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Home My WebLink About1980-08-19; City Council; Resolution 6280s 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 R-ESOLUTION NO. 6280 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 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. The certain agreement between the City of Carlsbad and ESGIL, CORPORATION for plan checking consulting services, a copy of which is attached hereto marked Exhibit A and made a part hereof, is hereby approved. The Mayor of the City of Carlsbad is hereby authorized and directed 2. to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held the 19th day of August , 1980, by the following vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES: None ABSENT: None ATTEST: (SEAL) RONALD C. PACKARD, MAYOR 1. c 0 CONTRACT AND STATEMENT OF EXHIBIT A TO CITY COUNCIL RESOLUTION WORK FOR BUILDING PLAN CHECK SERVICES THIS CONTRACT is made by City of Carlsbad a Municipal corporation, herein called City and ESGIL CORPORATION, a California Corporation, hereinafter called "Contractor". RECITALS to provide an experienced, highly qualified staff person to work at the City Building Inspection Department a minimum of 32 hours per week check waiting times by performing-minor plan checks and rechecks at the Building Department counter using Contractor's staff. Department efficiencies by using contractor staff to assist the Director in performing special studies and reports, record keeping, analysis of work load statistics, preparation of public infomzitior? hzadcuts and related items . 'WHEREAS, the City desires to avoid the high cost of recruiting and hiring person to assist the Director. WHEREAS, the City wishes to avoid conflict of interest problems by contracting with a corporation that provides services exclusively to government agencies; and entity directed by persons experienced and knowledgeable in building code interpretation and application; and Il\rY;EREAS, the two founding directors of -the Contractort Corporation are both hofessional Engineers (Civil) and have served fifteen and thirteen years in high level regulatory management positions in government related to building inspection and County engineer functions; and the City for the Contractor's services in accordance with this WHEREAS, City desires to employ the services of Contractor WHEREAS, the City desires to improve public service and plan VXEREAS, the City desires to improve public service and -1 a full-time experienced and highly qualified staff WHBREAS, the City wishes to contract for services with an WEREAS, the Contractor is willing to accept employment by contract. \ NOW, THEREFORE, in consideration of the promises and mutual covenants and agreements herein contained, it is agreed between - .. .. . .. . . .. , .. . .. .- .. .. .. .. . .. ... - . . .,. . - ... . - .. .. . . . . . . . . . . . . ._ . the parties hereto as follows: SECTION I, DESIGNATION OF CONT8ACTOR City does hereby appoint ESGIL CORPORATION as Contractor, in a contractual capacity, to provide an experienced and highly qualified staff personp acceptable to the building official, to assist the Building Official a minimum of 32 hours per week in accordance with the terms and conditions hereinafter set forth.. . SECTION 2. CONFLICT OF INTEREST The Contractor expressly affirms that neither the Contractor Corporation OF any of its officers or directors will perform work or provide services to entities other than government entities during the time this contract is in force in order to ensure %he City that the Contractor will not have a conflict of interest In discharging the work covered by this contract. SECI.ION 3. DUTIES OF COWTRACTOR Ti-te Contractor shall provide, an experienced and highly qualified staff person satisfactory %Q ~e Building Official to assist the Building Official a minimum of 32 hours per week and mini" 8 hours each day worked. Contractor will pay all salary and wages for the staff person including employee benefits, workmm's compensation insurance and general liability insurance. SECTION 4. WORK REQUIRED BY CQRTRACTOR STAFF .a b. The staff person will perform administrative tasks for tke 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. * Perfom over the counter plan checks for pools, patios, garages and similar residential alterations and additions. SECTION 5. DECISION AUTHORITY OF THE CITY BUILDIXG OFFICIAL and to the satisfaction of the City Building Official and fne City Building Official has firial d.ecision authority over all work The Contractor staff will perform all work under direction of performed by the staff person. SECTION 6. PERFORPIAXCE LIAISON AND CRITIQW The City Building Official will meet at least monthly with the Contractor to estzblish work hour schedules for the staff person. Any scheduled work hour changes shall be agreed to in advance by both the Contractor and the Building Official. Any change in staff person shall be agreed to in advance by both the Contractor and the Building Official. SECTION 7. 'DUTIES OF CITY The City shall provide work space for the'contractor staff person and all materials and supplies necessary to perform work assigned by the Building Official. S.ECTLON 8 e PERFORNING WORK ABOVE THE SPECIPIZD TUIPNINUM IiJORK . The designated representative of the City for this contract, with the mutual agreement of the Contractor, may assign work above the minhwn work described in Section 9 during periods of high workload, staff vacations, staff illness, loss of trained staff OF unforeseen events adversely impacting service delivery. SECTION 9. COINPENSATION TO THE CONTRACTOR The compensation to Esgil Corporation for providing the staff person will be $17.61 per hour which will be 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 my language in this agreement to the - The Contractor shall submit on the first work day of each month an invoice for the prior month. City shall mail 4. payment of approved invoiced charges prior to the tenth work day of the month the invoice was submitted. SECTION 11. HOLD HARIb'ILESS AGREEMENT The CITY, its agents, officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goodsI properties, or effects of any person whatever, nor for personal injury or death of any personsarising out of . or resulting directly or indirectly from any act, error or omission of CONTRACTOR or CONTRACTOR'S agents, employees or re pre s en tativ e s . not be liable for any claims, liabilities, penalties, fines or any damage to goods, properties, or effects of any person whatever, nor for personal injury or death of any person arising out of or resulting directly or indirectly from any act, error or omission of CITY or CITY'S agents, employees or representatives. ESGIL CORPORATION, its agents, officers, and employees shall SECTION 12. INSURANCE CONTRACTOR shall obtain and maintain a policy of liability insurance from iw insurance company authorized to be in business in the State of California, in an insurable amount not less than 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 (IO) days prior notice to CITY. The CITY shall be named a? an additionally CONTRACTOR shall furnish a certificate policy. to the CITY. insured on this of said insurance SECTION 13. EXTRA WORK CONTRACTOR, in performing his services, shall not do extra work in excess of this agreement without the written permission of the CITY or its designated representative. SECTION 14. DURATION OF CONTRACT The duration of this contract commences thirty days aSter the City approval of this contract and extends through June 30, 1981. The contract may be extended for twelve months at a time if .. *. I* the Contractor is successfully discharging the duties of this 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 contract ninety days prior to the date of expiration of the contract or the date of expiration to previously agreed extensions- of the contract. SECTION 15. FREEDON FROM. LIABILITY representative of the Building Official shall hzve -the free- dom from liability contained in Sections 201, 202 and 203 of the 1979 Edition of the Uniform Building Code and in Section 800 and following of the California Government Code. The Contractor staff person when performing duties as a I "- - - -- - IN WITNESS KHEREOF, the parties hereto have executed this agreement cn the , day of , 1980. ATTES T : City Clerk J CITY OF CARLSBAD, 2 municipal corporation of the State of California Xayor ESGIL Corporation, a California Corporation BY Contractor City Attorney