HomeMy WebLinkAboutC21441B Extension California Code Check - Plan Review ServicesREQUEST:
CITY OF PALM DESERT
BUILDING & SAFETY DEPARTMENT
STAFF REPORT
By Minute Motion approve the First Amendment to the Agreement
for contract plan review services with Califomia Code Check of
Newbury Park, California. This Amendment extends the term of
services for one year — July 1, 2004 to June 30, 2005.
SUBMITTED BY: Amir (Ali) Hamidzadeh, Acting Director of Building and Safety
CONTRACTOR: Tom Harris, President
Califomia Code Check
2393 Teller Road, Suite 108
Newbury Park, Califomia 91320
DATE: June 24,2004
CONTENTS: Contract Extension Letter — May 20, 2004
Contract No. C21440-B
Scope of Services
Recommendation:
By Minute Motion approve the First Amendment to the Agreement for Contract
Plan Review Services with California Code Check of Newbury Park, California.
This Amendment extends the term of services for one year — July 1, 2004 to
June 30, 2005, Contract No. C21440-B.
Background:
Contract No. C21440-B was awarded by City Council to Califomia Code Check of
Newbury Park, Califomia on June 26, 2003. California Code Check Corporation has
agreed, by letter of extension dated May 20, 2004, to continue to provide the same plan
review services as outlined in Scope of Services (page 14 of the attached contract), with
no change in service costs. The term of the extension is from July 1, 2004 through
June 30, 2005.
Funds are available in Account No. 110-4420-422-30-10.
G:1BIdgSfty\Mary Clark\Wpdocs\Contracts\Plan Review Services - CA Code
Check\StaffReportPlan ReviewExtension2004CACodeCheck.dot
Staff Report
First Amendment to the Agreement for Plan Review Services, Contract No. C19121-B
California Code Check
June 24, 2004
Page 2.
Therefore, staff recommends that City Council, by Minute Motion, approve the First
Amendment for Contract Plan Review Services with California Code Check.
Submitted By:
A it (Ali) Hamidzadeh
Acting Director of Build4rfg and Safety
Reviewed:
Dave Erwin, City Attorney
Paul Gibson, Director of Finance
Approval;
Carlos Ortega, y Manager
Reviewed an
Homer Croy,
for Develop
oncu
sistant City Manager
Services
JUN-07-04 12,05 FROM,CTY PALM DBT BLDC & SAPTV ID,760776R392
PAGE
2/2
May 20, 2004
CITY ur H1L IIESERT
73-510 FREo WARING DRIVE .
PALM DUERT. CALIFORNIA 92360—a578
TWA y6o 346-061 i
PAX; 760 341-7098
1efoOp im-deurr.org
Charles Harris
California Code Check
2393 Teller Road, Suite 108
Newbury Park. California 91320
RE: Contract No. C214404B — Plan Review Services Agreement— Extension
Dear Mr. Harris:
The above referenced Agreement for contract services.
Building and Safety Department, expires an June 30, for the City of ER Desert
Agreement for Plan Review Services, we would like to extend the g the , TERM until
l June
the
30, 2005, with no change in review costs. Please sign and retum this extension for
contract services, if you concur.
1 would like to take this opportunity to thank you and
review services, and look forward to our continued professional ur staff �tioenship.e Ifplan
you
have any questions, please don't hesitate to Call me at (760) 776-6420.
Sincerely,
Amir (Ali) Hamidxadeh
Director of Building and Safety
AH:mc
Acknowledge:
CALIFORNIA CODE CHECK
Signature:
Print Name:
Pie e s ‘t cj
Date: Co —
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CITYOFPRLDESERT
73-5I0 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346-061 I
FAX: 760 340-0574
info@palm-deserc.org
July 9, 2003
California Code Check
2393 Teller Road, Suite 108
Newbury Park, California 91320
Dear Sir or Madam:
Subject: Contract No. C21440-B - Professional Services for Building
Plan Review Services for Fiscal Year 2003/04
At its regular meeting of June 26, 2003, the Palm Desert City Council, by Minute Motion,
approved the subject Agreement with California Code Check, Newbury Park, California,
beginning on July 1, 2003, and ending June 30, 2004, and authorized the Mayor to
execute same.
Enclosed is a copy of the fully executed Agreement for your records. If you have any
questions or require any additional information, please do not hesitate to contact us.
