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HomeMy WebLinkAbout36-City Administrator CITY OF SAN BERN" ADINO - REQUEST F"""" COUNCIL ACTION -. ~nMn: Marshall W. Julian Su~~: Agreement between City and con- sulting firms for Inspection Review Services (Converse) Dept: AdministratJ.ve D~: May 16, 1990 Synopsis of Previous Council action: May 7, 1990 Presented to Mayor and Common Council for review referred to Legislative Review Committee, City Attorney and City Administrator. Recommended motion: That the Director of Planning and Building Services be authorized to engage the services of Converse Consultants Southwest, Inc., and such other consultant firms as may subsequently enter into agreement with the City, for Inspection Review Services, upon the approval of the City Administrator, and the Director of Finance as to the availability of funds. Contact person: Marshall W. Julian Phone: 5122 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.! (Acct. DescriPtion) Finance: Council Notes: 75.0262 Agenda Item No, q~ CITY OF SAN BERN RDINO - REQUEST r R COUNCIL ACTION STAFF REPORT The agreement before you for consideration is a standardized agreement for building inspection services to be performed on an as-needed basis by private consulting firms. It is planned that interest on the part of private firms would be assessed in advance, via advertising and inquiry. Firms interested in being considered for such work would be interviewed by the Director of Planning and Building Service. The names of those deemed qualified would be placed on a rotating list for use to assist in meeting the needs of the inspection workload. The first utilization of the program is expected to be for tract inspections, due to economies of scale and the fast- tracking desired by major developers to complete projects. Dependent on the ability of private inspection services to respond, and the Department's experience with the program, it is felt that such contractual services could also be utilized from time-to-time in relieving building inspection backlogs. The cost per inspection hour ($50.00) set forth in the Converse agreement exceeds the cost per hour of inspection services performed by City personnel. A developer willing to pay the additional cost for the increased (out-of-regular- order inspections) level of service would agree in writing at the time of requesting the service and make a deposit based on an "estimated cost." The permit fees would be finalized at the conclusion of the work. This has operated satisfactorily in connection with planning consultant fees. not be appropriate for all contract inspection services and will vary from Amendments to the subject agreement would be the Mayor and Common Council as occasions provision will be made for type of contract fee agreements, a be adopted by resolution. 75.0264 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION NO. 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 13 fully signed and executed by both parties. The City shall not be 14 obligated hereunder unless and until the Agreement is fully 15 executed and no oral agreement relating thereto shall be implied 16 or authorized. 17 SECTION 3. The authorization to execute the above 18 referenced agreement is rescinded if the parties to the agreement 19 fail to execute it within sixty (60l days of the passage of this 20 resolution. 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 PZ:kq\Paceset.Res May 16, 1990 1 5-9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PACESETTERS BUILDING SERVICES 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 ABSTAIN NAYS ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this day of , 1990. W. R. Holcomb, Mayor 21 City of San Bernardino 22 Approved as to form and legal content: 23 24 25 26 27 28 JAMES F. PENMAN, City Attorney By: L 7- 4-- (J PZ:kq\Paceset.Res May 16, 1990 2 7 8 9 10 11 12 13 14 1 2 3 AGREEMENT (Inspection Review Services) THIS AGREEMENT is made and entered into this ____ day of 4 5 6 , 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 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 15 financial interest in the subj ect matter of this agreement 16 contemplated within; and 17 WHEREAS, Consultant declares that he shall perform the 18 services herein contemplated in compliance with Federal and 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\Pacesetl.Agr May 16, 1990 1 7 8 9 10 ~ - 1 2 3 C~ty does hereby appo~nt Consultant ~n a contractual capac~ty to perform the following services ~n accordance w~th the terms and conditions here~nafter set forth: 4 5 6 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 h~s designated representative, make inspection of construct~on projects on an assignment basis for the purpose of ascerta~ning compl~ance with d~fferent 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 indepen~ent 13 contractors to perform s~m~lar work, ~nclud~ng work for which 14 Consultant is herein appointed. Pertinent City policies and 15 regulat~ons w~ll be provided by the City. The City shall provide 16 adm~n~strative direction in the form of policies, regulations and 17 procedures to serve as guidelines by Consultant. Consultant 18 shall prepare t~mely inspection reports on each project for the 19 Building Off~cial, on forms to be provided by the c~ty. 20 21 2. COLLECTION OF FEES. All fees to be collected from any applicant in connection 22 w~th the carrying out of the functions as set forth in this 23 agreement shall be collected by City. 24 25 3. COMPENSATION OF CONSULTANT. A. Consultant shall be compensated ~n an amount equal to 26 FIFTY DOLLARS ($50.00) per hour for time spent inspecting 27 projects and preparing inspection reports. 