedule starting in March, and this will improve the
Department's service level for the Planning and Building Counter
function. Once this shift is made, it would still be desirable to retain
coverage on the fifth day of the week by the temporary hire back-up.
The certified permit technician's billing rate is $57.50/hr, which is on par
for contract permit technician services.
The Council could opt to not amend the contract, in which case it would
expire upon reaching the $25,000 limit of the current contract. That
would likely occur sometime in April of 2014. This would have a
substantial adverse effect on the service level provided at the Planning
and Building Counter. Turn-around times for Planning, Building, and
Encroachment permit services would be increased, and senior staff in the
department would need to be diverted from other responsibilities to
provide adequate Counter coverage.
The contract amendment specifies a not to exceed, limit of $92,000. This
would be in addition to the $25,000 initial authorization, so the amended
contract amount would be $117,000. The contract amendment would
provide for an average of up to approximately 120 hours of assistance
per month. The cost to the City is partly defrayed by Planning and
Building Permit fee revenue.
Funding Source( general fund, grant, state):
General Fund
Previous Council
Action/Decision History: None
Reviewed by:
City Administrator *
Asst . City Admin. D
Public Safety Dir D
City Attorney D Administrative Services D
Dir of CPB fllY' Dir of Public Svcs D
Library Dir D Other D
Attachment A- Resolution
Attachment B - Contract Amendment
Attachment C- Existing Contract
TO EXCEED $92,000.
WHEREAS, the City of Carmel-by-the-Sea entered into a contract for professional
services with 4Leaf, Inc. to provide contract planning services on November 14, 2013; and
WHEREAS, the funds are planned and budgeted for and will be authorized from the
Community Planning and Building Department's budget.
OF CARMEL-BY-THE-SEA does hereby:
Authorize the City Administrator to amend the existing contract with 4Leaf, Inc., for
continuation of contract planning services for a period of 12 months for an amount not to
exceed $92,000, with all other terms of the existing contract remaining unchanged.
BY-THE-SEA this 4th day of March 2014 by the following roll call vote:
Daryl A. Betancur, CMC
Deputy City Clerk
Jason Burnett, MAYOR
Term of the Contract: The term of the contract is extended to March 3, 2015, with
additional extensions subject to City Council approval.
Compensation: The compensation amount is increased by an amount of up to $92,000,
for a revised not -to-exceed total of $117,000.
Jason Stilwell
City Administrator
Kevin J. Duggan
Attachment C
THIS CONTRACT is executed /l..fl'i1. this day of by and between
the CITY OF CARMEL-BY-THE-SEA. hereinafter referred to as "'CITY" and Inc.,
hereinaftet called "CONSULTANT".
1. CONSULTANT hereby agrees to provide to CITY, as the scope of
services under this Contract the services set forth in Exhibit "A" attached hereto and
incorporated he1-ein by this reference.
2. Timely Work. CONSULTANT ahall perform all duties incidental m
necessary in a timely fashion; and shall be perfo1med diligently, competently, and in
accordance with professional standards of performance. Failure to so perform is hereby
deemed a material breach of this Contract, and CITY may terminate this Contract with no
futther liability hereunder. City may agree in writing with CONSULTANT to an extension
of time. It is expressly agreed and understood that CONSULTANT shall not be held
1esponsible for delays occasioned by factors beyond their control, nor by factms that could
not reasonably have been foreseen at the time of execution ofthis CONTRACT.
3. Term. The work under this ContJ:act shall commence November 18, 2018
and tetminate November 17, 2014. The pa1ties may agree to extend or amend this
Contract ptior to its expintion.
4. Compensation. CITY shall pay CONSULTANT in an amount not to
exceed $25,000, in accordance with this Contract for fiscal year 2013-14.
Compensation undet this Contract shall become due and payable thirty (30)
days after CITY's appt'Oval of CONSULTANTS submission of monthly written invoices.
Wl'itten invoices shall clearly itemize each charge. The payment of any compensation to
CONSULTANT hereunder shall be contingent upon performance of the terms and
conditions of this Contract to the satisfaction of the City Administrator.
