regular meeting council chambers, city...

SAN RAFAEL CITY COUNCIL - MONDAY, APRIL 6, 2015

REGULAR MEETING

COUNCIL CHAMBERS, CITY HALL 1400 FIFTH A VENUE, SAN RAFAEL, CALIFORNIA

AGENDA

OPEN SESSION - COUNCIL CHAMBERS - 6:00 PM

1. Mayor Phillips to announce Closed Session item.

CLOSED SESSION- CITY MANAGER'S CONFERENCE ROOM - 6:00 PM

2. Closed Session:

a. Conference with Real Property Negotiators -Government Code Section 54956.8 Property Boyd House, 1125 B Street, San Rafael, CA 94901; APN 011-131-03. Agency Negotiators: Nancy Mackle, Jim Schutz, Carlene McCart, Robert Epstein Negotiating Parties: Under Negotiation:

Marin History Museum Renegotiation of Price and Terms of Lease

OPEN TIME FOR PUBLIC EXPRESSION - 7:00 PM

Open Time for Public Expression: The public is welcome to address the City Council at this time on matters not on the agenda that are within its jurisdiction. Please be advised that pursuant to Government Code Section 54954.2, the City Council is not permitted to discuss or take action on any matter not on the agenda unless it determines that an emergency exists, or that there is a need to take immediate action which arose following posting of the agenda. Comments may be no longer than two minutes and should be respectful to the community.

CONSENT CALENDAR:

The opportunity for public comment on consent calendar items will occur prior to the City Council's vote on the Consent Calendar. The City Council may approve the entire consent calendar with one action. In the alternative, items on the Consent Calendar may be removed by any City Councilor staff member, for separate discussion and vote.

3. Consent Calendar Items:

a. Approval of Minutes of City Council / Successor Agency meeting of March 16, 2015 (CC) Recommended Action - Approve as submitted

b. Call for Applications to Fill One Four-Year Term and One Alternate Four-Year Term on the San Rafael Design Review Board, Due to the Expiration of Terms of Stewart Summers and Serge Federov, Alternate, with Terms to Expire End of June, 2019 (CC) Recommended Action - Approve staff recommendation

c. Resolution Authorizing the City Manager to Execute a Professional Services Agreement in an Amount of $18,500 and not to Exceed $7,500 in Reimbursable Expenses with Peckham and McKenney, Inc. for Executive Recruitment for an Assistant City Manager (CM) Recommended Action - Adopt Resolution

d. Resolution to Authorize Purchase of Replacement Furnishings for San Rafael Community Center from AAA Business Interiors (CS) Recommended Action - Adopt Resolution

e. Resolution Amending the Master Fee Schedule for Library Services, Related to Children's Book and Other Fines, and Establishing a Clean Slate Policy for Minors (Lib) Recommended Action - Adopt Resolution

f. Resolution Authorizing the City Manager to Execute an Agreement with Vavrinek, Trine, Day & Co. for Accounting and Financial Reporting Services (Fin) Recommended Action - Adopt Resolution

g. Resolution Increasing the Contingency for the H Street Roadway Improvement Project, City Project No. 11206 (PW) Recommended Action - Adopt Resolution

h. Resolution Accepiing a Proposal from Econolite Control Products, Inc. for the Procurement of Traffic Signal Equipment for the Regional Transportation System Enhancements Project, City Project No. 11237, in the Amount of $49,295.79 and Authorizing the Public Works Director to Execute the Purchase Agreement (PW) Recommended Action - Adopt Resolution

i. Resolution of Local Support for MTC Discretionary Funding and Authorizing the Filing of an Application for Funding Assigned to the Metropolitan Transportation Commission (MTC) Committing any Necessary Matching Funds and Stating the Assurance to Complete the Grand Avenue Bridge Project (PW) Recommended Action - Adopt Resolution

CITY MANAGER'S REPORT:

4. City Manager's Report

COUNCILMEMBER REPORTS / REOUESTS FOR FUTURE AGENDA ITEMS: (inclnding AB 1234 Reports on Meetings and Conferences Attended at City Expense)

5. Councilmember Reports

SAN RAFAEL SUCCESSOR AGENCY:

6. Successor AgencY - Consent Calendar

None

ADJOURNMENT EMERGENCY TRAINING

THIRD FLOOR CONFERENCE ROOM, CITY HALL

7:30PM

I. Mayor, Councilmembers and Standby Councilmembers - Emergency Training (FD)

Any records relating to an agenda item, received by a majority or more of the Council less than 72 hours before the meeting, shall be available for inspection in the City Clerk's Office, Room 209, 1400 Fifth Avenue, and placed with other agendarelated materials onthe table in front of the Council Chamber prior to the meeting. Sign Language interpreters and assistive listening devices may be requested by calling (415) 485-3198 (TOO) or (415) 485-3064 (voice) at least 72 hours in advance. Copies of documents are available in accessible formats upon request. Public transportation is available through Golden Gate Transit, Line 22 or 23. Para transit is available by calling Whist/estop Wheels at (415) 454-0964. To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented products.

IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, March 16, 2015

Regular Meeting San Rafael City Council

Present: Mayor Phillips Vice-Mayor McCullough Councilmember Colin Councilmember Gamblin

Absent: Councilmember Bushey

Also Present: City Manager Nancy Mackie City Attorney Robert Epstein City Clerk Esther Beirne

OPEN SESSION - COUNCIL CHAMBERS

1. None.

MINUTES

CLOSED SESSION- CITY MANAGER'S CONFERENCE ROOM

2. None.

OPEN TIME FOR PUBLIC EXPRESSION - 7:00 PM

Rhonda Kutter, Chairman of Massage Ordinance Advisory Committee, thanked staff for approving a training with California Massage Therapy Council, and addressed Council regarding the Massage Ordinance.

Fritzi Schnell, Massage Therapist, addressed the Council regarding Massage Therapy in San Rafael.

CONSENT CALENDAR:

3. Consent Calendar Items:

Item 3.g removed from the Consent Calendar by Council member Colin for comment.

Councilmember McCullough moved and Councilmember Colin seconded to approve the remainder of the Consent Calendar Items:

a. Approval of Minutes of City Council I Successor Agency meetings of February 17 and March 2, 2015 (CC)

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CCSA Minutes February 17. 2015

CCSA Minutes March 2. 2015

APPROVED AS SUBMITTED

b. Reappointment of Lawrence "Larry" Luckham to a Four-Year Term on the San Rafael Fire Commission, to the End of March, 2019

Reappoint Fire Commissioner

LAWRENCE "LARRY" LUCKHAM REAPPOINTED TO FILL ONE, FOUR-YEAR TERM ON THE SAN RAFAEL FIRE COMMISSION TO EXPIRE THE END OF MARCH, 2019

c. Call for Applications to Fill Three Four-Year Terms on the Board of Library Trustees, Due . to Expiration of Terms of Melanie Leavitt Cantarutti, Sean Prendiville and Hanna Rodriguez-Farrar, with Terms to Expire End of April 2019 (Lib)

Call for Apps Board of Library Trustees

APPROVED STAFF RECOMMENDATION

d. Resolution Authorizing the City Manager to Execute a Professional Services Agreement in an Amount of $18,500 and not to Exceed $7,500 in Reimbursable Expenses with Peckham and McKenney, Inc. for Executive Recruitment for a Public Works Director (CM)

PSA PW Director Recruit

RESOLUTION NO. 13884 - RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT OF $18,500 AND NOT TO EXCEED $7,500 IN REIMBURSABLE EXPENSES WITH PECKHAM AND MCKENNEY, INC. FOR EXECUTIVE RECRUITMENT FOR A PUBLIC WORKS DIRECTOR

e. Resolution of Appreciation for Vera De Ferrari, Community Services, Employee of the Fourth Quarter of 2014 (CS)

RESOLUTION NO. 13885 - RESOLUTION OF APPRECIATION FOR VERA DE FERRARI, COMMUNITY SERVICES, EMPLOYEE OF THE FOURTH QUARTER OF 2014

f. Resolution Approving an Agreement with Marin Housing for the Administration of the Below Market Rate Homeownership Program for Fiscal Year 2015-2016 in an Amount Not to Exceed $80,000 (ED)

Below Market Rate FY 2015/2016

RESOLUTION NO. 13886 - RESOLUTION APPROVING AN AGREEMENT WITH MARIN HOUSING FOR THE ADMINISTRATION OF THE BELOW MARKET RATE HOMEOWNERSHIP PROGRAM FOR FISCAL YEAR 2015-16 IN AN AMOUNT NOT TO EXCEED $80,000

h. Resolution Authorizing Temporary Closure of Pt. San Pedro Road from Riviera Drive to Biscayne Drive for Marin County Marathon on Saturday, April 4, 2015, from 7:00 a.m. -12:00 Noon (ED)

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Marin County Marathon Street Closure

RESOLUTION NO. 13887 - RESOLUTION AUTHORIZING TEMPORARY CLOSURE OF PT. SAN PEDRO ROAD FROM RIVIERA DRIVE TO BISCAYNE DRIVE FOR MARIN COUNTY MARATHON SATURDAY, APRIL 4, 2015 FROM 7AM TO 12PM

i. Resolution Authorizing the Temporary Closure of City Streets, Fourth Street from Cijos Street to B Street, for the Seasonal Downtown Farmers' Market Festival on Thursday Evenings from April through September Each Year Starting April 2015 through September 2016 (ED)

Farmers' Market Street Closure

RESOLUTION NO. 13888 - RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF CITY STREETS, FOURTH STREET FROM CIJOS STREET TO B STREET, FOR THE SEASONAL DOWNTOWN FARMERS' MARKET FESTIVAL ON THURSDAY EVENINGS FROM APRIL THROUGH SEPTEMBER EACH YEAR STARTING APRIL 2015 THROUGH SEPTEMBER 2016

j. Resolution Approving a Fixed Term Fire Administrator Position (FD)

Approve Fire Administrator Position

RESOLUTION NO. 13889 - RESOLUTION APPROVING A FIXED TERM FIRE ADMINISTRATOR POSITION

k. Resolution Identifying the Terms and Conditions for Compensation of Fire Department Personnel Following a Response Away from the Official Duty Station and Assignment to an Out-of-County Emergency Incident (FD)

Compensation Out-ol-County Emergency Incidents

RESOLUTION NO. 13890 - RESOLUTION IDENTIFYING THE TERMS AND CONDITIONS FOR COMPENSATION OF FIRE DEPARTMENT PERSONNEL FOLLOWING A RESPONSE AWAY FROM THE OFFICIAL DUTY STATION AND ASSIGNMENT TO AN OUT-OF COUNTY EMERGENCY INCIDENT

I. Resolution Authorizing the Purchase of Three (3) Cardiac Monitor/Defibrillators Through a Cooperative Purchasing Agreement with Zoll Medical Corporation at a Price Not to Exceed $99,000 (FD)

Purchase 3 Delibrillators

RESOLUTION NO. 13891 - RESOLUTION AUTHORIZING THE PURCHASE OF THREE (3) CARDIAC MONITOR/DEFIBRILLATORS THROUGH A COOPERATIVE PURCHASING AGREEMENT WITH ZOLL MEDICAL CORPORATION, AT A PRICE NOT TO EXCEED $99,000

m. Resolution of Appreciation to Nader Mansourian, Public Works Director, Retiring after 29 Years of Service to the City of San Rafael (PW)

RESOLUTION NO. 13892 - RESOLUTION OF APPRECIATION TO NADER MANSOURIAN, PUBLIC WORKS DIRECTOR, RETIRING AFTER 29 YEARS OF SERVICES TO THE CITY OF SAN RAFAEL

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n. Accept Completion of the Third Floor HV AC Upgrade Project, City Project 11252, and Authorize the City Clerk to File the Notice of Completion (PW)

Third Flo HVAC Upgrade Completion

Approved staff recommendation

AYES: NOES: ABSENT:

Councilmembers: Colin, Gamblin, McCullough & Mayor Phillips Councilmembers: None Councilmembers: Bushey

The following item was removed from the Consent Calendar at the request of Council member Colin

!h Resolution Authorizing the Citv Manager to Enter Into a Professional Services Contract with St. Vincent de Paul Society for an Existing Reunification Program to Provide Transportation Assistance to Indigent Members of the Community in an Amount not to Exceed $5,000 (ED)

PSA St. Vincent de Paul for Transportation Assistance

Councilmember Colin

Mayor Phillips

Councilmember Colin moved and Councilmember McCullough seconded to adopt the Resolution

RESOLUTION NO. 13893 - RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH ST. VINCENT DE PAUL SOCIETY FOR AN EXISTING REUNIFICATION PROGRAM TO PROVIDE TRANSPORTATION ASSISTANCE TO INDIGENT MEMBERS OF THE COMMUNITY IN AN AMOUNT NOT TO EXCEED $5,000

AYES: NOES: ABSENT:


SPECIAL PRESENTATIONS:

4. Special Presentations:

!, Presentation of Resolution of Appreciation to Vera De Ferrari. Employee of the Quarter for the Fourth Quarter of 2014 (CS)

Mayor Phillips presented Resolution of Appreciation to Vera De Ferrari, Employee of the Fourth Quarter, 2014

Vera De Ferrari

b. Presentation of Resolution of Appreciation to Nader Mansourian. Retiring Public Works Director (PW)

Mayor Phillips presented the Resolution of Appreciation to Nader Mansourian

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Nader Mansourian

Councilmember McCullough

Councilmember Colin

Councilmember Gamblin

Mayor Phillips

OTHER AGENDA ITEMS:

5. Other Agenda Items:

a. Resolution Approving San Rafael's 3-Year Capital Improvement Program for Fiscal Years 2015/16 through 2017118 (PW)

CIP Report

CIP Report - Exhibit A

Nader Mansourian, Public Works Director, presented a portion of the staff report

Kevin McGowan, Assistant Public Works Director, introduced Leslie Blomquist

Leslie Blomquist, Associate Civil Engineer, presented the staff report relating to active projects

Kevin McGowan presented the staff report relating to the Capital Improvement Program

Nader Mansourian

Mayor Phillips

Mayor Phillips 1 Nader Mansourian

Mayor Phillips / Kevin McGowan

Mayor Phillips / Leslie Blomquist

Mayor Phillips

Nader Mansourian

Council member Colin / Nader Mansourian

Councilmember Gamblin / Nader Mansourian

Robert Epstein. City Attorney

Councilmember McCullough / Nader Mansourian

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Mayor Phillips

Mayor Phillips invited public comment

Diane McCracken

Kate Powers, San Rafael resident

Alisha Oloughlin, Marin County Bicycle Coalition

Mayor Phillips

Cindy Winter, Chair of Larkspur Bicycle and Pedestrian Advisory Group

Ross Bishop, Spinnaker Point Board of Directors

Jackie

Mayor Phillips closed public comment

Kevin McGowan

Mayor Phillips

Nancy Mackie

Mayor Phillips / Nader Mansourian

Mayor Phillips


Nader Mansourian

Councilmember Colin

Councilmember Colin / Kevin McGowan

Council member Gamblin / Nader Mansourian

Councilmember Colin / Nader Mansourian

Mayor Phillips

Councilmember Gamblin / Nader Mansourian

Mayor Phillips

Councilmember Colin / Kevin McGowan

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Councilmember Colin

Councilmember McCullough / Nader Mansourian

Nancy Mackie


Nader Mansourian

Mayor Phillips


Mayor Phillips

Nader Mansourian


Nancy Mackie

Councilmember McCullough moved and Councilmember Colin seconded to adopt the Resolution and request staff to return in 6 months with a recommendation for Bungalow Avenue.

