HomeMy WebLinkAbout2005 CON JAS Pacific Inc - On-site Plan Check ServicesAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
JAS PACIFIC, INC
THIS AGREEMENT is entered into this 4th day of January, 2005, by and
between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and JAS
PACIFIC, Inc. (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to provide on -
site plan review and inspection services.
WHEREAS, the CITY has determined that the CONTRACTOR is a
corporation and is qualified by experience and ability to perform the services desired by
the CITY, and the CONTRACTOR is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the
services hereinafter set forth on an as needed basis in accordance with all terms and
conditions contained herein.
The CONTRACTOR represents that all services required hereunder will
be performed directly by the CONTRACTOR or under direct supervision of the
CONTRACTOR.
1. SCOPE OF SERVICES. The CONTRACTOR will perform services
as set forth in the attached Exhibit 1.
The CONTRACTOR shall be responsible for all research and reviews
related to the work and shall not rely on personnel of the CITY for such services,
except as authorized in advance by the CITY. The CONTRACTOR shall appear at
meetings cited in Exhibit 1 to keep staff and City Council advised of the progress on the
project.
The CITY may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the
CONTRACTOR under this Agreement. Upon doing so, the CITY and the
CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a
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corresponding reduction or increase in the compensation associated with said change
in services, not to exceed a factor of 15% from the base amount.
2. PROJECT COORDINATION AND SUPERVISION.
Kathleen Trees hereby is designated as the Project Coordinator for the
CITY and will monitor the progress and execution of this Agreement. The
CONTRACTOR shall assign a single Project Director to provide supervision and have
overall responsibility for the progress and execution of this Agreement for the
CONTRACTOR. Nicolle Stormon thereby is designated as the Project Director for the
CONTRACTOR.
3. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed.
Billings shall include labor classifications, respective rates, hours worked and also
materials, if any. The total cost for all work described in Exhibit 1 shall not exceed the
schedule given in Exhibit 1 Schedule of Fees (the Base amount) without prior written
authorization from the Project Coordinator. Monthly invoices will be processed for
payment and remitted within thirty (30) days from receipt of invoice, provided that work
is accomplished consistent with Exhibit 1 as determined by the CITY.
The CONTRACTOR 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 term of this Agreement and for three (3) years from the date of final payment
under this Agreement, for inspection by the CITY and for furnishing of copies to the
CITY, if requested.
4. LENGTH OF AGREEMENT. Completion dates or time durations
for specific portions of the Project are set forth in Exhibit 1.
5. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents
prepared by the CONTRACTOR for this Project, whether paper or electronic, shall
become the property of the CITY for use with respect to this Project, and shall be
turned over to the CITY upon completion of the Project, or any phase thereof, as
contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR
hereby assigns to the CITY and CONTRACTOR thereby expressly waives and
disclaims, any copyright in, and the right to reproduce, all written material, drawings,
plans, specifications or other work prepared under this agreement, except upon the
CITY's prior authorization regarding reproduction, which authorization shall not be
unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute
any further document(s) necessary to further effectuate this waiver and disclaimer.
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The CONTRACTOR agrees that the CITY may use, reuse, alter,
reproduce, modify, assign, transfer, or in any other way, medium or method utilize the
CONTRACTOR's written work product for the CITY's purposes, and the
CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil
Code Sections 980 through 989 relating to intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings or
specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from
liability under Section 14 but only with respect to the effect of the modification or reuse
by the CITY, or for any liability to the CITY should the documents be used by the CITY
for some project other than what was expressly agreed upon within the Scope of this
project, unless otherwise mutually agreed.
6. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as
agents, employees, partners or joint venturers with one another. Neither the
CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and
are not entitled to any of the rights, benefits, or privileges of the CITY's employees,
including but not limited to retirement, medical, unemployment, or workers'
compensation insurance.
This Agreement contemplates the personal services of the
CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the
parties that a substantial inducement to the CITY for entering into this Agreement was,
and is, the professional reputation and competence of the CONTRACTOR and its
employees. Neither this Agreement nor any interest herein may be assigned by the
CONTRACTOR without the prior written consent of the CITY. Nothing herein contained
is intended to prevent the CONTRACTOR from employing or hiring as many
employees, or subcontractors, as the CONTRACTOR may deem necessary for the
proper and efficient performance of this Agreement. All agreements by CONTRACTOR
with its subcontractor(s) shall require the subcontractor to adhere to the applicable
terms of this Agreement.
