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Home My WebLink About2005-341 ~7'~''''~'~"' . " .' ,..-,.., "1''' "" '""~_~.T.'~." , ",~.~.,," "'" ^' "., , ..,~.. "":-:',.... =~_""=.",'<=."',."'="'_"O'- "'''-."., :;::'~'-""'~"'''' o,_"':"'~"'H;_"""",,,,,,,,,:~ ~ , 1 2 3 4 RESOLUTION NO. 2005-341 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING SERVICES AGREEMENTS WITH ALBERT JOHNSON AND CALIFORNIA CODE CHECK FOR PROVISION OF CONTRACT BUILDING INSPECTION SERVICES. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. ALBERT JOHNSON, a sole proprietor, and CALIFORNIA CODE CHECK, a firm, each being competent, experienced and able to perform said services and have 9 provided the most advantageous and best responsible proposals for provision of CONTRACT 10 BUILDING INSPECTION SERVICES, per Specification No. F-06-06 for purchase order 11 12 amounts totaling $260,000 in aggregate, with single year renewal options. Pursuant to this determination, the Purchasing Manager is hereby authorized and directed to issue Purchase 13 14 15 16 each agreement is attached hereto and incorporated herein (Exhibits A and B). 17 18 19 Orders for said services to said firms; and all other proposals are hereby rejected. The Mayor is hereby authorized and directed to execute Services Agreements on behalf of the City; a copy of SECTION 2. The authorization to execute the above referenced agreements is rescinded if they are not executed within sixty (60) days of the passage of this resolution. 20 III 21 III 22 III 23 24 25 26 27 28 - 1 - _."'C,C~C"~"~" "e'" . ' " ' "",__ n', ' "'--p, W'e" '""'~-,,,--" , ' I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and on the 17th day of 5 Common Council of the City of San Bernardino at a j oint regular 6 7 8 9 10 Council Members: ESTRADA LONGVILLE MC GINNIS 11 12 DERRY 13 KELLEY 14 JOHNSON 15 MC CAMMACK 16 17 18 19 meeting thereof, held October , 2005, by the following vote, to wit: AYES NAYS x --1L- x x x x x The foregoing resolution is hereby approved this 20 21 22 Approved as to 23 form and legal content: 24 25 26 27 28 JAMES F. PENMAN, City Attorney BY) &.. ? 4........ III -2- ABSTAIN ABSENT Q~ I:J. ~ City L:lerk 'IlL th Valles, Mayor C' y of San Bernardino ~-' . .~- ." ~ .,. ~~~np_.,'". 4' . '..~_. 2005-341 ORIGINAL Exhibit "A ~...". to SERVICES AGREEMENT THIS AGREEMENT is entered into this ,ql day of ~ , 2005, between ALBERT JOHNSON ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY)". WITNESSETH: A. WHEREAS, CITY has need for contract building inspection services and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services: and, c. WHEREAS, CONTRACTOR has provided the most advantageous and best responsible proposal for the provision of such services; NOW THEREFORE, the parties hereto agree as follows: 1. CONTRACTOR shall perform contract building inspection services on an as needed basis in accordance with Proposal Specification No. F-06-06 which is incorporated herein by reference. The volume of work is dependent upon the demand for such services from builders within the City and no minimum volume of work to be assigned is expressed or implied. Contractor shall provide Albert Johnson as the sole building inspector to provide said services unless City gives written consent to an alternate inspector. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services $60.00 per hour in accordance with Proposal Specification No. F-06-06 and Offeror's Proposal and Statement, which is on file in the Development Services Department. 3. CONTRACTOR shall provide the Development Services Department with a monthly invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. 4. The initial term of this Agreement shall be one (1) year from the date first shown above and is subject to termination by either party upon thirty (30) days written notice to the other. There may be two one-year extensions. ~~"'~-~-- ~ --" ~-~~"~-~"'"T-T''-T1!~''' ~""""C',_ T/~''''''""-'''''''''"~'' - .2005-341 Services Agreement - Albert Johnson Page 2 of3 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents hannless from any claim, demand, liability, suit, judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to CONTRACTOR's performance under this agreement, except that such duty to indemnify, defend and hold hannless shall not apply where injury to person or property is caused by CITY's willful misconduct or sole negligence. 6. While not restricting or limiting the foregoing, during the term of this Agreement, CONTRACTOR shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of $1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. The policies shall name the CITY as an additional insured and shall provide for thirty (30) days notification to the CITY if said policies are terminated or materially altered. 7. CONTRACTOR shall perform wQrk tasks as directed by the Building Official, but for all intents and purposes, CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 8. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 9. During the effective period of this Agreement, Contractor shall not accept any remuneration or gratuity, nor shall have any business relationship which would constitute a conflict of interest with any developer, builder, or business entity for which inspections are performed. ~~""~. .. ~''''"-~~''_e..'' ~h .c..~._,./,,,~~~.. c. -''''''::'.'<.''''''''''''_'I~~'!!Ii 2005-341 Services Agreement - Albert Johnson Page 3 of3 10. This Agreement is not assignable. Contractor shall maintain a valid, current City Business Registration Certificate at all times during the tenn(s) of this Agreement. 11. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: James Funk, Development Services Director City of San Bernardino 300 North 'D' Street San Bernardino, CA 92418 (909) 384-5057 TO THE CONTRACTOR: Albert Johnson 12785 Puesta Del Sol Redlands, CA 92373 (909) 794-7937 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day aild date first above shown. ALBERT JOHNSON by: Judith Vall Mayor CityofS by: ~ti~ Albert Johnson Contractor Approved as to fonn and legal content: James F. Penman City Attorney By-r 7 f~ -",,- -,,-'-'.""""~"""'--~~'~--~~' -, ,~--~'- " , -,-" -,,_. .," . 2005-341 Exhibit "B SERVICES AGREEMENT THIS AGREEMENT is entered into this ~ day of ~ , 2005, between CALIFORNIA CODE CHECK ("CONTRACTOR"), A California Corporation, and the CITY OF SAN BERNARDINO ("CITY)". WITNESSETH: A. WHEREAS, CITY has need for contract building inspection services and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has provided one of the most advantageous and best responsible proposals for the provision of such services; NOW THEREFORE, the parties hereto agree as follows: 1. CONTRACTOR shall perform contract building inspection services on an as needed basis in accordance with Proposal Specification No. F-06-06 which is incorporated herein by reference. The volume of work is dependent upon the demand for such services from builders within the City and no minimum amount of work to be assigned is expressed or implied. Contractor shall provide Todd Morris as the sole building inspector to provide said services unless City gives written consent to an alternate inspector. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services $70.00 per hour in accordance with Proposal Specification No. F-06-06 and Offeror's Proposal and Statement, which is on file in the Development Services Department. 3. CONTRACTOR shall provide the Development Services Department with a monthly invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. 4. The initial term of this Agreement shall be one (1) year from the date first shown above and is subject to termination by either party upon thirty (30) days written notice to the other. There may be two one-year extensions. -,- --,=""_,,''''''''S'p~J(i'~:'~~'''''_ ~",~__F__ "'-""~"'-'l'l'!:"""-""~~""P-?r;Y":",~~-!@"_#"~""'~lA--'::,~~':;~~~---""~-~~'-'~Y':",,?,,:<,.....~_ 2005-341 Services Agreement - California Code Check Page 2 00 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to CONTRACTOR's performance under this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY's willful misconduct or sole negligence. 6. While not restricting or limiting the foregoing, during the term of this Agreement, CONTRACTOR shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of $1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. The policies shall name the CITY as an additional insured and shall provide for thirty (30) days notification to the CITY if said policies are terminated or materially altered. 7. CONTRACTOR shall perform work tasks as directed by the Building Official, but for all intents and purposes, CONTRACTOR shall be an independent contractor and not an agent or employee ofthe CITY. 8. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 9. During the effective period of this Agreement, Contractor shall not accept any remuneration or gratuity, nor shall have any business relationship which would constitute a conflict of interest with any developer, builder, or business entity for which inspections are performed. 10. This Agreement is not assignable. Contractor shall maintain a valid, current City Business Registration Certificate at all times during the term(s) of this Agreement. _. l'f"---'""'~-'~mr ----~-~ ~-TI"I-'--< Ii' -'-~--'-7~""M'~"""-'-"'-- 2005-341 ..' Services Agreement - California Code Check Page 3 of3 , 11. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: James Funk, Development Services Director , City of San Bernardino 300 North 'D' Street San Bernardino, CA 92418 (909) 384-5057 TO THE CONTRACTOR: California Code Check 2393 Teller Road, Suite 108 Newbury Park, CA 91320 (805) 499-4584 FAX (805) 499-4489 CACodeCheck@aol.com Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. CITY OF SAN BERN~INO -- CALIFORNIA CODE CHECK bY'C. / fi---" ~ c. Thomas Harris I President by: Judith Valles Mayor City of S Approved as to form and legal content: James F. Penman City Attorney