HomeMy WebLinkAboutContracts & Agreements_123-2025AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of building and safety services ("Agreement") is made
and entered in this 17th day of June, 2025 ("Effective Date"), by and between the City of Redlands,
a municipal corporation ("City") and 4Leaf, Inc., a California corporation ("Consultant"). City and
Consultant are sometimes individually referred to herein as a "Party" and, together, as the
"Parties." In consideration of the mutual promises contained herein, City and Consultant agree as
follows:
ARTICLE 1— ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide on -call building and safety inspection, plan
review, CASp consulting, emergency response and special project services for City (the
"Services").
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing like and similar types of Services.
ARTICLE 2 — SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit "A,"
titled "Scope of Services," which is attached hereto and incorporated herein by this
reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in the
performance of this Agreement including, but not limited to, any applicable State
prevailing wage laws.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3.1 City designates Brian Desatnik, Development Services Director, as City's representative
with respect to performance of the Services, and such person shall have the authority to
transmit instructions, receive information, interpret and define City's policies and decisions
with respect to performance of the Services.
ARTICLE 4 — PERFORMANCE OF SERVICES
4.1 The term of this Agreement shall be for a period of one (1) year from the Effective Date of
this Agreement (the "Initial Term"). The City shall have the option to extend the Initial
Term of this Agreement by two (2) additional one-year terms (each, an "Extended Term"),
on the same terms and conditions, by providing written notice to Consultant at least thirty
(30) days prior to the expiration of the Initial Term or any Extended Term.
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4.2 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to City, consistent with City
Council -adopted policy for the same. It shall be the obligation of Consultant to obtain a
copy of such policy from City staff.
ARTICLE 5 — PAYMENTS TO CONSULTANT
5.1 Compensation: The compensation for Consultant's performance of the Services shall not
exceed the amount of Sixty Thousand Dollars ($60,000) for the Services provided during
the Initial Term. Should this Agreement be extended, the compensation for Consultant's
performance for the Services shall not exceed the amount of Sixty Thousand Dollars
($60,000) for the first Extended Term; and Sixty Thousand Dollars ($60,000) for the
second Extended Term, bringing the total possible amount of compensation to a not -to -
exceed amount of One Hundred Eighty Thousand Dollars ($180,000). For the Initial Term
and each Extended Term, City shall pay Consultant on a time and materials basis up to the
not to not -to -exceed amount in accordance with the rates specified in Exhibit "B," titled
"Compensation," which is attached hereto and incorporated herein by this reference.
5.2 Consultant shall submit monthly invoices to City describing the Services performed during
the preceding month. Consultant's invoices shall include a brief description of the Services
performed, the dates the Services were performed, the number of hours spent and by whom,
and a description of reimbursable expenses related to the Services. City shall pay
Consultant no later than thirty (30) days after receipt and approval by City of Consultant's
invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return
receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or
(iv) on the date sent by facsimile or electronic mail transmission (including PDF), if
confirmed with a copy sent contemporaneously by first class, certified, registered or
express mail; in each case properly posted and fully prepaid to the appropriate address set
forth below, or such other address as a Party may provide notice in accordance with this
section:
CITY:
City Cleric
City of Redlands
35 Cajon Street
P.O. Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
Phone: (909) 798-7531
CONSULTANT:
Marcus Johnson, CBO
Director of Southern California Operations
4Leaf, Inc.
424 E. Vanderbilt Way, Suite A
San Bernardino, CA 92408
Mjohnson@41eafinc.com
Phone: (909) 453-6588
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ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by
Consultant for the duration of its performance of the Services. Consultant shall not perform
any Services unless and until the required insurance listed below is obtained by Consultant.
Consultant shall provide City with certificates of insurance and endorsements evidencing
such insurance prior to commencement of the Services. Insurance policies shall include a
provision prohibiting cancellation or modification of the policy except upon thirty (30)
days prior written notice to City.
A. Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Consultant is self -insured or exempt from the workers' compensation laws of
the State of California. Consultant shall execute and provide City with Exhibit "C,"
titled "Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the
minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million
Dollars ($2,000,000) aggregate, for public liability, property damage and personal
injury is required. City shall be named as an additional insured and such insurance shall
be primary and non-contributing to any insurance or self-insurance maintained by City.
C. Consultant shall secure and maintain professional liability insurance throughout the
term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim
made.
D. Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and property
damage liability. This coverage shall include all Consultant owned vehicles used in
connection with Consultant's provision of the Services, hired and non -owned vehicles,
and employee non-ownersbip vehicles. City shall be named as an additional insured
and such insurance shall be primary and non-contributing to any insurance or self-
insurance maintained by City.
E. Consultant is expressly prohibited from assigning or subcontracting any of the Services
without the prior written consent of City. In the event of mutual agreement by the
Parties to assign or subcontract a portion of the Services, Consultant shall add such
assignee or subcontractor as an additional insured to the insurance policies required
hereby and provide City with the insurance endorsements prior to any Services being
performed by the assignee or subcontractor.
