HomeMy WebLinkAboutC24221 First Amendment Plan Review Services FY 2006-07REQUEST:
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 California Code Check of
Newbury Park, California. This Amendment extends the term of
services for one year — July 1, 2006 to June 30, 2007.
SUBMITTED BY: Amir (Ali) Hamidzadeh, Director of Building and Safety
CONTRACTOR: Tom Harris, President
California Code Check
925 Broadbeck Drive #230
Newbury Park, California 91320
DATE: June 22, 2006
CONTENTS: Contract Extension Letter — June 8, 2006
Contract No. C24220
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, 2006 to
June 30, 2007, Contract No. C24220.
Background:
Contract No. C24220 was awarded by City Council to California Code Check of
Newbury Park, California on August 25, 2005. California Code Check Corporation has
agreed, by letter of extension dated June 8, 2006, 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, 2006 through
June 30, 2007.
Funds are available in Account No. 110-4420-422-30-10.
Staff Report
First Amendment to the Agreement for Plan Review Services, Contract No. C24220
California Code Check
June 22, 2006
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:
Amir (Ali) Hamidzadeh, P.E.
Director of Building and Safety
Reviewed:
Dave Erwin, City Attorney
Approv
Pau Gibson, Director of Finance
Approval:
Carlos Ortega, Manager
Reviewed a d Concur:
Homer Cro, , A sistant City Manager
for Develo
nt Services
�ITY COUNCILyION:
APPROVED DENIED
RECEIVED OTHEP
MEET I 1�D�A^T l ` %•
AYES . �7 1 till 4tfzy l� f-egYl
NOES: U
ABSENT:
ABSTAIN: !/4/del. /i ill /
VERIFIED BY:,
Original on File TWeth City Clerk's 0ffire
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June 8, 2006
FEDERAL EXPRESS
Charles Harris
California Code Check
925 Broadbeck #230
Newbury Park, California 91320
RE: Contract No. C24220 — Plan Review Services Agreement — Extension
Dear Mr. Harris:
The above referenced Agreement for contract services, for the City of Palm Desert
Building and Safety Department, expires on June 30, 2006. Per the TERM of the
Agreement for Plan Review Services, we would like to extend the Agreement until June
30, 2007, with no change in review costs. Please sign and return this extension for
contract services, if you concur.
I would like to take this opportunity to thank you and your staff for the excellent plan
review services, and look forward to our continued professional relationship. If you
have any questions, please don't hesitate to call me at (760) 776-6420.
Sincerely,
✓ J v'�
Amir (Ali) Hamidzadeh, P.E.
Director of Building and Safety
AH:mc
Acknowledge:
CALIFORNIA CODE CHECK
Signature: ....<-
Print Name: '. ! _t
Date:
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CONTRACT NO. C24220
AGREEMENT FOR PLAN REVIEW SERVICES
'I'l lIS AGREEMENT f6r contract plan revi"% services is made and entered into in the City of
Palm Desert on this 25th day of AuVust, 2005, by and bctween the CiTY OF PALM DESFRT. a
municipal corporation, hereinafter referred to as "CITY" and CALIFORNIA CODE CHECK.
licreinaftcr refcn-ed to as C ONTRACTOR. (The temi contractor includes professionals performing
in a consulting capacity.)
NVITNESSE'ni:
WHEREAS, on Jul_v 21. 2005, CITY requested proposals from companies to provide
comprehensive plan review for contin-mancc to the model codes and state law in the following areas
of Title 24: structural, architectural. electrical, plumbing. mechanical, physically disablexl 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 oftheir 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. 2005 through June 31),
2006, or such later date as may be agreed between parties, up to a one-year
maximum.
(2) NOTICES. Consultant sliall 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 t6ilo« ing consultant's signature below.
(3) vT rAcHMENTS.
This Agreement incorporates by reference the tollowing attachments to this
Agreement:
General Provisions
Special Provisions
Scope of Service
(4) INTEGRATION.
"['his 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,
avrecmctits. and understandings, if any, between the parties, and none shall be used
to interpret this Agreement.
CONTRACT NO. C24220
(�) AUTHORITY TO EXECUTE AGREEMENT. Both CITY and CONTRACTOR
do covenant that each individual executing this Agreement on behalf of each Party is
a Person duty authorized.
IN WITNESS WHEREOF, the Parties hereto havc caused this instrument to be executed the
day and year first hercinahove Zvi-itten.
