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HomeMy WebLinkAbout4.18 Fire Inspection and Plan Check Services .. CITY CLERK File # D~[Q][Q]~~01 AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 6,2006 SUBJECT: Extension of Agreement with CSG Consultants Inc., for Fire Inspection and Plan Check Services Report Prepared by Bunnie Terra, Acting Fire Marshal I 2. I" RECOMMRNDA TION:r( Adopt Resolution approving an extension of Consulting Services \g Agreement with CSG Consultants Inc. to provide continued fire {j' inspection and adding plan check services to the scope of services. Proposed Resolution with Agreement as Exhibit A CSG Consultants Inc., Agreement date July 1,2005 A TT ACHMRNTS: FINANCIAL STATEMENT: There are adequate funds budgeted in the proposed Fiscal Year 2006-2007 Operating Budget. DESCRIPTION; With the continued increase in construction and business activity within the City of'Dubhn, there is a need for additional fire inspection and plan check services. ThiS contract extension will allow for part time fire inspeclion and the addition of plan check services to be provided to the Fire Prevention Division as necessary to assist with the anticipated inspection and plan check workload within the Fire Prevention Division. This contract extension includes a 21.6% rate increase in the hourly fee f'or Fire Inspection fiscal year 2006-2007 Staff completed additional follow-up on this proposed increase and it appears that the new rates are more inline with the industry average. The City currently uses CSG Consultants in the Building Department and the rales f<.,r inspections arc the same as the proposed 2006-2007 rate increase for lire inspection. RECOMMENDATION; Staff recommends that the City Council adopt the attached Resolution approving the extension ofthe agreement with CSG Consultants Inc., to provide fire inspection and plan eheek services as needed. M~M~~_______P__________________________________________________~M~~__________________________~w~~____________ COPY TO: G:\JONI\6-6-06 CSG agenda statement 06 (J).doc ITEM NO. Lt,I6 u Page I of 1 /of It RESOLUTION NO. -06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING EXTENSION OF AGREEMENT WITH CSG CONSULTANT SERVICES FOR FIRE INSPECTION AND THE ADDITION OF PLAN CHECK SERVICES WHEREAS, the City of Dublin requires fire inspection and the addition of plan check servlces; and WHEREAS, the qualifieations ofCSG Consultant Services are appropriate for the work proposed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the extensIOn ofthe agreement, attached hereto as Exhibit "A" with CSG Consultant Services for fire inspection serviecs and the addition of plan check servIces, m an amount not to exceed $72,800 PASSED, APPROVED, AND ADOPTED this 6th day of June, 2006 AYES: NOES: ABSENT: ABSTAIN. MAYOR ATTEST: CITY CLERK fD-(f)-D(P 4./'0 A TT ACHMENT 1 ;;<Jl't EXHIBIT "A" OF RESOLUTION -6 AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBLIN AND CSG CONSULTANTS, INC. FOR FIRE INSPECTION AND THE ADDITION OF PLAN CHECK SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and CSG Consultants, Tne. (hereinafter referred to as "CONSULTANT"), entered into a one-year agreement on July 1, 2005, to provide tire inspection services to the CITY, and WHEREAS, the City of Dublin desires to continue to obtam fire inspeetion services from Contractor and add the addItional services of plan check review; and WHEREAS, the City budgeted appropriations in its proposed Fiscal Year 2006-2007 Budget that are neeessary to pay Consultant through the extended term of this Agreement. NOW THEREFORE, the Agreement is amended as follows: I Exhiblt B Payment Terms and Conditions: Hourly Rates shall change to $90.00 per hour for Senior Plan Check SerVlce~ and $85.00 lor inspection services with an annual maximum that shall not exceed $72,800 2. All other Terms and Conditions remain lmehanged. IN WITNESS WHEREOF, the parties hereto have executed thiS Agreement as of the date day and year first above written. For CITY OF DUBLIN A MUlllclpal Corporal1on CONSULTANT By' Janet Lockhart, Mayor By' Richard Mao, Principal Attest: Fawn Holman, City Clerk Approved As To Form. Elizabeth H. Silver, City Attorney 30f log CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND CSG CONSULTANTS, INC. THIS AGREEMENT for consulting services is made by and between the City of Dublin ('City") and CSG Consultants, Inc. ('Consultant') as of July 1, 2005. Section 1. SERVICES. Subject to the terms and conditions set forth In this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conftict in or inconsistency between the terms of this Agreement and Exhibit A, Ihe Agreement shall prevail. Consullant shall also conform to Ihe requirements of the Special Conditions attached as Exhibit C. 11 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end one year thereafter, except that the Agreement shall be automatically extended from year to year, unless the term of the Agreement is otherwise terminated, as provided for in Section 8. 1.2 Standard of Performence. Consultant shall perform all services required pursuant to this Agreement In the manner and according to Ihe standards observed by a competent practitioner of the profession in whioh Consullant is engaged in the geographical area In which Consullant practices its profession. Consullant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 AS6ianment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In tha event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassig n such person or persons. 