7. CONTROL. Neither the CITY nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR
expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's
agents, servants, or employees are in any manner agents, servants or employees of
the CITY, it being understood that the CONTRACTOR, its agents, servants, and
employees are as to the CITY wholly independent contractors and that the
CONTRACTOR's obligations to the CITY are solely such as are prescribed by this
Agreement.
8. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in
the performance of the services to be provided herein, shall comply with all applicable
State and Federal statutes and regulations, and all applicable ordinances, rules and
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regulations of the City of National City, whether now in force or subsequently enacted.
The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a
current City of National City business license prior to and during performance of any
work pursuant to this Agreement.
9. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever
nature that are legally required to practice its profession. The CONTRACTOR
represents and covenants that the CONTRACTOR 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 the CONTRACTOR to practice its profession.
10. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the CONTRACTOR'S trade or profession currently
practicing under similar conditions and in similar locations. The CONTRACTOR shall
take all special precautions necessary to protect the CONTRACTOR's employees and
members of the public from risk of harm arising out of the nature of the work and/or the
conditions of the work site.
B. Unless disclosed in writing prior to the date of this
agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the
five (5) years preceding, been debarred by a governmental agency or involved in
debarment, arbitration or litigation proceedings concerning the CONTRACTOR's
professional performance or the furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any
unique products, treatments, processes or materials whose availability is critical to the
success of the project the CONTRACTOR has been retained to perform, within the time
requirements of the CITY, or, when no time is specified, then within a commercially
reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY
otherwise, the CONTRACTOR warrants that all products, materials, processes or
treatments identified in the project documents prepared for the CITY are reasonably
commercially available. Any failure by the CONTRACTOR to use due diligence under
this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased
costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
11. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall
not discriminate against any employee or applicant for employment because of age,
race, color, ancestry, religion, sex, sexual orientation, marital status, national origin,
physical handicap, or medical condition. The CONTRACTOR will take positive action
to insure that applicants are employed without regard to their age, race, color, ancestry,
religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. Such action shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
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layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous
places available to employees and applicants for employment any notices provided by
the CITY setting forth the provisions of this non-discrimination clause.
12. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The
CONTRACTOR shall treat all such information as confidential and shall not disclose
any part thereof without the prior written consent of the CITY. The CONTRACTOR
shall limit the use and circulation of such information, even within its own organization,
to the extent necessary to perform the services to be provided herein. The foregoing
obligation of this Section 13, 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 the CONTRACTOR, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONTRACTOR without any
obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONTRACTOR 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.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder,
the CONTRACTOR 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.
CONTRACTOR shall be liable to CITY for any damages caused by
breach of this condition, pursuant to the provisions of Section 14.
13. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR
agrees to defend, indemnify, and hold harmless the City of National City, its officers
and employees, against and from any and all liability, Toss, damages to property,
injuries to, or death of any person or persons, and all claims, demands, suits, actions,
proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature,
including workers' compensation claims, of or by anyone whomsoever, resulting from or
arising out of the CONTRACTOR's negligent performance of this Agreement.
14. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of
the State of California, the applicable provisions of Division 4 and 5 of the California
Government Code and all amendments thereto; and all similar state or Federal acts or
laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and
employees from and against all claims, demands, payments, suits, actions,
proceedings and judgments of every nature and description, including reasonable
attorney's fees and defense costs presented, brought or recovered against the CITY or
its officers, employees, or volunteers, for or on account of any liability under any of said
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acts which may be incurred by reason of any work to be performed by the
CONTRACTOR under this Agreement.
15. INSURANCE. The CONTRACTOR, at its sole cost and expense,
shall purchase and maintain, and shall require its subcontractors, when applicable, to
purchase and maintain throughout the term of this agreement, the following insurance
policies:
® A. If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property
damage incurred during the performance of this Agreement, with a minimum coverage
of $1,000,000 combined single limit per accident. Such automobile insurance shall
include non -owned vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of CONSULTANT's
employees.
