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Item 24 - Execution of Standard Agreement for Fire Inspector Consulting Svs - - AGENDAREPORTS~Y - 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 - l of 10 AUG 1 1995 ITEM 24 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 2 of 10 - - 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. - ILB:JDF:MAS:GLM:mb ,- Attachment: Standard Agreement for Consultant Services 3 of 10 AUG 1 1995 ITEM 24 ------- 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 4 of 10 ATTACHI1ENT 1 - -- 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. AUG 1 1995 ITEM 24 5 of 10 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. AUG 1 1995 ITEM 24 6 of 10 - -- 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. AUG 1 1995 ITEM 24 . 7 of 10 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: AUG 1 1995 ITEM 24 8 of 10 - - --- "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. 9 of 10 AUG 1 1995 ITEM 24 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: AUG 1 1995 ITEM 24 \ 10 of 10