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SR 02-27-2024 5D City Council Report City Council Meeting: February 27, 2024 Agenda Item: 5.D 1 of 5 To: Mayor and City Council From: David Martin, Director, Building & Safety Subject: Award RFP to True North Compliance Services and Willdan Engineering for Temporary Staffing Recommended Action Staff recommends that the City Council: 1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; 2. Award RFP# 385 to True North Compliance Services, Inc. and Willdan Engineering for temporary building inspection and plan review services for the Community Development Department. 3. Authorize the City Manager to negotiate and execute an agreement with True North Compliance Service, Inc., in an amount not to exceed $225,000 (for three years, with two-additional one-year renewal options in the amount of $75,000, on the same terms and conditions) for a total amount not to exceed $375,000 over a five-year period, with future year funding contingent on Council budget approval.; and 4. Authorize the City Manager to negotiate and execute an agreement with Willdan Engineering, in an amount not to exceed $150,000 (for three years, with two- additional one-year renewal options in the amount of $50,000, on the same terms and conditions) for a total amount not to exceed $250,000 over a five-year period, with future year funding contingent on Council budget approval. Summary Temporary staffing services are being requested in an effort to ensure the ability of the Building and Safety Division’s Inspection and Plan Check sections to continue to meet established service goals during temporary staff vacancies. Temporary staffing is necessary to provide support during times when positions are vacant, when a current eligibility list does not exist to fill the position immediately to ensure that services remain 5.D Packet Pg. 160 2 of 5 at acceptable levels, and to prevent untenable volumes, excessive workload, and delays. Staff recommends executing contracts with True North Compliance Services and Willdan Engineering, to ensure the maintenance of service levels during these temporary staffing shortages. Discussion Building and Safety staff have found it difficult to provide services to customers in acceptable timeframes during the past few years due to temporary staff vacancies. This has resulted in wait times for customers to receive inspections increasing from two or three days to two to four weeks. These delays lead to contractors either having to delay construction for weeks until an inspection can be performed, costing them and their clients’ money, or contractors moving forward with their work without an inspection, which causes safety issues and potential delays when an inspection is finally performed – all of which negatively effects safety and the pace of the City’s development towards achieving housing goals and economic recovery. Similarly, the Plan Check section has been unable to meet service level goals due to temporary and long-term staff vacancies and service delays have meant extended wait times to receive an approved set of plans, which delays construction and costs customers time and money. To address these issues, staff recommends executing contracts with two temporary staffing agencies to provide qualified professionals to the Building and Safety Division while positions within the Division are vacant. The Division has implemented service enhancements over the past couple of years to facilitate improved processes; however, maintaining acceptable service levels is difficult when there are ongoing temporary staff vacancies. Procuring these contracts as a backup will assist during these temporary periods of staffing shortages and help prevent service delays from increasing, as well as help the Division address already existing backlogs. This will increase customer satisfaction, avoid excessive workloads among existing full-time staff, and help ensure that the City meets internal and external expectations for promoting development, businesses, housing, and the safety of the built environment. 5.D Packet Pg. 161 3 of 5 Temporary staff for inspections and plan check services authorized by this contract request will be utilized when temporary vacancies exist within the Building and Safety Division. The cost of temporary staffing will be offset by vacancy savings and fees collected for plan review and building permits. The Building and Safety Division will continue to pursue permanent staffing, as City financial resources permit. Vendor Selection Bidder Recommendation Best Qualified Firms True North Compliance Services, Inc (Primary Vendor) Willdan Engineering (Secondary Vendor) Evaluation Criteria The training, credentials and experience of the firm; the demonstrated competence, ability, capacity and skill of the firm to provide the service promptly, within the time specified, and without delay; the capacity of the firm to provide the service promptly, within the time specified, and without delay; and the character, integrity, reputation and judgment of the firm; the ability of the firm to provide such future service as may be needed; and the price which the firm proposes to charge, including whether the price is fair, reasonable and competitive. The City shall have absolute discretion in