RESOLUTION NO. 13894 - RESOLUTION APPROVING SAN RAFAEL'S 3-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2015/16 THROUGH 2017118.

AYES: NOES: ABSENT:


b. Re-Openinq of Boyd Park (CS)

Re-Opening Boyd Park

Carlene McCart, Community Services Director, presented the staff report

Mayor Phillips

Councilmember McCullough / Carlene McCart

Councilmember McCullough / Carlene McCart

Councilmember Colin! Carlene McCart

Nancy Mackie

Councilmember Gamblin / Carlene McCart

Nancy Mackie

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Carlene McCart

Mayor Phillips

Nader Mansourian

Mayor Phillips


Hugo Landecker

George Sandoval


Mayor Phillips

Carlene McCart


Carlene McCart

Mayor Phillips

Councilmember Colin moved and Councilmember McCullough seconded to accept the report confirming the short term funding suggested; however long-term, do additional work specifically around the restroom.

ACCEPTED REPORT

AYES: NOES: ABSENT:


£. Resolution Recommending Community Development Block Grant (CDBG) Project Funding for the Year 2015-2016 to the Marin County Board of Supervisors (ED)

CDBG 2015/2016

Tom Adams, Economic Development Specialist, presented the staff report


Carolyn Peadie, Executive Director, Fair Housing of Marin

Harmon Sarouko, Manager of Homeownership programs at Marin Housing

Brent Kush, Director of Finance of Lifehouse

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Nancy Mackie


Councilmember Gamblin moved and Councilmember McCullough seconded to adopt the Resolution

RESOLUTION NO. 13895 - RESOLUTION RECOMMENDING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT FUNDING FOR THE YEAR 2015-16 TO THE MARIN COUNTY BOARD OF SUPERVISORS

AYES: NOES: ABSENT:


d. City Council Direction Regarding Preferred Downtown SMART Station Design Color Selection (eM)

SMART Station Design Color Selection

Nancy Mackie, City Manager, presented the staff report

Councilmember Gamblin / Nancy Mackie

Councilmember Gamblin / Nancy Mackie

Mayor Phillips

Councilmember Gamblin / Mayor Phillips

Councilmember Colin


Mayor Phillips invited public commen!


Councilmember Colin moved and Councilmember McCullough seconded to approve selection of Terra Cotta as the preferred Downtown SMART Station Design Color

PROVIDED DIRECTION SELECTING TERRA COTTA AS THE PREFERRED DOWNTOWN SMART STATION DESIGN COLOR

AYES: NOES: ABSENT:


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~ Resolution Appointing James M. Schutz City Manager and Approving and Authorizing the Mayor to Execute an Employment Agreement to Take Effect August 1. 2015 (CM)

City Manager Appointment

Robert Epstein, City Attorney, presented the staff report

Mayor Phillips


Councilmember Colin



Jim Schutz. Assistant City Manager


Councilmember McCullough moved and Councilmember Colin seconded to adopt the Resolution

RESOLUTION NO. 13896 - RESOLUTION APPOINTING JAMES M. SCHUTZ CITY MANAGER AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT TO TAKE EFFECT AUGUST 1, 2015

AYES: NOES: ABSENT:


CITY MANAGER'S REPORT:

6. City Manager's Report

• Nancy Mackie commented on her sadness at leaving the City; however, she noted that she is leaving the City in the capable hands of Jim Schutz.

COUNCILMEMSER REPORTS I REQUESTS FOR FUTURE AGENDA ITEMS: (including AS 1234 Reports on Meetings and Conferences Attended at City Expense)

7. Councilmember Reports

• Councilmember McCullough reported that he attended an envisioning exercise regarding the new library and complimented Sarah Houghton, Library Director.

• Council member Colin reported that she attended a meeting with Safe Routes to School to discuss the role of liaisons, and to learn what other communities were doing regarding safe routes to school projects.

• Mayor Phillips announced that the State of the City Dinner is scheduled to take place on Thursday, March 19, 2015 at Peacock Gap Golf Course

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SAN RAFAEL SUCCESSOR AGENCY

8. Successor Agency - Consent Calendar - None

Mayor Phillips announced that earlier this evening Adrian Bartshire was appointed as the Advisory Member to the Marin County Hazardous and Solid Waste Management Joint Powers Authority Local Task Force.

ADJOURNMENT 9:38PM

ESTHER C. BEIRNE, City Clerk

APPROVED THIS __ DAY __ OF ___ , 2015

GARY 0. PHILLIPS, Mayor

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Agenda Item No: 3.c

Meeting Date: April 6, 2015

SAN RAFAEL CITY COUNCIL AGENDA REPORT

Department: City Manager

Prepared by: Nancy Mackie, City Manager

SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT OF $18,500 AND NOT TO EXCEED $7,500 IN REIMBURSABLE EXPENSES WITH PECKHAM AND MCKENNEY, INC. FOR EXECUTIVE RECRUITMENT FOR AN ASSISTANT CITY MANAGER

RECOMMENDATION: Staff recommends the City Council approve the proposed professional services . agreement with Peckham & McKenney, Inc. for the recruitment of an Assistant City Manager, and authorize the City Manager to enter into the agreement.

BACKGROUND: On January 16, 2015, after 18 years of service to the City of San Rafael, I announced my retirement, effective July 31, 2015. On March 16, 2015, the City Council adopted a resolution appointing now-Assistant City Manager Jim Schutz as my successor, effective August 1, 2015. Mr. Schutz has been Assistant City Manager in San Rafael for the past eight years, serving as Interim City Manager in 2010-11. .

The Assistant City Manager (ACM) position is a key management role that assists the City Manager in overseeing day-to-day operations, providing expert advice to the City Manager, City Council and staff. In San Rafael, the CM and ACM have divided up oversight roles in the organization. Over the past eight years, the ACM has had direct management oversight of the Department of Human Resources (including overseeing all negotiation and employee relations issues), Information Technology, Parking Services, the Office of Emergency Services, the Sustainability program, and other special projects.

An ACM-Ievel position is one that can function at the highest executive levels. For example, Mr. Schutz is the lead staff to the City Council's Pension/OPEB Subcommittee, works closely with the Facilities Subcommittee on managing the Measure E Essential Facilities projects, and works closely with the environmental community and the former Sustainability Subcommittee. Mr. Schutz also serves as strategic support to me on financial issues including budgeting and strategic planning. The ACM serves as the City Manager during his/her vacations, illnesses or travel out of town, including as the Emergency Operations Center Director in the event of an emergency when the City Manager is absent.

ANALYSIS: Recruitments for Assistant City Managers can be highly competitive with other municipalities and, like most other management level positions, require very high-level candidates. Executive search processes generally take four months to complete successfully. Final candidate negotiations and possible relocation needs could make the entire process last up to six months.

FOR CITY CLERK ONLY

File No.: ____________ _

Council Meeting: ________ _

Disposition: __________ _

SAN RAFAEL CITY COUNCIL AGENDA REPORT I Page: 2

Peckham & McKenney, Inc. brings over 32 years of experience in local government and executive search, including conducting successful recruitments in San Rafael for the Assistant City Manager in 2006 and Police Chief in 2011. The recruitment will be led by Ms. Bobbi Peckham who is familiar with our organization and community. The scope includes the following key actions:

1. Project Organization & Development of Candidate Profile. Ms. Peckham will meet with the City Manager, Assistant City Manager, and Human Resources Director to discuss the recruitment process, listen to specific desires and expectations, discuss expected parameters of the search, the search timeline, and schedule future meeting dates. This phase provides for discussion of the desired background and experience, leadership style and personality traits, skills and abilities of the ideal candidate will be discussed.

2. Recruitment. The recruitment process includes advertisements in industry publications and websites, a brochure mailed to industry professionals, and direct phone calls to quality potential candidates.

3. Preliminary Interviews. As resumes are received, supplemental questionnaires will be sent to candidates who appear to meet the candidate profile. Ms: Peckham will conduct preliminary interviews with those individuals most closely matching the candidate profile.

4. Recommendation of Finalists. Ms. Peckham will provide the City Manager and Assistant City Manager with a recommendation of finalists, assist them in the selection of finalists, and notify all candidates of their status.

5. Final InterviewslSelection. Finalists will be interviewed by an interview panel and ultimately by the City Manager and Assistant City Manager. Ms. Peckham will provide on-site advice, facilitation assistance, interview materials, and suggested questions. In addition, Ms. Peckham will provide assistance in coming to consensus on the leading finalists and provide recommendations for this process.

6. Qualification. Once the final candidate is selected by the City Manager and Assistant City Manager, Peckham & McKenney will verify professional work experience; degree verification; and criminal; civil, credit, and motor vehicle records.

Further details of Peckham & McKenney's scope are available in Attachment 1.

FISCAL IMPACT: The cost of this agreement for all tasks outlined in Attachment 1 is $18,500, plus up to $7,500 of reimbursable expenses. There are sufficient funds in the general fund operating budget to support this contract.

OPTIONS: 1. Adopt the Resolution approving a professional services agreement with Peckham and

McKenney 2. Request changes to the Peckham & McKenney agreement 3. Direct staff to perform recruitment in-house

ACTION REQUIRED: Adopt Resolution

ATTACHMENTS: A. Professional Services Agreement

RESOLUTION NO.

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT OF $18,500 AND NOT TO EXCEED $7,500 IN REIMBURSABLE EXPENSES WITH PECKHAM AND MCKENNEY, INC. FOR EXECUTIVE RECRUITMENT FOR AN ASSISTANT CITY MANAGER

WHEREAS, after 18 years of service to the City of San Rafael, City Manager Nancy Mackie announced her retirement, effective July 31,2015; and

WHEREAS, on March 16, 2015 the City Council adopted Resolution Number 13896 appointing now-Assistant City Manager Jim Schutz as Ms. Mackie's successor, effective August 1, 2015 which will leave a vacancy in the position of Assistant City Manager; and

WHEREAS, recruitments for Assistant City Managers can be highly competitive with other municipalities and, like most other management level positions, require very high-level candidates;

WHEREAS, the City desires expert services for the promotion, recruitment and selection process associated with this key executive position;

WHEREAS, Peckham & McKenney, Inc. brings over 32 years of experience in local government and executive search, including conducting the successful recruitments in San Rafael of the Assistant City Manager in 2006 and Police Chief in 2011 .

. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of San Rafael hereby authorizes the City Manager to execute a professional services agreement in an amount of $18,500 and not to exceed $7,500 in reimbursable expenses with Peckham & McKenney, Inc. for executive recruitment for an Assistant City Manager, in a form approved by the City Attorney.

I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 6th day of April 2015, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:


AGREEMENT FOR PROFESSIONAL SERVICES FOR EXECUTIVE RECRUITMENT SERVICES

FOR ASSISTANT CITY MANAGER

This Agreement is made and entered into this 6th day of April, 2015, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and PECKHAM & McKENNEY, INC. (hereinafter "CONTRACTOR").

RECITALS

WHEREAS, after 18 years of service to the City of San Rafael, City Manager Nancy Mackle armonnced her retirement, effective July 31, 2015; and

WHEREAS, on March 16, 2015 the City Conncil adopted Resolution Number 13896 appointing , now-Assistant City Manager Jim Schutz as Ms. MackIe's successor, effective August 1,2015 which will

leave a vacancy in the position of Assistant City Manager; and

WHEREAS, the City desires expert services for the promotion, recruitment and selection process associated with this key executive position; and

WHEREAS, Peckham & McKenney, Inc. brings over 32 years of experience in local govermnent and executive search, including conducting the successful recruitments in San Rafael of the Assistant City Manager in 2006 and Police Chief in 2011.

AGREEMENT

NOW, THEREFORE, the parties hereby agree as follows:

1. PROJECT COORDINATION.

A. CITY'S Project Manager. The City Manager is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement.

B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Bobbi Peckham is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notity the CITY within ten (10) business days of the substitution.

2. DUTIES OF CONTRACTOR.

CONTRACTOR shall perform the duties and/or provide services as described in Exhibit"l" attached and incorporated herein.

ATTACHMENT A

3. DUTIES OF CITY.

CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as described in Exhibit "1" attached and incorporated herein.

4. COMPENSATION.

For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as described in Exhibit "1" attached and incorporated herein, in a total amount not to exceed $26,000.00 including reimbursement of expenses.

Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR.

5. TERM OF AGREEMENT.

The term of this Agreement shall be for (6) months commencing on April 6, 2015 and ending on October 6, 2015. Upon mutual agreement of the parties, and subject to the approval of the City Manager the term of this Agreement may be extended for an additional period of (6) months.

6. TERMINATION.

A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party.

B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period.

C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. Unless CITY terminates for cause related to CONTRACTOR'S performance of services or compensation payable hereunder, upon termination CONTRACTOR shall be paid for all services rendered prior to termination.

D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination.

7. OWNERSHIP OF DOCUMENTS.

The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement.

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8. INSPECTION AND AUDIT.

Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection.

9. ASSIGNABILITY.

The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

10. INSURANCE.

A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies:

1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage.

2. An automobile liability (owned, non-owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence.

3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of two million dollars ($2,000,000) per occurrence/four million dollars ($4,000,000) aggregate, to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section.

4. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. CONTRACTOR'S worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY.

B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR in subparagraph A of this section above shall also meet the following requirements:

1. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies.

, 2. The additional insured coverage under CONTRACTOR'S insurance policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in

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CONTRACTOR'S policies shall be at least as broad as ISO form CG20 01 04 13.

3. Except for professional liability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury.

4. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to the PROJECT MANAGER.

5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years.

6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement.

7. 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 noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or selfinsurance shall be called upon to protect it as a named insured.

8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and 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 greater.

C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses.

D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney.

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11. INDEMNIFICATION.