Sincerely,
RACHELLE D. KLASSEN, CMC
CITY CLERK
RDK:mgm
Enclosure (as noted)
cc: Amir Hamidzadeh, Director of Building and Safety
Finance Department
Contract No. C21440B
AGREEMENT FOR PLAN REVIEW SERVICES
THIS AGREEMENT for contract plan review services is made and entered into in the City of
Palm Desert on this 26th day of June, 2003, by and between the CITY OF PALM DESERT, a
municipal corporation, hereinafter referred to as "CITY" and CALIFORNIA CODE CHECK,
hereinafter referred to as CONTRACTOR. (The term contractor includes professionals performing
in a consulting capacity.)
WITNESSETH:
WHEREAS, on June 2, 2003, CITY requested proposals from companies to provide
comprehensive plan review for conformance to the model codes and state law in the following areas
of Title 24: structural, architectural, electrical, plumbing, mechanical, physically disabled laws, and
energy codes.
WHEREAS, pursuant to said invitation, CONTRACTOR submitted a proposal, which was
accepted by CITY for said services.
NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants
hereinafter contained, the parties hereto agree as follows:
(1)
TERM. The term of this Agreement shall be from July 1, 2003 through June 30,
2004, or such later date as may be agreed between parties, up to a one-year
maximum.
(2) NOTICES. Consultant shall deliver all notices and other writings required to be
delivered under the Agreement to City at the address set forth in "General
Provisions". The City shall deliver all notices and other writing required to be
delivered to contractor at the address set forth following consultant's signature below.
(3)
ATTACHMENTS.
This Agreement incorporates by reference the following attachments to this
Agreement:
General Provisions
Special Provisions
Scope of Service
(4) INTEGRATION.
This Agreement represents the entire understanding of City and Contractor as to
those matters contained herein. No prior oral or written understanding shall be of any
force or effect with regard to those matters covered by this Agreement. This
Agreement supersedes and cancels any and all previous negotiations, arrangements,
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Contract No. C21440B
(5)
agreements, and understandings, if any, between the parties, and none shall be used
to interpret this Agreement.
AUTHORITY TO EXECUTE AGREEMENT. Both CITY and CONTRACTOR
do covenant that each individual executing this Agreement on behalf of each party is
a person duly authorized.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the
day and year first hereinabove written.
CITY OF PALM DESERT
A Municipal Corporation
44,
AN M. BENS •N, MAYOR
ITY OF PALM DESERT, CALIFORNIA
ATTEST:
RAC I ELLE KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
'CONTRACTOR
Califomia Code Check
siLhivt)(4
(Signature 7 be notarized)
2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of � IZ-I Lt. ``rl
On 7 - .3 •(.3 , before me,
Date
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personally appeared ( 1 H r`.rS
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PAM J. WHITE
COMM. # 1338351
NOTARY PUBLIC-CALIFORNIA 0
VENTURA COUNTY 0
COMM. EXP. FEB. 7. 2006 'r1
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evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS Viand and off ial se
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OPTIONAL
Signatu/e of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: f Cj t r v t F ��-
Document Date:
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Signer(s) Other Than Named Above:
Number of Pages:
Capacity(ies) Claimed by Signer
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❑ Partner — Limited 0 General
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❑ Trustee
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Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
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1997 Naaonal Notary Association • 9350 De Soto Ave PO Boo 2402 • Chatswortn. CA 91313-2402 Prod No. 5907 Reorder. Cali rob Free 1.800-876-6827
Contract No. C21440B
GENERAL PROVISIONS
SECTION ONE: SERVICES OF CONTRACTOR
1.1 Scope of Services: In compliance with all terms and conditions of this Agreement,
Contractor shall provide the goods and/or services shown on Part IV hereto ("Scope of
Services"), which may be referred to herein as the "services" or the "work." if this
Agreement is for the provision of goods, supplies, equipment or personal property, the
terms "services" and "work" shall include the provision (and, if designated in the Scope
of Services, the installation) of such goods, supplies, equipment or personal property.
1.2 Changes and Additions to Scope of Services: City shall have the right at any time
during the performance of the services, without invalidating this Agreement, to order
extra work beyond that specified in the Scope of Services or make changes by altering,
adding to, or deducting from said work. No such work shall be undertaken unless a
written order is first given by City to Contractor, incorporating therein any adjustment in
(I) the Budget, and/or (ii) the time to perform this Agreement, which adjustments are
subject to the written approval of the Contractor. It is expressly understood by
Contractor that the provisions of this Section 1.2 shall not apply to services specifically
set forth in the Scope f Services or reasonably contemplated therein. Contractor hereby
acknowledges that is accepts the risk that the services to be provided pursuant to the
Scope of Services may be more costly or time consuming than Contractor anticipates and
that Contractor shall not be entitled to additional compensation therefore.
