HomeMy WebLinkAbout44-City Attorney
CITY OF SAN BERf \RDINO
REQUEST : )R COUNCIL ACTION
From: James F. Penman
Subject: Resolution of the Cit~l of
San Bernardino authorizing the
execution of an agreement with
Converse Consultants Southwest, Inc
'for inspection services.
Dept: City Attorney
Date: April 25, 1990
Synopsis of Previous Council action:
None.
Recommended motion:
~
Adopt Resolution.
City Administrator's Note:
This matter requires administrative review and coordination -- recom-
mend it be referred to the Legislative Review Committee for further
consideration.
A-JtJJ~~' -'
;('~LL W. IAN
City Admini rator
Signature
Contact person: patricia Zimmermann
Phone:C7141384-'i3'i'i
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.1
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No. 4'1
CITY-OF SAN BERti ,RDINO - REQUEST I )R COUNCIL ACTION
STAFF REPORT
After numerous complaints from new homeowners regarding a
Monnig Development Project, The Estates, an investigation of the
project was made by Department of Planning and Building Services,
the Police Department and the City Attorney's Office. On April
20, 1990 a report was made by the City Attorney's Office to the
Mayor and Common Council detailing the problems with the Project
and with City Inspections. The r e p 0 r t mad e s eve r a 1
recommendations including the use of private State-Certified
inspection consulting firms for new development projects.
The report suggested that the City contract with several of
these firms and use them on a rotating basis for inspections of
new development projects. All fees would be paid to the City by
the developer. The use of private consultants will provide more
timely inspections for the developer and assure inspections at
every phase for the City. Five firms were contacted regarding
their hourly rates for UBC 305 and 306 inspections and it was
determined that the average fee was $50.00 per hour.
Pursuant to the recommendations of the above report, the
attached is an agreement with a private inspection firm, Converse
Consultants Southwest, Inc. It is anticipated that there will be
several other agreements forthcoming.
PZ:kq [Consult.Agd]
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH CONVERSE CONSULTANTS SOUTHWEST,
INC. 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 Converse
Consultants Southwest, Inc. 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 affect 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
19 referenced agreement is rescinded if the parties to the agreement
20 fail to execute it within sixty (60) days of the passage of this
21 resolution.
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RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH
CONVERSE CONSULTANTS SOUTHWEST, INC. FOR INSPECTION SERVICES.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof, held on the
day of , 1990, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILL Y
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day
of
, 1990.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By: L r.~
o
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AGREEMENT
(Inspection Review Services)
THIS AGREEMENT is made and entered into this day of
, 1990, by and between the CITY OF SAN BERNARDINO, a
municipal corporation, located in the County of San Bernardino,
State of California, hereinafter referred to as "City", and
Converse Consultants Southwest, Inc. at 11126 "I" Avenue,
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
contemplated within; and
WHEREAS, Consultant declares that he shall perform the
services herein contemplated in compliance with Federal and
California laws, including but not limited to minimum hours and
wages, fair employment, and occupational safety and health, to
the extent same are applicable herein; and
WHEREAS, the parties hereto intend to set forth all their
rights, duties, obligations and liabilities with respect to the
work, project or activity contemplated herein and services to be
performed by Consultant thereunder.
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NOW THEREFORE, in consideration of the mutual promises of
the parties, and other good and sufficient consideration, the
parties agree to the following terms, conditions and covenants.
City does hereby appoint Consultant in a contractual
capacity to perform the following services in accordance with the
terms and conditions hereinafter set forth:
1. INSPECTION SERVICES.
Consultant shall, upon request of the City Building
Official, make inspection of construction projects as needed for
ascertaining compliance with different stages of development
pursuant to Sections 305 and 306 of the Uniform Building Code.
City may, at its sole unrestricted option, use its own employees
and/or other independent contractors to perform work, including
work for which Consultant is herein appointed. Pertinent City
pOlicies and regulations will be provided by the City. The City
shall provide direction as to which policies, regulations and
procedures are to be used by Consultant. Consultant shall
prepare inspection reports on each project for the Building
Official.