E. The aforesaid policies shall constitute primary insurance as to the
CITY, its officers, employees, and volunteers, so that any other policies held by the
CITY shall not contribute to any loss under said insurance. Said policies shall provide
for thirty (30) days prior written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds.
G. If required insurance coverage is provided on a "claims made"
rather than "occurrence" form, the CONTRACTOR shall maintain such insurance
coverage for three years after expiration of the term (and any extensions) of this Agree-
ment.
H. Any aggregate insurance limits must apply solely to this Agree-
ment.
I. Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not
less than A VIII according to the current Best's Key Rating Guide, or a company equal
financial stability that is approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with
and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of
such insurance policies in full force and effect at all times during the terms of this
Agreement, the CITY may elect to treat the failure to maintain the requisite insurance
as a breach of this Agreement and terminate the Agreement as provided herein.
16. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements or any
inaccuracies in any of the representations and warranties on the part of the other party
arising out of this Agreement, then in that event, the prevailing party in such action or
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dispute, whether by final judgment or out -of -court settlement, shall be entitled to have
and recover of and from the other party all costs and expenses of suit, including
attorneys' fees.
For purposes of determining who is to be considered the prevailing party,
it is stipulated that attorney's fees incurred in the prosecution or defense of the action
or suit shall not be considered in determining the amount of the judgment or award.
Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited
to the amount of attorney's fees incurred by the CITY in its prosecution or defense of
the action, irrespective of the actual amount of attorney's fees incurred by the
prevailing party.
17. MEDIATION/ARBITRATION. If a dispute arises out of or relates
to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to
settle the dispute by mediation in San Diego, California, in accordance with the
Commercial Mediation Rules of the American Arbitration Association (the "AAA") before
resorting to arbitration. The costs of mediation shall be borne equally by the parties.
Any controversy or claim arising out of, or relating to, this Agreement, or breach
thereof, which is not resolved by mediation shall be settled by arbitration in San Diego,
California, in accordance with the Commercial Arbitration Rules of the AAA then
existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the
parties to the arbitration, provided that each party shall pay for and bear the costs of its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such
expenses or any part thereof against a specified party as part of the arbitration award.
18. TERMINATION. A. This Agreement may be terminated with or
without cause by the CITY. Termination without cause shall be effective only upon 60-
day's written notice to the CONTRACTOR. During said 60-day period the
CONTRACTOR shall perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY
for cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance
of services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONTRACTOR, whether paper or electronic, shall immediately become the property of
and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of the Notice of Termination, not to exceed
the amounts payable hereunder, and less any damages caused the CITY by the
CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall
vest in the CITY all rights set forth in Section 6.
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E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR;
(2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the
CONTRACTOR.
19. NOTICES. All notices or other communications required or
permitted hereunder shall be in writing, and shall be personally delivered; or sent by
overnight mail (Federal Express or the like); or sent by registered or certified mail,
postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or
telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall
be deemed received upon the earlier of (i) if personally delivered, the date of delivery
to the address of the person to receive such notice, (ii) if sent by overnight mail, the
business day following its deposit in such overnight mail facility, (iii) if mailed by
registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail
chute, or other like facility regularly maintained by the United States Postal Service, (iv)
if given by telegraph or cable, when delivered to the telegraph company with charges
prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice,
request, demand, direction or other communication delivered or sent as specified
above shall be directed to the following persons:
To the CITY:
To the CONTRACTOR:
Kathleen Trees, Director
Building & Safety Department
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Nicolle Stormon, Vice President
JAS Pacific, Inc.
4295 Jurupa Street, Suite 203
Ontario, CA 91761
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver
because of changed address of which no notice was given shall be deemed to
constitute receipt of the notice, demand, request or communication sent. Any notice,
request, demand, direction or other communication sent by cable, telex, telecopy,
facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or
delivered as specified in this Section.
20. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not
perform services of any kind for any person or entity whose interests conflict in any way
with those of the City of National City. The CONTRACTOR also agrees not to specify
any product, treatment, process or material for the project in which the CONTRACTOR
8 Revised October 2003
has a material financial interest, either direct or indirect, without first notifying the CITY
of that fact. The CONTRACTOR shall at all times comply with the terms of the Political
Reform Act and the National City Conflict of Interest Code. The CONTRACTOR 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 CONTRACTOR has a financial interest
as defined in Government Code Section 87103. The CONTRACTOR represents that it
has no knowledge of any financial interests that would require it to disqualify itself from
any matter on which it might perform services for the CITY.