1.3 Standard of Performance: Contractor agrees that all services shall be performed in a
competent, professional, and satisfactory manner in accordance, with the standards
prevalent in the industry, and that all goods, materials, equipment or personal property
included within the services herein shall be of good quality, fit for the purpose intended.
1.4 Performance to Satisfaction of City: Contractor agrees to perform all work to the
satisfaction of City within the time specified. If City reasonably determines that the work
is not satisfactory, City shall have the right to take appropriate action, including but not
limited to: (I) meeting with Contractor to review the quality of the work and resolve
matters of concern; (ii) requiring Contractor to repeat unsatisfactory work at no
additional charge until it is satisfactory; (iii) suspending the delivery of work to
Contractor for an indefinite time; (iv) withholding payment; and (v) terminating this
Agreement as hereinafter set forth.
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Contract No. C21440B
1.5 Instructions from City: In the performance of this Agreement, Contractor shall report
and receive instructions from the City's Representative designated in this Agreement.
Tasks or services other than specifically described in the Scope of Services shall not be
performed without the prior written approval of the City's representative.
1.6 Familiarity with Work: By executing this Agreement, Contractor warrants that
Contractor (i) has thoroughly investigated and considered the scope of services to be
performed, (ii) has carefully considered how the services should be performed, and (iii)
fully understands the facilities, difficulties, and restrictions attending performance of the
services under the Agreement.
If the services involve work upon any site, Contractor warrants that Contractor has or
will investigate the site and is or will be fully acquainted with the conditions there
existing, prior to commencement of services hereunder. Should the Contractor
discover any conditions, including any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Contractor shall
immediately inform the City of such fact and shall not proceed except at Contractor's
risk until written instructions are received from the City's Representative.
1.7 Prohibition Against Subcontracting of Assignment: Contractor shall not contract
with any other entity to perform in whole or in part the services required hereunder
without the express written approval of City. In addition, neither the Agreement nor
any interest herein may be transferred, assigned, conveyed, hypothecated, or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or
otherwise, without the prior written approval of City. In the event of any unapproved
transfer, including any bankruptcy proceeding, City may void the Agreement at City's
option in its sole and absolute discretion. No approved transfer shall release any
surety of Contractor of any liability hereunder without the express consent of City.
1.8 Compensation: Contractor shall be compensated as follows:
A. California Code Check can provide complete plan review services for 75% of
the plan check fee charged by the city for projects with a valuation under
$1,000,000.
B. California Code Check's fee is reduced to 65% of city fee with valuation over
$1,000,000.
C. There is no additional charge for California Code Check engineers to be
available for telephone calls and counter meetings with applicants or City
Staff regarding specific projects. "We are always available for
teleconferences with City Staff to keep open lines of communication or to
4
Contract No. C21440B
consult (be a "sounding board") for the progressive and ever changing
building designs."
D. Special projects assigned by the Building Official can be performed for
$100.00 per hour of plan review time. (i.e. deferred submittals, trusses,
awnings, etc.)
E. Accelerated plan reviews: 1.) Should the Building Official request an
accelerated plan review, California Code Check will strive to satisfy requests
for no additional charge; 2.) On a case -by -case basis, should Applicant's
request accelerated plan review, with approval of the Building Official,
California Code Check will strive to satisfy reduced time constraints for cost
of 1 `/2 times the normal plan check fee.
SECTION TWO: INSURANCE AND INDEMNIFICATION
2.1 Insurance: Without limiting Contractor's indemnification obligations, Contractor
shall procure and maintain, at its sole cost and for the duration of this Agreement,
insurance coverage as provided below, against all claims for injuries against persons
or damages to property which may arise from or in connection with the performance
of this work hereunder by Contractor, its agents, representatives, employees, and/or
subcontractors. In the event that Contractor subcontracts any portion of the work in
compliance with Section 1.7 of this Agreement, the contract between the Contractor
and such subcontractor shall require the subcontractor to maintain the same policies
of insurance that the contractor is required to maintain pursuant to this Section 2.1.
