REPORT TO COUNCIL
SUBJECT
Title
Amend Temporary Personnel Services Agreement with Fire & Risk Alliance LLC to Increase Contract Amount to $338,517 in the Same Form as Attachment 1 to the Report and Extend the Term Through January 11, 2027 (F26-233)
Report
REPORT IN BRIEF
Staff requests approval of a second amendment to the Temporary Personnel Services Agreement with Fire & Risk Alliance LLC of Rockwell, Maryland, to extend the agreement through January 11, 2027, and to increase the not-to-exceed amount from $228,900 to $338,517.
EXISTING POLICY
Pursuant to Chapter 2.08 of the Sunnyvale Municipal Code, contracts for this type of service are awarded pursuant to a Request for Proposals (RFP) best value process, unless otherwise exempt from the competitive bidding process. Additionally, City Council approval is required for the procurement of goods and/or services exceeding $250,000 in any one transaction.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonable foreseeable indirect physical change in the environment.
BACKGROUND AND DISCUSSION
On January 11, 2023, the City entered into an agreement with Fire & Risk Alliance LLC to provide Fire Protection Engineers and other trained technical staff as required to review new construction plans and assist the City with construction-related field inspections for both commercial and residential projects.
The City continues to experience challenges in staffing our Fire Protection Engineer (FPE) positions. In addition to ongoing recruitment and training efforts, temporary personnel are necessary to maintain plan review and inspection timelines for development projects.
On October 7, 2025, the City executed a First Amendment to the agreement under the City Manager’s authority to add upcoming on-call personal services and modify compensation, increasing the not-to-exceed amount to $228,900.
To maintain service with the current vendor beyond January 2026, it is necessary to extend the term for two of the three contract extensions. This Second Amendment to the contract increases the not-to-exceed amount of $338,517 and requires Council approval.
FISCAL IMPACT
Funding for fire protection system plan review and inspection services is available in Fund 6181 - Development Enterprise Fund under Program 12900 - Fire Prevention and Hazardous Material Services. No budget modification is required at this time, as costs will be offset by salary savings due to position vacancies.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Take the following actions:
- Approve Second Amendment to the Temporary Personnel Services Agreement with Fire & Risk Alliance LLC, increasing the contract by $109,617 for a new not-to-exceed total of $338,517 and exercise year two (2) of the three contract extensions through January 11, 2027;
- Authorize the City Manager to execute the amendment when all necessary conditions have been met;
- Authorize the City Manager to increase compensation subject to budget availability, if pricing and services remain acceptable to the City; and
- Authorize the City Manager to amend the contract through the final year.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
_X_ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
___ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: David Battaglia, Purchasing Officer
Reviewed by: Stephanie Huang, Civilian Fire Marshal
Reviewed by: Matthew Paulin, Director of Finance
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Second Amendment to Temporary Personnel Services Agreement