HomeMy WebLinkAbout1990-182
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RESOLUTION NO. 90-182
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH PACESETTERS BUILDING SERVICES FOR
INSPECTION SERVICES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor is hereby authorized and directed to
execute on behalf of said City an Agreement with Pacesetters
Building Services for inspection services.
A copy of said
agreement is attached hereto, marked Exhibit "A", and
incorporated herein by reference as fully as though set forth at
length.
SECTION 2.
This Agreement shall not take effect until
fully signed and executed by both parties. The City shall not be
obligated hereunder unless and until the Agreement is fully
executed and no oral agreement relating thereto shall be implied
or authorized.
SECTION 3.
The authorization to execute the above
referenced agreement is rescinded if the parties to the agreement
fail to execute it within sixty (60) days of the passage of this
resolution.
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PZ:kq\Paceset.Res
May 16, 1990
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RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH
PACESETTERS BUILDING SERVICES FOR INSPECTION SERVICES.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on the 21st
day of
requ1ar ,1990, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
x
REILLY
x
FLORES
x
MAUDSLEY
~
MINOR
~
POPE-LUDLAM
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MILLER
--1L-
~O$41w/
CitY Clerk
The foregoing resolution is hereby approved this ~h,( day
-,
of
Mav
, 1990.
//' ~/ /z
W. R. Holcom , Mayor
City of San B rnardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By: L7.~
(J
PZ:kq\Paceset.Res
May 16, 1990
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AGREEMENT
-~.,
(Inspection Review Services)
THIS AGREEMENT is made and entered into this ~~~ day of
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\~~ ,1990, by and between the CITY OF SAN BERNARDINO, a
m~nJcipa1 corporation, located in the County of San Bernardino,
l/
State of California, hereinafter referred to as "City", and
Pacesetters Building Services at 14322 Main Street, Hesperia, CA
92345, hereinafter referred to as "Consultant".
WIT N E SSE T H
WHEREAS, Consultant represents that he has that degree of
specialized expertise contemplated within the Uniform Building
Code and holds all necessary licenses therefore to practice and
perform the services herein contemplated; and
WHEREAS, no official or employee of the City has a
financial interest in the subject matter of this agreement
16 contemplated within; and
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18 services herein contemplated in compliance with Federal and
WHEREAS, Consultant declares that he shall perform the
19 California laws, including but not limited to minimum hours and
20 wages, fair employment, and occupational safety and health, to
21 the extent same are applicable herein; and
22 WHEREAS, the parties hereto intend to set forth all their
23 rights, duties, obligations and liabilities with respect to the
24 work, project or activity contemplated herein and services to be
25 performed by Consultant thereunder.
26 NOW THEREFORE, in consideration of the mutual promises of
27 the parties, and other good and sufficient consideration, the
28 parties agree to the following terms, conditions and covenants.
PZ:kq\Paceset1.Agr
May 16, 1990
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City does hereby appoint Consultant in a contractual
capacity to perform the following services in accordance with the
terms and conditions hereinafter set forth:
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1.
INSPECTION SERVICES.
The City's representative for purposes of this agreement
shall be the City Building Official.
Consultant shall, upon
request of the City Building Official or his designated
representative, make inspection of construction projects on an
assignment basis for the purpose of ascertaining compliance with
different stages of development pursuant to Sections 305 and 306
11 of the Uniform Building Code. City may, at its sole unrestricted
12 option, use its own employees and/or other independent
13 contractors to perform similar work, including work for which
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Consultant is herein appointed.
Pertinent City policies and
15 regulations will be provided by the City. The City shall provide
16 administrative direction in the form of policies, regulations and
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procedures to serve as guidelines by Consultant.
Consultant
18 shall prepare timely inspection reports on each project for the
19 Building Official, on forms to be provided by the City.
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2.
COLLECTION OF FEES.
21 All fees to be collected from any applicant in connection
22 with the carrying out of the functions as set forth in this
23 agreement shall be collected by City.
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3.
COMPENSATION OF CONSULTANT.
A.
Consultant shall be compensated in an amount equal to
26 FIFTY DOLLARS ($50.00) per hour for time spent inspecting
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27 projects and preparing inspection reports.
