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Home My WebLink About1990-04-17; City Council; Resolution 90-104I/ 0 0 4 1 2 3 4 5 RESOLUTION NO- 90-104 A RESOLUnON OF THE CrrY COUNCIL OF THE CrrY OF CAF WFORNM, APPROVING AN AGREEMENT BETWEEN THE ( CARLSBAD AND ESGIL CORPORATION, FOR PLAN CHECKIM SULTING SERV/CES The City Council of the City of Carlsbad, California, does hereby ret 6 f0llOWS: 7 1. That the certain agreement between the City of Carlsbad ar: ' 9 Corporation, approved by Resolution No. 6630 adopted August 4, 1081 is term 10 2. The certain agreement between the City of Carlsbad and Esgil Cor; 11 for plan checking consulting services, a copy of which is attached hereto 12 Exhibit A and made a part hereof, is hereby approved. 13 3. The Mayor of the City of Carlsbad is hereby authorized and dire 14 execute said agreement for and on behalf of the City of Carlsbad. 15 16 17 18 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Cc the City of Carlsbad held the 17th day of April , 1990, by the followi to wit: 19 I AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson 20 ABSENT= None 21 NOES: None 22 23 24 25 AmEST: 26 27 ALETHA L. RAUTENKRANZ, City Clerd -x!- 28 (SEAL) /I 0 c CON77WCT AND STAEMENT OF WORK FOR BUILDING PLAN CHECK SERVICES THIS CONTRACT is made by City of Carlsbad a Municipal corporation, here, called City and ESGIL CORPORATION, a California Corporation, hereinafter calle “Contractor“. RECITALS WHEREAS, City desires to employ the services of Contractor to provide a experienced, highly qualified staff person to work at the Cify Building lnspectio Department a minimum of 32 hours per week. WHEREAS, the City desires to improve public service and plan check waiting time by performing minor plan checks and rechecks at the Building Department counter usin Contractor’s staff. WHEREAS, the City desires to improve public setvice and Department efficiencie by using contractor staff to assist the Building Official in performing special studies ant repotts, record keeping, analysis of work load statistics, preparation of public informatior handouts, and related items. WHEREAS, the City desires to avoid the high cost of recruiting and hiring a fuh time experienced and highly qualified staff person to assist the Building Official. WHEREAS, the City wishes to avoid conflict of interest problems by contractini with a corporation that provides services exclusively to government agencies; and WHEREAS, the Cify wishes to contract for services with an entity directed b: persons experienced and knowledgeable in building code interpretation and application and 0 e WHEREAS, the two founding directors of the Contractor Corporation are bot Professional Engineers (Civil) and have each served more than twenty years in high lev( regulatory management positions in government related to building inspection an County engineer functions; and WHEREAS, the Contractor is willing to accept employment by the City for th Contractor's services in accordance with this contract. NOW, THEREFORE, in consideration of the promises and mutual covenants an agreements herein contained, it is agreed between the parties hereto as follows: SEC77ON 1. DESIGhVWON OF CONTRACTOR City does hereby appoint ESGIL CORPORATION as Contractor, in a contractu capacity, to provide an experienced and high qualified staff person, acceptable to th. Building Official, to assist the Building Official a minimum of 32 hours per week ii accordance with the terms and conditions hereinafter set forth. SECllON 2. CONFLICT OF INTEREST The Contractor expressly affirms that neither the Contractor Corporation or any c its officers, directors or employees will perform work or provide services to entities othe than government entities during the time this contract is in force in order to ensure thc City that the Contractor will not have a conflict of interest in discharging the work coverec by this contract. sEcnoiv 3. DWES OF CONTRACTOR The Contractor shall provide, an experienced and highly qualified staff perm satisfactory to the Building Official to assist the Building Official a minimum of 32 hour. per week and minimum 8 hours each day worked. Contractor will pay all salary ant wages for the staff person including employee benefits, workman's compensatiot insurance and general liability insurance. 