28 B. Consultant shall invoice City monthly for services PZ:kq\Pacesetl.Agr May 16, 1990 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 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 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 17 to give its good-faith cooperation in the transfer of the work 18 to the City or to any other consultant designated by City 19 following such termination, and to attend and participate in any 20 meetings at no cost to the City as shall be deemed necessary by 21 the Building Official to effectively accomplish such transfer. 22 Nothing herein shall be construed to prevent the City from 24 23 ordering Consultant to immediately halt work should Consultant's 25 sole discretion, transfer the work forthwith to another work be unacceptable to City. In such event, City may at its 26 Consultant. 27 28 5. WARRANTY. Consultant expressly warrants that its work will be PZ:kq\Paceset1.Agr May 16, 1990 3 10 11 12 13 14 15 16 17 18 19 1 2 3 performed with care, skill, reasonable expedience, and faithfulness and that work performed shall meet the standards of quality and timeliness required by the City. 4 5 6 6. QUALIFICATIONS OF CONSULTANT PERSONNEL. Consultant's employees performing the inspections pursuant to this agreement shall, upon request of the City Building 7 8 9 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 Without limiting Consultant's indemnification of City as 20 stated in Paragraph 7, above, Consultant shall provide and 21 maintain at its own expense during the term of this Agreement, 22 the following policy or pOlicies of insurance covering its 23 performance under this Agreement: 24 25 26 27 28 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. PZ:kq\Pacesetl.Agr May 16, 1990 4 7 8 9 10 11 12 13 14 15 1 2 3 4 5 6 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. 9. 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 16 disposi tion 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 Consul tant, shall be construed as an assignment of this 21 Agreement. Control means fifty percent (50%) or more of the 22 voting power of the corporation. 23 10. ANTI-DISCRIMINATION. 24 Consul tant 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 PZ:kq\Pacesetl.Agr May 16, 1990 5 7 8 9 10 11 12 13 14 15 1 2 3 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. 4 5 6 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 17 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. 21 22 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. PZ:kq\Pacesetl.Agr May 16, 1990 6 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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 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. 14. AUTHORITY. Each of the parties to this Agreement represents that the person signing on behalf of such party has authority to do so. 15. CONSULTANT TO ABIDE BY LAWS. Consultant is required to abide by all Federal, State and Local law applicable to the SCOPE OF WORK. 16. NOTICES. Any notice required or desired to be given pursuant to this Agreement shall be given in writing, and sent by certified mail, PZ:kq\Pacesetl.Agr May 16, 1990 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 return receipt requested, addressed as follows: ~ Consultant Director of Planning & Building Services City of San Bernardino 300 North "D" Street Third Floor San Bernardino, CA 92418 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 pursuant to this paragraph. 17. 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. The City shall provide Consultant with written notice in advance of the date at which these services are to be implemented. / / / / / / / / / / / / / / / / / / / / / / / / PZ:kq\Paceset1.Agr May 16, 1990 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT FOR INSPECTION REVIEW SERVICES 19. 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. 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 PACESETTERS BUILDING SERVICES By: ED YARD Approved as to form and legal content: JAMES F. PENMAN City Attorney By: ik..- --;z.~ (/ PZ:kq\Pacesetl.Agr May 16, 1990 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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. III III III III III III III PZ:kq [ConAgre.Res] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 REILLY 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 , ?