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Home My WebLink About1981-08-04; City Council; Resolution 66301 ,-. L. 2 3 4 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND ESGIL CORPORATION, FOR PLAN CHECKING CONSULTING SERVICES. The City Council of the City of Carlsbad, California, does hereby 4 1 1 1 1 1 3 3 3 4 I 1 0 RESOLUTION NO. 6630 51/ resolve as follows: I/ 7 II 1. The certain agreement between the City of Carlsbad and ESGIL RPORATION for plan checking consulting services, a copy of which is tached hereto marked Exhi bit A and made a part hereof , is hereby approved. 2. The Mayor of the City of Carlsbad is hereby authorized and directed I execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council ' the City of Carlsbad held the 4th day of August - , 1981 , { the following vote, to wit: AYES : NOES : None Council Mernbers Casler, Anear, Lewis and klchin ABSENT: Comcil Meniber Packard RONALD C.i PACKARD, MAYOR MARY H. I~R, Vice-Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk J (SEAL) I J. contract c 4. 0 NOW, THEREFORE, in consideration' of -the promises and mutual .' covenvlts and agreements herein contzined, it is agreed between the parties hereto as follows: c . SECTION 1 DESIGNATIC3 OF COXT~ACTGF? . city does hereby appoint ESGIL CORPO~ATXE< zs Contracto;, in SL contractual capacity, to providk an experienced znd highly qualified staff person, acceptable to the building official, to assist the Building. Official a miniram of 32 hours per week in accordance with the terms aaad csnditians hereinafter .set forth .. . . ._. . . .. . ,,--' .. . -. , ... . . _. . :. .- .-. ... - . -.. SECTION 2. CONFLICT OF TNTEEEST ~ . The Contractor expressly affirm that neither the Contractor Corporaeion OE my of its officers OF di~~tors will per€or%nt work or provide Eervides to entiti'es ather than government entities - cluring the time this contract is in forctl in order to ensure -the City that the Contractor will not have a Conflict of interest in discharging tihe work covered By this contrzc-t;. .. . The Contractor shall provide, zn experienced ad h'ighly qualified staff person satisfactory to %he Euildilig Offic-laE ta assist the Building Official a mink" of 32 hours per week and minimum 8 ho%as each day worked. Cantractar will pay all sa1Li-y and wages for the skff person including employee benefits, workman's compensation insurance zx3. general 1iabil.i ty insurznce a. - b. The staff person will perform administrative tasks for the Director including, but not limited to, special, studies, preparation of reportsP letter writing, record keeping, analysis of workload statistics and preparation of public information handouts e Perform over the counter p2a checks for poolsI patios, garages and similar residential aAterations and additions. SECTION 5. DZCISION AUTHORITY OF TXE CITY BUTLDIKG OFFICIAL The Contractor staff will perform all, work under clirecticm of and to the satisfaction of the City Building Officizl md the City Building Official has final decision authority over all'work performed by the staff person. . SECTION 6 PERFORfr'lANCE LZkISOit AN13 CRITIQB The Ci%y Building Offichl \vi11 meet et least rrron-tkly \iiti$h the Contractor to establish work hour schedules for the st.aff personD Any scheduled work fiour changes shall be agreed -to in advance by both the Con-tractor and $he Building OffkiaL.. staSf person shall be agreed Po In advance 'by both the Contractor and the Building Official. Any change in SECTIOR 7. DUTIES OF CITY .. .The City shall provide work space %or -the contractor staff person midt all materials and supplies necess&y to perform work assigned. by the Building Official, ' SECTION 8. PERFORhiXNG WORK ABOVE TIE SPZCIFXZD F!INDt7tr?\\i 'u?ORi< The designated representative of the City for this con-tractb . ., with the mutual agreement of the Contrzctor, rnay assign work above the minimum work described in Section $2 during periods of high. workload, staff vacations, staff illness, loss of %rained staff . or unforeseen events adversely impacting service deli.very. SECTION 9 CO3'IPENSATION TO THE CONTRACTOR The compensation to 2sgil Corporatian for prcrviding the staff person ivi.13. be $13.90 per hoeer'ruhictr rvilS, b, billed, monthly based on a minimum of thirty-two hours per week, contrary, no extra work shall be undertaken or compensation for extra work paid, without the prior approval of City. 'Notwithstanding any language in this agreemen*L to SECTION 10 * T1JL:ELIiESS OF PF.YhJENTS TO Ti32 CO3TRkCTOR The Contractor shall submit on the first vmrk dzy af each month h inGoice for the prior month. City shall mail . (3) I. 0 1. pay”;% of approved invoiced charges prior to the tenth work day of the month the invoice was submitted. SECTlOiL’ 3.1 a HOLD HARMLESS AGREEKIENT The CITY, its agents9 officers, arid employees shzll, not-be liable for any claims, liabilities, penalties, finesI or any’ damage to ‘goods properties or effec.%s of any pzrson whateverE nor fGr personal injury or death of any person arising out of . or resulting directly or indirectly from 2ny act, error or , omission of COiTTRACTOR or CQNTRACTOR*S agents e employees or .~- ’ representatives a ESGIL CORPU~ATIOX e its agents / officers, ’and empxayees shall any damage to goodsp properties, or effect& of any person whatever, . nor for personal injury or death of ary person arising out of . - - or resulting directly QP indirectly frcrnr any act,, error or omission of CITY or CITY’S agentss employees or represefltatives .- SECTION 12. INSURANeE CONTRACTOR shall obtain and maintain a policy of liabil-i-by insurance from an insurance company authorized La be in business in the State of California, in an insurable amount not less tha one million dollars ($1,000,000). This insurance shall be in force . during the life of this agreement and shall not be cancelled - without ten (18) days prior notice to CITY. The CITY shall be maned as i?91 additionally insured on %his policy. to the CITYr CONTRACTOR shal.1 furnish a certificate of‘ said insurance SECTION 13; EXTRA WORK CONTRACTOR, in performing his services, shall xro-kdo extra work in excess of this agreement without the written perm-ission ~f the CITY or its designated representative. SECTION 14. DURATION OF CONTRACT .. :: .. The duration of this contract commences thirty dabrs after the City approval of this contract and ex-tendk through. June. 30; 1981. The contract may be extended .far twelve months at it time if . It ' <\ *' I * . ' , the Contractor is sukssfully discharging theeties of thfs J, contract and if the designated representative of the City for this contract and the Contractor agree in writing that it would be to the mutual benefit of the City- and the Contractor to have the contract extended, Each party to the contract shall express in writing their, intention to extend or not extend the con-t;ract ninety days prLor . to the date of expiration of the contract or %he da-te of expiration to previously agreed extensions of the contract. SECTION 15 ,, FREEDOM FROM LIABILITY The Contractor staff" person when performing duties as a representative of the 3uilding Official, shall, have the freedom from Piability contained in Sections 201, 202 and. 203 of the 1979 Edition of the Uniform Building Gage an& in Section 800 and following of %&e California GovernmenC Code, IN WITNESS WEREOF, the parties herets have- executed this agreement on the day of p 1981. CITY OF CARLSSAD, a municipal corporatian of %he State of Californi; APPROVED AS TO FORM VINCENT F BIONDO, JR GGIL CORPORATION a California 8