2. COLLECTION OF FEES.
All fees to be collected from any applicant in connection
with the carrying out of the functions as set forth in this
agreement shall be collected by City.
3. COMPENSATION OF CONSULTANT.
A. Consultant shall be compensated in an amount equal to
FIFTY DOLLARS ($50.00l per hour for time spent inspecting
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projects and preparing inspection reports.
B. Consultant shall invoice City monthly for services
rendered on a per project basis and City shall pay Consultant
upon determining adequate deposit of monies with City for such
inspections by the contractor.
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.
5. WARRANTY .
Consultant expressly warrants that its work will be
performed with care, skill, reasonable expedience, and
faithfulness and that work performed shall be fit and proper for
its intended use.
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6. 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.
7. INSURANCE
Without limiting Consultant's indemnification of City as
stated in Paragraph 6, above, Consultant shall provide and
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.
Such insurance shall name the City of San Bernardino as an
additional insured.
b. Workers' Compensation: Consultant shall cover its
employees with Workers' Compensation insurance in an
amount and form to meet all applicable requirements of the
Labor Code of the State of California.
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8. PROHIBITION AGAINST TRANSFERS.
a. Consultant shall not assign, sublease, or transfer
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
disposition of any of the issued and outstanding capital stock
of Consultant, or of the interest of any general partner or
joint venturer or syndicate member or co-tenant of Consultant
which is an action resulting in changing the control of
Consultant, shall be construed as an assignment of this
Agreement. Control means fifty percent (50%) or more of the
voting power of the corporation.
9. ANTI-DISCRIMINATION.
Consultant certifies and agrees that all persons employed
by Consultant, its affiliates, subsidiaries or holding companies
are and will be treated equally by Consultant without regard to
or because of race, religion, ancestry, national origin, or sex
and in compliance with state and Federal Anti-Discrimination
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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10. 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
conform to the supervision or direction of City officers or
employees which are not authorized herein. Changes or
modi~ications of said objectives and goals may be made by
written recommendations of either party subject to the
concurrence of the other party in writing.
11. CONFLICT OF INTEREST.
a. The Consultant or its employees may be subject to
the provisions of the California Political Reform Act of 1974
(the Act), which (1) requires such persons to disclose
financial interests that may foreseeably be materially affected
by the work performed under this Agreement, and (2) prohibits
such persons from making or participating in making decisions
that will foreseeable financially affect such interests.
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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.
c. Consultant agrees that during the term of this
agreement, he shall not enter into any contract for work to be
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 he shall comply with all
other applicable conflict of interest laws, including local,
state, federal and common law.
12. AUDIT
The City, in reference to any request for payment submitted
by the Consultant for services under this Agreement, shall have
the right to examine and audit the records of the Consultant
pertaining to this Agreement, to verify such payment.
13. AUTHORITY.
Each of the parties to this Agreement represents that the
person signing on behalf of such party has authority to do so.
14. CONSULTANT TO ABIDE BY LAWS.
Consultant is required to abide by all Federal, State and
Local law applicable to the SCOPE OF WORK.
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15.
NOTICES.
Any notice required or desired to be given pursuant to this
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Agreement shall be given in writing, and sent by certified mail,
return receipt requested, addressed as follows:
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Consultant
Director of Planning
& Building Services
City of San Bernardino
300 North "0" Street
Third Floor
San Bernardino, CA 92418
Converse Consultants Southwest,
Inc.
11126 "I" Avenue
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 chang'ed by giving notice
pursuant to this paragraph.
16.
ENTIRE AGREEMENT.
This contract constitutes the entire Agreement between City
and Consultant and may be modified only by further written
agreement between the parties.
17. IMPLEMENTATION.
The City shall provide Consultant with written notice in
advance of the date at which these services are to be
implemented.
18. ATTORNEY'S FEES.
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.
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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 year first above written.
ATTEST:
CITY OF SAN BERNARDINO
City Clerk
W. R. HOLCOMB, Mayor
CONVERSE CONSULTANTS SOUTHWEST,
INC.
By: $~~k @ult-y~
Approved as to form Algirdas G. Leskys, President
and legal content:
JAMES F. PENMAN
City Attorney
By: L ?fJ~
o
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