A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest extent pennitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S perfonnance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S perfonnance of or operations under this Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims.

B. Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be perfonned by a design professional as that term is defined under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent pennitted by law, indemnify, release, defend and hold hannless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the perfonnance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY.

C. The defense and indemnification 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, and shall survive the tennination or completion of this Agreement for the full period of time allowed by law.

12. NONDISCRIMINATION.

CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the perfonnance of its duties and obligations under this Agreement.

13. COMPLIANCE WITH ALL LAWS.

CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the perfonnance of its duties and obligations under this Agreement. CONTRACTOR shall perfonn all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations.

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14. NO THIRD PARTY BENEFICIARIES.

CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, nuder the tenns and conditions of this Agreement, to the other party.

15. NOTICES.

All notices and other communications required or permitted to be given nuder this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows:

TO CITY's Project Manager:

TO CONTRACTOR's Project Director:

16. INDEPENDENT CONTRACTOR.

Nancy MackIe City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560

Bobbi Peckham Project Director Peckham & McKenney, Inc. 300 Harding Boulevard Roseville, CA 95678

For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY.

17. ENTIRE AGREEMENT -- AMENDMENTS.

A. The tenns and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subj ect matter of this Agreement.

B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY.

C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement.

D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.

E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and 6

conditions of the attached exhibits or the documents expressly incorporated by reference, the tenns and conditions of this Agreement shall control.

18. SET-OFF AGAINST DEBTS.

CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts.

19. WAIVERS.

The waiver by either party of any breach or violation of any tenn, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other tenn, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other tenn, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, perfonnance, or other consideration which may become due or· owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any tenn, condition, covenant of this Agreement or any applicable law, ordinance or regulation.

20. COSTS AND ATTORNEY'S FEES.

The prevailing party in any action brought to enforce the tenns and conditions of this Agreement, or arising out of the perfonnance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action.

21. CITY BUSINESS LICENSE / OlliER TAXES.

CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work perfonned under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Fonn W-9 (Request for Taxpayer Identification Number and Certification).

22. APPLICABLE LAW.

The laws of the State of California shall govern this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written.

CITY OF SAN RAFAEL CONTRACTOR

By: .-------------------------NANCY MACKLE, City Manager

Name: -----------------------

Title: ______________________ _ 7

ATTEST:


APPROVED AS TO FORM:

ROBERT F. EPSTEIN, City Attorney

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March 18,2015

Mr. Jim Schutz, City Manager City of San Rafael via [email protected]

Dear Mr. Schutz:

PECKHAM ~ -

MCKENNEY EXECUTIVE SEARCH AND CONSULTING

Congratulations on your appointment as San Rafael City Manager, and thank you for the opportunity to express our interest in once again assisting the City of San Rafael in the recruitment of the next Assistant City Manager. As you know, we assisted the city in the same recruitment in 2006, resulting in your placement. In addition, we conducted the Police Chief recruitment process for the city in 2011. With this in mind, we are familiar with the organization and community thereby allowing us to market the position to potential candidates.

Bringing over 32 years of experience in local government and executive search as well as significant personal experience in conducting City Manager and Assistant City Manager searches, I would serve as the city's Recruiter. Currently, we are conducting a City Manager search for the City of Arroyo Grande, Assistant City Manager for Escondido, and have just begun a search for Foster City's Assistant City Manager. We have also conducted Assistant City Manager searches within the past five years for the cities of San Pablo, Carlsbad, San Clemente, Daly City, Fremont, Hayward, Pacifica, Palo Alto, and Tracy.

The following proposal provides detailed information of my firm's qualifications, the search process and schedule, professional fees and expenses, and client references. Please feel free to call me tollfree at (866) 912-1919 or by cell at (916) 730-2014 if you have any questions or need additional information.

Sincerely,

Bobbi

Bobbi C. Peckham, President Peckham & McKenney, Inc.

attachment

EXHIBIT 1

TABLE OF CONTENTS

STATEMENT OF EXPERIENCE 1

ASSIGNED PERSONNEL 2

METHODOLOGY 4

PROPOSED TIMELINE 6

CLIENT REFERENCES 7

PLACEMENT GUARANTEE AND ETIllCS 8

PROFESSIONAL FEES AND EXPENSES 9

PECKHAM & McKENNEY - EXECUTIVE SEARCHES 10

EXHIBIT 1

STATEMENT OF EXPERIENCE

Peckham & McKenney provides Executive Search services to local government agencies throughout the Western United States and is headquartered io Roseville, California. The fmn was established as a partnership io June 2004 and iocorporated io 2014 by Bobbi Peckham and Phil McKenney, who serve as the firm's Recruiters and bring over 50 years' experience in local government and executive search. We are supported by an Office Manager, research specialists, marketiog and design professional, web technician, and distribution staff. Ms. Peckham serves as the fmn's President, and Phil McKenney serves as the Chief Operatiog Officer and Secretary/Treasurer. Either of the firm's principals may be reached toll free at (866) 912-1919.

Peckham & McKenney was established on the premise that an executive search and consultiog firm must be dedicated to providiog its clients and candidates with professional service, as well as a personal, hands-on approach. Our busioess philosophy centers upon the understandiog that this is a "people" related iodustry and that attention to others' needs is the key to providiog effective customer service. Not only are we committed to providing our clients with well-qualified candidates, but we also take pride io treatiog both our clients and candidates with utmost respect. TIris commitment has lead to multi-year retainer agreements with a number of agencies, as well as numerous client and candidate testimonials to their experiences with us. We iovite you to visit our web site at www.PeckhamAndMcKenney.com.

At Peckham & McKenney, we are committed to local government and sensitive to the challenges and issues faced by our clients. As such, we participate io the Cal-ICMA Preparing the Next Generation Committee and also serve as the Admioistrator for the Credentialed Government Leader program for the Municipal Management Associations of Northern & Southern California. In addition, we have provided workshops and traioiog sessions in Califoruia and Colorado to up-and-comers on resume and ioterview preparation and general career guidance.

City Manager/Assistant City Manager Recruitment Experience (2010 - Present) Briogiog over 50 years' combined experience io local government and executive search, we have conducted hundreds of searches for City Managers, Assistant City Managers, County Admioistrators, City Attorneys, and other Council- and Board-appoioted positions throughout the Western United States. Withio the past five years, we placed a total of 42 City Managers and Assistant City Managers with Califoruia cities. Of those 42 individuals placed, only 4 have left for other career opportunities.

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ASSIGNED PERSONNEL

Robbi C. Peckham Bobbi Peckham has one of the strongest reputations throughout the West Coast as a leading local government Recruiter with over 30 years of experience in local government and executive search. She is frequently sought out and retained due to her high ethics, integrity, hands-on customer service, and unique ability to identify candidates that "fit" her client agencies and communities. Ms. Peckham is currently conducting the City Manager search for the City of Arroyo Grande and an Assistant City Manager search for the City of Escondido. She will be supported by the Peckham & McKenney team of professionals. Individual profiles follow.

Ms. Peckham began her career in local government with the City of Naperville, IL, where she became familiar with all aspects of local government. Ms. Peckham was then recruited to join the Executive Search practice of a leading California recruitment firm. Later, she played an integral role in creating a national search business for what became the largest recruitment practice serving local government in the country. Here, she became Regional Director overseeing Northern California and a niue-state region.

In 2004, Ms. Peckham formed her own search firm in partnership with Phil McKenney. Ms. Peckham has personally conducted hundreds of national searches throughout the Western United States. She has extensive experience working with City Councils, Executive Boards, and local government administrators, listening to and understanding their needs in executive level placements.

Ms. Peckham received a Bachelor of Science degree in Organizational Behavior from the University of San Francisco. She is a contributing member of the International City/County Management Association, Cal-ICMA, Women Leading Government, and Municipal Management Associations of Northern & Southern California. Ms. Peckham serves on the Planning Committee for the annual Women's Leadership Summit, at which she coordinates and leads the highly regarded Executive. Roundtable Discussions with over 30 female local government leaders. In addition, Ms. Peckham was instrumental in writing the ICMA's Job Hunting Handbook.

Phil McKenney Phil McKenney has over 35 years' management experience and is very familiar with local government agencies, having led a county organization and having worked with numerous city governments and special districts. Mr. McKenney began his career in the resort and hospitality industry and served as General Manager for Mattakesett Properties on the island of Martha's Vineyard. He then relocated to Keystone Resort in Colorado, which is now acknowledged as a premiere all-season resort with special recognition for its level of guest services. Mr. McKeriney later took over the hehn of the Summit County Chamber of Commerce as their Executive Director. This hybridChamber was the only countywide organization responsible for marketing all of Summit County, Colorado, home to Breckenridge, Keystone, and Copper Mountain resorts. Through his leadership and collaborative style, and working with the cities and county within Surnmit County, he led the Chamber to being a readily recognized and wellrespected organization within Colorado and the Western United States.

Mr. McKenney was then selected by Placer County, California to lead the merger ofthe North Lake Tahoe Chamber of Commerce and the North Tahoe Visitors and Convention Bureau into the North Lake Tahoe Resort Association. As Executive Director of this new county organization, he represented the Tourism industry for all of North Lake Tahoe. The Resort Association is now a proactive, nationally recognized organization whose model of governance is being replicated in numerous resort communities across the western United States.

Mr. McKenney joined Ms. Peckham in executive recruitment in January 2003 and has since conducted hundreds of national recruitments throughout the Western states, including Colorado, Arizona, Idaho, Wyoming, Oregon, and California. Mr. McKenney has an undergraduate degree in Recreation from Slippery Rock State College as well as a Master of Business Administration from the University of Denver.

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Joyce Johnson Joyce Johnson joined Peckham & McKenney in 2005 and serves as the fIrm's Office Manager. Ms. Johnson is complimented regularly on her strong customer orientation working with both clients and candidates alike. She oversees internal administration of the fIrm as well as directing contract administrative support in the areas of advertising and design, web posting, and duplication and mailing services. Prior to joining Peckham & McKenney, Ms. Johnson oversaw internal administration in the Western Region headquarters of two national management consulting and executive recruitment fIrms. She has over 30 years' experience in the fIeld of administrative and executive support for all aspects of the executive recruitment process. Ms. Johnson holds an Associate of Arts degree from American River College.

Cathy West-Packard Cathy has provided her design and marketing skills to Peckham & McKenney recruiters even before the fIrm's formation. She is the fIrm's "go-to" professional for all advertising and brochure design and creation.

Rehecca Bach Rebecca joined Peckham & McKenney in 2012 and currently serves in the areas of social media, administrative support, research, and special projects. Rebecca has served in a number of administrative roles for agencies within the United States as well as in New Zealand, where she served as office manager for a non-profIt organization. Rebecca has 10 years' experience working with both the everyday tasks that it takes to run an office as well as overseeing the financial departments of several companies/organizations.

Kevin Johnson Kevin has been a member of the team since 2009 and currently serves as a Research Assistant. He supports the fIrm's Recruiters through his research of local government agencies and networks, potential candidates, and current candidates prior to recommendation to our clients. Kevin mastered his researching abilities while obtaining a Bachelor of Arts in Economics from Willamette University.

Bradley Frank The newest member of the Peckham & McKenney team, Bradley holds the official title of Technology Guru as he expertly oversees the firm's web site as well as responding to all technology questions from the firm's principals. He is currently studying Material Sciences & Engineering at the University of California, Merced.

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METHODOLOGY

While it is our intent to customize the search and project schedule to fit the City's specific needs, the search process typically includes the following key actions. Projected time frames have been included within our Proposed Timeline.

Project Organization & Development of Candidate Profile (on-site #1) - Prior to beginoing the recruitment process, Ms. Peckham will meet with the City Manager in order to discuss the recruitment process, listen to specific desires and expectations, and respond to any questions or concerns. We will discuss expected parameters of the search, the search timeline, and schedule future meeting dates. This phase also provides for discussion of the detailed Candidate Profile. The desired background and experience, leadership style and personality traits, skills and abilities of the ideal candidate will be discussed. We will also discuss expectations, goals, and objectives that will lead to the success of the new Assistant City Manager.

Recruitment - Advertisements will be placed in the appropriate industry publications and websites, and our firm will assume responsibility for presenting your opportunity in an accurate and professional mauner. Full infonnation on the position will be posted on our f!TIll's web site as well as the City's site. In addition, an attractive brochure will be prepared to market the organization and position to potential candidates. This brochure will be mailed to 300-400 industry professionals, and it will also be available on our firm's web site. Copies of the brochure will also be made available to the City.

The main focus of our outreach, however, will be direct phone contact with quality potential candidates. With nearly 30 years of executive search experience, we have developed an extensive candidate database that is continuously utilized and updated. Our recruiting efforts will focus on direct and aggressive recruiting of individuals within the search parameters established during the Candidate ProfIle Development phase. We believe direct recruiting produces the most qualified candidates.

Throughout this active search process, we will regularly notifY the City Manager of the status and share questions, concerns, and conunents received from potential candidates as they consider the opportunity. By doing so, we will "team" with the City to ensure that all issues and concems of candidates are discussed and understood thereby eliminating "surprises" once the resume filing deadline has occurred.

As resumes are received, they will be promptly acknowledged, and we will personally respond to all inquities. Once the resume filing deadline has passed, the City will be once again updated on the status of the recruitment, the number of resumes received, and our intent for preliminary interviews.

Preliminary Interviews - As resumes are received, supplemental questionnaires will be sent to candidates who appear to meet the candidate profIle. Following the resume fIling deadline and a thorough review of the resumes and questionnaires received, Ms. Peckham will conduct preliminary interviews with those individuals most closely matching the candidate profIle. An Internet search will be conducted as well as preliminary reference and background (credit and criminal) checks.

Recommendation of Finalists (on-site #2) - A written recommendation of fmalists will be personally presented to the City Manager by Ms. Peckham in a one- to two-hour meeting. The City will receive a full listing of all candidates who applied for the position, as well as the cover letters, resumes, and supplemental questionnaires of the recommended group of candidates for further consideration.

Once a group of finalists has been selected by the City Manager, all candidates will be notified of their status. We will prepare a finalist interview schedule and notifY fmalist candidates accordingly. If necessary, fmalists will make their own travel plans and reservations. It is customary that the City reimburse finalists for round-trip airfare, car rental, and

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lodging necessary to attend the interviews with the City. We will confirm this with the City at our meeting to recommend fmalists.

Final InterviewslSelection <on-site #3 and #4. if necessary) - During this phase, finalists will be interviewed by an interview panel andlor the City Manager. Ms. Peckham will provide on-site advice and facilitation assistance during the fmal interview process. Interview materials, including suggested interview questions, evaluation and ranking sheets will be provided for the City's convenience.