1.4 Time. Consultant shall devcte such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1 1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant the hourly sum set forth in Ihe Payment Schedule attached as Exhibit e, notwithstanding any contrary indications that may be contained in Consultant's proposal or the Scope of Services, for services to be performed and reimbursable costs incurred under Ihis Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation. the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement al the time and In the manner set forth herein, The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified Consulting Services Agreemenl between City of Dublin and CSG Consultants, Inc. - Exhibit A 6/20/05 ATTA.CHMENT 2 40f /g herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder Is intended to Include the cOils of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or eddltlonal service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amounl of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to Ihe submission of such an invoice by a properly executed change order or <lmendment. 2.2 ~ Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.3 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.4 Notification of Employee,' Ellclledance 0' 800 Hours of Work. Consultant shall provide the City with written notice when the total number of hours of work by any individual employee, agent, or subcontractor of Consultant in any fiscal year reaches or exceeds 800 hours. Section 3. FACILITIES AND EQUIPMENT, Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the tenns and conditions set forth herein. City shall ftJmlsh physical facilities such as desks, filing cabinets, permit forms, and codes, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City In no event shall City be obligated to furnish any facility that may involve Consulting Services Agreement between City of Dublin and CSG Consultants, Inc. - Exhibit A 8120/05 Page 2 of 14 " 6rr l't incurring <Jny direct expense, including but not limited to computer, long.distance telephone or other communication charges, vehicles, <Jnd reproduction f<Jcilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure 'occurrence coverage' insurllnce against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the Insurance policies required by this section throughout the term of this Agreement. The cost of such Insurance shall be Included in the Consultanrs bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subconlraetor(s) and provided evidence thereof to City Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4,1 Workers' Comoensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or Indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's liability Insurance shall be provided wilh limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self.insurance program to meet those requirements, but only It the program of self.insurance ccmplies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, II a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising lrom work per/ormed under this Agreement. An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (3D) days' prior written notice by certified mail, return receipt requested, has been given to the City 4.2 Commercial General and Automobile Liability Insurance. 4.2,1 General reQuiremonta, Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance lor the lerm of this Agreement in an amount not less than ONE MiLLION DOLLARS ($1,000.000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therelrom, and damage to property resulting from Consulting Services Agreement between City of Dublin and CSG Consultants, Inc. . Exhibit A 6/20/05 Page 3 of 14 &O{I~ activities contemplated under this Agreement. Including the use of owned and non- owned automobiles. 4,2.2 M,mlmum SCODe of coveralle. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence fonn CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1173) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Fonn Comprehensive General liability. Automobile coverage shall be at least as broad as Insurance Services OffIce Automobile Liability fonn CA 0001 (ed. 12190) Code 1 ('any auto'). No endorsement shall be attached limiting the coverage. 4.2.3 Additional reauirements. Each of Ihe following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees. agents, and volunteers shall be covered as insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and eompleled operations of Consultant; premises owned, occupied, or used by Consultant;oand automobiles owned, leased, or used by the Consultant. The coverage shall conlain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage Is primary insurance with respect to the City and its officers. officials, employees and volunteers, and Ihat no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage, d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and voiunteers. e. An endorsement shall state that coverage shall not be suspended, voided, canceled by either party. reduced In coverage or in limits, excepl after thirty (30) days' prior written no~ce by certified mail. return receipt requested. has been given to the City, 4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less Consulting Services Agreement between City of Dublin and CSG Consultants, inc. - Exhibit A 6/20/05 Page 4 of 14 '7of l'b than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. 