determining the applicability and weight of the criteria listed above The City is not required to select the proposal with the lowest price. Municipal Code SMMC 2.24.190 RFP Data Date Posted Posted On Advertise In (City Charter & SMMC) Vendors Downloaded Date Publicly Opened 10/11/2023 City's Online Bidding Site Santa Monica Daily Press 21 11/02/2023 Justification to Award This Request for Proposals (RFP) went through the formal bid process in OpenGov. Six responses were received, all of which were reviewed by a three-person selection committee consisting of Building and Safety supervisory staff. True North Compliance Services is recommended as the best qualified vendor, with Willdan Engineering RFPs Received Vendor 1 True North Compliance Services, Inc. Vendor 4 CSG Consultants, Inc. Vendor 2 Willdan Engineering Vendor 5 Bureau Veritas NA Inc Vendor 3 JLee Engineering, Inc. Vendor 6 The Code Group, Inc (VCA Code) 5.D Packet Pg. 162 4 of 5 recommended as the secondary vendor. Staff feel that two contractors are necessary in this situation for several reasons. One is that both inspection and plan review services are necessary in this case and it has been historically difficult, at times, to identify vendors with staff available to provide those services every time they are needed. Staff would like to have a second vendor in place in the event that, at some point in the future, True North does not have staff available to fulfill Building and Safety’s needs. Additionally, temporary staff are required to not have participated in the CalPERS system. Given that most potential Plan Check Engineers or Building Inspectors have worked for a municipality at some point in their careers, this requirement further limits an already small pool of eligible temporary staff members. Therefore, having a vendor available and contracted in support will help ensure that vacancies can be augmented with temporary staff whenever they occur. Environmental Review The award agreement is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The award agreement is covered by the common-sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The agreement will provide the City with administrative support, and temporary staff will perform the same duties as full-time staff. Therefore, it can be seen with certainty that the agreement would not result in adverse physical impacts on the environment, and as such, is exempt from CEQA. Financial Impacts and Budget Actions Staff seeks contract authority to approve available funding from the General Fund to award professional service agreements for temporary staffing services with True North Compliance Services, Inc. for an amount not to exceed $375,000 and with Willdan Engineering for an amount not to exceed $250,000. These services would only be utilized when temporary vacancies exist within the Building and Safety Division. Professional Service Agreement Request: True North Compliance Services, Inc. FY 2023-24 Future Years Amount Department Account # Account Description Total Contract 5.D Packet Pg. 163 5 of 5 Request Amount Amount $75,000 $300,000 01700004.552010 Prof. Services $375,000 Professional Service Agreement Request: Willdan Engineering FY 2023-24 Request Amount Future Years Amount Department Account # Account Description Total Contract Amount $75,000 $175,000 01700004.552010 Prof. Services $250,000 Prepared By: Kevin Purcell, Principal Administrative Analyst Approved Forwarded to Council Attachments: A. True North Oaks Signed B. Wildan Oaks Signed C. Levine Act True North D. Levine Act WILLDAN E. Written Comments 5.D Packet Pg. 164 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. 5.D.a Packet Pg. 165 Attachment: True North Oaks Signed (6205 : Award RFP to True North Compliance Services and Willdan Engineering for Temporary Staffing) 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 # ___________________________ Isam Hasenin President 10-27-23 isam@tncservices.com 858-260-0495 True North Compliance Services, Inc. Isam Hasenin, Amar Hasenin Isam Hasenin, Amar Hasenin 5.D.a Packet Pg. 166 Attachment: True North Oaks Signed (6205 : Award RFP to True North Compliance Services and Willdan Engineering for Temporary Staffing) 5.D.b Packet Pg. 167 Attachment: Wildan Oaks Signed (6205 : Award RFP to True North Compliance Services and Willdan Engineering for Temporary Staffing) City of Santa Monica Levine Act Disclosure Form CITY OF SANTA MONICA CALIFORNIA LEVINE ACT DISCLOSURE In 2022, California’s SB1439 extended requirements under Government Code Section 84308, also known as the "Levine Act", to prohibit City “Officers” from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $250 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent. Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states: An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and: (1)Serve in an elected position, including an official appointed to an electedposition due to an interim vacancy or an election otherwise canceled because theofficial was the sole candidate for the position; (2)Serve as a member of a board or commission; (3)Serve as the chief executive of a state agency, or county, city or district of anykind; or (4)Have decision making authority with respect to the proceeding involving alicense, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding. A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/ https://www.santamonica.gov/departments/rent-control https://www.smgov.net/ /boards/. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO Name of Councilmember or City Officer: _________________________________ 4 5.D.c Packet Pg. 168 Attachment: Levine Act True North (6205 : Award RFP to True North Compliance Services and Willdan Engineering for Temporary Staffing) City of Santa Monica Levine Act Disclosure Form Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions. Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item. By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement. I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________ Additional Disclosures: Please note this form is a public record and subject to a California Public Records Act request. 2/7/2024 Isam Hasenin President True North Compliance Services, Inc. 5.D.c Packet Pg. 169 Attachment: Levine Act True North (6205 : Award RFP to True North Compliance Services and Willdan Engineering for Temporary Staffing) City of Santa Monica Levine Act Disclosure Form CITY OF SANTA MONICA CALIFORNIA LEVINE ACT DISCLOSURE In 2022, California’s SB1439 extended requirements under Government Code Section 84308, also known as the "Levine Act", to prohibit City “Officers” from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $250 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent. Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states: An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and: (1)Serve in an elected position, including an official appointed to an electedposition due to an interim vacancy or an election otherwise canceled because theofficial was the sole candidate for the position; (2)Serve as a member of a board or commission; (3)Serve as the chief executive of a state agency, or county, city or district of anykind; or (4)Have decision making authority with respect to the proceeding involving alicense, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding. A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/ https://www.santamonica.gov/departments/rent-control https://www.smgov.net/ /boards/. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO Name of Councilmember or City Officer: _________________________________ 5.D.d Packet Pg. 170 Attachment: Levine Act WILLDAN (6205 : Award RFP to True North Compliance Services and Willdan Engineering for Temporary Staffing) City of Santa Monica Levine Act Disclosure Form Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions. Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item. By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement. I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________ Additional Disclosures: Please note this form is a public record and subject to a California Public Records Act request. Estelle Cope 5.D.d Packet Pg. 171 Attachment: Levine Act WILLDAN (6205 : Award RFP to True North Compliance Services and Willdan Engineering for Temporary Staffing) 1 David Yakobson From:Kevin McKeown <kevin@mckeown.net> Sent:Saturday, February 24, 2024 12:36 PM To:councilmtgitems Cc:Phil Brock; Lana Negrete; Gleam Davis; Caroline Torosis; Christine Parra; Jesse Zwick; Oscar de la Torre Subject:Item 5-D -- caution on temporaries EXTERNAL Consistently, over many years, our pre-2020 Councils moved City hiring pracƟces away from “as-needed” and temporary workers bereŌ of benefits, bringing those duƟes “in-house” where jobs were stable and employees and their families were respected with medical and other support. I point to those jobs we created without regret, even though it was on my watch as Mayor in 2020 that the COVID revenue collapse forced us to let go many, many of our best workers. Now, with economic recovery just beginning and money sƟll scarce, it may make sense to plug holes in City services with out-sourced and temporary workers, as recommended by staff in consent calendar agenda item 5-D. Yes, I’m saying that urgent needs in Plan Check, and Building and Safety, may jusƟfy hiring temps, for now. The red flag that brought me to the keyboard is near the end of the staff report: > The cost of temporary staffing will be offset by vacancy savings… Please don’t let an urgent but temporary need undo years of work by previous Councils. Vacant City employee posiƟons should be filled as soon as possible with qualified new City employees, not used to jusƟfy a slush fund that semi- permanently pays for temporary, as-needed, or out-sourced workers. Please affirm publicly, so staff hears you as you vote for 5-D, that you are making a jusƟfiable excepƟon to ongoing City policy calling for as much work as possible to be done by true City employees, who are appropriately rewarded and respected for their service to our community.. Thanks, Kevin ———————————— K e v I n M c K e o w n hƩps://urldefense.com/v3/__hƩp://www.mckeown.net__;!!OfuUnHCITYtmmjM!vtUkp_MB1uCqHbev15nykSQbIi15gUYJ He9NmY7vhjPHX_QLdJyjTtRxZWLxqvDdW3QV_oWyqGCvRfUwnKrlaW_xFns$ Choose to be conscious ———————————— Item 5-D February 27, 2024 Item 5-D February 27, 2024 5.D.e Packet Pg. 172 Attachment: Written Comments (6205 : Award RFP to True North Compliance Services and Willdan Engineering for Temporary Staffing)