HomeMy WebLinkAboutC-8946-2 - PSA for Code Enforcement Staff Augmentation ServicesON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH 4LEAF, INC. FOR
CODE ENFORCEMENT STAFF AUGMENTATION SERVICES
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 1 th day of May, 2025 ("Effective Date"), by and between
the CITY OF NEWPOIT BEACH, a California municipal corporation and charter city
("City"), and 4LEAF, INC., a California corporation ("Consultant'), whose address is 2126
Rheem Drive, Pleasanton, CA 94588. and is made with reference to the following.
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City,
S. City desires to engage Consultant to provide on -call, as needed code enforcement
staff augmentation services ("Project'),
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement,
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The terns of this Agreement shall commence on the Effective Gate, and shall
terminate on June 30, 2026.. unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
,1 Consultant shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein.
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal'), The Letter Proposal shall include the following;
2.1.1 A detailed description of the Services to be provided.-
2.1.2 The position of each {person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Lotter Proposal. Once authorized to proceed. Consultant shall
diligently perform the duties in the approved Letter Proposal,
3. TIME OF PERFORMANCE
3-1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to {provide notice within two () calendar clays of the occurrence causing the delay to the
other party so that all delays can be addressed-
33 Consultant shall submit all requests for extensions of tirne for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail,
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
One Hundred Twenty Thousand Dollars and DOM00 (1 0,000.00), without prior
written authorization from City. No billing rate changes shall be made during the terror of
this Agreement without the prior written approval of City.
4-2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month.Consultant's bills shall include the name of the person
4LEAF, Inc, - - Page
who performed the Work, a brief description of the Services performed andlor the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pair Consultant no later than thirty (O) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Lefker Proposal or specifically approved
in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
chedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
y�:2 :183 I*Q 9 J, F-I k, r-W :IV
5A Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Kenneth Eckman to be its
Project Manager. Consultant shall net remove or reassign the Project Manager or any
personnel fisted in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. ity's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -ley personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff' shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
B. ADMINISTRATION
This Agreement will be administered by the Community Development Department.
ity's Code Enforcement Supervisor or designee shall be the Project Administrator and
shall have the authority to act for City under this Agreement. The Project Administrator
shall represent City in all matters pertaining to the Services to be rendered pursuant to
this Agreement.
4LEAF, Inc. Page
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule,
B. STANDARD OF DARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of shill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances, All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards-
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full farce and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies_
9. HOLD HARMLESS
.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, clairns for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, 'Vaims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
4LEAF, Inc_ Page 4
the Project {including the negligent, reckless, and/or wiilful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees. vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them), and/or if it is subsequently determined that an
employee of Consultant is not an independent contractor,
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claire arising from the sole
negligence orwillful misconduct of the Indemnified Parties_ Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action an or to enforce
the terms of this Agreement_ This indemnity shall apply to all claims and 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.
10. INDEPENDENT CONTRACTOR
TOR
10.1 It is understood that City retains Consultant on an independent contractor
basis and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City, Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shal I
mean only that Consultant shall fallow the desires of City with respect to the results of the
Services,
10.2 Consultant agrees and acknowledges that no individual performing
Services or Work pursuant to this Agreement shall. work full-time for more than six (6)
months; work regular part-time service of at least an average of twenty (0) hours per
week for one year or longer; work nine hundred sixty {fi0} hours in any fiscal year; or
already be a CaIPERS member_
10.3 Consultant must submit to and pass a criminal background investigation by
providing a complete set of fingerprints to City prior to commencing or performing
Services or Work. Consultant is required to submit any fees for the criminal background
investigation according to the ity's most current administrative fee schedule or
successor document. Fingerprints may be required to be updated every five ( ) gears,
11. COOPERATION
Consultant agrees to work closely and cooperate fully with ity's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project_
4LEAF, Inc. Page 5
112. CITE' POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with ity's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manger consistent with City goals and policies.
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the terra
of this Agreement or for ether periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and oonditions described in the Insurance requirements
attached hereto as Exhibit C, and incorporated herein by reference,
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFER
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following snail be
construed as are assignment; The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or cc -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal, Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is are intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City,
4LEAF, Inc. Page 6
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement.
shall become the exclusive property of City, and City shall have the sale right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request,
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at ity's sale risk and without liability to Consultant. Further, any and
all liability arising out of changes mach to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assurnes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office andlor viewable with Adobe Acrobat,
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans. notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19, INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) gears,
or for any longer period required by law, from the date of final payment to Consultant
4LEAFr Inc. Page 7
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and mane transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three () years from the date of final payment to Consultant
under this Agreement.
1. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheid sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld,
► =1NZZ61*V-1kqI*is]JJIMi[a]►6-1
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit ity's rights under the law or any
other sections of this Agreement.
3. CITYPS RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project,
4. CONFLICTS OF INTEREST
24.1 Con5uitant or its employees may be subject to the provisions of the
California Political Deform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the fork performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24,2 If subject to the Act and/or Govemment Code §§ 1 OP0 et seg., Consultant
shall conform to all requirements therein_ Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section_
4LEAF, Inc, Page 8
25. NOTICES
25.1 All notices, demands, requests or approvals, including array change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided-
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at;
Attn. Code Enforcement Supervisor
Community Development Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 920
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Cesar Plascencia
4LEAF, 1nc-
21 6 Iheem Drive
Pleasanton, CA 94588
6. CLAIM
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or adsing out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 of sag-)-
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two {} calendar days, or if more than two () calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two () calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
4LEAF, Inc. Page
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
7.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section. City shall pay Consultant for Services
satisfactorily performed and costs incurred tip to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. . City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement,
28.2 Compliance with all Laws_ Consultant shall, at its own cost and expense:
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28,E Waiver_ A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other terms covenant or condition contained herein, whether of the
same or a different character,
8.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever bind or nature are merged herein.
No verbal agreement or implied covenant shali be held to vary the provisions herein.
8.5 Conflicts or Inconsistencies. In the evert there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
8.6 Interpretation, The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shah not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. Th[s Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
4LEAF, Inc. Page 10
28.8 Severability_ If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect,
8.9 Control[ing Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California,
8.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subwntractor, employee
or applicant for employment because race. religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status.- sex, sexual orientation,
age or any other impermissible basis under law.
8,11 No Attorneys' Frees_ 1n the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees,
28.12 Counterparts, This Agreement may be executed in two () or more
counterparts, each of which sha[I be deemed an original and all of which together shall
constitute one (1 ) and the same instrument,
[SIGNATURES ON NEXT PAGE]
4t_EAF, Inc, --- -- Page 11
IN WITNESS WHFREOF, the parties have caused this Agreement to be executed
on the dates written below,
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
CITY OF NEWPORT BEACH,
a California Municipal corporation
Date:
By: By:
Aaron C. Harp ce - Leung
City Attorney it onager
ATTEST:
Date: X I / z o
By:
-{be Le and , Brown
City Clerk
CONSULTANT: 4LEAF, Inc., a
California corporation
Date,
Signed in Counterpart
Bv:
Kevin Duggan
Chief Executive
Date;
Officer, Secretary
Signed in Counterpart
By: -
Gene Barry
Chief Financial Officer
(END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Fates
Exhibit C — Insurance Requirements
4LEAF, Inc. - - Page 1
IN WITNESS WHEREOF, the parties have caused this agreement to be executed
on the dates written below -
APPROVED AS TO FORM:
CITY ATTORNEY°S OFFICE
Date;
CITY OF NEWPORT BEACH,
a California municipal corporation
Date --
By; ' By: —
Aaron C. Harp Grace K. Leung
City Attorney City Manager
ATTEST:
Date;
By:
Leilani I, Brown
City Clerk
CONSULTANT; 4LEAF, Inc-, a
alifomia corporation
Date: .51 I � /
�s
e . Duggan
Chief Executive fficer, Secretary
Date; 0 I °C (
.ti
Y�
gene Barry
Nef Financial Officer
[END OF SIGNATURES]
Attachments; Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Fates
Exhibit G -- Insurance Requirements
dLEAFr Inc- Page 1
SCOPE OF SERVICES
4LEAF, Inc. Page A-1
4LEAF, INC.
CQ&5TRUCT104MA-jAC_TVf-iF PLa�CHF0%
.' ItiwYCr10U r�LANN—vC, r0i" f�?OW.1 hlI H;
SCOPE OF WORK
Inspections
4LEAF can provide certified and cluaiified staff to perform inspections in a
lawful manner that respects the reasonable expectations of privacy and
security of residents and their properties_ Inspections conducted will
determine if conditions on the properties are compliant with applicable
sections of the current editions of the International property Mainteriance
Code (IPMC), Municipal Code, Zoning Cade, California Health and Safety
Codes, Uniform, Housing Code, Uniform Code for the Abatement of
Dangerous Building, CA residential Cade, CA Building Code, and trade codes.