If checked, the CONTRACTOR shall comply with all of the
reporting requirements of the Political Reform Act and the National City Conflict of
Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic
Interests with the City Clerk of the City of National City in a timely manner on forms
which the CONTRACTOR shall obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all damages,
costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21
by the CONTRACTOR.
21. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided
for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal
holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of
the next day which is not a Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together,
shall constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or
subsections of this Agreement are solely for the convenience of the parties hereto, are
not a part of this Agreement, and shall not be used for the interpretation or
determination of the validity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly
provided herein, the execution and delivery of this Agreement shall not be deemed to
confer any rights upon, or obligate any of the parties hereto, to any person or entity
other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached
hereto are hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may
not be modified or amended except by an instrument in writing executed by each of the
parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or
any other provision hereof.
H. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
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I. Entire Agreement. This Agreement supersedes any prior agree-
ments, negotiations and communications, oral or written, and contains the entire
agreement between the parties as to the subject matter hereof. No subsequent
agreement, representation, or promise made by either party hereto, or by or to an
employee, officer, agent or representative of any party hereto shall be of any effect
unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon
and shall inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each
party is of equal bargaining strength, (ii) each party has actively participated in the
drafting, preparation and negotiation of this Agreement, (iii) each such party has
consulted with or has had the opportunity to consult with its own, independent counsel
and such other professional advisors as such party has deemed appropriate, relative to
any and all matters contemplated under this Agreement, (iv) each party and such
party's counsel and advisors have reviewed this Agreement, (v) each party has agreed
to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in the interpretation of this Agreement, or any portions
hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first above written.
CITY OF NATIONAL CITY
By:
APPROVED AS TO FORM:
7)
George H.`Eiser, III
City Attorney
JAS PACIFIC, Inc.
(Two signatures required for a corporation)
By:
J. Addison Smith
President
Vice President
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EXHIBIT 1
STANDARD
SERVICES
JASPacific is a small firm; this allows JAS to Le personal with each
client, assuring each Department that they are -receiving the Lest service.
Qach staffing request is processed in an e
icient manner, thoroughly reviewed,
and assigned a ualifieol professional meeting the -requirements of ech project.
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STANDARD SERVICES
We would like to begin by thanking the City of National City for the opportunity to present our firm to
you. We are confident that we can provide these services with the utmost professionalism and expertise.
The City is an efficient organization and JAS Pacific would be pleased at our affiliation.
METHODOLOGY
Upon reaching an agreement to provide Building and Safety services to the Ciry of National City we shall
have resumes for review and those professionals able for an interview. JAS Pacific retains hundreds of
resumes of professionals at all times with a diverse range of qualifications available to fulfill the City's
service needs, and may be in place within 48 hours of initial request. All assigned personnel must be
approved by the City of National City and the client is given the opportunity to review resumes and
interview any and all staff members prior to placement. All new placements will be accompanied by a
member of the project management team on the introductory day to ensure compatibility of the
assignment. In addition, JAS Pacific consistently reviews job performance and client satisfaction on a
calendar basis, or upon client's request. JAS Pacific is able to meet all requirements as described in the
scope of services without the participation of additional consultants or sub -consultants. The City of
National City shall not incur additional costs for project management, administration of labor and/or
accounting with JAS Pacific. All fees documented will represent the provision of qualified consultants on
an hourly, as -needed basis.
JAS Pacific can accommodate individual construction projects when the clients request an on -site resident
inspector: as well as the provision of Part -Time and On -Call Professionals. Transportation shall be provided
for our inspectors and officers when vehicles are not available.
SERVICE
All requests for services should be directed to. Mrs. Nicolle Stormon, JAS Pacific Vice President. Nicolle
will be the primary account liaison dedicated to providing suitable candidates for selection, reviewing
progress and performance, and communication with the Ciry of National City relating to these issues. Mr.