2.1.1 Insurance Coverage Required: The policies and amounts of insurance required
hereunder shall be as follows:
General Liability: (including premises and operations, contractual liability,
personal injury, independent contractors liability); One Million Dollars
($1,000,000) single limit, per occurrence. If commercial general liability
insurance or other form with a general aggregate limit is used, either the
general aggregate shall apply separately to this project, or the general
aggregate limit shall be three times the occurrence limit.
ii. Automobile Liability (including owned, non -owned, leased, and hired autos):
One Million Dollars ($1,000,000) single limit, per occurrence for bodily
injury and property damage.
iii. Workers Compensation and Employer's Liability: Workers Compensation
Insurance (if Contractor is required to have) in an amount required by the
laws of the State of California and Employer's Liability Insurance in the
amount of One Million Dollar (S1,000,000) per occurrence for injuries
5
Contract No. C21440B
incurred in providing services under this Agreement.
iv. Professional Liability (covering errors and omissions):One Million Dollars
($1,000,000) per occurrence.
v. Other Insurance: Such other policies of insurance as may be required in
"Special Provisions".
2.1.2. General Requirements. All of Contractor's insurance:
(1) Shall name the City, and its officers, officials, employees, agents,
representatives and volunteers (collectively hereinafter "City and City
Personnel") as additional insured and contain no special limitations on the
scope of protection afforded to City and City Personnel;
(2) Shall be primary insurance and any insurance or self-insurance maintained by
City or City Personnel shall be in excess of Contractor's insurance and shall
not contribute with it.
(3) Shall be "occurrence" rather than "claims made" insurance;
(4) Shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
(5) Shall be endorsed to state that the insurer shall waive all rights of subrogation
against City and City Personnel;
(6) Shall be written by good and solvent insurer(s) admitted to do business in the
State of California and approved in writing by City; and
(7) Shall be endorsed to state that coverage shall not be suspended, voided,
cancelled, reduced in coverage or in limits, non -renewed, or materially
changed for any reason, without thirty (30) days prior written notice thereof
given by the insurer to City by U.S. mail, certified, or by personal delivery.
2.1.3. Deductibles:
Any deductibles of self -insured retentions must be declared to and approved by City
prior to the execution of this Agreement by City.
2.1.4. Evidence of Coverage:
Contractor shall furnish City with certificates of insurance demonstrating the
6
Contract No. C21440B
coverage required by this Agreement which shall be received and approved by City
not less than five (5) working days before work commences.
2.1.5. Workers Compensation Insurance:
If Contractor is required to provide Worker's Compensation Insurance, Contractor
shall file with City the following signed certification:
"I am aware of, and will comply with, Divisions 4 and 5 of the
California Labor Code by securing, paying for, and
maintaining in full force and effect for the duration of the
contract, complete "Worker's Compensation Insurance, and
shall furnish a Certificate of Insurance to City before
execution of the Agreement."
In the event Contractor has no employees requiring Contractor to provide Worker's
Compensation Insurance, Contractor shall so certify to City in writing prior to City's
execution of this Agreement. City and City Personnel shall not be responsible for
any claims in law or equity occasioned by failure of the Contractor to comply with
this section or with the provisions of law relating to. Worker's Compensation.
2.2 Indemnification:
Contractor shall indemnify, defend, and hold City and City Personnel harmless from
and against any and all actions, suits, claims, demands, judgments, attorney's fees,
costs, damages to persons or property, losses, penalties, obligations, expenses or
liabilities (herein "claims" or "liabilities") that may be asserted or claimed by any
person or entity arising out of the willful or negligent acts, errors or omissions of
Contractor, its employees, agents, representatives or subcontractors in the
performance of any tasks or services for or on behalf of City, whether or not there is
concurrent active or passive negligence on the part of City and/or City Personnel, but
excluding such claims or liabilities arising from the sole active negligence or willful
misconduct of City or City Personnel. In connection therewith:
2.2.1 Contractor shall defend any action or actions filed in connection with any such
claims or liabilities, and shall pay all costs and expenses, including attorney's fees
incurred in connection therewith.
2.2.2. Contractor shall promptly pay any judgment rendered against City or any City
Personnel for any such claims or liabilities.