If the City Administrator dete1mines that the work set forth in the written
invoice has not been performed in accordance with the terms of this Contract, CITY shall
not be responsible for payment until such time aa the work has been satisfactotily
5. Additional Services. In the event that CITY should l'equest additional
services not covered by the terms of this Contract, said services will be p1'0vided by
CONSULTANT and paid fo1 by CITY only aftel a fee for said services has been agreed upon
between CONSULTANT and City Adminiafa:ator and the City Administratol' provides
written authorization for the additional work.
6. Meet and Confer. CONSULTANT agrees to meet and confet wi th CITY or
its agents or employees with regard to services as set forth herein as may be required by
City Administrator to insure timely and adequate perfor mance of this Contract.
Attachment C
Indemnification. CONSULTANT hereby agt-ees to the following
indemnification clause:
To the fullest extent pet"'llitted by law (including, without limitation,
California Civil Code Sections 2782 and 2782.6), CONSULTANT shall defend (with legal
counBel reasonably acceptable to designated agents, departments, officials, rept-esentatives,
and employees (collectively "Indemniteee") from and against claims, loss, cost, damage,
injury expense and liability (including incidental and consequential damages, court COAts,
1-easonable attorneys' fees, litigation expenses and fees of exJ)et't oollBultants or expert
witnesses incmTed in connection therewith and costs of investigation) to the extent they
a1iae out of, pertain to, or relate to, the negligence, recklessness, or willful misconduct of
CONSULTANT, any SUB-CONSULTANT, anyone directly or indirectly employed by them,
or anyone that they control (collectively "Liabilities"). Such obligations to defend, hold
harmless and Indemnify any Indemnitee shall not app]y to the extent that such Liabilities
at-e caused in part by the negligence, 01 willful misconduct of such Indemnitee.
Notwithstanding the provisions of the above paragl'Bph, CONSULTANT
agrees to indemnify and hold harmless CITY from and against any and all claims, demands,
defense costs, liability, expense, or damages a1ising out of or in connection with damage to
or loss of any property belonging to CONSULTANT or CONSULTANT'S employees,
contracto1'8, representatives, patrons, guests or invitees.
CONSULTANT further agrees to indemnify CITY fo1 damage to or loss of
CITY OF CARMELBYTHE-SEA property to the proportionate extent they arise out of
CONSULTANT'S negligent perfonnance of the wo1k assooiated with this Contract or to the
ptoportionate extent they arise out of any negligent act or omission of CONSULTANT or any
of CONSULTANTS employees, agents, contraeto1'8, l'epresentatives, patt'Ons, guests or
invitees; excepting such damage or loss arising out of the negligence of CITY.
8. Insurance. CONSULTANT 8hall submit and maintain in full force
insurance as described herein. Without altering or limiting CONSULTANT'S duty to
indemnify, CONSULTANT shall maintain in effect throughout the term of this Contract, a
policy or policies of insmance with the following minimum limits of liability:
CommArnjRI gnera}JjeNJjty insuraDee including but not limited to prem.isea,
personal inju1ies, bodily injmies, pl'Oducts, and completed operations, with a combined
single limit of not less than $1,000,000 per occurrence and $2,000,000 in the agg1-egate.
Professional Liability Insurance CONSULTANT shall maintain in effect
throughout the term of this Contract professional liability insurance with limits of not less
than $1,000,000 per claim and $2,000,000 in the aggt-egate. CONSULTANT will eithe1
maintain or cause to be maintained professional liability coverage in full fotce or obtain
extended 1-eporting (tail) cove1age (with the same liability limits) for at least tlu-ee (3) years
following CI'I'Y'S acceptance of work.
Workers' Compensation Insurance If CONSULTANT employs others in the
performance of this Contaact, CONSULTANT shall maintain workers' compensation
insmance in accordance with California Labor Code section 3700 and with a minimum of
$100,000 pet occurrence for employe1'8' liability.
Attachment C
Other Insurance Reauiremente
A All insurance required unde1' this Contract must be written by an
insurance company either:
1) admitted to do business in California with a current A.M. Beat
rating of no lees that A :'VI;
2) an insurance company with a current A.M. Best rating of no
less that A:vn
Exception may be made for the State Compensation Insurance Fund
when not specifically rated.
B. Each insurance policy required by this Contract shall be endorsed to
state that CITY shall be given notice in writing at least thirty (30)
days in advance of any cancellation thereof, except CITY shall be
given TEN (10) days notice for nonpayment of the premium.