/~ PZ:kq [COnAgre.Res] 7 8 9 10 11 12 13 14 15 1 2 3 AG R E E MEN T (Inspection Review Services) THIS AGREEMENT is made and entered into this day of 4 5 6 , 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 16 contemplated within; and 17 WHEREAS, Consultant declares that he shall perform the 18 services herein contemplated in compliance with Federal and 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\CONS.Agr May 16, 1990 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 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. 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 of the Uniform Building Code. City may, at its sole unrestricted option, use its own employees and/or other independent contractors to perform similar work, including work for which 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 17 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. 20 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. 24 25 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 27 projects and preparing inspection reports. 28 B. Consultant shall invoice City monthly for services PZ:kq\CONS.Agr May 16, 1990 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 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 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 17 to give its good-faith cooperation in the transfer of the work 18 to the City or to any other consultant designated by City 19 following such termination, and to attend and participate in any 20 meetings at no cost to the City as shall be deemed necessary by 21 the Building Official to effectively accomplish such transfer. 22 Nothing herein shall be construed to prevent the City from 24 23 ordering Consultant to immediately halt work should Consultant's 25 sole discretion, transfer the work forthwith to another work be unacceptable to City. In such event, City may at its 26 Consultant. 27 28 5. WARRANTY . Consultant expressly warrants that its work will be PZ:kq\CONS.Agr May 16, 1990 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 performed with care, skill, reasonable expedience, and faithfulness and that work performed shall meet the standards of quality and timeliness required by the City. 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, 16 with Consultant's operations, or its performance under this personal injury, or property damages arising from or connected 17 Agreement. 18 19 8. INSURANCE Without limiting Consultant's indemnification of City as 20 stated in Paragraph 7, above, Consultant shall provide and 21 maintain at its own expense during the term of this Agreement, 22 the following policy or policies of insurance covering its 23 performance under this Agreement: 24 25 26 27 28 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. PZ:kq\CONS.Agr May 16, 1990 4 1 2 3 4 5 6 7 8 9 10 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. 9. PROHIBITION AGAINST TRANSFERS. a. Consultant shall not assign, sublease, or transfer this Agreement or any interest therein directly or indirectly, 11 consent of the City. Any attempt to do so without said consent by operation of law or otherwise without the prior written 12 shall be null and void, and no assignee, sublessee, or 13 transferee shall acquire any right or interest by reason of such 14 attempted assignment, lease or transfer. 15 b. The sale, assignment, transfer or other 16 disposi tion of any of the issued and outstanding capital stock 17 of Consultant, or of the interest of any general partner or 18 joint venturer or syndicate member or co-tenant of Consultant 19 which is an action resulting in changing the control of 21 20 Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the 22 voting power of the corporation. 23 24 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 PZ:kq\CONS.Agr May 16, 1990 5 7 8 9 10 11 12 13 14 15 1 2 3 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. 4 5 6 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 17 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. 21 22 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 foresee ably 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. PZ:kq\CONS.Agr May 16, 1990 6 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 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 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. 20 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. 23 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. 26 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\CONS.Agr May 16, 1990 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 return receipt requested, addressed as follows: ~ 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 changed by giving notice pursuant to this paragraph. 17. 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. The City shall provide Consultant with written notice in advance of the date at which these services are to be implemented. / / / / / / / / / / / / / / / / / / / / / / / / PZ:kq\CONS.Agr May 16, 1990 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT FOR INSPECTION REVIEW SERVICES 19. 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. 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: ALGIRDAS G. LESKYS, President Approved as to form and legal content: JAMES F. PENMAN City Attorney By: L (J ~ -?~ PZ:kq\CONS.Agr May 16, 1990 9