J. Addison Smith will also be fully available to ensure complete satisfaction in all aspects of service, as well
has excellent support staff to aid in providing thorough and prompt response to all inquiries. Capable
management and administrative personnel are• also available to assist when needed. Nicolle Stormon
oversees all financial aspects and risk management functions and should be contacted in regards to these
matters.
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STANDARD SERVICES
STAFF
JAS Pacific is proud to offer a team of professionals selected for their excellent qualifications,
extensive experience, and commitment to service. All members of the JAS Pacific staff possess
either a professional registration or certification from ICBO/ICC, CABO, ACI, ACIA, and/or
other appropriate agencies. JAS Pacific personnel are required to maintain knowledge of current
and changing codes and therefore are encouraged to attend meetings and classes to sustain
knowledge of all current and changing codes. In addition, the recent increase of our in-house staff
ensures that all account administration requirements are met and the interests of our staff and the
City are maintained.
EDUCATION
All members of JAS Pacific staff are required to maintain current and valid certifications while
actively employed, and continuing education is encouraged in all pertinent fields. Inspectors,
Examiners, Officers and Technicians will be afforded the funds and the opportunity to maintain
their current certifications and to achieve further licenses and certifications. CEU requirements
will be met by all staff and JAS Pacific will provide this for all workforce, all personnel performing
New Construction and Rehab Construction will be certified as under the law AB717. In addition,
JAS Pacific maintains an up-to-date selection of in-house education materials and training
sessions available to all staff members. JAS Pacific consistently monitors certification
requirements and the status of all staff members on a calendar and/or as -needed basis.
BENEFITS
JAS Pacific provides an excellent benefits package to encourage loyalty, reliability and
dependability. We maintain health benefits, 40Ik retirement program, dental insurance,
supplemental disability insurance, and accident and life insurance packages including cancer
liabilities. Education benefits are in place to make it possible for all staff members to receive
industry necessary and/or related training, meet CEU requirements, and to be reimbursed for
certification fees, certification renewals and seminars. Staff members are eligible for a set amount
of paid holidays and vacation time after an established period of employment.
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WORK PLAN
INSPECTION SERVICES:
• Review thoroughly project specifications, plans, reports and calculations prior to
inspection to ensure structural and architectural stability.
• Perform and document comprehensive field inspections on assigned construction projects
to determine that all aspects of the project work conform to applicable and adopted
Building, Plumbing, Mechanical and Electrical codes, as well as zoning ordinances, energy
conservation and ADA requirements.
• Review plans for building construction, plumbing, mechanical and electrical systems.
• Participate in reviews regarding related projects with technical consultants, Fire Officials,
Health Officials and other influenced City and County agencies.
• Prepare correction notices and notices of non-compliance during inspections and
maintain a record of non -complying items and follow-up to resolutions of such items.
• Record conferences with contractors, engineers, architects and manufacturers.
• Utilize the City automated permit tracking system to obtain and record pertinent job
information and records.
• Introduce effective ways to provide thorough documentation and reports for all
investigations.
• Establish professional working relationships with all affected City Departments to
streamline enforcement efforts.
• Ensure that the public interests for a safe environment are met.
• Uphold the preservation of health, safety and welfare of the public.
• Provide an ICBO/ICC certified building inspector highly trained and skilled in every
aspect of the adopted model codes.
• Accommodate construction activity cycles without increasing permanent staff.
• Be readily available to accommodate the overload of inspection demands in a timely
manner.
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WORK PLAN
PERMIT TECHNICIAN SERVICES:
• Provide by professional means, quality counter services conforming to the jurisdiction's
unique requirements.
• Provide a cost-effective means to minimize operational costs without compromising the
quality of services demanded.
• Process and route applications, plans and calculate permit valuations and fees and answer all
related questions.
• Maintain files and answering telephones.
• Process and route inspection and plan review status requests.
• Customer friendly personnel.
• Computer literate personnel.
• Prepare daily and monthly permit activity reports.
• Track projects via referrals to and from conditioning agencies to assure all conditions are
met prior to issuance of permits and Certificates of Occupancy.
• Other duties as appointed by the Building Official.
• ICC certified personnel.
• Office personnel to perform office duties as appointed by Building Official and other
Management staff.