2.2.3 In the event City and/or any City Personnel is made a party to any action or proceeding filed
or prosecuted for any such damages or other claims arising out of or
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Contract No. C21440B
in connection with the negligent performance or a failure to perform the work or
activities of Contractor, Contractor shall pay to City any and all costs and expenses
incurred by City or City Personnel in such action or proceeding, together with
reasonable attorney's fees and expert witness fees.
SECTION THREE: LEGAL RELATIONS AND RESPONSIBILITIES
3.1 Compliance with Laws:
Contractor shall keep itself fully informed of all existing and future state and federal
laws and all county and city ordinances and regulations which in any manner affect
those employed by or it or in any way affect the performance of services pursuant to
this Agreement. Contractor shall at all times observe and comply with all such laws,
ordinances, and regulations and shall be responsible for the compliance of all work
and services performed by or on behalf of Contractor. When applicable, Contractor
shall not pay less than the prevailing wage, which rate is determined by the Director
of Industrial Relations of the State of California.
3.2 Licenses, Permits, Fees, and Assessments:
Contractor shall obtain at its sole cost and expenses all licenses, permits, and
approvals that may be required by law for the performance of the services required by
this Agreement. Contractor shall have the sole obligation to pay any fees,
assessments, and taxes, plus applicable penalties and interest, which may be imposed
by law and arise from or are necessary for Contractor's performance of the services
required by this Agreement, and shall indemnify, defend, and hold harmless City
against any such fees, assessments, taxes, penalties, or interest levied, assessed, or
imposed against City thereunder.
3.3 Covenant Against Discrimination:
Contractor covenants for itself, its heirs, executors, assigns, and all persons claiming
under or through it, that there shall be no discrimination against any person on
account or race, color, creed, religion, sex, marital status, national origin, or ancestry,
in the performance of this Agreement. Contractor further covenants and agrees to
comply with the terms of the Americans with Disabilities Act of 1990 (42 U.S.C. §
12101 et. seq.) as the same may be amended from time to time.
3.4 Independent Contractor:
Contractor shall perform all services required herein as an independent contractor of
City and shall remain at all times as to City a wholly independent contractor. City
shall not in any way or for any purpose become or be deemed to be a partner of
Contractor in its business or otherwise, or a joint venture, or a member of any joint
enterprise with Contractor. Contractor shall not at any time or in any manner
represent that it or any of its agents or employees are agents or employees of City.
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Contract No. C21440B
Neither Contractor nor any of Contractor's employees shall, at any time, or in any
way, be entitled to any sick leave, vacation, retirement, or other fringe benefits from
the City; and neither Contractor nor any of its employees shall be paid by City time
and one-half for working in excess of forth (40) hours in any one week. City is under
no obligation to withhold State and Federal tax deductions from Contractor's
compensation. Neither Contractor nor any of Contractor's employees shall be
included in the competitive service, have any property right to any position, or any of
the rights an employee may have in the event of termination of this Agreement.
3.5 Use of Patented Materials:
Contractor shall assume all costs arising from the use of patented or copyrighted
materials, including but not limited to equipment, devices, processes, and software
programs, used or incorporated in the services or work performed by Contractor
under this Agreement. Contractor shall indemnify, defend, and save the City harmless
from any and all suits, actions or proceedings of every nature for or on account of the
use of any patented or copyrighted materials.
3.6 Proprietary Information:
All proprietary information developed specifically for City by Contractor in
connection with, or resulting from, this Agreement, including but not limited to
inventions, discoveries, improvements, copyrights, patents, maps, reports, textual
material, or software programs, but not including Contractor's underlying materials,
software, or know-how, shall be the sole and exclusive property of City, and are
confidential and shall not be made available to any person or entity without the prior
written approval of City. Contractor agrees that the compensation to be paid
pursuant to this Agreement includes adequate and sufficient compensation for any
proprietary information developed in connection with or resulting from the
performance of Contractor's services under this Agreement. Contractor further
understands agrees that full disclosure of all proprietary information developed in
connection with, or resulting from, the performance of services by Contractor under
this Agreement shall be made to City, and that Contractor shall do all things
necessary and proper to perfect and maintain ownership of such proprietary
information by City.
