SR 01-11-2022 3F
City Council Report
City Council Meeting: January 11, 2022
Agenda Item: 3.F
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To: Mayor and City Council
From: David Martin, Director, Building & Safety
Subject: Approval of Second Modification of Term Extension for Professional Services
Agreement with IDS Group for Seismic Structural Analysis and Plan Review
Services
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and
execute a second modification to agreement #10636 (CCS) with IDS Group, Inc. for
seismic structural analysis review and seismic plan review services for the Community
Development Department. This modification will extend the term by one year and will
result in a five-year amended agreement.
Summary
To help ensure Santa Monica buildings could withstand a sizable earthquake, the City
initiated the Seismic Retrofit Program (“Program”) in 2017 to identify potentially
vulnerable buildings that may be in need of retrofit. Approximately 2,000 buildings were
identified, including some large, complex structures such as Non-Ductile Concrete
(“NDC”) and Steel Moment Frame (“SMF”) buildings. Building and Safety engineering
staff does not have the experience and expertise to conduct the review of these building
types; therefore, a contract was executed with IDS Group (“IDS”) in 2018 to provide
engineering review services for the structural analysis and plan review submissions for
NDC and SMF buildings. At its December 14, 2021 meeting, the City Council postponed
approval of this contract modification until January 11, 2022, otherwise the contract term
was scheduled to expired on December 31 2021. Staff anticipates the continued need
for IDS’ services and recommends extending the agreement by one year to ensure
these review services are maintained for the remaining buildings that are subject to the
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Program. This aspect of the Program is full cost recovery and is currently fully funded;
no additional funding is required for this request.
Discussion
The Seismic Retrofit Program requires owners of buildings identified as potentially
seismically vulnerable to submit a structural analysis report to the Building and Safety
Division for review by an engineer to indicate if a seismic retrofit of the structure is
necessary. If a retrofit is required, the subsequent phase in the Program would consist
of submittal for plan review to verify code compliance prior to the issuance of a building
permit.
On March 6, 2018, Council awarded an RFP, and authorized City Manager to negotiate
and execute a contract with IDS to provide engineering review services for the structural
analysis and plan review submissions for NDC and SMF building types (Attachment A).
The services of IDS are necessary to perform the peer review of the structural analyses
and technical plan review due to the level of complexity associated with these building
types and the inability of staff to perform a comprehensive review due to lack of
expertise within the Building and Safety Division. As detailed in Exhibit A (Scope of
Services) of the contract, the engineering services could be utilized for structural
analysis or plan review for the Seismic Retrofit Program or general plan review
(Attachment B). There is a continued need for IDS Group’s services as the deadlines
prescribed by the Seismic Ordinance for plan review submittal of NDC and SMF
buildings are April 2022 and October 2029, respectively. The deadlines for submittal of
structural analysis reports for these building types passed in October 2020; however,
there remain buildings within these building type categories that have not yet submitted.
Once a review has been completed, Building and Safety pays IDS for their services,
then charges the applicant for the same amount prior to issuing the final determination
to the applicant. This ensures that the peer review process is full cost recovery.
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Vendor Selection
After completing a formal RFP process (RFP #147), the City executed a contract with
IDS for engineering services in May of 2018. A first modification to the contract was
executed in February of 2021 to extend the term by one year. One additional year
would allow the continued implementation of the Program by retaining the supplemental
services and providing sufficient time to complete the remaining phases required by the
Program.
Therefore, staff is recommending a second modification to the existing agreement with
IDS to extend the term by one year, through December 31, 2022. No other
modifications to the agreement are proposed.
Past Council Actions
Meeting Date Description
03/06/18
(Attachment A)
Council awarded $625,000 to IDS Group to provide seismic
structural analysis review and seismic plan review services
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action. Staff will return to Council if specific budget actions are required
in the future. Funding for this phase of the Program has been budgeted for the 2021-
2022 fiscal year.