CITY' OF PALM DESERT
A Municipal Corporation
RUFORD A. CRITES, MAYOR
ATTF ST:
R Lt_E D. ItI.ASSEN, C`1TY CLERK
CITY OF PALM DESERT, CALIFORNIA
CONTRACTOR
C'alit6rilia Cade Check
l`
C'. Tom rri� S.E., P es dent
(Signature must be notarized)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of � u r 4
On 0�_1p4 5 , before me,
Date Name
�a/nd the of Otf cer (c q . Jane Doe. Not blic )
personally appeared p,_�_.�t s _ _.r� /7_a P, f, r .5 _
Na•ne(s) A s gner(s)
Plana Notaty Seri{ Above
personally known to me
,3 proved to me on the basis of satisfactory
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.
WITN SS my hand and official seal.
bnature of Nota,y Public
OPTIONAL
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 r-4'
p �
title or Type of Document:
Document Date: c ,�- S _ z D G S _ Number of Pages: _ _ Pt
Signer(s) Other Than Named Above: _ _
Capacity(ies) Claimed by Signer
Signer's Name: �. d�G. 3 --r Q _r, '' �r S
I Individual
jZ Corporate Officer — Title(s): _ _Pj' G S j41e,?
Partner — I- I Limited General
I : Attorney in Fact
Trustee
e
Top of thu:rc hotr
,-i Guardian or Conservator
Other:._.
Signe, is Representing.
1 a97 Nat,oa»t Notary Assnr,Abon - 935^, 0h So-, A-,e . P O bur :any • Cnr Isworth. CA 913M-2402 Prat No V+07 Re(xder CalOnP Fi, ' 8.)n4,7Efi527
CONTRACT NO. C24220
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 liavc 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 it
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 pert'Onlled 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 ofgood quality, tit for the purpose intended.
1.4 Performance to Satisfaction of City: Contractor agrees to perform all work to the
satisfaction of'City within the tinge specified. If City reasonably detennines that the work
is not satisfactory, City shall have the right to take appropriate action, including but not
limited to: (1) 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) tenllinating tills
Agreement as hereinafter set forth.
1.5 Instructions from City: In the performance of this Agreement. Contractor shall report
and receive instructions f�om the City's Representative designated in this Agreement.
Tasks or services other than specifically described in the Scopc of'Scrvices shall not be
performed without the prior written approrval of the City", representative.
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CONTRACT NO. C24220
1.6 Familiarity with Work: By executing this Agreement, Contractor warrants that
Contractor (1) has thoroughly investigated and considered the scope of scr\•ices to be
pertonned, (ii) has carefully considered how the services should be pertbrmed, and (Ili)
fully understands the facilities, difficulties, and restrictions attending perfo nnancc 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 he 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 material ly 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.
1.7Prohibition Against Subcontracting of :assignment: Contractor shall not contract with
any other entity to perfonn in whole or Ili part the services required hereunder without the
express written approval of City. Ili addition, neitlier 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
ity. in the event of any unapproved transfer, including any written approval of C
bankruptcy proceeding, City may void the Agreement at C ity'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 701 o of
the plan check fee charged by the city for projects with a valuation under
S 1,000,000.
R. Calliorma Code Check's fee is reduced to 65° o of'city fee with valuation over
S 1,000.000.
C. Theme is no additional charge fi r California Code Check engineers to be
available for telephone calls and counter meetings with applicants or City
State regarding specific projects. "We are always available for
teleconferences with City Staff to keep open i roes of communication or to
consult (be a "sounding board") for the progressive and ever changing
building designs."
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CONTRACT NO. C24220
D. Special projects assigned by the Building Official can be perfornied for
$120.00 per hour of plan review time. (i.e. deterred submittals, trusses,
awnings, etc.)
F. Accelerated plan rcvic,%ks: 1.) Should the Building Official request an
accelerated plan rcvicww, California Code Check will strive to satisfj' 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 1.-*2 times the normal plan check fec.
SECTION 'rwo: INSURANCE AND iNDEMNIFiCATiON
2.1 Insurance: Without limiting Contractor's indemnification obligations. Contractor
shall procure and maintain, at its sole cost and fir 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
ofthis work hereunder by Contractor, its agents, representatives, employees, an&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
(S1,000,000) 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 (SI,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
incurred in providing services under this Agreement.
CONTRACT NO. C24220
iv. Professional t,iability (covering errors and omissions):One ,Million Dollars
(51,000,000) 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-irisurzrnce 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 he written by good and solvent insurers) admitted to do business in the
State of California and approved in writing by City: and
I �) Shall be endorsed to state that coverage shall not be suspended, wided,
cancelled, reduced in coverage or in limits, non -renewed, or materially
changed for any reason, ,vithout 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
coverage required by this Agreement, which shall be received and approved by City
not less than five (5) working days before work commences.