3.7 Retention of Funds:
Contractor hereby authorizes City to deduct from any amount payable to Contractor
(whether arising out of this Agreement or otherwise) any amounts the payment of
which may be in dispute hereunder or which are necessary to compensate City for
any losses, costs, liabilities, or damages suffered by City, and all amounts for which
City may be liable to third parties, by reason of Contractor's negligent acts, errors, or
omissions, or willful misconduct, in performing or failing to perform Contractor's
9
Contract No. C21440B
obligations under this Agreement. City in its sole and absolute discretion, may
withhold from any payment due Contractor, without liability for interest, an amount
sufficient to cover such claim or any resulting lien. The failure of City to exercise
such right to deduct or withhold shall not act as a waiver of Contractor's obligation to
pay City any sums Contractor owes City.
3.8 Termination by City:
City reserves the right to terminate this Agreement at anytime, with or without cause,
upon written notice to Contractor. Upon receipt of any notice of termination from
City, Contractor shall immediately cease all services hereunder except such as may
be specifically approved in writing by City. Contractor shall be entitled to
compensation for all services rendered prior to receipt of City's notice of termination
and for any services authorized in writing by City thereafter. If termination is due to
the failure of Contractor to fulfill its obligations under this Agreement, City may take
over the work and prosecute the same to completion by contract or otherwise, and
Contract shall be liable to the extent that the total cost for completion of the services
required hereunder, including costs incurred by City in retaining a replacement
contractor and similar expenses, exceeds the Budget.
3.9 Right to Stop Work: Termination by Contractor:
Contractor shall have the right to stop work only if City fails to timely make a
payment required under the terms of the Budget. Contractor may terminate this
Agreement only for cause, upon thirty (30) days' prior written notice to City.
Contractor shall immediately cease all services hereunder as of the date Contractor's
notice of termination is sent to City, except such services as may be specifically
approved in writing by City. Contractor shall be entitled to compensation for all
services rendered prior to the date notice of termination is sent to City and for any
services authorized in writing by City thereafter. If Contractor terminates this
Agreement because of an error, omission, or a fault of Contractor, or Contractor's
willful misconduct, the terms of Section 3.8 relating to City's right to take over and
finish the work and Contractor's liability therefor shall apply.
3.10 Waiver:
No delay or omission in the exercise of any right or remedy by a nondefaulting.party
on any default shall impair such right or remedy or be construed as a waiver. A
party's consent to or approval of any act by the other party requiring the party's
consent or approval shall not be deemed to waive or render unnecessary the other
party's consent to or approval of any subsequent act. Any waiver by either party of
any default must be in writing.
3.11 Legal Actions:
Legal actions concerning any dispute, claim, or matter arising out of or in relation to
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Contract No. C21440B
3.12
this Agreement shall be instituted an maintained in the Municipal and Superior
Courts of the State of California in the County of Riverside, or in any other
appropriate court with jurisdiction in such County, and Contractor agrees to submit to
the personal jurisdiction of such court.
Rights and Remedies are Cumulative:
The rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the
same or different times, of any other rights or remedies for the same default or any
other default by the other party.
3.13 Attorneys' Fees:
In any action between the parties hereto seeking enforcement of any of the terms or
provisions of this Agreement or in connection with the performance of the work
hereunder, the party prevailing in the final judgment in such action or proceeding, in
addition to any other relief which may be granted, shall be entitled to have an recover
from the other party its reasonable costs and expenses, including, but not limited to,
reasonable attorney's fees, expert witness fees, and courts costs. If either party to this
Agreement is required to initiate or defend litigation with a third party because of the
violation of any term of provision of this Agreement by the other party, then the party
so litigating shall be entitled to its reasonable attorney's fees and costs from the other
party to this Agreement.
3.14 Force Majeure:
The time period specified in this Agreement for performance of services shall be
extended because of any delays due to unforeseeable causes beyond the control and
without the fault or negligence of City or Contractor, including, but not restricted to,
acts of God or of the public enemy, unusually severe weather, fires, earthquakes,
floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including City, if the delaying
party shall within ten (10) days of the commencement of such delay notify the other
party in writing of the causes of the delay. If Contractor is the delaying party, City
shall ascertain the facts and the extent of delay, and extend the time for performing
the services for the period of the enforced delay when and if in the judgment of such
delay is justified. City's determination shall be final and conclusive upon the parties
to this Agreement. In no event shall Contractor be entitled to recover damages
against City for any delay in the performance of this Agreement, however caused.
Contractor's sole remedy shall be extension of this Agreement pursuant to this
Section 3.14.
