City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council approve an amendment to an existing professional
services agreement with VCA Group, Inc., for additional Building Inspector services to
meet staffing requirements for the remainder of Fiscal Year 2006-2007, in an amount
not to exceed $43,470.
BACKGROUND/DISCUSSION:
In the adopted budget for Fiscal Year 2006-2007, $126,000 were committed for
contract building inspectors, plus an additional $16,000 for desks and equipment.
However, staffing shortages throughout the year have caused the contract
inspectors to be utilized to a greater extent than anticipated. The Symantec project
has demanded a substantial amount of time from the available regular staff, leaving
the contract inspectors to cover much of the smaller projects. The amount
previously encumbered has thus been exhausted prior to the end of the fiscal year.
Staff now requests an additional contract amount to retain the services of the two
contract inspectors for the remainder of FY 2006-2007. It is expected that the need
of these contractual services will be continued in fiscal year 2007-08 and 2008-09,
therefore, funding is requested in the proposed budgets for fiscal year 2007-2008
and 2008-2009.
FISCAL ANALYSIS:
The cost for two contract building inspectors for the remainder of Fiscal Year 2006-
2007 is estimated at $43,470. No further support materials are required. Sufficient
Meeting Date: 06/11/07 Item Number: C-4
AGENDA ITEM: Approval of an Amendment to an Existing Professional
Services Agreement with VCA Group Inc. for Additional Building Inspector
Services for the Remainder of Fiscal Year 2006-2007.
Contact Person/Dept. Craig Johnson Phone Number: (310) 253-5802
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: Master Notification List (06/06/07).
Department Approval:
Sol Blumenfeld (05/18/07)
City Attorney Approval
Carol Schwab (by H. Iker) (06/01/07)
City Controller Approval
Marlee Chang (06/01/07)
City Manager Approval:
Jerry B. Fulwood (06/05/07) City of Culver City, California
City Council Agenda Item Report
funds are available in Building Safety Division, account # 10151500.411700
(Contract Labor) for these services.
ATTACHMENTS:
1. Contract No. 2006-039 with VCA Code Group, Inc.
2. Exhibit A – Schedule of Compensation
MOTION:
That the City Council:
1. Approve an amendment to the existing professional services agreement
with VCA Group, Inc., for additional Building Inspector services for the
Remainder of Fiscal Year 2006-2007 in an amount not to exceed $43,470 from
account number 10151500.411700 (Contract Labor); and
2, Authorize the City Attorney to prepare the necessary documents and
authorize the City Manager to execute such documents on behalf of the City.
MEETING DATE: June 11, 2007
AGENDA ITEM : Consideration of a Contract Amendment to Fund Contract
Building Inspectors to Meet Staffing Requirements for the Remainder of Fiscal Year
2006-2007.
ATTACHMENTS
Pages
1. Standard Contract No. 2006-039 with VCA Code Group, Inc. 1-5
2. Exhibit ` A' - Schedule of Compensation 6Contract No. 2006-039
CITY OF CULVER CITY
STANDARD FORM CONTRACT
WITH: VCA Code Group, Inc.
FOR: Building Inspection Services for Symantec Project 800 Corp. Pt
THIS AGREEMENT is made and entered into by and between THE CITY OF
CULVER CITY, a municipal corporation, hereinafter referred to as "City," and
VCA Code Group, Inc. (Contractual Building Inspecting Contractors), a
California corporation, hereinafter referred to as "Contractor."
CONTRACTOR'S SERVICES. During the term of this Agreement,
Contractor agrees to supply two inspectors to perform building inspection
services (the "Services"), including: inspection of building construction
and mechanical, plumbing, and electrical installation as requested by the
Community Development Director, or her designee.
TERM OF AGREEMENT. The term of this Agreement shall be from the
effective date pursuant to Paragraph 27 of this Agreement and shall end
upon the date the Community Development Director reasonably
determines all work has been satisfactorily completed or the maximum fee
set forth in Exhibit A has been reached.
3. PAYMENT FOR SERVICES. City shall pay for the services satisfactorily
performed by Contractor pursuant to the terms of this Agreement, the
compensation set forth in the "Schedule of Compensation" attached to
and incorporated into this Agreement as Exhibit "A." The compensation
shall be paid in the maximum amount and manner set forth in Exhibit "A."
4. TIME FOR PERFORMANCE. Contractor shall not perform any work
under this Agreement until (a) Contractor furnishes proof of insurance as
required under Paragraph 7 of this Agreement; and, (b) City gives
Contractor a written and signed Notice to Proceed.