An orientation session will be held with those involved prior to the fmalist interviews, and we will work with the City Manager and other panels through a ranking process and discussion of the fmalists at the end of the day. Ms. Peckham will assist the City Manager in coming to consensus on the leading two to three finalists for further consideration, and we will provide recommendations on next steps, including additional meetings or social engagements with each finalist to learn more of the "fit" they may bring. In the past, our clients have chosen to conduct subsequent interviews, roundtahle discussions, or meals with these finalists. Ms. Peckham will provide the City Manager with recommendations and options for this process.

Qualification - Once the fmal candidate has been selected by the City Manager, our firm will verifY professional work experience; degree verification; and criminal, civil, credit, and motor vehicle records (beyond industry

.standard seven years). Second "tier" references will also be contacted. This comprehensive process ensures that only the most thoroughly screened candidate is hired. In addition, negotiation assistance will be provided as requested by the City.

Our ultimate goal is to exceed your expectations and successfully place a candidate who "fits" your organization's and community's needs now and into the future.

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PROPOSED TIMELINE

This sample schedule anticipates a 14-week process. In today's competitive recruiting enviromnent, our goal is to make the process as efficient and effective as possible.

ACTIVITY TIME FRAME

I. Project Organization & Development of Candidate Profile Two Weeks • Meeting with City Manager to discuss recruitment process & candidate profile • Fonnalize project schedule • Develop advertising and recruiting plan

III. Recruitment Six Weeks • Advertise, network, and electronically post in appropriate venues • Send marketing brochure to 300-400 industry professionals • Post opportunity on firm's web site as well as City's site • Search for/identifY/recruit individuals within the parameters of the Candidate Profile • Respond to all inquiries and aclmowledge all resumes received

IV. Preliminary InterviewslRecommendation Three Weeks • Review candidates' resumes and supplemental questionnaires • Conduct preliminary interviews with leading candidates • Conduct Internet research, first-tier reference checks, and credit/criminal checks • Present written recommendation of finalists to the City Manager • Notify all candidates of search status

V. Final Interviews/Selection Two Weeks • Schedule finalist candidate interviews • Design process and facilitate fmalist interviews with City • Assist City throughout process and provide recommendations • City Manager selects candidate or leading 2-3 candidates for further consideration • City conducts second interview process.

VI. Qualification One Week • Conduct thorough background checks and second '"tier" references on leading candidate • Negotiation assistance • Exceed expectations and successfully place candidate who "fits."

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CLIENT REFERENCES

Please feel free to contact any of the following current and recent clients to inquire about their experience with Bobbi Peckham. In addition, we would be pleased to fumish the client contact and· phone numbers for any past clients of Ms. Peckham or Mr. McKenney listed in the Attachment.

City of Auburn, CA - City Manager (2014) Bridget Powers, Mayor; Keith Nesbitt, Vice Mayor; or Tim Rundel, City Manager (530) 823-4211; [email protected]

City of Brentwood, CA - City Manager (2015) Steve Salomon, Interim City Manager (925) 516-5440; [email protected]

City of Burbank, CA - City Manager (2013) Emily Gabel-Luddy, Council member; or Mark Scott, City Manager (213) 280-5784; [email protected]

City of Piedmont, CA - City Administrator (2013) Margaret Fujioka, Mayor; or Paul Benoit, City Administrator (510) 463-7821; [email protected] (510) 420-3042; [email protected]

City of San Clemente, CA - City Manager (2014), Assistant City Manager (2013), and Community Development Director (current search)

Sam Penrod, Human Resources Manager (949) 361-8321; [email protected]

City of Santa Clara, CA - City Manager (2013) Jamie Matthews, Mayor; Julio Fuentes, City Manager (408) 482-7713; [email protected]

City of Tracy, CA - City Manager (2014) and AssistantCity Manager

Brent Ives, former Mayor, (209) 740-6779; Troy Brown, City Manager, (925) 321-5531 Maria Hurtado, Assistant City Manager, (209) 831-6112; [email protected]

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PLACEMENT GUARANTEE AND ETHICS

Our placement record is particularly strong in that 87% of the candidates we have placed since 2009 continue in those positions today. In the unlikely event, however, that a candidate recruited and recommended by our fIrm leaves your employment for any reason within the first year (except in the event of budgetary cutbacks, promotion, or position elimination), we agree to provide a one-time replacement at no additional charge, except expenses.

Time and again, we receive unsolicited comments from clients and candidates relating to our integrity and high ethics.

• First, we believe in honesty. No client should ever appoint an individual without being fully knowledgeable of the candidate's complete background and history. Conversely, no candidate should ever enter into a new career opportunity without full disclosure of any organizational "issues."

• We strive to keep everyone involved in a recruitment process informed of the status. Not only do we provide regular updates to our clients, but we also have a reputation for keeping our candidates posted, even to the extent of informing them as to who was eventually selected.

• As recruitment professionals, we do not recruit our placements -- ever. Should a placement of ours have an interest in a position for which we are recruiting, they may choose to apply. However, if they become a fInalist, we ask that they speak to their supervisor (Council member or Manager) to alert them oftheir intent.

• We do not recruit staff from our clients for another recruitment during an active engagement. Nor do we "parallel process" a candidate, thereby pitting one client against another for the same candidate.

• We are retained only by client agencies and not by our candidates. While we have a reputation for being actively involved in the profession and providing training, workshops, and general advice to candidates, we represent only our clients. In addition, we always represent and speak of our client in a positive manner; during the recruitment engagement as well as years after.

• We do not misrepresent our client list. Only those searches that we personally conducted appear on our list; rather than those conducted by other Recruiters while with other executive search fmns.

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PROFESSIONAL FEE AND EXPENSES

Professional Fee Our professional fee for to conduct this recruitment is $18,500. One-third of this fee is due as a retainer upon execution of the agreement. The remainder of the fee will be divided and billed in two separate, monthly invoices.

Expenses Estimated out-of-pocket costs associated with this search will not exceed $7,500. Expenses will be pre-approved and billed back at cost. Expenses include out-of-pocket costs associated with consultant travel, advertising, telephone/technology, administrative support/printingjcopyingjpostage/materials, and background checks (partial checks on recommended candidates; full background check on selected candidate). Additional expenses incurred due to requested additional meetings as well as full background checks on more than one candidate will be negotiated and billed accordingly.

Insurance Peckham & McKenney carries Professional Liability Insurance ($1,000,000 limit), Commercial General Liability Insurance ($2,000,000 General Liability, and $4,000,000 Products) and Automobile Liability Insurance ($1,000,000). Our Insurance Broker is Wells Fargo Insurance, Inc., Charlotte, NC, and our coverage is provided by Sentinel Insurance Company and The Hartford.

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PECKHAM & McKENNEY - EXECUTIVE SEARCHES

City/County Manager, Executive Director. and Related

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Agenda Item No: 3.d



Department: Community ServiCes

Prepared by: Carlene McCart, Director ~ City Manager ApprovalJ'l NLtci.il

SUBJECT: Authorization for Purchase of Replacement Fumishings for San Rafael Community Center

RECOMMENDATION: Approve Resolution to Authorize Purchase of Replacement Furnishings for the San Rafael Community Center from AAA Business Interiors.

BACKGROUND: The tables, chairs and furnishings at the San Rafael Cornmunity Center were last purchased in 1997. This equipment services all events, classes, programs, performances, seminars and meetings at the Comrnunity Center and is sorely in need of replacement as much of the inventory is failing, damaged and/or worn. The window treatments necessary for light and climate control in the building pre dates 1997. The Measure A 2014-15 Workplan includes the purchase of recreation equipment for the Community Centers, along with park improvements, maintenance; open space and WUI fire reduction projects.

ANALYSIS: Working with the City's consultant Paula Stabler, staff was able to identify furniture product lines and models that meet the functions of the Cornmunity Center allowing for flexibility, durability and that match current storage capacity.

These products are priced under a government purchase contract that satisfies City bid requirements. The Distributor, AAA Business Interiors of Santa Rosa has a TCPN (The Cooperative Purchasing Network) Contract, R4982, with a Smart Quote Code. The Contract "is available for use and benefit for all entities that must comply with State procurement laws and regulations: public and private schools, colleges and universities, cities, counties, non-profits and all governmental entities." The TCPN Contract Information packet is attached as Exhibit A.

The City Attorney's office has determined the TCPN contract satisfies City purchasing process, under San Rafael Municipal Code 2.55.260 Cooperative PurchaSing Programs as it relates to competitive bid.

The purchase requires a 50% deposit, and a Purchase Order.

FOR CITY CLERK ONLY

File No.: ____________ _

Council Meeting: ______ --'---__


SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2

FISCAL IMPACT: Furniture purchase order, attached as Exhibit B includes assembly chairs, assembly tables, meeting room chairs and conference tables, and storage carts. The total cost of this order is $53,835.23.

$110,000 of FY 2014-15 The Measure A Fund are allocated for Community Center Refurbishment .Additional purchases of window treatments, media equipment and lobby furnishings will be made on separate purchase transactions, from this fund.

OPTIONS:

1. Approve Resolution to Authorize Purchase of Replacement Furnishings for the San Rafael Community Center from AAA Business Interiors.

2. Reject authorization

ACTION REQUIRED: Approve Resolution to Authorize Purchase of Replacement Furnishings for the San Rafael Community Center from AAA Business Interiors.

ATTACHMENTS:

Exhibit A TCPN Contract Information Exhibit B AAA Business Interiors Quote March 29,2015

CITY OF SAN RAFAEL RESOLUTION NO. ____ _

A RESOLUTION TO AUTHORIZE PURCHASE OF REPLACEMENT FURNISHINGS FOR San Rafael COMMUNITY CENTER FROM AAA BUSINESS INTERIORS

THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:

WHEREAS, the City owns real property and improvements known as San Rafael Community Center; and

WHEREAS, the City has a need to replace interior furnishings in the Center that date back to 1997; and

WHEREAS, AAA Business Interiors of Santa Rosa distributes the brand and model of chairs, tables, and conference equipment deemed the most appropriate for service in the San Rafael Community Center; and

WHEREAS, AAA Business Interiors of Santa Rosa has issued a quote dated March 29, 2015, for purchase of the selected furnishings,

WHEREAS, AAA Business Interiors of Santa Rosa holds a contract with TCPN, The Cooperative Purchase Network; and

WHEREAS, San Rafael Municipal Code 2.55.260 allows for purchases through cooperative purchase contracts such as TCPN;

NOW THEREFORE BE IT RESOLVED the City Council of the City of San Rafael Authorizes the Purchase of Replacement Furnishings for San Rafael Community Center from AAA Business Interiors.

I, Esther Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on Monday, the 6th day of April, 2015.




Esther C. Beirne, City Clerk

TCPN Contract Information

Contract II R4982 Smart Quote Code: 9288 Agency Direct

9295 Dealer Direct Contract Expiration Date: April 30, 2015

Eligible End Users

Exhibit A

• This contract is available for use and benefit for all entities that must comply with State procurement laws and regulations: public and private schools, colleges and universities, cities, counties, non-profits, and all governmental entities.

o Eligible End Users should sign up to become a TePN approved member by filling out the on-line registration at: http://tcpn.org/Pages!MemberSignUpPage.aspx .

o There is no cost to the End User to sign up to become a TePN member. o In most cases, End Users will receive an email from TePN indicating their approval status

within the same day. In rare instances, this process may take up to three days to complete.

• Ifthere are questions regarding end user eligibility, please have the entity sign up to become, a member of TePN.

o For all other questions regarding End User eligibility please contact our HON Government Customer Service Team.

Eligible Products

• All HON and basyx branded products offered in HON's January 1, 2014 list Pricer. • New products added to the contract will be announced via a HON Marketing Blast; until the

HON Marketing Blast has been sent new products cannot be quoted as a contract item. We highly recommend using Smart Quote as it will reflect applicable contraCt discounts for all products that are approved on contract.

Non-Contract Items

• Items not approved on contract cannot be quoted or represented as a contract sale; noncontract items will not be accepted on an order.

Product Modification Program - "Specials"

• Specials are approved on contract with the following limitations: o The special must be a modification to an already approved base model accepted onthls

contract. If a base model is not approved on this contract, then it is not eligible forthis program and shall not be quoted or ordered.

o list pricing is determined on a case-by-case basis; all requests should be sent to the HON Tailored Solutions Team, information can be found at the following link:

https:l!honready.hon.com!DesignResources{TailoredSolutions{Pages!Tailored%20Solutions.aspx o Approved specials will receive discounts consistent with the base model discounts

already approved on contract. o Please contact our Government Customer Service Team for further questions regarding

specials.

Discounting

• See attached discount m·atrix. • This contract is eligible for bid pricing, certain rules and restrictions may apply. Please contact

the HON Bid Department for additional information. • for priCing related questions, please contact the HON Government Customer Service Team.

List Pricer in Effect

• The HON January 1, 2014 list Pricer is in effect for this contract. • PriCing updates will be announced via a HON Marketing Blast. Until the HON MarketingBla$t

has been sent, quotes must be issued using current list pricer in effect for the contract. . • for all other pricing related questions, please contact the HON Government Customer Servl~e

. Team.

HON Terms for Freight/Delivery

-------

• All orders must be delivered and installed within 60 days. • All orders are FOB Destination, freight paid by The HON Company to one destination. Applicable

drop ship limitations apply.

Ordering Information·

• On orders issued direct to The HaN Company from the End User,the following rules must be adhered to:

a Orders MUST be made out to The HaN Company c/o Servicing Dealer. a Orders MUST reflect the correct contract pricing. Orders with incorrect pricing will be

sent back to the dealer who will correspond directly with the End User for approprl.te modifications ..

o Orders MUST include the contract number - R4982. o Orders MUST be sent to HaN's Government Customer Service team by the fol/owing

methods: • Email: [email protected] • Fax: 800-833-3902 • EDI: Please contact Customer Service for full details

• On orders Issued direct to the authorized HaN Servicing Dealer. Orders must adhere to the following rules:

a The End User purchase orderto the dealer must reference HaN's contract numberR4982.

o The purchase order from the dealerto HaN must reference HaN's contract numberR4982.

o The dealer must provide a copy of the End Users purchase orderto HaN. a End user pricing must match HaN's stated contract pricing. The dealer is not authorized

to change discounting or net pricing to the customer Without written authorization from The HaN Company.

a There Is no need forthe dealer to place design or Install amounts on their purchase order to HaN.

• State of New Mexico and Arizona: Orders for the State of Arizona and New Mexico must be placed directly with the dealer. Authorized Dealers will be solely liable for the reporting and payment of all sales or general excise taxes, If any, to the State of Arizona or New Mexico.