B.
Consultant shall invoice City monthly for services
PZ:kq\Pacesetl.Agr
May 16, 1990
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rendered on a per project basis and City shall audit such
monthly invoices promptly and pay Consultant within fifteen (15)
calendar days after receipt of invoices, excepting any amount
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disputed by the City. Dispute over any invoiced amount shall be
noticed to consultant within ten (10) days of the billing and a
meet and confer meeting to resolve the dispute shall be
initiated by the City within ten (10) days of the notice.
4.
TERMINATION
The City or Consultant may terminate this Agreement for any
reason at any time by mailing by certified mail thirty (30)
days prior written notice of termination to the other party. In
this event, the Consultant shall be paid the reasonable value of
services rendered to the date of termination.
In the event of
any such termination, Consultant shall provide to City, without
charge, all documents, notes, maps, reports and data accumulated
to the date of such termination.
Consultant further covenants
to give its good-faith cooperation in the transfer of the work
to the City or to any other consultant designated by City
following such termination, and to attend and participate in any
meetings at no cost to the City as shall be deemed necessary by
the Building Official to effectively accomplish such transfer.
Nothing herein shall be construed to prevent the City from
ordering Consultant to immediately halt work should Consultant's
work be unacceptable to City.
In such event, City may at its
25 sole discretion, transfer the work forthwith to another
26 Consultant.
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5.
WARRANTY .
Consultant expressly warrants that its work will be
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May 16, 1990
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performed with care, skill, reasonable expedience, and
faithfulness and that work performed shall meet the standards of
quality and timeliness required by the City.
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6. QUALIFICATIONS OF CONSULTANT PERSONNEL.
Consultant's employees performing the inspections pursuant
to this agreement shall, upon request of the City Building
Official or his designated representative, present proof of the
certification, licensing or training necessary to perform the
work assigned.
7.
INDEMNIFICATION.
Consultant agrees to indemnify, defend, and hold harmless
City, its agents, officers and employees from and against any and
all liability, expense and claims for damages of any nature
whatsoever, including, but not limited to, bodily injury, death,
personal injury, or property damages arising from or connected
with Consultant's operations, or its performance under this
Agreement.
8.
INSURANCE
20 stated in Paragraph 7, above, Consultant shall provide and
Without limiting Consultant's indemnification of City as
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maintain at its own expense during the term of this Agreement,
the following policy or policies of insurance covering its
performance under this Agreement:
a.
General Liability and Professional Liability:
Such insurance shall include, but not be limited to,
comprehensive general liability and professional liability
coverage with a combined single limit of not less than
FIVE HUNDRED THOUSAND DOLLARS ($500,000) per occurrence.
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Such insurance shall name the City of San Bernardino as an
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additional insured.
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b. Workers' Compensation: Consultant shall cover its
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employees with Workers' Compensation insurance in an
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amount and form to meet all applicable requirements of the
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Labor Code of the State of California.
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9.
PROHIBITION AGAINST TRANSFERS.
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a. Consultant shall not assign, sublease, or transfer
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this Agreement or any interest therein directly or indirectly,
by operation of law or otherwise without the prior written
consent of the City. Any attempt to do so without said consent
shall be null and void, and no assignee, sublessee, or
transferee shall acquire any right or interest by reason of such
attempted assignment, lease or transfer.
b.
The sale, assignment, transfer or other
16 disposition of any of the issued and outstanding capital stock
17 of Consultant, or of the interest of any general partner or
18 j oint venturer or syndicate member or co-tenant of Consultant
19 which is an action resulting in changing the control of
20 Consultant, shall be construed as an assignment of this
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Agreement.
Control means fifty percent (50%) or more of the
22 voting power of the corporation.
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10.
ANTI-DISCRIMINATION.
Consultant certifies and agrees that all persons employed
25 by Consultant, its affiliates, subsidiaries or holding companies
26 are and will be treated equally by Consultant without regard to
27 or because of race, religion, ancestry, national origin, or sex
28 and in compliance with State and Federal Anti-Discrimination
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May 16, 1990
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laws.