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WORK PLAN
PLANS EXAMINER SERVICES ON SITE:
• Provide full time Plans Examiner on staff
• Review architectural, plumbing, mechanical, and electrical construction drawings and
reports for compliance with construction and zoning codes, local ordinances and state
laws
• Provide clear and understandable written responses related to review.
• Attend meetings with permit applicants for clarification of review comments and
verification of corrections
• Approve corrected architectural, plumbing, mechanical, and electrical drawings for permit
issuance or plan revisions
• Interpret code requirements for members of the public and City staff -
• Advise on plan submittal, routing and record requirements, and proper fee determination
and approval status for permit issuance
• Provide technical guidance to Combination Building Inspectors and Plan Check engineers
on related plumbing, mechanical, and electrical requirements
• Inspects moderate to highly complex buildings and construction work to verify
compliance with building standards and related codes and regulations.
• Evaluate code compliance of existing buildings
• Performs other related duties as assigned
• Knowledge of California Building, Fire, Plumbing, Mechanical, Electrical, and Energy
Codes. Principles, practices and methodsof architectural, plumbing,, mechanical, and
electrical design and construction. Preservation techniques and the State Historical
Building Code
• Knowledge of State and local regulations including but not limited to asbestos and lead
paint removal, air quality, CAL -OSHA safe work practices, licensing of design
professionals and contractors, worker's compensation insurance, exterior noise standards,
green building standards, and seismic retrofit and fire sprinkler requirements. Municipal
zoning and land use principles and Mobile Home Park Act and related regulations
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WORK PLAN
CODE ENFORCEMENT SERVICES
• Maintain and improve the quality of life and appearance in our communities
by establishing, implementing and regulating effective policies and procedures
• Uphold the preservation of Health, Safety and Welfare of the public.
• Inspect properties for compliance with State Housing Law maintenance requirements,
including light, ventilation and occupancy requirements.
• Prepare and serve notices of violations, abatement orders, citations, corrections and stop
work orders on land use regulations, housing quality, and property maintenance.
• Prepare reports and cases for criminal prosecution and testify in court.
• Prepare and maintain written and photographic records.
• Perform inspections to ensure compliance with conditions of planning approvals.
Inspect signage for compliance with conditions of approval from the Architectural Review
Board and Planning Department.
• Ensure the municipal provi§ions governing existing signage; prohibited signs, temporary
signs, and other specific sign types are followed.
• Maintain positive public contact through education regarding neighborhood preservation
and improvement.
• Inspect properties for approved use and various conditions to determine if structures are
permitted.
• Identify and target blighted areas within our communities with enforcement efforts prior
to them becoming a blemish in the community.
• Establish effective prosecution efforts for repeat violators.
• Introduce effective ways to provide thorough documentation and reports for all
investigations
• Establish professional working relationships with all affected City Departments to
streamline enforcement efforts.
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BUSINESS
PRACTICES
As an industry leader, JAS Pacific complies with the regulations and
certifications issued Ly the appropriate agencies and conducts its relationships
employing fair business principles. All staff members are encouraged to uphold
these values while representing JAS Pacific.
16
MISCELLANEOUS
PROVISIONS
JAS Pacific acknowledges the receipt of the Terms, Condition and all Orders and Purchase Orders and formally
accepts these Terms and Conditions.
JAS Pacific complies with all State and Federal Labor Laws including those applicable to Disadvantaged and Equal
Employment Opportunity provisions.
JAS Pacific is an equal opportunity employer and agrees not to discriminate against any employee or applicant for
employment to be used in the performance of the obligations of consultant under the proposed agreement on the
basis of race, color, religion, national origin, ancestry, sex or age.
JAS Pacific agrees to indemnify, defend and hold Client harmless from any and all which result directly and indirectly
from the wrongful or negligent actions of liability or loss, resulting from any suits, claims or actions brought against
the Client, which result directly or indirectly from the wrongful or negligent actions of the consultant in the
performance of the services provided.
JAS Pacific agrees to provide all proper insurance and worker's compensation insurance for consultants, employees
and agents and agrees to hold harmless and indemnify Client for any and all claims arising out of injury, disability or
death of any consultants, employees or agents.
JAS Pacific agrees to have Client added to insurance coverage, as an additionally named insured. The insurance
coverage shall include a provision prohibiting any amendments to the coverage, or cancellation of the coverage,
without thirty-(30) days prior written notice being given to the Client.