Upon assignment, 4LEAF's Code Enforcement staff will he ready to respond and provide compliance solutions to
code uses, new and existing, with minimal impact to current processes_
4LEAF Code Enforcement inspectors are qualified to do the following.
o Perform inspections for violations of Building Codes and Ordinances as adopted by the municipality.
o Research properties for prior approvals, permits, and general information relating to violations.
a Investigate and take necessary action when a viol atian of municipal codes exists.
o
Consult with the City Council as required, when requested by the Code Enforcement Manager/Director,
and when escalated enforcement may be required.
u Comply with the City's procedures fof reporting inspection results and deficiencies_
o Use City inspection correction forms.
o Complete necessary digital entries that capture site inspection results, case status cornmunications and
any documentation of notices provided to responsible parties and stakeholders_
c) Conduct follow-up inspections as needed.
o hiotify the responsible parties of other agency approvals prior to closing a Cade Enforcement action_
o Maintain recartds as needed for the efficient and effective operation of the City.
o Meet with members of the public and municipal staff an a daily basis as needed.
Short -Term Rental Programs
One of the fastest -growing programs within Code Enforcement Divisbns is short-term rentals. 4LEAF assists with
compliance with municipal short-term rental ordinances that require property owners to adhere to several rules,
including limiting the number of daytime and overnight guests, prohibiting events and amplified sound, and
posting specific rules and emergency information, among others_ Short-term rentals are presenting challenges
within our communities. While these rentals offer unique opportunities for travelers and hosts, they have also
brought forth varlous concerns that warrant immediate attention. Housing availability, neighborhood dynamics,
and safety considerations have raised valid apprehensions among residents. 4LEAF understands these issues and is
pleased to present a comprehensive scope of services designed to regulate short-term rentals effectively, fostering
a harmonious coexistence for all stakeholders involved, Our proposed solution encompasses meticulous research,
the development of fair regulations, stringent compliance inspections, and a robust enforcement system to
address illegal postings and operations. With these measures in place, we can resolve the prevaiting issues and
create a sustainable short-term rental ecosystern that benefits the entire community_ We look forward to
City of Newport E3oxh April 10. 2025
scope of 4 iork Page t
LEAF, INC.
('.V11. I:C I14rV MAN A.-1411 w1 J'.-\5:111 I-K
' }4; F11 ANN04t.. r'f.'-4 F 114C I All •.�
collaborating with you all in implementing this solution and achieving a positive and lasting impact on our
neighborhoods. These are scopes of services that we provide, itic Iuding but not limited to:
1. Research and Analysis. Conducting a thorough study of the local short-term rental rnarket is crucial to
understanding the current landscape and potential impact orr the community_ This data -driven appfioach
enables your jurisdiction to make informed decisions and design effective regulations tailored to yaur specific
needs.
2. Developing Regulations and Policies; Developing clear and well-defined regulations is essential for Creating a
level playing fietd for all short-term rental operators_ These policies help establish guidelines, standards, and
baundaries that ensure the industry operates responsibly, benefiting bath residents and hosts alike,
3. Licensing and Registration; Implementing a licensing and registration system ensures that only eligible and
responsible operators are allowed to offer short-term rentals. This process helps your jurisdiction track and
communicate with operators, making it easier to enforce regulations anti ensure compliance with safety and
tax requirements.
4. Compliance Inspections; Regular rOrnpIiance inspections are vital to guarantee the safety and quality of short-
term rental properties_ By verifying adherence to regulations, your jurisdiction can maintain tomrnunity safetyr
prevent potential hazards, and protect the rights of both guests and neighbors_
5. Enforcement and Penalties: A robust enforcement mecharnsrrr, Including penalties for non -compliant
aperators, serves as a deterrent against illegal or irresponsible practices. By imposing consequences for
violations, authorities can discourage unlawful behavior and encourage operators to adhere to the established
regulations.
6. Data Monitoring and Reporting: Implementing or ensuring that proper documentation is completed is
standard operating procedure for 4LEAF_ A proper data monitoring system provides insights into the short-
term rental market's impact on housing and the local economy. It enables evidence -based decision -making,
helping your jurisdiction adjust regulations if necessary and fostering transparency in the regulatory process.
7. Public Awareness and Education: Public awareness campaigns educate bath short-term rental operators and
residents about their respective rights and responsibilities. By promoting best practices and addressing
concerns, these campaigns foster a sense of community understanding and cooperation, reducing potential
conflicts.