Credit Cards

• Credit card orders for End Users shall follow the guidelines listed below: o Credit cards are accepted from the End User with no additional discount/fee. o Orders using a credit card shall include the name, signature, and phone number of the

cardholder; all orders must be in writing, no verbal orders are accepted. • Dealers can find a link to the credit card form at:

https:Uhonready.hon. com/Documentstorage/Documents/GSA Purchase Order Form .pdf

• Credit card orders placed directly from the dealer to HaN must adhere to HaN's dealer credit card policy.

Payment (Remit To) Information for HON

The HON Company PO Box 404422 Atlanta, GA 30384-4422

EFT Information: Bank of America Routing Number: 111000012 Account Number 37562-76567 If additional information is needed, please contact [email protected]

Cancellation

• Canceliation of an order prior to production may be at no charge. After production, cost incurred may be applicable. please contact our HON Government Customer Support Team for information regarding canceliatlons. '

Restocking Policy

• Returns will not be accepted without written authorization or Issuance of a valid return authorization by The HON Company. Agencies shall pay and bear responsibility for returns. Returned product will be subject to a 25% restocking charge In addition to the cost of return freight. Please contact our HON Government Customer Support ream for Information regarding returns.

Hon. TCPN con~~t ~982 __ Effective through AprU 3D, 2015

Systems & Vertical & Lateral Tables, Metal Desking & Computer

Support, Veneer & Laminate Tier Total Order at List Peds_ Files/Storage -_, ,_", __ ."cr_"",","!?'!~~~~~,_,_~. ___ ._

basyx Branded Seating ~ & Tables '. Tier HeN Branded Seating

"~-"'~-'''~'$')"'':'$~124:g99

2 $125,000 and above

-----,~"-"'-""~, "',," .... -,,--,~ 69.3% 71_3%

58.7% 68.3%

Tables Metal Desking & Computer Support. Veneerllaminate Casegoods:

56,7%

61.7% 56.7% 61.7%

.. --. '---""'''''''~'-58.7%

61.7%

10500 Series, 10700 Series, 94000 Series, Laminate Bookcases, Voi, Announce, Arrive, Veneer Bookcases, Park Avenue Veneer, Pennsylvania Avenue Activity Tables, Arrive Tables, Hospitality Tables, Huddle Tables, Occasional Tables (laminate and veneer). Park Avenue, Pennsylvania Avenue Tables Preside Tables, F23B, Park. Avenue laminate, Vafido, ViCinIty. 34000 Series, 38000 Series, Mentor, Metro, 66000 Ser1es, Adjustable Height Training Tables Essen~al Foundations, Ublity Tables, Flock '

Systems & Peds.:

Accelerate System, Initiate System, Abound System. Verse Panel System, Brigade Pedestals, Embark Pedestal and Flagship Pedestals

HON Branded Seating:

2

Convera Lounge, Invitation Lounge, Perpetual, Riley, Versant, 7700 Series, 7800 Series, Boda, 4030 Series, 4040 Series, Stackaways, Ceres, ComfortTask, convergence Adjustable TasklLab Stools, Folding Chairs, Gamut, Ignition, Laurus, Lota;Nuc!eus, Pagoda, Perpetual Nesting, Pitlow-Soft, Proficiency, Puipose, Pyramid, Sensible Seating, Solutions, Unanimous, Volt 5720, 2300 Series, 2400 Series, 2900 Series, 6540 Series, 6550 Series, cambia, Park Avenue, Allure, Flock. Purpose. Motivate

Vertical & Lateral Files!Storage:

Total Order at List Education

$0 - $24,999 """"=~'56~7%~'-'

$25,000 and above 56,?%-

F22, F23C, F24, Lateral Ales, Metal Bookcases, Metal Overfiles, Shelf Files, Vertical Files, Audio Visual Carts, Desk Towers, End Towerwith Bookcase, File Towers, Storage Cabinets, Personal Storage, Voi

Education: Accompijsh, Proficiency, SmartUnk, Enable

An basyx Branded Seating & Tables

Updated: 1..15.2014

..A.AA.. * SHOWROOM * 1849 Piner Road

Santa Rosa, CA 95403 • AAA BUSINESS INTERIORS' .............. Formally ... Advent Office Furniture

Showroom Open Tuesday-Thursday 10:00am - 2:00pm

8illTo:

San Rafael Community Services

Carlene McCart

618 B Street San Rafael CA 94901

Item Qty. Product

1 30 R72NLW

2 4 RTCHB

3 1 FREIGHT

Ship To:

SAME ....

MFP Folding Table Hexalite Round 72dx29h

Select Top Finish

Select Frame Finish

Select Edge Finish

.IHEX

.P

.P

elr: BeIge or Grey ABS Plastic

elr: Brown or Black

Edge: Brown or Black

MFP Table Caddy Round 8-Cap 31.25wx61Ix40.25h

Select Frame Finish .P CIr: Black

Freight quoted ...

Exhibit B

Date: 3/29/2015

Rep: Darvin Goodrum [email protected] 707-575-8200 x1321 707-579-9554 Fax

Sell Price Unit Extended

$398.66 $11,959.80

$348.00 $1,392.00

$975.00 $975.00

4 1 LABOR Labor to receive all products, deliver, assemble as needed and set in place. 2 Orders, HON TCPN & MID TABLES ...

$2,350.00 $2,350.00

Above quote subject to applicable sales tax. ListTotal:

Total:

$23,610.00

$16,676.80 If you would like to release this quote, please send this form back with your sIgnature. Please be sure to verify that all stock numbers, sizes, finishes and quantities are correct. Once your order has been placed, it is non-cancelable and non-returnable. Delivery and installation quotes are based on non-union labor during normal business hours. Transfer and/or storage charges will be immediately billable. Your quote expires in 30 days unless otherwise noted. 500/. Deposit may be required_

Approved By _____________ ,Date, _______ _

Print Name, _______________ PO# if Required ____ _

P:\Furniture\Customer Files\Darvin Goodrum\Customers\C\City of San Rafael\San Rafael Community Center\Tables&Chairs-1O-8-14.sD4

Page 1 of 1

~ • AAA BUSINESS INTERIORS...........

·1849 Piner Road Santa Rosa, CA 95403

formerly Advent Office Furniture

Bil/To:

San Rafael Community Services

Carlene McCart

618 B Street

San Rafael CA 94901

Item Qty. Product

1 100 H4041

2 10 H4043

3 9 HIWM2

Ship To:

SAME ....

Olson Stacker 4040 Series Polymer Seat&Back 4-per crnt Select Shell Color .MB COLOR: Mulberry

Select Frame Color .Y FRAME: Chrome

Olson Stacker 4040 cart for Stacking 4041 Chrs(Blk Only) Frame Options .T FRAME: BLACK

Ignition Wk Mid-bck Pneu Tilt TenSynch tilt Bck Ht Adj Select Arm Type .A Arm: Height and Width Adj

Select Caster Option .H CASTER: Hard

Select Back .M Back: Mesh Back

Select Upholstery $(3) GRADE: III UPHOLSTERY

Upholstery Selection .NT UPH: Tectonic

UPH: Tectonic 69 COLOR: Wine

Select Frame Color .T FRAME: Black

Select Base .SB Base: Standard Black

4 6 HMT3072G Huddle 30x72 Table Top w/Edgeband Select Grommet .N No Grommets

Select Laminate .HART LAM: Harbor Teak

Select Edge COlor .K Edge: Platinum

S 6 HMBFLIP30L Huddle Flip Top Base for 30x60 & 30x72 Tops Select Caster .C Casters

Select Paint Grade $(CHOICE) Paint Grade: Choice Paint

Select Base Color .n PAINT: Platium

6 6 HMAMODP72 Modesty Panel for 72" Length Table Tops Select Paint Grade $(CHOICE) PaInt Grade: Choice Paint

Select Paint Color .n PAINT: Platinum

7 16 HIGS6 Ignition Guest/Multi-Purpose Chair Four-Leg Stacking S~lect Arm Type .F Arm: Fixed

Select Caster/Glide Option .A All Surface Gaster

Select Back .M Back: Mesh

Select Upholstery $(4) GRADE: IV UPHOLSTERY

Upholstery Selection .DOT Uph: Dotty

P:\Furnlture\Customer Files\Darvin Goodrum\Customers\C\City of San Rafael\San Rafael Community Center\ Tables&Chairs#2w 11 w 19~ 14.so4

Date: 3/29/2015

Rep: DalVin Goodrum [email protected] 707-575-8200 x1321 707-579-9554 Fax

Sell Price

Unit Extended

$264.13 $26,413.00

$184.03 $1,840.30

$301.37 $2,712.33

$171.90 $1,031.40

$248.54 $1,491.24

$101.32 $607.92

$191.39 $3,062.24

Page 1 of 2

Item Qty. Product

8 1 FREIGHT

DOtty Fabric Selection

Select Frame Color

26

.BLCK

Uph: Mosaic

Textured Black

Freight included.... Lead Time 4-5 weeks. Labor to be provided on

Above quote subject to applicable sales tax.

Make Purchase order out to ... HON % AM Business Interiors 200 Oak Street Muscatine, IA 52761 TCPN - Contract R4982

Send copy to". Darvin Goodrum @ email: [email protected] fax: 707-579-9554

Ship to: AM Business Interiors 1915 Mark Court Concord, CA 94520

Sell Price Unit Extended

$0.00 $0.00

Total: $37,158.43

If you would like to release this quote, please send this form back with your signature. Please be sure to verify that all stock numbers, sizes, finishes and quantities are correct. Once your order has been placed, it is non-cancelable and non-returnable. Delivery and installation quotes are based on non-union labor during normal business hours. Transfer and/or storage charges will be immediately billable. Your quote expires in 30 days unless otherwise noted.

Approved By _________________________ ,Dam, ______________ __

Print Name; ____________________________ PO# if Required ________ _

P:\Furniture\Customer Files\Darvin Goodrum\Customers\C\City of San Rafael\San Rafael Community CenlEr\ Ta~les&Chairs#2-11-19-14, ,04

Page 2 of 2

C/TYCF ~ ~~ J Agenda Item No: 3.e U./iMl · \ 7J U<..~r_'7 ...... Meeting Date: April 6, 2015


Department: Library

Prepared by: Sarah Houghton, Library Director City Manager ApprovaiIJ ~

SUBJECT: RESOLUTION AMENDING THE MASTER FEE SCHEDULE FOR LIBRARY SRVICES, RELATED TO CHILDREN'S BOOK AND OTHER FINES, AND ESTABLISHING A CLEAN SLATE POLICY FOR MINORS.

RECOMMENDATION: Staff recommends that the City Council accept the report and adopt the resolution to:

• Amend the Library' Services portion of the Master Fee Schedule to discontinue charging overdue fines on children's materials, and discontinue charging minors a $1.00 replacement fee for youth library cards

• Adopt a policy in regards to delinquencies of youth cards to allow for a "clean slate policy" for youth establishing a library card by forgiving SRPL fines and overdue materials

BACKGROUND: The San Rafael Public Library engaged in a community-based strategic planning process in 2012 to guide library services to San Rafael through 2017. Two of the five primary goals were to:

• Provide collections and services that provide value to our community. • Perform forward-thinking marketing and outreach in the community.

To align current San Rafael Public Library practices with the identified strategic goals, as well as to make a targeted effort to increase equity of access to library services for youth in San Rafael, the following policies need revising:

• Amend the Master Fee Schedule to eliminate fines on youth materials. o Item 07.01 in the Master Fee Schedule currently reads "Children's Book Fines: $0.10 per

book per day / $2.00 per book maximum" and will be changed to read "Children's Book Fines: no fines."

o Item 07.01 in the Master Fee Schedule currently reads "Children's DVDs and Blu-Ray Fines: $0.25 per item per day" and will be changed to read "Children's VideoslDVDs Fines: No fines"

o Item 07.01 in the Master Fee Schedule currently reads "Children's Compact Discs, Books on CD, and Magazine Fines: $0.10 per item per day, $2.00 per item maximum" and will be changed to read "Children's Compact Discs, Books on CD, and Magazine Fines: no fines."

o Item 07.01 in the Master Fee Schedule currently reads "Netbook Fines: $1.00 per item per hour, $10.00 per item maximum" and will be changed to read: "Netbook Fines: no fines."

FOR CITY CLERK ONLY

File No.: ____________ _

Council Meeting: _________ _

Disposition: ___________ _

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 • Amend the Master Fee Schedule to eliminate the $1 .00 charge to replace a youth library card.

Item 07.04.30 in the Master Fee Schedule currently reads "Replacement library card: $1.00 per card" and will be changed to read "Replacement library card: $1.00 per card for adults and no charge for youth."

• The Director of the San Rafael Public library or his or her designee can waive any or all existing San Rafael Public library fines and charges for minors who have amassed fines and charges for overdue or lost materials. This waiver exists for any and all San Rafael Public library fines and fees on a youth card.

ANALYSIS: These changes to fines and fees will eliminate barriers that prevent use of the library by youth in our city. These changes will give the library a stronger foundation to improve collaboration with local education partners and parents by giving broader access to the vast array of educational resources available from the San Rafael Public library. In particular, these changes will improve equity of access to educational opportunities for all residents. Additionally, the national trend of eliminating youth fines has been found to not adversely affect the return of library materials, but instead to increase the use of the library by children and their parents.

The accumulation of fines from overdue materials often leads to youth no longer using the library. Eliminating the fines on youth materials will eliminate that barrier to continued use of the library.

It is common for youth to have both overdue fines and owe for materials not returned. This situation has kept many youth under 18 from using the library for years and it continues to be a barrier to their use. These fines and fees have also moved them to collection procedures which can have many negative consequences. Waiving these charges will assist in getting library cards into the hands of youth in our partnerships with schools and community organizations.

San Rafael Public Library will still require that children's materials are returned to the library. If materials are not returned they will be charged for these materials and prevented from future use until items are returned or paid for. The "Clean Slate Policy" is designed to give children a second chance to responsibly borrow and return library materials. It is not designed to give them the ability to never return materials. The policy will be used to issue and reissue library cards to youth in San Rafael.

FISCAL IMPACT: The library will see a small reduction in revenue from fines and fees, estimated at $8,000. The positive outcomes of serving the disadvantaged and underserved youth in our community that need our services will be far more valuable than the decrease in revenue.

COMMUNITY OUTREACH: So far, no community outreach has been done on this issue. If the resolution is adopted, the library will let begin letting youth know about the policy changes at our various points of service. We will also embark upon a hybrid digital and print media campaign to inform San Rafael residents, schools, teachers, and community partners of the changes.