At the time of execution of contract, and throughout the term of the contract, JAS Pacific agrees to carry General
Liability, Professional Liability and Automobile Liability Insurance. Such insurance shall be procured from an insurer
authorized to do business in the State of California and approved in writing by the Client.
This proposal and all documents referred to in the specifications and service agreement to be entered into between
JAS Pacific and the Client, and all the modifications of said Client documents, shall be construed together as the
final agreement between JAS Pacific and the Client. JAS Pacific shall not assign, transfer, convey or otherwise dispose
of contract, or his rights, title or interest in or to the same without the previous written consent of the Client.
17
SCHEDULE OF
FEES
Our clients appreciate ou-r consistent attention to budget parameters and
our capability to provide the services needed within these constraints. Our
services and fees are adapted to each jurisdiction as each jurisdiction is
unique in its requirements.
18
SCHEDULE OF FEES
JAS Pacific is pleased to provide the following Fee Schedule for Building and Safety
Support services for your review. For Inspection, Enforcement and Technician overtime
hours JAS Pacific shall receive time and half.
SUPPORT STAFF
Certified Building Inspector
Certified Code Enforcement Officer
Pernik Technician
Mileage while performing inspections
PLAN CHECK
Hourly In -House
Certified Plans Examiner
Plan Review Engineer
1
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$48.00 per hour
$48.00 per hour
$37.00 per hour
$.33 per mile
$55.00 per hour
$65.00 per hour
19
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, California 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
January 18, 2005
Nicolle Stormon, Vice President
JAS Pacific Inc
4295 Jurupa Street Suite 203
Ontario CA 91761
Dear Ms. Stormon:
On January 4, 2005, Resolution No. 2005-2 was passed and adopted by
the City Council of the City of National City, authorizing the Mayor to
execute an agreement with JAS Pacific, Inc. to provide the City with on -site
plan check services.
We are forwarding a certified copy of the above Resolution and one fully
executed original agreement.
Sincerely,
W\
Martha L. Alvarez
Deputy City Clerk
/mla
Enclosure
cc: Building & Safety
File No. C2005-1
® Recycled Paper
City of National City, California
COUNCIL AGENDA STATEMENT
FETING DATE January 4, 2005
AGENDA ITEM NO.
10
ITEM TITLE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH JAS
PACIFIC, INC TO PROVIDE THE CITY WITH ON -SITE PLAN CHECK SERVICES
PREPARED BY Kathleen Trees, Director DEPARTMENT Building & Safety
EXPLANATION
See staff report.
( Environmental Review
N/A
Financial Statement �~ 1
Estimated cost of the contract: $135,200 Ilf/
Estimated revenues: $184,000
Estimated current contract cost: $156,400
Estimated savings to the City: $21,400
STAFF RECOMMENDATION
Adopt the Resolution / tGrt� ki
BOARD / COMMISSION RECOMMENDATION
N/A
Approved By:
Finance Director
Revenue will exceed program
costs
Account No.
ATTACHMENTS ( Listed Below) Resolution No. 1005-2_
Staff Report JAS Pacific, Inc. Company Profile and Key Personnel
Resolution
Contract
A 200 i9.99)
STAFF REPORT
In 2000 the valuation of new construction in National City was $9,262,516. In 2004 it is
projected to be $44,919,470. This is a 484% increase in the amount of construction in the
city. According to the CDC the volume of work will continue to increase as new
residential projects become a reality over the next three to five years.
In 2000 the Building and Safety Department was able to plan check the proposed projects
with in-house staff (the Building Director and the Building Inspector). As the workload
increased, however, it gradually became impossible to plan check in house and today the
entire workload is sent to Esgil, our plan check overload contractor.
Sending the building plans to an off -site plan check contractor has resulted in a drop in
customer service. There is currently no one on staff that is able to answer technical
questions or make code interpretations for the customers. Theses questions usually come
from the National City residents who are working on their own homes. It is also
inconvenient for National City residents to travel to Kearney Mesa to pick up their plan
check corrections and drop off corrected plans. In addition, the Department has not been
able to develop adequate customer service bulletins for distribution. The coordination
between departments has been difficult with the only solution being to send two sets of
plans to the field. The plan from Esgil has the structural and building code corrections
completed and the other one has the fire, engineering and planning corrections
completed. This makes it confusing for the contractor as well as for the building
inspector in the field.