4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prtor written notice by certified mail, return receipt requested, has been given to the City. 4.3.3 The policy must contain a cross liability or severability of interest clause, 4.3.4 The following provisions shall apply if the profeSSional liability coverages are wrillen on a claims-made form: a. The relroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of Insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims.made polley form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise. at the Consultant's sole cost and expense, any extended reporting provisions of the polley, if the Consultant cancels or does not renew the coverage. d. A copy of Ihe claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Reauiremllnll. 4.4.1 AcceDtablllty of fnlurers. All Insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4,2 Verlflc;ltlon of COVlralll. Prior to beginning arlY work under this Agreemerlt. Consultant shall fumish City with certificates of Insurance and with original endorsements effeclirlg coverage required herein. The certificates and endorsements for each Insurance polley are to be signed by a person authorized by that Insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Gonsu Iting Services Agreement between City of Dublin and CSG Consultants, Inc. - Exhibit A 6/20/05 Page 5 of 14 go-rl<[; 4.4.3 Subcontractors. Consultant shall Include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor, All coverages for subcontractors shall be subject to all of the requirements stated herein, 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determinatJon that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.4.5 Deductlbles and Self.ln8ure~ Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement, During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may irlcrease such deductJbles or self-Insured retentJorls with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may cOrlditJorl approval of an increase In deductible or self-insured relention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related Investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4,4.6 Notice of Rtductfon In Coverag,. In the eventihat any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and In no case later than five days after Consultant is notified of the change in coverage, 4,5 Remedl.., In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are altematives to other remedies Cijy may have and are not the exclusive remedy for Consultant's breach: . Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; . Order Consultant to stop work under this Agreement or withhold any paymerlt that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or · Terminate this Agreement. Consulting Services Ag reement between City of Dublin and CSG Consultants, Inc. - Exhibit A 6120/05 Page 6 of 14 ttot' 1'6 Section 5. IND~MNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the Cily, and hold harmless the City and Its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to propeny, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, In whole or In part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) !he injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of !he City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. II is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as sat forth In Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this. Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the evenlthat Consultant or any employee, agent, or subcontractor of Consultant providing services under !his Agreement is determined by a court of competent jurisdiction or the Califomia Public Employees Retirement System (PERS) to be eligible for enroliment in PERS as an employee of City, Consultant shall indemnity, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or sul1tontractors, as well as for the payment of any penaltlas and interest on such contribulions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 Indeoendent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of Clly. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assi~nment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. 6.2 Waiver of Emplovee Benefit., Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by Cily for employer contributions andlor employee contributions for PERS benefits. Consulting Services Agreement between City of Dublin and C5G Consultants, Inc. - Exhibit A 6/20/05 Page 7 of 14 IOof It 6.2 Consultant No Allent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or Implied, pursuant to this Agreement to bind City to any obligation whatsoever Section 7. LEGAL REQUIREMENTS. 7.1 Governlnll Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Reaulatlons. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warranls to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep In effect at all limes during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the tenn of this Agreement valid Business licenses from City. 7.5 Nondiscrimination and EQual OpPOrtunitv. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consullant under this Agreement. Consullant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination In employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consulting Services Agreement between City of Dublin and CSG Consultants, Inc. . EKhlblt A 6/20/05 Page 8 of 14 II of Ii Consultant may cancel this Agreement upon ninety (90) days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services pertormed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes. and other materials provided to consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend t!'le end date of this Agreement beyond that provided for in Subsection 1 1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultent understands and agrees t!'lat. if City grants such an extension, Cily shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assianment and Subcontractlna. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultanl's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is Ihe professional reputation and competence of Consultant. Consultant may not assign this Agreement or any Interest therein without the prior written approval of the Contract Administrator Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall sUlVlve the termination of this Agreement. 8,6 OmlOR' UDon Breach bv Consultant. If Consultant materially breaches any of the terms of this Agreement, City's ramedles shall included, but not be limited to, the followIng: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; Consulting SelVices Agreement between City of Dublin and CSG Consultants, Inc. - Exhibit A 6/20/05 Page 9 of 14 12ot' Ig 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultanl pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant'. Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, fites, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until flnel approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Record.!. Consultant shall maintain any and aliledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer periOd required by law, from the date of final payment to the Consultant to this Agreement. 9.3 InlP.cllon and Audl1.2f.Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying et any time during regular business hours, upon oral or written request of the City. Under Callfomla Government Code Section 8546.7, if the amount of publiC funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 AttorntlVI' FlU. If a party to this Agreemenl brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief 10 which that party may be entllled. The court may set such fees in the same action or in a separate aclion brought for that purpose. ConSUlting Services Agraement between City of Dublin and CSG Consultants, Inc. . Exhibit A 6/20/05 Page 10 of 14 13o.f2 1 t 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability, If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The Invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No ImDllld Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 SUCClIlOrs and AsslQns. The provisions of this Agreement shall Inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recvcled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Mict of Interest. Consultant may serve other clients. but none whose activities within the oorporate limits of City or whose business, regardless of looatlon, would place Consultant In a "conflict of Interest," as that term Is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial Interest In this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been In the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appoinlee, or official of the City in the previous twelve months, Consultant warrants that it did not participate In any menner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Govemment Code 91090 et.seq., the entire Agreement is void and Consullant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses. and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that. in addition to the foregoing, it may be subject to criminal prosecution for a violalion of Government Code ~ 1090 and, if applicable, will be disqualified from holding public office in the Slate of California. Consulting Services Agreement between City of Dublin and CSG Consultants. Inc. - Exhibit A 6/20/05 Page 11 of 14 " J woF 11 10.8 Solicitation. Consultant agrees not 10 solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration, This Agreement shall be administered by Building Official ('Contract Admlnlstrator'). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: CSG Consultants, Inc. AUention: Richard Mao 1257 Quarry Lane Suite 100 Pleasanton, CA 94566 Any written notice to City shall be sent to: City of Dublin Attention: Fire Marshal 100 Civic Plaza Dublin, CA 94568 10.12 Intearation. This Agreement, including the Scope of Work (ExhibJ16); Payment Schedule (Exhibil ~) and Special Provisions (Exhibit C) attached hereto represents the entire and Integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. For- CITY OF DUBLIN A Municipal Corporation CONSULTANT -fL ~^ Richard Maa, Principal --- Attest: Approved as to Form: 1fdL IV ~L Elizabeth H. Silver, City Attomey Consulting Services Agreement between City of Dublin and CSG Consultants, Inc. - Exhibit A 6f20105 Page 12 of 14 150+:= It) EXHIBIT A SCOPE OF SERVICES 1 BUILDING~ SERVICES. CONTRACTOR shall enforce provisions of the CITY's Building, Fire, Electrical, Plumbing, Mechanical and Housing Codes; the City of Dublin's Zoning Ordinance; and related Stale and local laws. CONTRACTOR shall make such Inspections and investigations as may be required to effect such enforcement and issue penn its as are required by the CITY's Ordinances and duly adopted policies. Such enforcement shall include the duties related to the Fire Mershal as set forth in the Dublin Municipal Code, and in the performance of such work the