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Contract No. C21440B
3.15 Non -Liability of City Officers and Employees:
No officer, official, employee, agent, representative, or volunteer of City shall be
personally liable to Contractor, or any successor in interest, in the event of any
default or breach by City, or for any amount which may become due to Contractor or
its successor, or for breach of any obligation of the terms of this Agreement.
3.16 Conflict of Interest.
No officer, official, employee, agent, representative , or volunteer of City shall have
any financial interest, direct or indirect, in this Agreement, or participate in any
decision relating to this Agreement which affects his or her financial interest -or the
financial interest of any corporation, partnership, or association in which he or she
is interested, in violation of any Federal, State, or City statue, ordinance, or
regulation. The Contractor shall not employ any such person while this Agreement is
in effect.
SECTION FOUR: MISCELLANEOUS PROVISION
4.1 Records and Reports:
Upon request by City, Contractor shall prepare and submit to City and reports
concerning Contractor's performance of the services rendered under this Agreement.
City shall have access, upon reasonable notice,. to the books and records of
Contractor related to Contractor's performance of this Agreement in the event any
audit is required. All drawings, documents, and other materials prepared by
Contractor in the performance of this Agreement (i) shall be theproperty of City and
shall be delivered at no cost to City upon request of City or upon the termination of
this Agreement, and (ii) are confidential and shall not be made available to any
individual or entity without prior written approval of City. Contractor shall keep and
maintain all records and reports related to this Agreement for a period of three (3)
years following termination of this Agreement, and City shall have access to such
records in the event any audit is required.
4.2 Notices.
Unless otherwise provided herein, all notices required to be delivered under this
Agreement or under applicable law shall be personally delivered, or delivered by
United States mail, prepaid, certified, retum receipt requested, or by reputable
document delivery service that provides showing date and time of delivery. Notices
personally delivered or delivered by a document delivery service shall be effective
upon receipt. Notices delivered by mail shall be effective at 5:00 p.m. on the second
calendar day following dispatch. Notices to the City shall be delivered to the
following address:
OFFICE OF THE CITY CLERK
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
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Contract No. C7 1440R
Notices to Contractor shall be delivered to the address set forth below:
California Code Check
2393 Teller Road, Suite 108
Newbury Park, CA 91320
4.3 Construction and Amendments:
The terms of this Agreement shall be construed in accordance with the meaning of
the language used and shall not be construed for or against either party by reason of
the authorship of this Agreement or any other rule of construction which -night
otherwise apply. The headings of sections and paragraphs of this Agreement are for
convenience or reference only, and shall not be construed to limit or extend the
meaning of the terms, covenants and conditions of this Agreement. This Agreement
may only be amended by the mutual consent of the parties by an instrument in
writing.
4.4 Severability:
Each provision of this Agreement shall be severable from the whole. If any provision
of this Agreement shall be found contrary to law, the remainder of this Agreement
shall continue in full force.
4.5 Authority:
The person(s) executing this Agreement on behalf of the parties hereto warrant that
(i) such party is duly organized and existing (ii) they are duly authorized to execute
and deliver this Agreement on behalf of said party, (iii) by so executing this
Agreement, such party is formally bound to the provisions of this Agreement, and
(iv) the entering into this Agreement does not violate any provision of any other
Agreement to which said party is bound.
4.6 Special Provisions:
Any additional or supplementary provisions or modifications or alterations of these
General Provisions shall be set forth in this Agreement ("Special Provisions").
4.7 Precedence:
In the event of any discrepancy between "Terms", "General Provisions", "Special
Provisions", and/or "Scope of Services", "Special Provisions" shall take precedence
and prevail.
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Contract No. C21440B
SPECIAL PROVISIONS
1. Replace "Contractor" with "Consultant" throughout the Agreement.
2. Add the following Section 1.5:
In all cases where staff are provided to City to perform any part of the Scope of Services,
each and every qualified person from Contractor providing such services will be required to
be reviewed and certified for such service in writing by the City' representative prior to
beginning service.
3. Replace, Section 2.1.2. with the following:
(1) Shall be "occurrence" rather than "claims made" insurance, excluding Professional
Liability;
SCOPE OF SERVICES
Plan Check Services for the City to include:
1. Structural / Building Code Conformance
2. Architectural / Building Code Conformance
3. Electrical Code Conformance
4. Plumbing Code Conformance
5. Mechanical Code Conformance
6. Physically Disabled Laws - Title 24 Conformance
7. Energy Code Title 24 Conformance
8. City Policies and Procedures Conformance
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