The plan check function is currently supported 100% by user fees. This fiscal year the
department is projecting that it will collect $184,000 in plan check fees, but will spend
85% of that on the current contract or $156,400 with reduced customer services levels as
noted above. This cost will increase with an increase in the workload.
Staff is recommending that the City contract with JAS Pacific, Inc to provide an on -site
plan check engineer. The cost to the'city for JAS Pacific, Inc. to provide on -site plan
check is $135,000, a savings of $21,400 to the City. This cost will remain the same even
if the workload increases, resulting in an even larger savings for the City. If the workload
decreases it would be possible to decrease the number of hours the plan check engineer
spent in the department. The advantages include increasing the customer service levels
as discussed above. The department will have someone in the office to answer technical
questions, customers will not have to drive to Kearney Mesa to drop off or pick up plan
corrections, all departmental plan checks will be done at the same time so the final plan
will have all corrections incorporated and plan check information bulletins can be
developed. In addition, the contractor will provide several potential employees that the
department can interview, they will review job performance, they will provide all the
overhead functions such as project management and labor and accounting and they will
provide training for their staff. In addition, if required the contractor can provide
additional inspectors on an on -going or as needed basis.
Below are additional alternatives available to the City Council:
1. Hire a permanent full-time plan check engineer at the mid -management level.
The cost of this option would be approximately $94,000 per year. This expense
would remain the same whether or not the workload increases or decreases. The
current savings to the city based on the projected revenue of $184,000 would be
$62,400 per year. The advantages include increased customer service as with the
JAS Pacific, Inc. contract and a mid -manager in the department that will be
responsible for the building and housing divisions. The disadvantage would be
that it is an on -going cost with a potential cost to the General Fund if there is a
reduction in development and plan check revenue falls below $94,000.
Historically, the plan check fees collected in 2000 totaled $70,000 and prior to
2000 varied but averaged approximately $50,000. Should development decrease
to prior levels the impact to the general fund would be between $44,000 and
$24,000 in on -going expenses plus overhead costs.
2. Hire a Limited Term plan check engineer at the mid -management level for 3
years. This option will have the same costs and advantages associated with the
full-time permanent plan check engineer but will not have the potential cost to the
General Fund if revenues decrease. In three years staff would review the
revenues and potential development and either extend the term of the position if
development continues or if the General Fund can subsidize the position or
terminate the employee if revenues fall below $94,000 per year. The
disadvantages include trouble recruiting and retaining a qualified plan check
engineer. Currently there is a demand for engineers who can plan check, so the
City may not be competitive with a limited term position.
To increase customer service levels to the public and maintain the quality of plan check
available from our current contractor, staff is recommending that the City Council
contract with JAS Pacific, Inc. to provide in-house plan check service. The advantages of
hiring a contractor include: increased customer service levels and no on -going budget
obligations if development activity decreases.
RESOLUTION NO. 2005 — 2
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT WITH JAS PACIFIC, INC. TO PROVIDE
THE CITY WITH ON -SITE PLAN CHECK SERVICES
WHEREAS, the City desires to employ a contractor to provide the City
with on -site plan review and inspection services; and
WHEREAS, the City has determined that JAS Pacific, Inc. is a corporation
providing professional building and safety services, and is qualified by experience and
ability to perform the services desired by the City, and JAS Pacific, Inc. is willing to
perform such services.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby
authorizes the Mayor to execute an agreement with JAS Pacific, Inc. to provide the City
with on -site plan review and inspection services. Said Agreement is on file in the office
of the City Clerk.
PASSED and ADOPTED this 4th day of January, 2005.
ATTEST:
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Mgr
Passed and adopted by the Council of the City of National City, California, on
January 4, 2005, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: NICK INZUNZA
Mayor of the City of National City, California
By:
MICHAEL R. DALLA
City Clerk of the City of National City, California
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2005-2 of the City of National City, California, passed and adopted
by the Council of said City on January 4, 2005.
By:
A
Ci Clerk of the Cit of National City, California
Deputy