Prepared By: Kevin Purcell, Principal Administrative Analyst
Approved
Forwarded to Council
Attachments:
A. March 06, 2018 Staff Report (Web Link)
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B. Contract 10636 CCS
C. IDS - First Modification
D. IDS Living Wage 21-22
E. IDS Signed 2021 - OAKS
F. Written Comments
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3.F.bPacket Pg. 74Attachment: Contract 10636 CCS (4884 : Term Extension for Professional Services Agreement with IDS Group)
3.F.bPacket Pg. 75Attachment: Contract 10636 CCS (4884 : Term Extension for Professional Services Agreement with IDS Group)
3.F.bPacket Pg. 76Attachment: Contract 10636 CCS (4884 : Term Extension for Professional Services Agreement with IDS Group)
3.F.bPacket Pg. 77Attachment: Contract 10636 CCS (4884 : Term Extension for Professional Services Agreement with IDS Group)
3.F.bPacket Pg. 78Attachment: Contract 10636 CCS (4884 : Term Extension for Professional Services Agreement with IDS Group)
3.F.bPacket Pg. 79Attachment: Contract 10636 CCS (4884 : Term Extension for Professional Services Agreement with IDS Group)
3.F.bPacket Pg. 80Attachment: Contract 10636 CCS (4884 : Term Extension for Professional Services Agreement with IDS Group)
3.F.bPacket Pg. 81Attachment: Contract 10636 CCS (4884 : Term Extension for Professional Services Agreement with IDS Group)
3.F.bPacket Pg. 82Attachment: Contract 10636 CCS (4884 : Term Extension for Professional Services Agreement with IDS Group)
3.F.bPacket Pg. 83Attachment: Contract 10636 CCS (4884 : Term Extension for Professional Services Agreement with IDS Group)
3.F.bPacket Pg. 84Attachment: Contract 10636 CCS (4884 : Term Extension for Professional Services Agreement with IDS Group)
3.F.bPacket Pg. 85Attachment: Contract 10636 CCS (4884 : Term Extension for Professional Services Agreement with IDS Group)
3.F.bPacket Pg. 86Attachment: Contract 10636 CCS (4884 : Term Extension for Professional Services Agreement with IDS Group)
3.F.bPacket Pg. 87Attachment: Contract 10636 CCS (4884 : Term Extension for Professional Services Agreement with IDS Group)
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Packet Pg. 101 Attachment: Contract 10636 CCS (4884 : Term Extension for Professional Services Agreement with IDS Group)
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FIRST MODIFICATION OF AGREEMENT NO. 10636 (CCS)
This First Modification of Agreement Number 10636 (“First Modification”), entered
into as of _________________(“Execution Date”), by and between the City of Santa
Monica, a municipal corporation (“City”), and IDS Group, Inc. (“IDS”), is made with
reference to the following:
RECITALS
A. On or about May 7, 2018, the City and IDS entered into Professional Service
Agreement, Contract Number 10636 (the “Agreement”).
B. The Agreement provided for a term that commenced on May 7, 2018 and
terminated on December 31, 2020, with a unilateral option by the City to renew
for an additional one year period.
C. The City and IDS desire to modify the Agreement to extend the contract term
beyond December 31, 2020.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the
Agreement as follows:
1. IDS and the City acknowledge and agree that the effective date of this First
Modification is December 31, 2020.
2. Section 1 of the Agreement entitled “Term” shall be deleted in its entirety and
replaced with the following paragraph:
Term. This Agreement begins on May 7, 2018 and terminates on
December 31, 2021, unless terminated earlier in accordance with
Section 14 or extended by the parties in writing.
3. Section 1.1 of the Agreement entitled “Option to Extend” shall be deleted in its
entirety.
4. Section 4 of the Agreement entitled “Compensation” shall be deleted in its
entirety and replaced with the following paragraph:
Compensation. The City will compensate IDS for the Services
performed during the period of May 7, 2018 until December 31, 2020
(the “Original Term”) in an amount not to exceed $525,000, as set
forth in Exhibit B.
5. Section 4.1 of the Agreement entitled “Extension Term” shall be deleted in its
entirety and replaced with the following paragraph:
Extension Term. The City will compensate IDS for the Services
performed during the period of January 1, 2021 until December 31,
2021 (the “Extension Term”) in an amount not to exceed $100,000.