8_ Collaborative Partnerships; Partnering with short-term rental platforms and Iaiw enforce rrrent agencies fosters
cooperation and facilitates compliance. Mata sharing and joint efforts between these stakeholders help
stream line the er?forcernent process and address challenges mare effectively.
9. Complaint Resolution; a complaint resolution empowers residents to report issues and complaints related to
short-term rentals. Swift and fair resolution of complaints helps maintain harmony within the community and
ensures #hat any problems are addressed promptly.
10_ Periodic Review; Regularly reviewing and updating regulations allows your jurisdictlon to keep pace with
changes in the short-term rental industry and adapt to new challenges or opportunities, This flexibility ensures
that the regulatory framework remains relevant and effective in achieving its intended goals.
CNy of NeMJport Beach April 10. 2a25
&wpa of Work Page 2
4LEAF, INC.
3: CJNST I{L % irV &NA1-,Fh'F PLA-%CNECR
Program Analysis
4LEAF understands that Code Enforcement is an essential part of a cornmunity's public health and safety, providing
a regulatory r'nechanism to ensure the public's overall wellbeing. Addressing the canimunRy'S concerns in a timely
and efficient manner is paramount to a successful Code Enforcement Program_ 4LEAF personnel +gill perform the
following:
o Conduct investigative inspections of unpermitted activities.
u Create standard operating procedures, if required.
o Conduct review of all administrative/misdemeanor citations-
0 Provide guidance for resolution of high case load along commerba I corridors_
o Assist with complex code enforcement cases.
o Provide guidance far resolution of existing cases_
Provide in-house and/or field training of traditional Core Enforcement protocols,
o Create an outreach plan to address and deter unperm itted vending/commercial corridor violations.
Staff Augmentation (After-Honrs / On -Call Officers)
4LEAF specializes in providing personnel to municipalities on a part-time or full-time basis. At your request, our
staff arrives at your door wikh training opparWnitIes, study materials, company phones, and energy- saving fleet
vehicles, When necessary, 4LEAF is copable of providing Code enforcement staff oarslde of normal business hours
to improve response times, address coda violations, o d improve response times and maintain public space
integrity_ 4LEAF's Code I=nforcement Staff Avgnnentation personnel categories include=
o Department Director
o Department Manager
c) Code Enforcement Manager and Training Officer
o Son iorCode EnforcementOff icer
o Code Enforcerent Officer I & II
n Code Enforcement Coordinator/Technician
o Hearing Officer
Storinwater Enforcement
4LEAF provides 5tormwater Enforcement. This includes the visual inspection of infrastructure dedicated to the
management of rainwater. Violations would include having inadequate erosion/sediment controls for property,
failing to conduct/document inspections, illegal dumping, overgrowth of vegetation, and flooding.
Vendor- Enforcement
In many areas across California~, unlawful street vending has become a
pressing concern. These vendors, offering a wide variety of products,
often operate without adhering to established regulations, leading to
challenges such as littering, public right of wary obstructions, and unfair
competition with authorized businesses_ While California has taken
commendable steps, such as the introduction of Senate gill 946 and
Senate Bill 972, both of which are designed to regulate and
decriminalize certain aspects of street vending, there remains mucb work to do_ Many vendors, driven more by
City of Newporl Beach April 10. 2025
Serape of Work Page 3
i} "i[H[i{ llSk`; MAk AM,I %41'1r Pi Ah CHFUK
rti•.Jh [' TICWLi r'I ANN-ti� �; r3d l rir r)iaa r nrr n r
economic desperation than defiance, continue to bypass these regulations, resulting in a surge of potentially
unsafe vending operations, many of which are food vendors_ This not only jeopardizes public health but also
diminishes the state's regu latory efforts.
4LEAF is an experienced solution -oriented firm #hat recognizes the complexities of
this issue. Beyond mere IaW enforcementr the 4t_EAF team understands the socio-
econom is intricacies driving vendors towards this livelihood. Our tailored programs
are designed to address the root causes, ensuring vendors have pathways to
legitimate operations while helping jurisdictions maintain public safety and order.
Through a partnership with the City, 4LEAF is poised to offer a comprehensive
strategy and service that not only aligns with state regulations but also provides
sustainable solutions for the challenges of unlawful street vending.
City of Newport Beach April 10, 2025
Scope of Work Page 4
EXHIBIT B
SCHEDULE OF BILLING FATES
4LEA4F, Inc. _ Page B-1
4LEAF, INC.