Consultant further certifies and agrees that it will deal
with its Subcontractors, Bidders and Vendors without regard to or
because of race, religion, ancestry, national origin or sex.
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11.
RELATIONSHIP OF PARTIES.
Consultant is acting as an independent contractor, and not
as an employee of the City.
In the performance of personal
services pursuant to the provisions of this Agreement, Consultant
shall not be supervised, directed, or under the control or
authority of any City officer or employee, except and to the
extent as may be expressly or implicitly required by the terms
and provisions of this Agreement. Any direction or control so
required under this Agreement shall be limited to broad
objectives or goals of the project or program to be accomplished
and not to the details and procedures to accomplish such
objectives and goals.
Consultant shall not be obligated to
16 conform to the supervision or direction of City officers or
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employees which are not authorized herein.
Changes or
18 modifications of said objectives and goals may be made by
19 written recommendations of either party subject to the
20 concurrence of the other party in writing.
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12.
CONFLICT OF INTEREST.
a.
The Consultant or its employees may be subject to
23 the provisions of the California Political Reform Act of 1974
24 (the Act), which (1) requires such persons to disclose
25 financial interests that may foreseeably be materially affected
26 by the work performed under this Agreement, and (2) prohibits
27 such persons from making or participating in making decisions
28 that will foreseeable financially affect such interests.
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May 16, 1990
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b.
Consultant shall conform to all requirements of
the Act.
Failure to do so constitutes a material breach and is
grounds for termination of this agreement by the City.
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c.
Consultant agrees that during the term of this
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agreement, he shall not enter into any contract for work to be
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performed within the City of San Bernardino with private parties
who may foreseeably be materially affected by the work to be
performed under this agreement.
d.
Consultant agrees that during the term of this
agreement, he shall not employ any officers, elected officials or
employees of the City of San Bernardino.
e.
Consultant agrees that he shall comply with all
other applicable conflict of interest laws, including local,
state, federal and common law.
13.
AUDIT
The City, in reference to any request for payment submitted
17 by the Consultant for services under this Agreement, shall have
18 the right to examine and audit the records of the Consultant
19 pertaining to this Agreement, to verify such payment.
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14.
AUTHORITY.
21 Each of the parties to this Agreement represents that the
22 person signing on behalf of such party has authority to do so.
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15.
CONSULTANT TO ABIDE BY LAWS.
24 Consultant is required to abide by all Federal, State and
25 Local law applicable to the SCOPE OF WORK.
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16.
NOTICES.
27 Any notice required or desired to be given pursuant to this
28 Agreement shall be given in writing, and sent by certified mail,
PZ:kq\Pacesetl.Agr
May 16, 1990
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return receipt requested, addressed as follows:
City
Consultant
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Director of Planning
& Building Services
City of San Bernardino
300 North "0" Street
Third Floor
San Bernardino, CA 92418
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Pacesetters Building Services
14322 Main Street
Hesperia, CA 92345
Any notice so given shall be considered served on the other
party five days after date of mailing.
The address for notice may be changed by giving notice
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pursuant to this paragraph.
ENTIRE AGREEMENT.
This contract constitutes the entire Agreement between City
and Consultant and may be modified only by further written
agreement between the parties.
This agreement supercedes any
previous agreement between the parties.
18. IMPLEMENTATION.
advance of the date at which these services are to be
The City shall provide Consultant with written notice in
implemented.
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PZ:kq\Paceset1.Agr
May 16, 1990
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AGREEMENT FOR INSPECTION REVIEW SERVICES
19.
ATTORNEY'S FEES.
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In the event that an action is filed by either party to
enforce rights under this agreement, the prevailing party shall
be entitled to recover reasonable attorney's fees in addition to
any other relief granted by the court.
IN WITNESS WHEREOF,
the City Council of the City of San
Bernardino has caused this Agreement to be subscribed by the
Mayor, and seal of said Council to be hereto affixed and
attested by the Clerk thereof, and Consultant has executed this
Agreement, the day, month and
ATTEST:
~g?$~$
C1ty Clerk
PACESETTERS BUILDING SERVICES
By:
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By:
Jk_7.~
(/
PZ:kq\Pacesetl.Agr
May 16, 1990
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