The total amount of compensation for Services rendered during the
DocuSign Envelope ID: 252276B4-BD26-4A52-9FBD-C4299E44B50E
2/24/2021
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Packet Pg. 102 Attachment: IDS - First Modification (4884 : Term Extension for Professional Services Agreement with IDS Group)
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Original Term and the Extension term shall not exceed $625,000, as
set forth in Exhibit B.
6. Except as expressly modified by this First Modification, all other terms and
conditions of the Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the
date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
Dudek
#VENDOR
By: _______________________________
DocuSign Envelope ID: 252276B4-BD26-4A52-9FBD-C4299E44B50E
2/23/2021
George Cardona
Interim City Attorney
Principal
2/23/2021
IDS Group, Inc.
Rami Elhassan
2/24/2021
Lane Dilg
Interim City Manager
2/24/2021
Denise Anderson-Warren
City Clerk
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Packet Pg. 103 Attachment: IDS - First Modification (4884 : Term Extension for Professional Services Agreement with IDS Group)
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Packet Pg. 104 Attachment: IDS Living Wage 21-22 (4884 : Term Extension for Professional Services Agreement with IDS Group)
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Packet Pg. 105 Attachment: IDS Living Wage 21-22 (4884 : Term Extension for Professional Services Agreement with IDS Group)
CITY OF SANTA MONICA
OAKS INITIATIVE NOTICE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS
AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,
OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as
the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and
information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s
text from the City Clerk.
This information is required by City Charter Article XXII—Taxpayer Protection. It
prohibits a public official from receiving, and a person or entity from conferring, specified
personal benefits or campaign advantages from a person or entity after the official votes,
or otherwise takes official action, to award a “public benefit” to that person or entity. The
prohibition applies within and outside of the geographical boundaries of Santa Monica.
All persons or entities applying or receiving public benefits from the City of Santa
Monica shall provide the names of trustees, directors, partners, and officers, and names
of persons with more than a 10% equity, participation or revenue interest. An exception
exists for persons serving in those capacities as volunteers, without compensation, for
organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the
Internal Revenue Code. However, this exception does not apply if the organization is a
political committee or controls political committees. Examples of a “public benefit” include
public contracts to provide goods or services worth more than $25,000 or a land use
approval worth more than $25,000 over a 12-month period.
In order to facilitate compliance with the requirements of the Oaks Initiative, the City
compiles and maintains certain information. That information includes the name of any
person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an
entity, rather than an individual person, the information includes the name of every person
who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent
interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks
Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This
information must be updated and supplied every 12 months.
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Packet Pg. 106 Attachment: IDS Signed 2021 - OAKS (4884 : Term Extension for Professional Services Agreement with IDS Group)
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City
compiles and maintains certain information. That information includes the name of any
person or persons who is seeking a “public benefit.” If the “public benefit” is sought by
an entity, rather than an individual person, the information includes the name of every
person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten
percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12-
month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000
over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more in any
12-month period;
5. Land use variance, special use permit, or other exception to an established land
use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12-
month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12-
month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: ____________________________Title: __________________________
Signature: ______________________________________ Date: ________________
Email: ____________________________________ Phone: ____________________
FOR CITY USE ONLY:
Bid/PO/Contract # ____________________________ Permit # ___________________________
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Packet Pg. 107 Attachment: IDS Signed 2021 - OAKS (4884 : Term Extension for Professional Services Agreement with IDS Group)
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Vernice Hankins
From:Clerk Mailbox
Sent:Tuesday, December 14, 2021 2:04 PM
To:councilmtgitems
Subject:FW: Items 133D and 13 J at Council meeting Tuesday
From: Stanley H Epstein <stanatty@yahoo.com>
Sent: Sunday, December 12, 2021 8:21 AM
To: Ariel Socarras <Ariel.Socarras@santamonica.gov>
Cc: David White <David.White@santamonica.gov>; David Martin <David.Martin@santamonica.gov>; Sue Himmelrich
<sue.himmelrich@gmail.com>; Clerk Mailbox <Clerk@santamonica.gov>; Phil Brock <Phil.Brock@santamonica.gov>;
David White <David.White@santamonica.gov>; Oscar de la Torre <odelatorre16@yahoo.com>; Christine Parra
<Christine.Parra@santamonica.gov>; kristinmccowan@smgov.net; Gleam Davis <Gleam.Davis@santamonica.gov>;
jlawrence@smgov.net; Lana Negrete <lananegrete@me.com>
Subject: Re: Items 133D and 13 J at Council meeting Tuesday
EXTERNAL
Dear Ariel. Thanks to you and David Martin for successfully asking the Clerk to modify Item 13D and add 13 J to
Tuesday’s Agenda. Since you chose not to discuss changes with me, there are still the following open matters concerning
retrofit experts retained by the City:
1.Neither Item has attached the respective 2018 contracts being extended. Since then, we have 5 wonderful new
Council members, and a new City Attorney and Manager. They all, as well as the public, should have the opportunity to
review what is being extended and perhaps make changes with the approval of the other party. Please have Denise
attach the current contracts. 2. The 2018 Staff Report recommended Degenkolb and IDS for seismic structural analysis
review and JAS Pacific and Intervest for plan review services. Was that changed by Council to exclude the last two? 3.
The law passed by Council provided for all plan review to be completed by late 2020, but the extensions run until
December 31, 2022, or about 27 months later. Are these extensions pursuant to language in the code or by staff
waivers? Can we expect further retrofit extensions, such as the 2037 date established for the kind of building I live in?
Will Denise kindly include these comments under both Items?
Sincerely, Stan Epstein. 310 393 7619.
On Dec 10, 2021, at 5:55 PM, Stanley H Epstein <stanatty@yahoo.com> wrote:
Dear Ariel. I very much am of the opinion that it would be in the interest of you, the City Attorney,
Clerk, and Manager, Council, and residents if you and I could talk over the week end to clarify issues that
are either very unclear or flatly wrong in the wording of Item 3D and thereby agree upon the language
changes to properly reflect your views concerning the proposed extension . However, If the Clerk says it
is too late to change, I will set forth the problems with the current language in a note Monday to
everyone who will be involved in the decisions. Sincerely, Stan Epstein
Sent from my iPad
On Dec 10, 2021, at 4:35 PM, Stanley H Epstein <stanatty@yahoo.com> wrote:
Item 3.J 12/14/21
1 of 2 Item 3.J 12/14/21
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I believe changes can be made until the day before the meeting. Could you kindly call
me to see if you and I are on the same page in any event . It will not take more than 10
minutes and will be in the public interest. Thanks. Stan Epstein
W
Sent from my iPad
On Dec 10, 2021, at 4:25 PM, Ariel Socarras
<Ariel.Socarras@santamonica.gov> wrote:
Hello Mr Epstein
The agenda is posted and any changes or modifications at this point
would need to occur orally at the meeting so I would suggest putting
your concerns in writing to myself, Council, or both (as you deem
appropriate) for consideration.
Get Outlook for iOS
From: Stanley H Epstein <stanatty@yahoo.com>
Sent: Friday, December 10, 2021 4:09:56 PM
To: Ariel Socarras <Ariel.Socarras@santamonica.gov>
Cc: Clerk Mailbox <Clerk@santamonica.gov>
Subject: Item 3D at Council meeting Tuesday
EXTERNAL
Hi Ariel. I think there are two major errors in Item 3D for Tuesday’s
Council meeting. This involves a one year extension of a retrofit
related contractor’s agreement with the City.
Please call me at 310 393 7619 to hear what I think are the necessary
revisions. I can be reached at all times, including the weekend, at 310
393 7619. If I do not hear from you by noon on Monday, it will be
necessary to notify Councilmembers and the Manager so that an
appropriate decision can be made at the meeting.
Sent from my iPad. Sincerely, Stan Epstein
Item 3.J 12/14/21
2 of 2 Item 3.J 12/14/21
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Packet Pg. 109 Attachment: Written Comments (4884 : Term Extension for Professional Services Agreement with IDS Group)