6
CONTRACT NO. C24220
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 5of the
C'alifurnia Labor Code by securing, paying fur, 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 certi fh-, 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 Indenrin ification:
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 (here)n "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 tiled 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 ti►r 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 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.
7
CONTRACT NO. C24220
SECTION TFIREE: 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 inany 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 pre%ailing 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 scn•iccs 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 he 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 terns ofthe Americans with Disabilities Act of 1990 (42 U.S.C. §
i 2101 et. seq.) as the same may be an►cnded from time to time.
3.4 Independent Contractor:
Contractor shall perform all services required herein as an independent contractor of
City and sliall 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 he 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.
Neither Contractor nor any of Contractor's employees shall, at any time, or in any
wav, be entitled to anv 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-halffor working in excess of firth (40) hours in aqv 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 compctitivic service, hawc any property right to any position, or any of
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CONTRACT NO. C24220
the rights an employee may have in the event of termination of this Agreenicnt.
3.5 L;sc of Patented Ntaterials:
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 xyith, 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 infornrrtion developed in connection with or resulting from the
pertormance 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
infi)nnation by City.
3.7 Retention of Funds:
Contractor hereby authorizes City to deduct fiom any Mnount 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 ofContractor's negligent acts, errors, or
omissions, or willful misconduct. in performing or failing to perform Contractor's
obligations under this Agreement. City in its sole and absolute discretion, may
withhold from any payment due Contractor, xvithout 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 ofContractor's obligation to
Pay City any sums Contractor owes City.
3.8 Termination bv C'it-,:
City reserves the right to terminate this Agreement at any time, with or Without cause.
upon written notice to Contractor. upon receipt of any notice; of termination from
9
CONTRACT NO. C24220
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 tenmination is duc to
the failure ofContractor to ful till 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: "i-ermination by Contractor:
Contractor shall have the right to stop work only it' City fails to timely make a
payinent required under the ternis 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 tennination 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 terns of Section 3.8 relating to C ity'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
partv'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 timiccessary the other
party's consent to or approval of any subsequent act. Any wai4cr 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
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.
3.12 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 fin- the same default or any
other default by the other party.
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CONTRACT NO. C24220
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 «-ork
hereunder. the party prevailing in the final judgment in such action or proceeding, in
addition to any other relief which maybe 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 Ices, and courts costs. Ifcither party to this
Agreement is required to initiate or defend litigation xvith 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, tires, 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 fir performing
the services for the period of the enforced delay wilcn and if in the judgment of such
delay is justified. C'ity'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.
3.15 lion -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 cN cnt of any
default or breach by City, or for any, amount which may become duc 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 anti' Federal. State, or ON statue, ordinance. or
regulation. The Contractor shall not employ any such person while this Ag*rccment is
in effect.
CONTRACT NO. C24220
SECTION FOUR: MISCELU NEOL'S PROVISION
4.1 Records and Reports:
Upon request by City, Contractor shall prepare and submit to City and reports
concerning Contractor's perfi►niiancc 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 perfonnance of tliis Agreement in the event any
audit is required. All drawings, documents. and other materials prepared by
Contractor in the performance of this Agreement (i) shal I be the property of City and
shall be delivered at no cost to City upon request of City or upon the termination of
this Agreement, and (6) 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, return 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
Notices to Contractor shall be delivered to the address set forth below:
California Code Check
2393 feller 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 might
otherwise apply. '['he headings of sections and paragraphs ofthis Agreement arc 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.
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CONTRACT NO. C24220
4.4 Severahility:
Each provision ofthis Agreement shall be severable from the xrholc. If ally 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 hcreto warrant that
(1) 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 ether
Agrcement 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:
1n the event of any discrepancy between "Terms", "General Provisions", "Special
Provisions", and: or "Scope of Services", "Special Provisions" shall take precedence
and prevail.
SPECiAL PROViSIONS
Replace "Contractor" with "Consultant" throughout the Agreement.
Add the following Section 1.5:
In all cases where staff are provided to City to pertbmi any part of the Scope of Services,
each and every qualified person from Contractor providing such services will be required to
be rexiewed and certified for such service in writing by the City' representative prior- to
begiruting service.
Replace, Section 2.1.2. with the following:
(1) Shall be "occurrence" rather than "claims made" insurance, excluding Professional
Liability,
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CONTRACT NO. C24220
SCOPE ON SERVICES
Plan Check Services for the City to include:
Structural Building Cede Coniimnance
2. ,Architectural Building Code C onfonnancc
�. Electrical Code Conformance
4. Plumbing Code Conformance
:Mechanical Code Conformance
6. Physically Disabled Laws - Title 24 Confiormance
Energy Codc Title 24 Conformance
City Policies and Procedures Confoormance
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