OPTIONS: Staff recommends option 1. 1. Accept the report and adopt the resolution 2. Reject the report and reject the resolution

ACTION REQUIRED: Accept the report and adopt the resolution

Encls. Resolution Amending the Master Fee Schedule Relating to Children's Book and Other Fines, and Establishing a Clean Slate Policy for Minors.

RESOLUTION NO. __ _

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING THE MASTER FEE SCHEDULE FOR LIBRARY SERVICES, RELATED TO CHILDREN'S BOOK AND OTHER FINES, AND ESTABLISHING A CLEAN SLATE POLICY FOR MINORS.

WHEREAS, the City Council previously adopted an amended Master Fee Schedule in

2014 which established and revised fees for various City departments that are reasonable and

reflect the cost of providing the indicated services, and;

WHEREAS, the City Council seeks to revise those fees and procedures in order to

improve the educational attainment and access for youth in San Rafael;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL

DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Amendment to Fee Schedule

The portions of Section 07.01.20 and Section 07.04.30 of the Master Fee Schedule set forth below are hereby amended to read as follows:

07.01.20

07.04.30

CHILDREN'S BOOK FINES

CHILDEN'S DVD AND BLU-RA Y FINES

CHILDREN'S CD, BOOK ON CD, AND MAGAZINE FINES

NETBOOK FINES

REPLACEMENT LIBRARY CARD

NO FINES

NO FINES

NO FINES

NO FINES

$1.00 PER CARD FOR ADULT AND NO CHARGE FOR MINOR

Section 2. Clean Slate Policy

The Director of the San Rafael Public Library or his or her designee can waive any or all existing San Rafael Public Library fines and charges for minors who have amassed fines and charges for overdue or lost materials. This waiver exists for any and all San Rafael Public Library fines and fees on a youth card.

Section 3. Repeal

Resolutions and other prior actions of the City Council in conflict with the contents of this Resolution are hereby repealed.

Section 4. Severability

If any portion of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions and other portions shall remain in full force and effect. The City Council declares that it would have adopted this Resolution and each section thereof irrespective of the validity of any other section or portion.

Section 5. Effective Date

This Resolution, including the fees and charges provided herein, shall become effective immediately.

Section 6. California Environmental Quality Act

The adoption of this Resolution, including the fees and charges provided herein, is statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21 080(b )(8, as the establishment and modification of charges by a public agency to meet operating expenses.

I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing

Resolution was duly and regularly introduced and adopted at a regular meeting of the City

Council of said City held on Monday, the 6 day of April, 2015 by the following vote, to wit:





Agenda Item No: 3. f



Department: Finance

Prepared by: Mark Moses ~ Finance Director

City Manager APprovalYl~

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH VA VRINEK, TRINE, DAY & CO, LLP FOR ACCOUNTING AND FINANCIAL REPORTING RELATED SERVICES

RECOMMENDATION: ADOPT RESOLUTION

BACKGROUND: The City's Finance Department has two authorized professional accounting staff: one Senior Accountant and one Accountant III!. These two positions are responsible for reviewing and generating entries to the City's accounting system, maintaining the integrity of the City's 42 funds, generating financial and audit reports, including the City's Comprehensive Aunual Financial Report and State Controller's Reports. These two positions also double as budget support to departments, assisting them with budget development, as well as with the monitoring of their resources throughout the year. The Senior Accountant is the central point person for the City's annual financial audit, single audit (federal grants), and technical accounting support.

After seven years with the City, the Senior Accountant resigned in early February in order to accept a management position in another city. The remaining accountant is planning to retire later in the calendar year. On March 2, 2015, the City closed a recruitment effort for these two positions. The recruitment for Senior Accountant yielded one qualified candidate who did not accept the City's employment offer. The selection process for the Accountant IIlI is still active and its final outcome is uncertain.

The purpose ofthis proposed contract is to establish a resource that will assist the City in managing through the transition of 100% of its core, professional accounting staff in a period of less than a year.

Staff discussed the Finance Department's staffing situation with the City Council Finance Committee at its meeting of March 12, 2015.

FOR CITY CLERK ONLY File No.: ____ -,-_______ _

Council Meeting: ________ _



ANALYSIS: In order to maintain continuity through the turnover of accounting staff, the Finance Department management considered a number of potential resources, including retired finance and accounting professionals, as well as firms that specialize in temporary accounting and finance staff placements. Due to the strong emphasis of the vacant Senior Accountant position on technical compliance with accounting rules (GASB and GAAP) and the implementation of the ProSystems financial reporting software (acquired in JuIy 2014 to assist the City with internal production of its financial statements) and GASB 68 (the new accounting pronouncement governing the reporting of pension liabilities and expenses), the City staff initiated a short-term trial engagement with Vavrinek, Trine, Day & Co., (VTD) in January 2015. VTD is a well-established, regional government accounting firm with offices throughout California. The City successfully engaged with VTD in 2006 to backfill several daily, weekly and monthly accounting tasks that had been performed by an accountant who had been promoted to another position.

The City's annual audit schedule includes an interim financial audit in early April and several important preliminary year-end close activities that take place in May and June. The City continues to use a senior accountant level consultant assigned from VTD two days per week to ensure that critical tasks are completed on time.

The precise role to that VTD will play after successful hiring of the two accounting positions will depend upon the background, experience and aptitude of those who eventually assume these roles and responsibilities. At a minimum, VTD will assist with orienting and training the new staff on the City's accounting procedures and systems. To the extent that either or both of these positions are not filled in a timely manner, VTD will fill the staffing gap throughout the development and production of the City's audited financial statements and other required annual reports.

FISCAL IMPACT: The proposed contract with VTD has a limit of $60,000. This amount is intended to cover the City's professional accounting and financial reporting needs through December 31, 2015.

There are sufficient resources appropriated in the General Fund for these services, due to the accounting staff vacancy for which this contract is designed to backfill critical professional services.

RECOMMENDATION: Adopt Resolution.

ATTACHMENTS

Resolution Agreement for Professional Services with Vavrinek, Trine, Day & Co., LLP

RESOLUTION NO. __ _

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH VA VRINEK, TRINE, DAY & CO. FOR ACCOUNTING AND

FINANCIAL REPORTING SERVICES

WHEREAS, the City of San Rafael's finance department has two authorized professional staff who provide the central accounting and financial reporting function for the City; and

WHEREAS, the senior accountant position has been vacant since February 9, 2015 and attempts since that time to fill the position have been unsuccessful; and

WHEREAS, the City of San Rafael's Finance Department has previous, positive experience with and results from the use of professional, accounting staff from the firm Vavrinek, Trine, Day & Co. when staffing gaps existed in past years; and

WHEREAS, staff has used the services ofVavrinek, Trine, Day & Co. on a limited basis since January 2015, in anticipation of the senior accountant vacancy, and recommends continued use of these services.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES AS FOLLOWS:

The City Council of the City of San Rafael hereby approves and authorizes the City Manager to execute an Agreement between the City of San Rafael and Vavrinek,· Trine, Day & Co. for accounting and financial reporting services with a not-to-exceed amount of $60,000, including expenses, in a form approved by the City Attorney's Office and effective upon contract execution.

I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 6th day of April, 2015, by the following vote to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:


AGREEMENT FOR PROFESSIONAL SERVICES

FOR ACCOUNTING AND FINANCIAL REPORTING SERVICES

1bis Agreement is made and entered into this __ day of April, 2015, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and VAVRINEK, TRINE, DAY & CO, LLP (hereinafter "CONTRACTOR").

1. PROJECT COORDINATION.

A. CITY'S Project Manager. The Finance Director is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement.

B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Joe Aguilar is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notifY the CITY within ten (10) business days of the substitution.

2. DUTIES OF CONTRACTOR.

CONTRACTOR shall perform the duties and/or provide services as described in the attached Exhibit A.

3. DUTIES OF CITY.

CITY shall cooperate with the CONTRACTOR in its performance under this agreement, and pay the compensation as provided in Paragraph 4.

4. COMPENSATION.

For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR, pursuant to the schedule of CONTRACTOR'S fees which is included in attached Exhibit A, an amount not to exceed $60,000, including expenses.

Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR.

5. TERM OF AGREEMENT.

The term of this Agreement shall be from the date of execution through December 31, 2015 . . Upon written agreement of the PROJECT MANAGER and PROJECT DIRECTOR, the term of this Agreement can be extended for an additional period of up to the earlier of 90 days, or when the not-to-exceed limit of this contract is reached.

Rev. Date: 3/17/\5

6. TERMINATION.

A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party.

B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period.

C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent ofthe other.

D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's· documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination.

7. OWNERSHIP OF DOCUMENTS.

The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement.

8. INSPECTION AND AUDIT.

Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection.

9. ASSIGNABILITY.

The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

10. INSURANCE.

A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies:

1. A commercial general liability insurance policy in the minimum amount of

2

one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage.

2. An automobile liability (owned, non-owned, aud hired vehicles) insurauce policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence.

3. If auy licensed professional performs auy of the services required to be performed under this Agreement, a professional liability insurauce policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover auy claims arising out of the CONTRACTOR's performauce of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurauce pursuaut to this section.

4. If it employs auy person, CONTRACTOR shall maintain worker's compensation aud employer's liability insurauce, as required by the State Labor Code aud other applicable laws aud regulations, aud as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers aud employees. CONTRACTOR'S worker's compensation insurauce shall be specifically endorsed to waive auy right of subrogation against CITY.

B. Other Insurauce Requirements. The insurauce coverage required of the CONTRACTOR III subparagraph A of this section above shall also meet the following requirements:

1. Except for professional liability insurauce, the insurauce policies shall be specifically endorsed to include the CITY, its officers, agents, employees, aud volunteers, as additionally named insureds under the policies.

2. The additional insured coverage under CONTRACTOR'S insurauce policies shall be primary with respect to auy insurauce or coverage maintained by CITY aud shall not call upon CITY's insurauce or self-insurauce coverage for auy contribution. The "primary aud

noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form CG20 01 04 13.

3. Except for professional liability insurauce, the insurauce policies shall include, in their text or by endorsement, coverage for contractual liability aud personal injury.

4. The insurauce policies shall be specifically endorsed to provide that the insurance carrier shall not caucel, terminate or otherwise modify the terms aud conditions of said insurauce policies except upon ten (10) days written notice to the PROJECT MANAGER.

5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurauce coverage shall survive for a period of not less thau five years.

3

6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement.

7. 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 noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured.

8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and 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 greater.

C. Deductibies and SIR's. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment oflosses and related investigations, claims administration, attorney's fees and defense expenses.

D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney.

II. INDEMNIFICATION.

A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR's

4

obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to. any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims.

B. Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY.

C. The defense and indemnification 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, and shall survive the termination or completion of this Agreement for the full period of time allowed by law.

12. NONDISCRIMINATION.

CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement.

13. COMPLIANCE WITH ALL LAWS.

CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, filles and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations.

5

14. NO THIRD PARTY BENEFICIARIES.

CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party.

15, NOTICES.

All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as ofthe date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows:

TO CITY's Project Manager:

TO CONTRACTOR's Project Director:

16. INDEPENDENT CONTRACTOR.

Mark Moses, Finance Director City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560

Joe Aguilar Vavrinek, Trine, Day & Co., LLP 2151 River Plaza Drive, Suite 308 Sacramento, CA 95833

For the purposes, and ,for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY.

17. ENTIRE AGREEMENT -- AMENDMENTS.

A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement.

B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY.

C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement.

6

D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.

E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control.

18. SET-OFF AGAINST DEBTS.

CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts.

19. WAIVERS.

The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation.

20. COSTS AND ATTORNEY'S FEES.

The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action.

21. CITY BUSINESS LICENSE / OTHER TAXES.

CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification).

22. APPLICABLE LAW.

The laws of the State of California shall govern this Agreement.

7

IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year fIrst above written.

CITY OF SAN RAFAEL CONTRACTOR

By: __________ _ NANCY MACKLE, City Manager

Name: __________ _

Title:. __________ _

ATTEST:


APPROVED AS TO FORM:

ROBERT F. EPSTEIN, City Attorney

8

March 30, 2015

Attn: Mark Moses City of San Rafael 1400 Fifth Avenue San Rafael, CA 94915

Vavrinek, Trine, Day & Co., llP Certified Public Accountants

Re: Financial and Accounting Services

Dear Mark:

This engagement letter is to update our agreement for non-audit services with the City of San Rafael (the "City"). The standards to which Vavrinek Trine Day & Co., LLP ("VTD") will conform are intended to maintain objectivity and independence for both audit work and for non-audit work with government audit clients.

The standard for non-audit services for government audit clients is based on two overarching principles: I

• Auditors (VTD) should not perform management functions or make management decisions; and • Auditors (VTD) should not audit their own work or provide non-audit services in situations where

the amounts or services involved are significant I material to the subject matter of the audit.

Based upon these principles, VTD will not be considered to be independent for the purposes of performing attest work (auditing) for the City covering fiscal years 2014-15.

OBJECTIVE OF ENGAGEMENT

The firm of Vavrinek Trine Day & Co., LLP is available to assist you with financial consulting and accounting services covering your accounting records. Our firm is ready to begin work on this project whenever your City is ready to commence.

SCOPE OF WORK

Specific services to be provided follow. • Assist in preparing for interim audit work • Assist City in preparing quarterly closings and preparing quarterly financials • Assist City in preparing government-wide updates and adjustments • Assist City in drafting note disclosures for annual financial statements • Assist City in populating financial information for fiscal year ending June 2015 • Assist City in developing variance reports for analytical review at year end • Work with City staff in segregating output reports between its regular accounting software

(EDEN) and its report writer software (ProSystems) • Assist the City in preparing note disclosures on pensions and other reporting changes mandated

byGASB68 • Assist with federal, state and local financial reporting. • Assist in drafting financial statements and preparing reconciling adjustments.

2151 River Plaza Drive, SUite 308 Sacramento, CA 95833 Tel: 916,570.1880 Fax: 916.570.-1875 www.vtdcpa.com

FRESNO. LAGUNA HillS. PALO ALTO • PLEASANTON • RANCHO CUCAMONGA. RIVERSIDE SACRAMENTO

Exhibit A

• We will provide accounting assistance in closing the City's books each month. • Assist the City in analyzing various balance sheet accounts, expenses and revenues.

CLIENT RESPONSmILITIES

The work will be non-audit services as defined by Governmental Auditing Standards issued by the Comptroller General of the United States. Our work will not constitute an audit or review of transactions and should not be relied upon as such. The City is responsible for the appropriate recording and reporting of financial transactions and management decisions. Accordingly, all work will be conducted at your direction, the direction of the Director of Finance, to insure that the work meets the City's objectives. The Director of Finance will be responsible for reviewing and accepting any work product directly prepared by VTD, including any adjustments to the accounting records that may be proposed by VTD, or reports drafted by VTD during the engagement.

