Item 24 - Execution of Standard Agreement for Fire Inspector Consulting Svs
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AGENDAREPORTS~Y
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TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Ma~ ,,"
INITIATED BY: John D, Fitch, Assistant City Managettt s:e
Mark A. Sanchez, Director of Safety Se ice
Garry L. MacPherson, Fire Marshall"~
DATE: August 1, 1995
SUBJECI': Execution of Standard Agreement for Fire Inspector Consulting Services
ABSTRACI'
Since 1989 the Fire Prevention Bureau staff has been augmented by a contract Fire Inspector working part
time. This contract has provided two components; fire sprinkler plan checks and fire inspections. The City
will decrease the cost of the Fire Inspector component by 33 percent simply by contracting directly with the
individual currently serving in this capacity.
ENVIRONMENTAL REVIEW
- Environmental review is not required according to CEQA guidelines.
FISCAL IMPACT
It is anticipated that the cost for this contract Inspector for F.Y. 1995-96 will be $26,400 (11 months) and
that this expense will be off-set by revenue account #0100-0502-7753, resulting from plan check fees.
ADDmONAL PUBLIC NOTIFICATION
None.
RECOMMENDATION
It is recommended that the City Council approve the contract for a part-time Fire Inspector.
ACI'ION
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AGENDA REPORT
CITY OF POW A Y
This report i. included on the Consent Calendar. There will be no ..parate discussion of the
report prior to approval by the City Council unless members of the Council. staff or public
request it to be removed from the Consent Calendar and discussed separately. It you wish to
have this report pulled for discussion, ple.s. fill out a slip indicating the report number
and give it to the City Clerk prior to the beginning of the City Council meeting.
TO: The Honorable Mayor and Me~f the City Council
FROM: James L. Bowersox, City Man
INITIATED BY: John D. Fitch, Assistant City Manager Cfj\~ @
Mark A. Sanchez, Director of Safet)' Services
Garry L. MacPherson, Fire Marshal"....
DATE: August 1, 1995
SUBJECT: Execution of Standard Agreement for Fire Inspection Consulting Services
BACKGROUND
Since 1989 the Fire Prevention Bureau staff has been augmented by a contracted Fire Inspector
working part time. This contract has provided two components; fire sprinkler plan checks and fire
inspections. The City will decrease the cost of the Fire Inspector component by 33 percent simply by
contracting directly with the individual currently serving in this capacity.
FINDINGS
In 1989 the City awarded a contract to Tomes, Van Riddey & Associates (T. V A) to conduct fue
sprinkler plan checks and field inspection services. In addition, the City employed a part-time and full
time Fire Inspector, In June of 1994, our City Fire Inspector retired.
Recently, the,Fire Inspector employed by T.V.A. and under contract with the City of Poway, at a cost
of S45.00/hr. advised our agency that he would be terminating his employment with T.V.A. and would
be available at a rate of $30.00 per hour, a savings of 33 percent. It is anticipated that this new
employee will be on contract for approximately 16-20 hours per week. This Inspector has been a great
asset to our agency both in terms of his technical expertise and quality of work performed.
When the initial contract was established with T.V.A., fees were established to recover costs
associated with sprinkler plan checks and a portion of the Inspector's fees. These fees will be
analyzed later this year during the adoption of the 1994 Uniform Fire Code to determine their
adequacy. This 33 percent reduction in contract costs should be favorable in maintaining the current
rates and the high level of service we provide.
ACTION:
AUG 1 1995 ITEM
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Agenda Report
August 1, 1995
- Page Two
ENVIRONMENTAL REVIEW
Environmental review is not required according to CEQA guidelines.
FISCAL IMPACT
It is anticipated that the cost for this contract Inspector for F.Y. 1995-96 will be $26,400 (11 months)
and that this expense will be off-set by revenue account #0100-0502-7753, resulting from plan check
fees.
ADDmONAL PUBLIC NOTlFlCATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the City Council approve the contract for a part-time Fire Inspector.
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ILB:JDF:MAS:GLM:mb
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Attachment: Standard Agreement for Consultant Services
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STANDARD AGREEMENT FOR CONSULTANT SERVICES
This Agreement, entered into this 1 st day of August, 1995, by and between the
CITY OF POWAY (hereinafter referred to as "City") and Jose Olivas (hereinafter
referred to as "Consultanf').
RECITALS
WHEREAS, Consultant is a Fire and Life Safety consultant and has represented
that Consultant possesses the necessary qualifications to provide such services; and
WHEREAS, City has authorized the preparation of an agreement to retain the
services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY
RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. ScoDe of Services.