C, The general liability and auto policies shall:
1) Provide an endorsement naming CITY, ita officers, officials,
and employees as additional inaureda under an ISO CG 20 10 07 04 or
ISO 20 37 07 04 or their equivalent.
2) Provide that such insurance is primary and non-contributing
insurance to any insurance or self-insurance maintained by CITY.
3) Contain a "Separation of Insureds" provision substantially
equivalent to that used in the ISO form CG 00 01 10 01 m their
4) Provide for a waiver of any subrogation rights agairu!t CITY via
an ISO CG 24 0110 93" or its equivalent.
D. Prior to the start of work under thia Contract CONSULTANT shall
file certificates of insurance and endorsements evidencing the
coverage required by this Contract with the City Administrator.
CONSULTANT shall file a new or amended certificate of insurance
promptly after any change is made in any insurance policy which
would alter the information on the certificate then on file.
E. Neither the insurance requi1emente hereunder, nor acceptance or
approval of CONSULTANTS insurance, n01. whethe1 any claims are
covered under any in8Ulance, ~ h l l in any way modify or change
CONSULTANT'S obligations under the indemnification clause in this
Contract, which shall continue in full foice and effect.
Notwithstanding the insurance l'equirements contained herein,
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Attachment C
CONSULTANT is financially liable for its indemnity obligations
under this Contract.
F. Any deductible or selfineured retentions must be declared to and
approved by CITY. At the option of CITY either: the insured shall
reduce or eliminate such deductiblea or self.insured retentions ae
l'espects CITY, its officers, officials, employees, and volunteers; or
CONSULTANT shall p1'0vide a financial guarantee satisfactory to
CITY guaranteeing payment of losses and related investigations,
claim administration, and defense expenses.
9. Ownership of Work. Upon completion of the work under this Contract,
ownership and title to all materials and delive1ables p1'0duced as part of this Contract will
automatically be vested in CITY and no further contract will be necessary to transfer
ownership to CITY.
10. Licensing, CONSULTANT represents that it iB properly licensed to perform
the work specified under this Contract, including but not limited to, possession of a current
city business license.
11. Termination. This Contract may be terminated by either party upon
thirty (30) calendar days written notice to the other party. In the event of such termination,
CITY shall pay CONSULTANT fo1 all services performed to the satisfaction of CITY to the
date of receipt of notice of termination. An itemized statement of the work performed to the
date of termination shall be submitted to CITY. In ascertaining the services actually
rendered hereunder up to the date of termination of this Contract, consideration shall be
given to both completed work and work in process of completion, and to complete and
incomplete drawings and other documents whether delivered to CITY or in the poese88ion of
12. Agency. In pe1forming the services specified under this Contract,
CONSULTANT is hereby deemed to be an independent CONSULTANT and not an agent or
employee of CITY.
13. Authority of the Citv Admjnietrator. CONSULTANT shall perform all
necessary services provided under this Contract and outlined in the propoaal and shall do,
perform, and carry out said work in a satisfactory and pmper manner as dete1'IDined by and
to the satisfaction of the City AdministratoJ:". The City Administrator r ~ s r v s the right to
make changes, additiom or deletions, to the scope of work as deemed nereasary or advisable
to implement and cany out the PUl'POsea of this Contract. The City Administrator is
authorized to execute change orders.
14. Reaooneibilit.v of Consultant. By executing this CONSULTANT represents
and state to CITY that he/she possesses, or will an'ange to secure from others, all necessary
professional capabilities, experience, 1'88ourcea and facilities necessary to provide to city the
services contemplated under this Contract. CONSULTANT further warrants that he/she
will follow the current generally accepted pnctices of the profession to make findings,
nmder opinions, prepare factual presentations, and provide professional advice and
recommendations regarding the p1'0ject for which services are rendered under this Contract.
Attachment C
lli. Materials and EguitJment. CONSULTANT shall furnish at his/her own
expense, all materials and equipment necessary to carry out the terms of this Contract.
16. Digital Files. CONSULTANT shall furnish copies of all deliverablee on
compact diaka (for example, final report) in digital format. Files shall be compatible with the
current versions used by PC computers.