5. DESIGNATED REPRESENTATIVE(S). Dan Van Dorpe shall be
responsible for job performance as one of the building inspectors,
supervision of the other inspector, contractual matters, and coordination
with City.
HOLD HARMLESS. Contractor shall be responsible for any and all
injuries to or death of any person, and for any and all damage to any and
all real or personal property including City's or others, caused by or
resulting from any acts, errors or omission of Contractor, its employees or
Page 1its agents arising out of or connected with rendition of services hereunder.
Contractor shall defend , hold harmless and indemnify City and its officers
and employees from any and all liability claims , including costs, for
damages to real or personal property , or personal injury or death,
resulting from Contractor 's, its employees or agent 's acts , errors or
omissions arising out of or connected with rendition of services
hereunder.
7. INSURANCE . Without limiting its obligations pursuant to Paragraph 6 of
this Agreement , Contractor shall submit one or more duly executed
certificates of insurance for Comprehensive General Liability in the
minimum amount of One Million Dollars ($1,000 ,000) single limit coverage
(endorsed by an endorsement , approved by the City Attorney),
Professional Liability in the minimum amount of One Million Dollars
($1,000,000 .00), Automobile Liability in the minimum amount of
$500,000/$500,000 and Workers Compensation insurance in statutorily
required amounts.
8. INDEPENDENT CONTRACTOR STATUS. City and Contractor agree
Contractor, in performing the services herein specified , shall act as an
independent Contractor and shall have control of all work and the manner
in which it is performed . Contractor shall be free to contract for similar
service to be performed for other employers while under contract with
City. Contractor is not an agent or employee of City, and is not entitled to
participate in any pension plan, insurance , bonus or similar benefits City
provides for its employees. Contractor shall be responsible to pay and
hold City harmless from any and all payroll and other taxes and interest
thereon and penalties therefor which may become due as a result of
services performed hereunder.
9. NONAPPROPRIATION OF FUNDS . Payments due and payable to
Contractor for current services are within the current budget and within an
available , unexhausted and unencumbered appropriation of the City. In
the event City has not appropriated sufficient funds for payment of
Contractor services beyond the current fiscal year, this Agreement shall
cover only those costs incurred up to the conclusion of the current fiscal
year.
10. ASSIGNMENT. This Agreement is for the specific services with
Contractor as set forth herein . Any attempt by Contractor to assign the
benefits or burdens of this Agreement without written approval of City
shall be prohibited and shall be null and void ; except that Contractor may
assign payments due under this Agreement to a financial institution.
11. RECORDS AND INSPECTIONS. Contractor shall maintain full and
accurate records with respect to all services and matters covered under
this Agreement . City shall have free access at all reasonable times to
Page 2such records, and the right to examine and audit the same and to make
transcripts therefrom, and to inspect all program data, documents,
proceedings and activities . Contractor shall maintain an up-to-date list of
key personnel and telephone numbers for emergency contact after normal
business hours.
12. OWNERSHIP OF CONTRACTOR'S WORK PRODUCT. City shall be the
owner of any and all computations , plans , correspondence and/or other
pertinent data , information , documents and computer media , including
disks and other materials gathered or prepared by Contractor in
performance of this Agreement , or at any earlier or later time when the
same may be requested by City. Such work product shall be transmitted
to City within ten (10) days after a written request therefor . Contractor
may retain copies of such products . All written documents that are
intended for public review shall be provided to City in a format suitable for
posting on the Internet.
13. NOTICES. All notices given or required to be given pursuant to this
Agreement shall be in writing and may be given by personal delivery or by
mail. Notice sent by mail shall be addressed as follows:
To City: City of Culver City
Attention: Craig Johnson, Building Official
Community Development
9770 Culver Boulevard
Culver City, California 90232-0507
To Contractor: VCA Code Group, Inc.
Attention: Dan Van Dorpe
2200 West Orangewood Ave Suite 155
Orange , CA 92868
14. TAXPAYER IDENTIFICATION NUMBER . Contractor shall provide City
with a complete Request for Taxpayer Identification Number ('TIN") and
Certification , Form W-9, as issued by the Internal Revenue Service.
Contractor's TIN is 02-0697917.
15. PERMITS AND LICENSES . Contractor, at its sole expense , shall obtain
and maintain during the term of this Agreement , all appropriate permits,
licenses, and certificates that may be required in connection with the
performance of services under this Agreement including , but not limited
to, a Culver City business tax certificate.
16. APPLICABLE LAWS, CODES AND REGULATIONS. Contractor shall
perform all work in accordance with all applicable laws, codes and
regulations required by all authorities having jurisdiction over such work.
Page 3
SContractor agrees to comply with prevailing wage requirements as
specified in the California Labor Code , Sections 1770, et seq.