Consultant shan provide services as described in Exhibit "A" entitled
"Special Provisions" attached hereto and made a part hereof.
2. ComDensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A"
entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Aareement.
The term of this Agreement shall be as described on Exhibit "A" entitled
"Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City.
Termination without cause shall be effective only upon 60 day written notice to
Consultant. During said 60 day period, Consultant shall perform all consulting services
in accordance with this Agreement. This Agreement may be terminated by City for
cause in the event of a material breach of this Agreement, misrepresentation by
Consultant in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by City. Termination for cause
shall be effected by delivery of written notice of termination to Consultant. Such
termination shall be effective upon delivery of said notice,
AUG 1 1995 ITEM 24
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5. Confidential RelationshlD.
City may from time to time communicate to Consultant certain information
to enable Consultant to effectively perform the services. Consultant shall treat all such
information as confidential, whether or not so identified, and shall not disclose any part
thereof without the prior written consent of the City, Consultant shall limit the use and
circulation of such information, even within its own organization, to the extent necessary
to perform the services. The foregoing obligation of this Paragraph 5, however, shall
not apply to any part of the information that (i) has been disclosed in publicly available
sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in
publicly available sources of information; (iii) is now in the possession of Consultant
without any obligation of confidentiality; or (iv) has been or is hereafter rightfully
disclosed to Consultant by a third party, but only to the extent that the use or disclosure
thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions
or other results of the services or the existence of the subject matter of this contract
without the prior written consent of the City. In its performance hereunder, Consultant
shall comply with all legal obligations it may now or hereafter have respecting the
information or other property of any other person, firm or corporation.
6. Consultina Services Provided to Others.
Consultant shall not represent any other client, public or private, in
addition to City during the term of this Agreement unless Consultant first obtains the
express written consent of City.
7. Office SDace and Clerical SUDDort.
Consultant shall be provided with office space and clerical support.
8. Covenant Against Contlnaent Fees.
Consultant declares that it has not employed or retained any company or
person, other than a bona fide employee working for Consultant, to solicit or secure this
Agreement, that it has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or making of the Agreement.
For breach of violation of this warranty, City shall have the right to annul this Agreement
without liability, or, at its sole discretion, to deduct from the Agreement price or
consideration, or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
9. OwnershlD of Documents.
All memoranda, reports, plans, specifications, maps and other documents
prepared or obtained under the terms of this Agreement shall be the property of the City
and shall be delivered to City by Consultant upon demand.
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10. Conflict of Interest and Political Reform Act Obliaations.
During the term of this Agreement, Consultant shall not act as consultant
or perform services of any kind for any person or entity whose interests conflict in any
way with those of the City of Poway. Consultant shall at all times comply with the terms
of the Political Reform Act and the local conflict of interest ordinance, Consultant shall
immediately disqualify itself and shall not use its official position to influence in any way
any matter coming before the City in which the Consultant has a financial interest as
defined in Government Code Section 87103. Consultant represents that it has no
knowledge of any financial interests which would require it to disqualify itself from any
matter on which it might perform services for the City.
Consultant shall comply with an of the reporting requirements of the
Political Reform Act and local ordinance. Specifically, Consultant shall file Statements
of Economic Interest with the City Clerk of the City of Poway in a timely manner on
forms which Consultant shall obtain from the City Clerk.
11. No Assianments.
Neither any part nor all of this Agreement may be assigned or
subcontracted, except as otherwise specifically provided herein, or to which City, in its
sole discretion, consents to in advance thereof in writing. Any assignment or
subcontracting in violation of this provision shall be void.
12. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred and shall
make such materials available at its office at all reasonable times during the contract
period and for three (3) years from the date of final payment under this Agreement, for
inspection by City and copies thereof shall be furnished, if requested.
13. Indeoendent Contractor.
At all times during the term of this Agreement, Consultant shall be an
independent contractor and shall not be an employee of the City of Poway or City. City
shall have the right to control Consultant only insofar as the results of Consultant's
services rendered pursuant to this Agreement; however, City shall not have the right to
control the means by which Consultant accomplishes.
14. Ucenses. Permits. Etc.
Consultant represents and declares to City that it has all licenses, permits,
qualifications, and approvals of whatever nature that are legally required to practice its
profession. Consultant represents and warrants to City that Consultant shall, at its sole
cost and expense, keep in effect at all times during the term of this Agreement, any
license, permit, or approval which is legally required for Consultant to practice its
profession.
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15. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled
"Special Provisions" attached hereto and made a part hereof.