Governmental Auditing Standards require that the City be responsible for the substantive outcomes of VTD work and be in a position in fact and appearance to make an informed judgment on the results of the non-audit services and that the City of San Rafael:

• Designate a knowledge management level individual to. be responsible and accountable for overseeing the non-audit services

• Establishes and monitors the performance of the non-audit services to ensure that it meets management's objectives.

• Makes any decisions that involve management functions related to the non-audit services and accepts full responsibility for such decisions.

• Evaluates the adequacy of the services performed and any findings that result.

STAFFING

Vavrinek, Trine, Day & Co., LLP has owners that are not licensed as certified public accountants as permitted under Section 5079 of the California Business and Professions Code. It is not anticipated that any of the non-licensee owners will be performing audit services for the agency.

FEES

We estimate a price of $60,000 unless otherwise agreed to by the City in writing. Invoices will be submitted monthly and are due upon receipt. Hourly rates are effective through December 31, 2015.

VTn Staff Partner· Manager Accounting Supervisor Senior Accountant (Nick Rosas) Staff Accountant (Phuong Nguyen)

TERMINATION OF ENGAGEMENT

Hourly Rate $190 $160 $130 $95 $80

The engagement may be terminated by either party without cause.

INDEPENDENT CONTRACTOR

We are an. independent contractor as defined by Federal and State taxing authorities.

INSURANCE

We maintain current worker compensation and liability insurance policies.

If this letter correctly sets forth your understanding of the terms and objectives of the engagement, please so indicate by signing in the space provided below.

Agreed to by:

}rt0- Signature: _____________ _

Joseph Aguilar Print Name, _____________ _

Of Vavrinek Trine Day & Co., LLP Of City of San Rafael

Date: __________ _ Date: _____________ _

Agenda Item No: 3.g



City Manager ApprovaJ7 ~ Department: Public Works

Prepared by: -,-JL_;kC--:,.",_._"~_"t_C~_" _!_l_I-,,(~_ili,_' "" •. "-___ _ Actin Public Works Director

File No.: 08.02.245

SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL INCREASING THE CONTINGENCY FOR THE H STREET ROADWAY IMPROVEMENT PROJECT, CITY PROJECT NO. 11206.

RECOMMENDATION: Staffrecornmends that the City Council adopt the resolution increasing the contingency assigned to the H Street Roadway Improvement Project in the amount of $140,000.

BACKGROUND: The H Street Roadway Improvel)1ent Project, City Project No. 11206, involves the removal and replacement of the failing corrugated metal pipe drainage system on H Street from Forbes Avenue to Fifth Avenue. The project also includes the relocation of the existing San Rafael Sanitation District sewer main, installation of curb ramps and resurfacing of the roadway.

Prior to starting this project, the Department of Public Works notified Pacific Gas and Electric (PG&E) of the project and requested relocation of their facilities, which are in conflict with the project. The City worked closely with PG&E and postponed this project in order for PG&E to perform testing oftheir gas main which runs along the east side ofH Street. Due to previous meetings and correspondence, staff assumed that all PG&E facilities had been relocated and were not in conflict with the proposed project infrastructure.

On July 21,2014, the San Rafael City Council awarded the construction contract for the H Street Roadway Improvement Project to Ghilotti Construction Company. Initial construction associated with the installation of the sewer main system commenced on August 17,2014.

Following construction initiation, crews discovered that PG&E's 10 inch gas main had not been relocated as originally anticipated and was in conflict with the proposed storm drain system. The Department of Public Works notified PG&E of this conflict and proceeded with the initial phase of the project, which involved installation of the new sanitary system. After this notification, PG&E informed the City that a 10 inch gas main is considered a significant facility, the relocation of which would be very difficult within the time allotted for this project. Public Works then developed an alternative plan that would simultaneously bypass PG&E's gas main and allow for the connection of the City's storm drain system.

In November, 2014, the project was halted due to inclement weather and the fact that PG&E had not relocated their service lines which, along with the gas main, are in conflict with the proposed work.

FOR CITY CLERK ONLY

File No.: _____________ _

Council Meeting: __________ _



On March 26,2015, the Department of Public Works received a payment from PG&E for the relocation of the stonn drain system.

ANALYSIS: The contractor is now ready to recommence work on this project. In order to proceed, a change order to relocate the drainage system is required. The cost of this change order exceeds the initial project budget. It is recommended that the City Council approve the increase in the contingency to allow this project to move forward.

FISCAL IMPACT: Additional contingency funding is available in the Gas Tax Fund, #206.

This project is supported by the following revenue sources:

REVENUE projectFun.dingS()urces .' ....... ". . '. .••• ........ •...... ... ' . .. ·Amoun.t ·······.L .. ··•·•·.·· .. ·•

Fund #206 (Gas Tax) $1,428,542 Pacific Gas & Electric Company Contribution $80,000 Additional Allocation - Fund #206 (Gas Tax) $60,000 SRSD Estimated Allocation $682,625 Total Available Funds $2,251,167

The remaining project expenses include construction by Ghilotti Construction Company.

EXPENSES catel!;()ty/.EdeJ1.E.xp~n.seC!lde ·····1··. " AllJ.ouI1f· J.. .•••••• ,< .................. Charges Already Incurred Design and Consultation-O I $30,061 Design-CSW Stuber Stroeh

Reproduction of Plans and Specifications Supplies & Services-07 $1,000 (Estimated) Subtotal $31,061

Remaininl!; E.xpenses Construction-02 $1,167,381 Base Bid Contract Amount - City Portion

$609,525 Base Bid Contract Amount - SRSD $140,100 Original Contingency Allocation - City $140,000 Additional Contingency Allocation - City

$73,100 Contingency - SRSD Construction Management $80,000 Estimated Amount (Park Engineering) Testing Services . $10,000 Estimated Amount (Testing Engineers) Subtotal $2,220,106 Total Project Cost $2,251,167

The cost of construction management and the testing services will be divided between SRSD and the City per the bid amounts. This project will be disruptive to residents who live along II Street and inconvenient for residents living in upper neighborhoods affected by the necessary traffic detours.


OUTREACH: Throughout this project, the Department of Public Works has communicated with local Homeowners Associations (HOA's) and has mailed flyers to residents along H Street, Fairhills and within Sun Valley. Prior to restarting the construction, we will forward a flyer to the adjacent neighbors and HOA's. In addition, we will install changeable message signs a few days prior to re-starting the work to alert residents of the forthcoming construction.

OPTIONS: The City Council may choose to:

1. Authorize the allocation of additional contingency for this project to allow construction to move forward.

2. The Council may choose not to authorize additional contingency for this project, in which case the construction would be delayed at least a year to allow PG&E to relocate their gas main.

ACTION REQUIRED: Adopt the resolution increasing the contingency for the H Street Roadway Improvement Proj ecl.

Enclosures 1. Resolution

RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL INCREASING THE CONTINGENCY FOR THE H STREET ROADWAY IMPROVEMENT PROJECT, CITY PROJECT NO. 11206.

WHEREAS, on the 21 st day of July, 2014, the City Council of the City of San Rafael

awarded the contract for the H Street Roadway Improvement Project, City Project No 11206, to

Ghilotti Construction Company in the amount of$1,776,906; and

WHEREAS, the City Council authorized an initial contingency in the amount of

$140,100 for this project; and

WHEREAS, additional contingency is necessary to relocate the proposed storm drainage

system away from an existing PG&E gas main; and

WHEREAS, there are sufficient funds in the Gas Tax Fund (#206) to support this

allocation.


RESOLVES as follows:

1. To authorize the allocation of additional contingency for this project in order for

the construction to move forward and instruct Public Works staff to continue to

pursue PG&E's financial obligation to pay their fair share of relocating the storm

drain system.

2. An additional $140,000 of available Gas Tax Funds will be appropriated for this

project at this time.

3. The Public Works Director is hereby authorized to take any and all such actions

and malce changes as may be necessary to accomplish the purpose of this

resolution.

I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the

foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the

City Council of said City held on Monday, the 6th day of April, 2015 by the following vote, to

wit:




ESTHER C. BEIRNE, City Clerk File No.: 08.02.245

Agenda Item No: 3. h



Department: Public Works

Prepared by: 1Le.~G'C rn (iR City Manager Approvaill /IV11..dJ..e

SUBJECT:

Acting Director of Public Works File No.: 18.01.76

A RESOLUTION ACCEPTING A PROPOSAL FROM ECONOLITE CONTROL PRODUCTS, INC. FOR THE PROCUREMENT OF TRAFFIC SIGNAL EQUIPMENT FOR THE REGIONAL TRANSPORTATION SYSTEM ENHANCEMENTS PROJECT, CITY PROJECT NO. 11237, IN THE AMOUNT OF $49,295.79, AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE THE PURCHASE AGREEMENT.

RECOMMENDATION: Adopt resolution and authorize the Public Works Director to execute the purchase agreement.

BACKGROUND: Sonoma Marin Area Rail Transit (SMART) is constructing a new commuter rail to downtown San Rafael with operations scheduled to begin in 2016. Ultimately, the rail will continue through San Rafael to Larkspur. The new rail station in downtown San Rafael is currently being constructed between Third and Fourth Streets.

SMART rail operations will have an impact on traffic flows in the downtown area. In order to mitigate and minimize the expected impacts, coordination and communication between SMART's rail signal controls and the controllers for the City's traffic signal system must occur. In addition, quick maintenance and real-time monitoring are essential to ensure timely responses to events and malfunctions in the field.

The City's Regional Transportation Safety Enhancements project includes, among other items, upgrades to the equipment at fourteen of the seventeen existing signalized intersections between Mission Avenue and Second Street (north to south) and Irwin Street to Lincoln Avenue (east to west). These upgrades will allow cross communication between traffic signal controllers and SMART rail signal controllers, communication within the traffic signal network, and communication with the traffic monitoring center to maximize bicycle, pedestrian and vehicular safety. The upgrades will also provide the tools needed to minimize the overall traffic and operational impacts expected to occur on the downtown roadway network.

FOR CITY CLERK ONLY

File No.: ____________ _




Currently, 23 of the 49 traffic signals located in Central San Rafael are interconnected as one and operate with "local". controllers communicating to two "master" controllers which in tum communicate to the Traffic Operations Center (TOC) located at the Department of Public Works. The individual intersections are connected with copper wires which were installed many years ago. The copper connections between the "master" controllers and each of the "local" controllers have limited bandwidth which prohibits the transmission of large amounts of data to the TOC. In addition, many of the existing copper connections are partially damaged, further limiting their capabilities.

The Regional Transportation System Enhancement Project will remove the copper cables between the 17 traffic signals located between Mission Avenue, Second Street, Lincoln Avenue and Irwin Street, alld install fiber optic cables. The fiber optic cables will significantly increase bandwidth and will allow high resolution, high speed data (such as live video feed) to be transmitted back to the TOC for real-time traffic monitoring and event responses.

The installation of switches is required to connect the fiber and allow the data to transmit over a modem network system. These network switches, coupled with the installation of fiber optic cable, will provide the City with a seamless, integrated, state of the art system for monitoring, tronbleshooting, and remote operational changes and modifications.

At this time, 25 switches are required at the 17 intersections located within the Regional Transportation System Enhancements project limits.

Proposals were solicited in accordance with San Rafael's Municipal Code Section No. 11.50.170. The following three proposals were received:

ANALYSIS:

NAME OF BIDDER Econolite Control Product, Inc. Western Pacific Signal Actelis Networks

AMOUNT $49,295.79 $49,585.52 $53,146.00

The referenced proposals have been reviewed by Public Works staff and found to be both responsive and responsible. The low bid of $49,295.79 was received from Econolite Control Prodncts, Inc. and falls within the allocated project bndget.

FISCAL IMP ACT: The cost of the traffic signal equipment (switches) for this project is $49,295.79 and is included in the overall project budget.

This project is funded through various sources as depicted in the table below:

F d' S un In!! ource Fllndit.gSonrce ... . ..... . .•.. : I Amonnt ... Not.,(~) ..... ..... ..' '.'

OBAGGrant $1,900,000 Federal Congestion Management and Air Quality (CMAQ) funds

Traffic Mitigation Funds, #246 $528,835

Gas Tax Funds, #206 $654,265

Total Available Fund~ $3,083,100


E xpenses

G"tegoryc]i;den.Expense·Code ••. Amount .. Note(s) .•.••.•...•.•. . ..

Design-Ol $399,977 Kimley-Horn & Associates

Construction-02 $1,765,057 Estimated construction cost

Estimated miscellaneous construction

Construction-02 $60,000 services (i.e., document reproduction; material testing, etc.)

Construction Inspection-02 $217,000 Estimated construction inspection cost

Econolite Control Products, Inc. Equipment Purchase-07 $509,804.80 (Traffic Signal Equipment)

Econolite Control Products, Inc. Eqnipment Purchase-07 $49,295.79 (Cnrrent Council Action)

Estimated Miscellaneous Expenses (i.e., batteries, fiber equipment, server hardware,

Equipment Purchase-07 $81,965.41 permit fees, wireless communication equipment, etc.)

Total Expenses $3,083,100

OPTIONS: 1. Adopt resolution and authorize the Public Works Director to execute the purchase agreement with

Econolite Control Products, Inc., the lowest responsive and responsible proposal, in the amount· of $49,295.79;

2. Reject the purchase agreement and direct staff to include the procurement of this equipment as part of the construction contractor's scope of work. This will increase the overall cost of the project, delay construction commencement and require additional staff time to ensure the contractor procures the correct equipment; or

3. Reject the purchase agreement and direct staff to stop the work on the project. This option will result in the loss of rail coordination capabilities and may result in additional traffic impacts to the downtown area once SMART service begins; it will also result in the loss of $1,900,000 in grant funds.

ACTION REQURED: Adopt resolution and authorize the Public Works Director to execute the purchase agreement following Cal trans construction approval.

Enclosures: Econolite Control Products, Inc. Proposal Resolution

RESOLUTION NO. __ _

A RESOLUTION ACCEPTING A PROPOSAL FROM ECONOLITE CONTROL PRODUCTS, INC. FOR THE PROCUREMENT OF TRAFFIC SIGNAL EQUIPMENT FOR THE REGIONAL TRANSPORTATION SYSTEM ENHANCEMENTS PROJECT, CITY PROJECT NO. 11237, IN THE AMOUNT OF $49,295.79, AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE THE PURCHASE AGREEMENT.