17. PURCHASES OF SUPPLIES AND MATERIALS WITHIN CULVER CITY.
For work performed, Contractor agrees to seek bids for supplies and
materials from businesses located within the City of Culver City, with the
intent to make purchases from these businesses if such purchases can be
made at competitive prices.
18. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to
perform work similar to the services provided hereunder.
19. MODIFICATION OF AGREEMENT. This Agreement may not be
modified, nor may any of the terms, provisions or conditions be modified
or waived or otherwise affected, except by a written amendment signed by
all parties hereto.
20. WAIVER. If at any time one party shall waive any term , provision or
condition of this Agreement , either before or after any breach thereof,
then no party shall thereafter be deemed to have consented to any future
failure of full performance hereunder.
21. COVENANTS AND CONDITIONS. Each term and each provision of this
Agreement to be performed by Contractor shall be construed to be both a
covenant and a condition.
22. RIGHT TO TERMINATE. City may terminate this Agreement at any time,
with or without cause, in its sole discretion, with thirty-days' (30-days')
written notice.
23. EFFECT OF TERMINATION. Upon termination as stated in Paragraph
22 of this Agreement, City shall be liable to Contractor only for work
satisfactorily performed by Contractor up to and including the date of
termination of this Agreement, unless the termination is for cause, in
which event Contractor need be compensated only to the extent required
by law. Contractor shall be entitled to payment for work satisfactorily
completed to date, based on a proration of the monthly fees set forth in
Exhibit "A" attached hereto. Such payment will be subject to City's receipt
of a close-out billing.
24. GOVERNING LAW. The terms of this Agreement shall be interpreted
according to the laws of the State of California . If litigation arises out of
this Agreement , then venue shall be in the Superior Court of Los Angeles
County.
25. LITIGATION FEES. If litigation arises out of this Agreement for the
performance thereof, then the court shall award costs and expenses,
Page 4including attorney 's fees , to the prevailing party . In awarding attorney's
fees , the court shall not be bound by any court fee schedule but shall
award the full amount of costs , expenses and attorney 's fees paid or
incurred in good faith.
26. INTEGRATED AGREEMENT. This Agreement represents the entire
Agreement between City and Contractor for the subject matter hereof, and
all preliminary negotiations and agreements are deemed a part of this
Agreement . No verbal agreement or implied covenant shall be held to
vary the provisions of this Agreement . This Agreement shall bind and
inure to the benefit of the parties to this Agreement , and any subsequent
successors and assigns.
27. EFFECTIVE DATE. The effective date of this Agreement is the date it is
signed on behalf of City, and shall remain in full force and effect until
amended or terminated ; provided, that the indemnification and hold
harmless provisions shall survive the termination.
VCA Code Group, Inc.
Dated: By
Dan Van Dorpe , Presid nt
^3 o
Dated: /
APPROVED AS TO CONTENT:
Susan Elan
Comm . Dev. Director
APPROVED AS TO FINANCING:
Marlee Chang
City Controller
APPROVED AS TO FORM:
City Attorney
Carol A. Schwab
Page 5
9Contract No. 2006-039
EXHIBIT A
CITY OF CULVER CITY
AGREEMENT WITH VCA Code Group, i c.
FOR: Building Inspection Services for Symantec Project 800 Corp. Pt
SCHEDULE OF COMPENSATION
A. METHOD OF PAYMENT. Payment for all work performed by Contractor
pursuant to the terms of this Agreement , shall be made on the basis of the
hourly rate of Sixty Dollars ($60.00) per hour. This rate shall include all
out-of-pocket costs incurred in performing the work.
B. BILLING. Contractor shall submit an invoice no more than once monthly by
the 9 0t' of the month for work satisfactorily completed in the previous
month. The invoice shall be submitted to:
City of Culver City
Attn: Donna Neola , Building Analyst
9770 Culver Boulevard
Culver City, CA 90232-0507
The invoice submitted pursuant to this paragraph shall show the City
Agreement Number, hours worked by each person who performed services
during the billing period, the dates on which the services were performed, a
description of the services performed, and such other information as City
may reasonably require.
C. TIME OF PAYMENT. Payment to Contractor shall be made within thirty
(30) days after submittal of Contractor's invoice and approval by City, in
accordance with City's normal demand procedure.
Maximum Compensation. Notwithstanding the foregoing, Contractor shall
complete all the work and tasks described in the Agreement for a total
amount of compensation that does not exceed Sixty-three Thousand
Dollars ($63,000.00), which amount includes all out-of-pocket expenses.
Contractor Initials City Initials _4
EXBM1T A
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