CONSTRUrTIOM KIANAGEMENT r L N CKEC K'
NE FEC-Tia4 - PLANNING - CouL ENI u PC(. Mir Y T
SECTION : FEE SCHEDULE
FY2025-2026 FEE SCHEDULE & BASIS OF CHARGES
For the City ofNewport Beach
All Rates are Subject to Basis of Charges
Code Enforcement
Directer of Code Enforcement / Project Manager—......... ... ... — .... - .......... ..................................... 195f hour
CodeEnforcement Managi�r...... ..... -.......................................................................................... ....--.$150Jhour
Senior Code Enforcement officer.....,„.................................................................................... ........... $115/#your
CodeEnforcement Officer 11 ............................................................................................. .... ...,..--. 105/hour
Code Enforcement Officer I .................................... -----............,.........,.....,.......................................... 95/hour
AdministrativeSupport . ..... ......... ........................................................................ ........ .,.--.,,.-..,,............... $85/hour
BASIS OF CHARGE
Rates are inclusive of "tools of the trade" such as farms, telephones, and consumables.
+ All invoicing will be submitted monthly.
* Staff Augmentation work is subject to 4-hour minimum charges unless stated otherwise. Services billed in
4-hour increments.
* 4LEAF vehisle(s)areavailable upon request for anadditional$10/hour.
• 4LEAF assumes that these rates reflect the FY2025-2026 contract period.
* Overtime and Premium time will be charged as follows:
- Regular time (work begon after 5AM or before 4PM) 1 x hourly rate
Nighttime (work begun after 4PM or before SAMj 1.125 x hourly rate
0vertfine (over 8-hour M-F or Soturdays) 1-5 x hourly rate
Overtime (over S hours Sat or Vt 8-hour Sun) 2 x hourly rate
Overtime (over S hours Son or Holidays) 3 x hourly rate
* Overtime will only be billed with prior authorization of the designated City personnel-
s All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate -
City of Newport Beach Page 12
Fee Schedule April 10. 2025
EXHIBIT
INSURANCE REQUIREMENTS— PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. if
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to emend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholder's'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Kerr Rating Guide, unless otherwise
approved by the ity's Risk Manager,
3. Coverage Requirements.
A. Workers' Compensation Insurance, Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employee's Liability
Insurance with limits of at least one million dollars (1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor ode -
Consultant shall submi# to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project anchor Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
Ifability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CO 00 01, in an amount not less than two million dollars ( ,000,000) per
occurrence, four million dollars ( 4,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract),
C. Automobile Liability Insurance- Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
4LEAF, Inc, — Page C-1
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ( 1,000,000)
combined single limit each accident-
D. Professional Liability (Errors & Omissions) Insurance, Consultant shall
maintain {professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
two million dollars (,000,000) per claim and four million dollars
( 4,044,400) in the aggregate. Any policy inception date, continuity date,
or retroactive date mask be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement,
4- Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B, Additional Insured Status- All liability policies including general liability,
excess liability, pollution liabiiit►y, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies,
C. Primary and Non. Contributm. All liability coverage shall apply an a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days' notice of cancellation (except for nonpayment for which ten (10)
calendar days' notice is required) or nonreneal of coverage for each
required coverage.
4LEAF, Inc, — Page C-
5. Additional Agreements Between the Parties. The parties hereby agree to the
following;
A. Evidence of Insurance- Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the tern~ of this Agreement- The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (16) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City, if such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. it 's Right to Devise Requirements. City reserves the right at any time
during the terra of the Agreement to change the amounts and types of
Insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. if such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
G. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to CIty for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting ail the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CG t coverage, subcontractors
shall provide coverage with a format at least as Inroad as CG 20 88 04 13.
D. Enforcement of Agreement. Provisions, Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to infGrm
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance- Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
4LE F, Inc- Page -
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant_ Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F_ Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions he eliminated, lowered, or replaced by a deductible. elf -
insurance will not be considered to comply with these requirements unless
approved by City.
G. Ci1V Remedies for n on- om liance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation. to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at ity's
sale option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
H, Timely Notice ofClaims- Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result fromConsultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
4LEAF, Inc_ Page -4
k
%
«
]
3
G
§
}
)
1
\
§
\
\
/
|
)
j
f
} §
j
!
k
ƒ
�
k
�
Le
`
\
a.
;
»
§
(
j
7
/ }
\
ƒ
2
J
`
;
-
(
r
{
)
{
]
%
d
\
{
0
Ti
0