17. Audit Authority. CONSULTANT shall keep full and detailed accounts and
exercise such controls as may be necessary for proper financial management under this
Contract; the accounting and control $Yf!tems shall be to CITY. CITY and CITY's
auditor shall be afforded access to CONSULTANT's recorda, books, correspondence and
other data 1elatipg to this Contract. CONSULTANT shall preserve these records, books,
correspondence and other data relating to this Conbact for a period of four (4) years after
final payment or fo).' such longer period as may be required by law. In addition,
CONSULTANT agrees to make said 1-ecords, books, correspondence and othe1 data 1-elating
to this Contract available to CITY at CITY's principle place of business upon seventytwo
(72) hours advance written notice. The City Administrator, or his or her designee. shall at all
times have the right to inspect the work. services, or materials. CONSULTANT shall
furnish all reasonable aid and aasistanoo required by CITY for the proper examination of the
work o1 services and all parts thereof. Such inspection shall not relieve CONSULTANT form
any obligation to perfurm said work or services strictly in accordance with the specifications
of any modifications thereof and in compliance with the law.
18. Notices. All notices herein provided to be given, or which may be given by
either party to the other, shall be considered fully 1-eceived when made in writing and
deposited in the United States mail, certified and postage prepaid, and addressed to the
respective parties as follows:
City Ad.ministrator
City of Carmel ByTheSea
Carmel By-The-Sea, CA 93921
Craig Tole, Director of Development Services
4Leaf, Inc.
2110 Rheem Drive, Suite A
Pleasanton, CA 94688
19. Entire Contract. This Contract constitutes the entire contract between
the parties hereto and supersedes any and all prior contracts, whether oral or written,
relating to the subject matter thereof. Any modification of this Contract will be effective
only if it is in writing signed by both parties hereto.
20. Validity. H any provision in this Contract is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in
full force without being impaired or invalidated in any way.
Attachment C
21. Assignment of Interest. The duties undet thia Contract shall not be
assignable, delegable, or transferable without the priot written consent of CITY. Any such
pm-ported assignment, delegation, or transfer shall constitute a matel' breach of this
Contract upon which CITY may terminate this Contract and be entitled to damages.
22. Conflict of Interest. CONSULTANT shall at all time avoid oonflicta of
interest, or the appeannce of conflicts of inte1oest, in the performance of this Contract.
CONSULTANT shall file statements of financial intetoest on forms provided by CITY to the
extent and at the times required by CITY'S Conflict of Inte1oest Code and applicable law.
During the term of this Contract CONSULTANT shall not directly or
indiloectly, either as a partner, employer, employee, consultant, principal. and agent ot in
any individual o1 representative capacity, engage 01' participate in any business Ol'
voluntat'Y activity on behalf of any other party on any property located within the City of
Carmel-ByTheSea without notification to City Administrator.
23. Non-discrimination/Affirmative Action. CONSULTANT will not
discriminate against any employee or applicant for employment because of race, creed,
color, sex, age, national origin, mBI'ital status, physical or other motor handicap, unless
based upon bonafide occupational disqualification.
CONSULTANT will take affirmative action to ensure that applicants at-e
employed and that employees ate tJ.oeated during employment without regard to their 1ace,
creed, colo1, sex, age, national origin, mm:italstatus, physical or other motor handicap.
24. Counterparts. This Contract may be executed in multiple originals, each
of which is deemed to be an original, and may be signed in counterparts.
25. CONSULTANT ag1oees that in the performance of thia Contlact it
will reasonably oomply with all applicable state, fede1al and local laws and regulations.
This Conbact shall be gov&ned by and construed in acoo1dance with the laws of the State
of Califomia and the City ofCarmelByTheSea.
26. Attorneys Fees and Court Venue. Should either pa1ty to this Contract
bring legal action against the other, (formal judicial proceeding, mediation o1 arbitration),
the caae shall be handled in Monterey County, California, and the party p1oevailing in such
action shall be entitled to a reasonable attomey's fae which shall be fixed by the judge,
mediator Ol' arbitrator hearing the case and such fee shall be included in the judgment,
together with all costs.
27. Severability, If any term of this Contl-act is held invalid by a com-t oi
competent jurisdiction, the remainder of this Contract shall remain in effect.