16. Uabllitv.
Notwithstanding any other provision contained in this Agreement,
Consultant shall be responsible for all injuries to persons and for all damage to real or
personal property of City or others, caused by or resulting from the wrongful act or
negligent acts, errors, or omissions of itself, its employees, or its agents during the
progress of, or in connection with, the rendition of services hereunder. Consultant shall
hold harmless and indemnify City, and all officers and employees of City and City from
all costs and claims for damages to real or personal property, or personal injury to any
third party, including reasonable attorney fees resulting from the negligent performance
of Consultant, its employees, or its agents, under this Agreement.
17. Consultant Not an Aaent.
Except as City may specify in writing, Consultant shall have not authority,
expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, expressed or implied, pursuant to this Agreement to
bind City to any obligation whatsoever.
- 18. Personnel.
Consultant shall assign qualified and certified personnel to perform
requested services. The City shall have the right to review and disapprove personnel
for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s)
assigned by Consultant by giving oral or written notice to Consultant to such effect.
Consultant's personnel shall at all times comply with City's drug and
alcohol policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
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20. Arbitration.
In the event of a dispute between City and Consultant concerning the
terms of this Agreement or its performance, the parties agree to submit such dispute to
arbitration before the American Arbitration Association or other mutually acceptable
arbitrator. In the event that the subject of such arbitration is compensation claimed by
Consultant in the event of termination, Consultant's damages shall be limited to
compensation for the 60 day period for which Consultant would have been be entitled to
receive compensation if terminated without cause. In the event of arbitration, each party
shall bear its own attorney's fees and costs incurred.
21. Gender.
Whether referred to in the masculine, feminine, or as "it", "Consultant"
shan mean the individual or corporate consultant and any and all employees of
consultant providing services hereunder.
22. Entire Aareement.
This Agreement shan constitute the entire understanding between
Consultant and City relating to the terms and conditions of the services to be performed
by Consultant.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement
on the date first above written.
Dated: City of Poway
By:
Its:
Dated:
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--- "SPECIAL PROVISIONSft
EXHIBIT "A"
FIRE AND LIFE SAFETY INSPECTION AND PLAN CHECK
A. ScoDe of Services.
Consultant agrees to perform consulting services as required by City.
Consultant shall provide the necessary qualified personnel to perform the services. In
performance of the services, Consultant shall:
1. Attend pre-construction meetings and subsequent meetings as
necessary.
2. Conduct Fire and ute Safety Inspections, including but not limited
to; assemblies. schools and institutions, and businesses.
3, Perform initial review and inspection of submitted fire alarm plans
to determine compliance with applicable fire safety regulations in:
Uniform Fire Code
- Uniform Building Code
Title 24
Title 19
4, Inspect projects under construction for compliance with the fire and
life safety provisions of the Uniform Fire Code and Uniform Building
Code, including references.
B. Comoensatlon and Reimbursement.
City shall pay Consultant a fee as follows: $30.00 (Thirty Dollars)/Hour
for up to 20 hours per week. Consultant's fee shall include and Consultant shall be
responsible for the payment of all federal, state and local taxes of any kind which are
attributable to the compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all
reasonable expenses, including lodging, telephone, and travel (air, auto, rail)
necessarily incurred in performance of the services. Consultant shall bill City for such
expenses as incurred, referencing this Agreement. All expenses shall be itemized and
supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00).
Statements for reimbursement of expenses shall be paid within ten (10) days of
approval by City. All air travel shall be billed at coach or special fare rates. Only
lodging outside San Diego County shall be reimbursable. Consultant shall receive prior
authorization for air travel and lodging expenses. All other expenses shall be
reimbursed in accordance with City's cash disbursement policies in effect at the time
incurred.
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C. Term of Aareement.
This Agreement shall be effective from the period commencing August 1.
1995 and ending July 31, 1996, unless sooner terminated by City as provided in the
section of the Agreement entitled "Termination". Upon expiration or termination of this
Agreement, Consultant shall return to City any and all equipment, documents or
materials and all copies made thereof which Consultant received from City or produced
for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. CoveraQes:
Consultant shall obtain and maintain during the life of this
Agreement the following insurance coverage:
(a) Automobile Liability. including owned. hired and non-owned
vehicles with the following insurance coverages:
Auto Liability...............................$1,OOO.000 per person per occurance,
$ 500.000 aggregate per occurance,
$ 50.000 property damage per
occurance
2. Endorsements:
(a) Notice,
.Said policy shall not terminate, nor shan it be canceled. until thirty
(30) days after written notice is given to City."
E. Notices.
All notices. billings and payments hereunder shall be in writing and sent to
the following addresses:
To Director: City of Poway
13325 Civic Center Drive
P.O. Box 789
Poway. CA 92074
To Consultant:
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