CONTRACTOR shall do the following: a. Fire and Life Safetv Insoection. Provide fire and life safety Inspection services during the course of construction of facilities to enforce compliance with the provisions of applicable laws including City Ordinances and regulations set forth on the plans for which the permit is issued. In the peliormance of such duties, CONTRACTOR shall provide prompt inspection for each project at the completion of the various stages of construction to determine compliance. CONTRACTOR shall provide City Manager and/or designee with relevant background information on all assigned inspection personnel prior to assignment under this Agreement. CONTRACTOR shall assign competent personnel whose background, experience, applicable certifications, and demeanor demonstrate an ability to conduct inspections of the type required under this Agreement, in accordance with CITY standards. City Manager and/or designee shall determine acceptability of assigned inspection personnel. CONTRACTOR shall promptly identify alternate personnel in the event of a request by City Manager and/or designee. In the event that CONTRACTOR requests a change in the assigned Inspecllon Personnel, CONTRACTOR shall bear the full cost of any training required to familiarize the assigned personnel with the current status of projects in the City. At the minimum this shall include a one-week overlap with both inspectors. In the event that an assigned inspector is absent for a period of greater than three concurrent workdays, the CONTRACTOR will provide a qualified temporary replacement that is approved by the CITY. b. Other Duties. CONTRACTOR shall perform other related activities as requested by the City, including Fire Marshal services. Fee for such services shall be negotiated on an as needed basis as approved by the City Manager or his designee. 2. REPORTJ~GIPU~LIC INFQBMATIQN. CONTRACTOR shall be responsible for coordination of monthly and annual reports summarizing activities undertaken pursuant to this Agreement. Reports shall be in a format and as mutually agreed by the City Manager and/or designee. As required, CONTRACTOR may prepare staff reports for City Council, including but not limited to review and adoption of related code updates. 3. COLLECTION OF FEES. All fees collected from permit applicants in connection with the carrying out of the functions set forth in this Agreement, shall be collected by the CITY If required, Consulting Services Agreement between City of Dublin and eSG Consultants, Inc. - Exhibit A 6120105 Page 13 of 14 I [oo.r-, $ CONTRACTOR shall submit as appropriate, information and recommendations on proposed City adjustments to the adopted fee schedules. 5. LIMITATIONS (AVOIDANCe OF CONFLICTS). During the term of this Agreement, CONTRACTOR shall not provide services to any client for a project. which requires any approval from the CITY Consulting Services Agreement between City of Dublin and CSG Consultants, Inc. - Exhibit A 6/20/05 Page 14 of 14 " Ilof-- 1<6 EXHIBIT B PAYMENT SCHEDULE A. CITY shall pay CONTRACTOR for services rendered In accordance with the hourly rates state<! in section B. CONTRACTOR shall submit invoices, not more often than once per month, based upon the work completed. At the sole discretion of the CITY other payment schedules may be considered. Invoice shall include an accounting of all hours by classification and task. The format and documentation included on the invoice, shall be subjeclto approval by the City Manager and/or designee, s, HOURLY RATES. The following rates include all reimbursable or indirect costs, including but not limited to a vehicle and cell phones. 1, Fire Inspector $70.00 (Includes inspection of residential and commercial occupancies.) C. The hourly rates shown In Section B above, shall be the total which the CITY shall pay for the services to be rendered by CONTRACTOR pursuant to this Agreement. CITY shall not pay any additional sum for any expense or cost whatsoever incurred by CONTRACTOR in rendering services pursuant to this Agreement. The annual cost (FY 2005/06) of providing these services shall not exceed $66,000. o CITY shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefore is agreed 10 in writing and authorized by the City Manager and/or designee, F The CONTRACTOR is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed copy of this Agreement. Consulting Services Agreement between City of Dublin and eSG Consultants, Inc. - Exhibit B 6/20105 Page 1 of 1 .' l1{o.f\i EXHIBIT C SPECIAL PROVISIONS The following provisions are hereby incorporated in the Agreement by and between CSG Consultants, Inc. (CONTRACTOR) and City of Dublin (CITY): ASSIGNED PERSONNEUSU ORS, The following terms and conditions are hereby agreed to by CONTRACTOR prior to the assignment of personnel or use by CONTRACTOR of subcontractors. a. Submittal to Cltv MansCler. The name, background and experience of any and every firm or individual to which any work outlined in this Agreement Is to be performed must be submitted to the City Manager and/or designee for prior approval. b. QQt:llRACTOR Liable for Work of Subcontractors. Approval by the City Manager of a subcontractor shall nol relieve CONTRACTOR of any liability for Ihe work to be performed pursuant to this Agreement, nor shall such approval Infer any contractual relationship between CITY and any subcontractor Consulting SelVices Agreement between City of Dublin and CSG Consultants, Inc. - Exhibit C 6/20/05 Page 1 of 1