2 e 0 SECTION 4. WORK REQUIRED BY CONTRACTOR STAFF a. The staff person will perform administrative tasks for the Building Officii including, but not limited to, special studies, preparation of reports, lettt writing, record keeping, analysis of workload statistics and preparation ( public information handouts. b. Perform over the counter plan checks for pools, patios, garages and simik residential alterations and additions, SECTION 5. DECISION AUlHORITY OF THE CITY BUILDING OFFICIAL The Contractor staff will perform all work under direction of and to the satisfactio of the City Building Official and the City Building Official has final decision authority OVE all work performed by the staff person. SECTION 6. PERFORMANCE UAlSON AND CRITIQUE The City Building Official will meet with the Contractor to establish work hoL schedules for the staff person. Any scheduled work hour changes shall be agreed to il advance by both the Contractor and the Building Official. Any change in staff persor shall be agreed to in advance by both the Contractor and the Building Official. SECTION 7. OWES OF CrrY The City shall provide work space for the Contractor staff person and all materiaL and supplies necessary to perform work assigned by the Building Official. SECllON 8. PERFORMING WORK ABOVE THE SPECIFIED MINIMUM WORK The designated representative of the City for this contract, with the mutua agreement of the Contractor, may assign work above the minimum work described it Section 9 during period of high workload, staff vacations, staff illness, loss of trained stal, or unforseen events adversely impacting setvice delivery. 3 i e 0 SECTION 9. COMPENSA77ON TO THE CONTRACTOR The compensation to ESGlL CORPORATION for providing the stat7 person will t $79.90 per hour which wil/ be billed monthly based on a minimum of thirty-two hours pl week. Notwithstanding any language in this agreement to the contrary, no extra WOI shall be undertaken or compensation for extra work paid, without the prior approval I City. SECTION 10. TIMELINESS OF PAYMENTS TO THE CONTRACTOR The Contractor shall submit on the first work day of each month an invoice forth prior month. City shall mail payment of approved invoiced charges prior to the ten1 work day of the month the invoice was submitted. SECTION 11. HOLD HARMLESS AGREEMENT The City, its agents, officers, and employees shall not be liable for any claima liabilities, penalties, fines, or any damage to goods, properties, or effects of any perso, whatever, nor for personal injuw or death of any person arising out of or resulting direct1 or indirectly from any act, error or omission of Contractor or Contractor’s agents employees or representatives. ESGlL CORPORATION, its agents, officers, and employees shall not be liable fo any claims, liabilities, penalties, fines or any damage to goods, propefljes, or effects c any person whatever, nor for personal injury or death of any person arising out of ol resulting directly or indirectly from any act, error or omission of City or City’s agents employees or representatives. 4 e 0 SEC77ON 12. INSURANCE Contractor shall obtain and maintain a policy of liability insurance from c insurance company authorized to be in business in the State of California, in an insurab amount not less than one million dollars ($7,000,000). This insurance shall be in forc during the life of this agreement and shall not be canceled without ten (70) days pric notice to Cify. The City shall be named as an additionally insured on this policy. Contractor sh; furnish a certificate of said insurance to the City. SECT!ON 13. MTRA WORK Contractor, in performing his services, shall not do extra work in excess of thi agreement without the written permission of the City or its designated representative. SEC77ON 14. DURA77ON OF CONTRACT Thee duration of this contract shall be three (3) years or 36 months from the datr of City Council approval. Each patty to the contract shall express in writing their intention to extend or nc to extend the contract ninety days prior to the date of expiration of the contract or tht date of expiration to previously agreed extensions of the contract. S€CTlON 15. FREEDOM FROM UABIUry The Contractor staff person when performing duties as a representative of tht Building Official shall have the freedom from liability contained in Sections 207, 202 anc 203 of the 7988 Edition of the Uniform Building Code and in Section 800 and followins of the California Government Code. 5 IN WITNESS WH T REOF, the parties hereto have executed e this agreement on tl day of , 1990. AnEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM VINCENT F. BlON DO, JR. City Attorney BY /@&?A7 r 1 CIN OF CARLSBAD, a munici6 corporation of the State California BY CLAUDE A. LEWIS, Mayor ESGIL CWRPOR4l7ON, a W&~T Corporation 6 ~&q),) && $&& i & By J'AMES J~SE&H GILSHIA. Co 'factor 1 VICE-PRESIDI 7 6