IN WITNESS WHEREOF, this Conttact is entered into by the parties hereto in
CBimel, Califomia, on the day and ye81' first written above.
Attachment C

Its: o+,
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Attachment C
November 1, 2013
Robert A. Mullane, AICP
Community Planning and Building Director
City of Carmel-by-the-Sea
P.O. Drawer G
Carmel-by-the-Sea, CA 93921
main (831) 62Q-2010
direct (831) 62Q-2057
RE: Pennlt Technician SeiVIces provided by 4LEAF, Inc.
Dear Mr. Mullane,
fns(Hlttlon Pln11 C.ltufl
Thank you for interest in 4LEAF, Inc. (4LEAF) to provide Building Department consulting to your Oty.
4LEAF Is the largest provider of these services In Northern California and work many clients in the South
Bay and Monterey Bay Peninsula.
4LAF has identified an exceptional candidate to assist your City with Permit Technician Services.
Attached you will find a resume for Carol Johnson. Carol Is an outstanding candidate with experience
working with the City of Marina, Oty of Santa Cruz, and the City of Hollister.
Carol has Identified a schedule In the range of 3-4 days a week for approximately S-6 hours per day to
assist your Oty with these services. Our hope is that the ctty and Carol will be able to communicate to
establish a mutually beneficial schedule. 4LEAF will provide her services at an hourly rate of $57.50 per
hour. This Is a time and materials contract and 4LEAF will bill the Oty accordingly.
We anticipate carol to be able to start In the middle of next week once we coordinate her offer and
mandatory safety training.
4LEAF will provide a company SOQ which will include our other clients, references, additional scopes of
work, and other company personnel. We will also Include a complete fee schedule for other building
department services you may need In the future.
If you need to reach me you may call me at (925) 4625959 (office), (925) 581)..4055 (cell), or you may
reach me at
4LEAF, Inc
Craig Tole
Director of Development Services
2110 Rhum Suite II
Plustllltcn, Cll Plrane (925) L/62-5959 FQx (925) L/62-5958
Attachment C
Engineering Construction Management Inspection Plan Check
For the City of Carmel By-The-Sea
Inspection Services*
As-Needed Building Inspection Services (residential)
As-Needed Combination Inspection Services (includes commercial)
Construction and/or Public Works Inspector
Lead Project Inspector

Specialty Inspections (ADA, CASp etc.)
Comtruction Management Services
Construction Manager
Engineering Services*
Structural Engineer
Geotechnical Engineer
Civil Engineer
Office Engineer
Field Engineer
Expert Witness
Plan Check Servica*
Staff Augmentation
Outside Services
Administrative Services*
On-Site Project Administrator
Pennit Tec:hnician
BeadhWiter Services*
*All Subject to Bnsls
All invoicing will be submitted monthly.
$ 85 per hour
$ 95 perhota
$ 125 per hour
$ 125 per hour
$ I OS per hour
$ J 75 per hour
$ 140 per hour
$ 250 per hour
S 250 per hour
$195 per hour
$ 195 per hour
$ 115 per hour
$ 175 per hour
$ ISS per hour
$ 500 per hour
$ 110 per hour
70% City fees
$ 6S per hour
$ SO- $57,50 per hour
3 month Salary
Work is subject to 4-hour minimum charges unless stated otherwise. Services bllled in 4-hour increments
Overtime and Premium time will be cllarged as follows:
Regular time (work begun aftu JAM or before 4PM) I .t hOJII'fy rate
Night Time (wo1* begtm qfter 4PM or before 5.AM) 1.125 x hourly rate
(avet 8 hour M-F or Saturdays) 1.5 x hourly rate
Overtime (aver 8 hours Sot or }
8 hour Stm) 2 x hourly rote
Overtime (over 8 hours Sun or Holidays) 3 :r hourly rate
Overtime wili only be billed with prlor authorization of the Chief Building Official, Public Works Director,
or other responsible designated Ciry personnel.
All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate.
All billable expenses will be charged at cost plus 200./a.
Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge.
Client shall pay attorneys' fees, or other costs incnm:d in collecting delinquent amounts.
Client agrees that 4LEAF's liability will be limited to the value of services provided.
2110 Rheem Drive, Sulte A Pleasanton, CA 94588 Phone (926) 462-5959 Fax (925) 462-5958