WHEREAS, construction has commenced on the Sonoma Marin Area Rail Transit

(SMART) project consisting of passenger rail operations between Santa Rosa and San Rafael,

and ultimately to Larkspur; and

WHEREAS, the SMART rail line will cross the City of San Rafael's downtown roadway

network at five locations; and

WHEREAS, upgrades to the City's traffic signal system are necessary for coordination

between SMART's rail system and the City of San Rafael's traffic signal system; and

WHEREAS, installation of twenty-five switches are necessary to transmit information

across the new fiber optic cable (to be installed as part of the City's Regional Transportation

Safety Enhancement Project) to the City's Traffic Operations Center; and

WHEREAS, the City solicited proposals for the interconnect switches in accordance

with San Rafael Municipal Code Section No. 11.50.170; and

WHEREAS, Econolite Control Products, Inc. submitted the lowest responsive and

responsible proposal in an amount not to exceed $49,295.79; and

WHEREAS, there are sufficient funds within the existing project budget for this

purchase.


RESOLVES as follows:

1. The proposal from Econolite Control Products, Inc. is hereby accepted at said price

and the contract for traffic signal equipment is hereby awarded to Econolite Control

Products, Inc, in an amount not to exceed $49,295.79.

2. The Public< Works Director is authorized to enter into a purchasing agreement with

Econolite Control Products, Inc. in a form approved by the City Attorney and in an

amount not to exceed $49,295.79.

3. The Public Works Director is hereby authorized to take any and all such actions and

make changes as may be necessary to accomplish the purpose of this resolution.

I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the

foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the

City Council of said City on the 6th day of April, 2015 by the following vote, to wit:



ABSENT: COUNCILMEMBERS


File No.: 18.01.76

ECCNOLITE

Quote

Date: February 19, 2015

To: City of San Rafael, CA; 111 Morphew St. San Rafael, CA 94915·1560 Attn: Leslie Blomquist

Re: San Rafael.Actelis-Copper and Fiber Switches-PHASE 1-022015 Econolite Reference: Q-12172-Q2W9

Leslie, Here is the updated quote for PHASE 1- REVISED 3/18/15

Item # Part # QIy Description Extended

Actelis LS Actelis Copper and Fiber Network Switches $45,122.00

501RG0220 10 ML684D; 4 pairs -2+2 Add-Drop Mux

2 501RG0221 25 ML680DF - Fiber Switch

3 506ROOO06 35 AC-DC Adapter lor ML500/ML600/ML740/ML58N RevB; 110!220VAC Feed. North American type power cord

4 506ROOO02 44 1000Base-LX SMF SFP module (10km); 1.25Gbps, Single Mode, 1310nm, 10 km, LC connector

5 504R60101 10 DSL dual port cable 2 X RJ45 to open end solid; DSL dual port cable 2 X RJ45 to open end solid; For connecting 4 pairs

. ML648D Industrial CPE DSL lines to a terminal block

Subtotal $45,122.00

Shipping & Handling*

Taxes"'''' $4,173.79

TOTAL $49,295.79

Tax Rate figured at 9.25%

Econolite/Actelis will provide 3 days of full installation/turn-up support to include on site overview and hands on training of field personnel. Actelis will also provide 1 full day of personnel training at the San Rafael facility. Actelis will also ensure their equipment is working properly and help trouble shoot any issues that come up. Actelis will provide contact numbers and support at no charge during the entire project installation of their equipment.

Note: Each product listed in this quotation is available for purchase separately at the itemized price listed.

Unless specifically requested or noted on this quotation, the product(s) quoted herein mayor may not comply with any Buy America requirements.

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or legally privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited except as required by law. '

1810 Oakland Rd Suite E San Jose, CA 95131

V"W\~'. econ 01 itegro lip .conl

Page 1 of 1

ECCNCLITE

Quote

Quote Valid For: 60 Days FOB: Econolite Factory Terms: Net 30 days from date of shipment 'Shipping: Included "''''Taxes: Estimated

i ii

Marc Lichty-Account Manager Mobile: 503-550-7964 [email protected]

Shipping Date: 5 weeks ARO, approved credit terms and submittal approval when applicable

1810 Oakland Rd Suite E San Jose, CA 95131

www_econolilegroup.com

Page 1 of 1

Agenda Item No: 3. i .



Department: Public Works

Prepared by: I~ rJlc,9h City Manager Approval?1 ftt~ Acting Director of Public Works

File No.: 01.25.08

SUBJECT: ADOPT RESOLUTION OF LOCAL SUPPORT FOR METROPOLITAN TRANSPORTATION COMMISSION (MTC) DISCRETIONARY FUNDING AND AUTHORIZE THE FILING OF AN APPLICATION FOR FUNDING ASSIGNED TO MTC COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING THE ASSURANCE TO COMPLETE THE GRAND A VENUE BRIDGE PROJECT.

RECOMMENDATION: Adopt resolution.

BACKGROUND: The Safe Pathways program is the capital improvement element of the overall Countywide Safe Routes to School program. It provides funding to design and construct projects identified in Safe Routes to School Plans developed by teams consisting of schools, parents, students and local public works staff in conjunction with the larger Safe Routes to School program.

A large majority of the funding for the Safe Pathways to School Program is through the local Measure A, a half cent sales tax passed by Marin County residents in 2004. In addition to Measure A, Transportation Authority of Marin (TAM) had a one-time allocation of $717,000 in federal One Bay Area Grant (OBAG) Safe Routes to School funds to support this program.

The Transportation Authority of Marin (TAM) issued a call for applications for the Safe Pathways to School Grant on September 19, 2014. On December 3, 2014, the Public Works Department applied for construction funding for the Grand Avenue Bridge project, specifically requesting the allocation of the federal funds to support the project.

The Grand Avenue Bridge project will close a significant gap in the City's bicycle and pedestrian network by installing a new 12 foot wide, 150 foot long bridge across the San Rafael Canal on the cast side of Grand Avenue for use by bicyclists and pedestrians. This project, in conjunction with the 'Second Street & Grand Avenue Intersection Improvements' project and the 'Francisco Boulevard East Sidewalk Widening' project, will provide access from the Canal neighborhood to the Bettini Transit Center, the future SMART rail station, Montecito Shopping Center, San Rafael High School, Coleman Elementary

FOR CITY CLERK ONLY

File No.: ____________ _




School, Davidson Middle School, and San Rafael's downtown business district. This route is one of only two access points to the Canal neighborhood, San Rafael's most densely populated area, and is heavily used by bicyclists and pedestrians.

The total cost to construct this project is estimated to be $1,300,000. The following are the proposed construction funding sources:

CONSTRUCTION FUNDING SOURCES Project Fuuding Sources Amount Notes Safe Pathways to School- Federal Funds $717,000 Safe Pathways to School- Local Measure A Funds $107,000

The Public Works Department will continue to apply for grants to reduce the amount of Gas Tax

Gas Tax $476,000 needed Total $1,300,000

ANALYSIS: A resolution of local support is required in order to be eligible to receive federal funding through the Safe Pathways to School program.

FISCAL IMP ACT: There is no fiscal impact to authorize or submit the grant application. However, by submitting, the City is obliged to commit any required matching funds.

A total of $824,000 in grant funds has been awarded to the City of San Rafael to construct the 'Grand Avenue Bridge' project. The total construction cost for the project is estimated to be $1,300,000. Therefore, $476,000 in local funding is needed at this time. The design of this project, funded through a Bay Trails grant, is complete.

On March 16, 2015, Council adopted the 2015/2016 Capital Improvement Program which allocates $476,000 for the construction of this project.

ACTION REQUIRED: Adopt Resolution

Enclosures (1) I. Resolution

RESOLUTION NO. __ _

A RESOLUTION OF LOCAL SUPPORT FOR MTC DISCRETIONARY FUNDING AND AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING ASSIGNED TO THE

METROPOLITAN TRANSPORTATION COMMISSION (MTC) COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING THE ASSURANCE TO COMPLETE THE

GRAND AVENUE BRIDGE PROJECT

WHEREAS, The City of San Rafael (herein referred to as APPLICANT) is submitting an

application to the Metropolitan Transportation Commission (MTC) for $717,000 in funding assigned to

MTC for programming discretion, which includes federal funding administered by the Federal Highway

Administration (FHWA) and federal or state funding administered by the California Transportation

Commission (CTC) such as Surface Transportation Program (STP) funding, Congestion Mitigation and

Air Quality Improvement (CMAQ) funding, Transportation Alternatives Program (TAP)/Active

Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP)

funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDfNG) for the 'Grand

Avenue Bridge' project (herein referred to as PROJECT) for the One Bay Area Grant (OBAG) Safe

Routes to School Program (herein referred to as PROGRAM); and

WHEREAS, the Moving Ahead for Progress in the 21" Century Act (Public Law 112-141,

July 6, 2012) and any extensions or successor legislation for continued funding (collectively, MAP 21)

authorize various federal funding programs including, but not limited to the Surface Transportation

Program (STP) (23 U.S.c. § 133), the Congestion Mitigation and Air Quality Improvement Program

(CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives Program (TA) (23 U.S.C. § 213); and

WHEREAS, state statutes, including California Streets and Highways Code §182.6 and §J82.7,

and §2381(a)(1), and California Government Code §14527, provide various funding programs for the

programming discretion of the Metropolitan Planning Organization (MPO) and the Regional

Transportation Planning Agency (RTPA); and

WHEREAS, pursuant to MAP-21, and any regulations promulgated thereunder, eligible project

sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an

application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the

federal Transportation Improvement Program (TIP); and

WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region;

and

WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution

No. 3606, revised) that sets out procedures governing the application and use of REGIONAL

DISCRETIONARY FUNDING; and

WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY

FUNDING; and

WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC

requires a resolution adopted by the responsible implementing agency stating the following:

• the commitment of any required matching funds; and

• that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at

the programmed amount, and therefore any cost increase cannot be expected to be funded

with additional REGIONAL DISCRETIONARY FUNDING; and

• that the PROJECT will comply with the procedures, delivery milestones and funding

deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution

No. 3606, revised); and

• the assurance of the sponsor to complete the PROJECT as described in the application,

subject to environmental clearance, and if approved, as included in MTC's federal

Transportation Improvement Program (TIP); and

• that the PROJECT will have adequate staffing resources to deliver and complete the

PROJECT within the schedule submitted with the project application; and

• that the PROJECT will comply with all project-specific requirements as set forth in the

PROGRAM; and

• that APPLICANT has assigned; and will maintain a single point of contact for all FHW A

and CTC-funded transportation projects to coordinate within the agency and with respective

Congestion Management Agency (CMA), MTC, Caltrans. FHW A, and CTC on all

communications, inquires or issues that may arise during the federal programming and

delivery process for all FHWA- and CTC-funded transportation and transit projects

implemented by APPLICANT; and

• in the case of a transit project, the PROJECT will comply with MTC Resolution No. 3866,

revised, which sets forth the requirements ofMTC's Transit Coordination Implementation

Plan to more efficiently deliver transit projects in the region; and

• in the case of a highway project, the PROJECT will comply with MTC Resolution No. 4104,

which sets forth MTC's Traffic Operations System (TOS) Policy to install activate TOS

elements on new major freeway projects; and

• in the case of an RTIP project, state law requires PROJECT be included in a local congestion

management plan, or be consistent with the capital improvement program adopted pursuant to

MTC's funding agreement with the countywide transportation agency; and

WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL

DISCRETIONARY FUNDING for the PROJECT; and

WHEREAS, there is no legal impediment to APPLICANT making applications for the funds;

and

WHEREAS, there is no pending or threatened litigation that might in any way adversely affect

the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and

WHEREAS, APPLICANT authorizes its Executive Director, General Manager, or designee to

execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the

PROJECT as referenced in this resolution; and

WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC m

conjunction with the filing of the application.

NOW, THEREFORE, BE IT RESOLVED that the APPLICANT is authorized to execute and

file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under

MAP-21 for continued funding; and

BE IT FURTHER RESOLVED that the APPLICANT by adopting this resolntion does hereby

state that:

I. APPLICANT will provide any required matching funds; and

2. that APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the

project is flXed at the MTC approved programmed amount, and that any cost increases must

be funded by the APPLICANT from other funds, and that APPLICANT does not expect any

cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and

3. that APPLICANT understands the funding deadlines associated with these funds and will

comply with the provisions and requirements of the Regional Project Funding Delivery

Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the

expertise, knowledge and resources necessary to deliver federally-funded transportation and

transit projects, and has assigned, and will maintain a single point of contact for all FHW A

and CTC-funded transportation projects to coordinate within the agency and with the

respective Congestion Management Agency (CMA), MTC, Caltrans. FHW A, and CTC on all

communications, inquires or issues that may arise during the federal programming and

delivery process for all FHW A- and CTC-funded transportation and transit projects

implemented by APPLICANT; and

4. that PROJECT will be implemented as described in the complete application and in this

resolution, subject to environmental clearance, and, if approved, for the amount approved by

MTC and progrannned in the federal TIP; and

5. that APPLICANT has reviewed the PROJECT and has adequate staffmg resources to deliver

and complete the PROJECT within the schedule submitted with the project application; and

6. that PROJECT will comply with the requirements as set forth in MTC programming

guidelines and project selection procednres for the PROGRAM; and

7. that, in the case of a transit project, APPLICANT agrees to comply with the requirements of

MTC's Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866,

revised; and

8. that, in the case of a highway project, APPLICANT agrees to comply with the requirements

ofMTC's Traffic Operations System (TOS) Policy as set forth in MTC Resolution No. 4104;

and

9. that, in the case of an RTIP project, PROJECT is included in a local congestion management

plan, or is consistent with the capital improvement program adopted pursuant to MTC's

funding agreement with the countywide transportation agency; and

10. that, in the case of an RTIP project, PROJECT is included in a local congestion management

plan, or is consistent with the capital improvement program adopted pursuant to MTC's

funding agreement with the countywide transportation agency; and

11. that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY

FUNDING for the PROJECT; and

12. that there is no legal impediment to APPLICANT making applications for the funds; and

13. that there is no pending or threatened litigation that might in any way adversely affect the

proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and

14. that APPLICANT authorizes its Executive Director, General Manager, City Manager, or

. designee to execute and file an application with MTC for REGIONAL DISCRETIONARY

FUNDING for the PROJECT as referenced in this resolution; and

15. that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of

the application; and

16. that the MTC is requested to support the application for the PROJECT described in the

resolution, and if approved, to include the PROJECT in MTC's federal TIP upon submittal by

the project sponsor forTIP programming

I, ESTHER C. BEIRNE, City Clerk of the City of San Rafael, hereby certifY that the foregoing

resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City

held on the 6th day of April, 2015, by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ESTHER C. BEIRNE, City Clerk File No.: 01.25.08