6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed
officials, employees and agents from and against any and all claims, losses or liability,
including attorneys' fees, arising from injury or death to persons or damage to property
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occasioned by any negligent act or omission by, or the willful misconduct of, Consultant,
or its officers, employees and agents in performing the Services.
ARTICLE 7 — CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in any
real property that may be the subject of this Agreement or any other source of income,
interest in real property or investment that would be affected in any manner or degree by
the performance of Consultant's Services. Consultant further covenants and represents that
in the performance of its duties hereunder, no person having any such interest shall perform
any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law;
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
(iii) authorize City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item;
(vi) adopt, or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in
malting a governmental decision or otherwise perform the same or substantially the
same duties for City that would otherwise be performed by an individual holding a
position specified in City's Conflict of Interest Code under Government Code
section 87302.
7.3 In the event City determines that Consultant must disclose its financial interests, Consultant
shall complete and file a Fair Political Practices Commission Form 700, Statement of
Economic Interests, with the City Clerk's office pursuant to the written instructions
provided by the City Clerk.
ARTICLE 8 — GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions
of this Agreement the prevailing Party shall, in addition to any costs and other relief, be
entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-
house counsel by a Party.
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8.2 Consultant shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement. Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, result in City's immediate termination of this Agreement.
8.3 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor any its agents shall
have control over the conduct of Consultant or Consultant's employees, except as herein
set forth. Consultant shall supply all necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Consultant are for its account only,
and in no event shall Consultant or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City. Consultant
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind
City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than five (5) days prior written notice to Consultant of City's intent to terminate. If this
Agreement is terminated by City, an adjustment to Consultant's compensation shall be
made, but (1) no amount shall be allowed for anticipated profit or unperformed Services,
and (2) any payment due Consultant at the time of termination may be adjusted to the extent
of any additional costs to City occasioned by any default by Consultant. Upon receipt of a
termination notice, Consultant shall immediately discontinue its provision of the Services
and, within five (5) days of the date of the termination notice, deliver or otherwise make
available to City, copies (in both hard copy and electronic form, where applicable) of
project related data, design calculations, drawings, specifications, reports, estimates,
summaries and such other information and materials as may have been accumulated by
Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis
for Services completed up to the date of termination.
8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to Consultant
pursuant to this Agreement. Such books shall be available at reasonable times for
examination by City at the office of Consultant.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained herein,
and any prior negotiations, written proposals or verbal agreements relating to such matters
are superseded by this Agreement. If a conflict arises between this Agreement and any
Exhibits, the terms of this Agreement shall govern. ,Except as otherwise provided for
herein, any amendment to this Agreement shall be in writing, approved by City and signed
by City and Consultant.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California, without regard to its conflicts of laws provisions. The Parties agree that
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all actions or proceedings arising in connection with this Agreement shall be tried and
litigated only in the state courts located in San Bernardino County, California, and the
federal courts located in Riverside County, California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement
is declared invalid, void or unenforceable by a court of competent jurisdiction, the same
shall be deemed severable from the remainder of this Agreement and shall not affect,
impair or invalidate the remaining sentences, clauses, paragraphs or sections contained
herein, unless to do so would deprive a Party of a material benefit of its bargain under this
Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLAN
B��k
Mario Sauce o, Mayor
ATTEST:
nne Donaldson, City Clerk
4LEAF, INC.
By;
Gene Barry, Vice PKesident
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EXHIBIT "A"
SCOPE OF SERVICES
Consultant will complete the following:
Plan review - Review building plans for compliance with the current editions of the California
Codes (i.e., the California Building Code, California Plumbing Code, California Mechanical Code,
California Electrical Code, California Green Code, Historical Code, etc.), development approvals,
and other pertinent City and State regulations falling within the purview of the Building Official;
provide a detailed list of deficiencies needing correction and mark up documents; make
recommendations for approval of said plans when found to be in compliance, as stated above, or
when they have been corrected or altered to be in compliance; and meet with various constituents,
including but not limited to, architects, building designers, contractors and owner -builders, to
resolve issues regarding plans being reviewed.
Inspection - Provide inspectors certified and qualified, per Subsection C below, to perform
building code inspections in accordance with the current editions of the California Codes (i.e., the
California Building Code, California Plumbing Code, California Mechanical Code, California
Electrical Code, California Green Code, Historical Code, etc.), State and City regulations and other
rules and regulations within the purview of the Building Official and review the permit package to
verify that the on -site condition is consistent with the City's records for development approvals,
square footage, setbacks, heights, and other requirements that may be applicable. Inspectors shall
be qualified to perform inspections of existing building for violations of Building Codes and
Ordinances as adopted by the City; research properties for prior approvals, permit and general
information relating to violations; investigate and take necessary action when a violation of City
regulations exists; comply with the City's procedures for reporting inspection results and
deficiencies; use City inspection summary reports; make appropriate entries onto the permit
documents and other records; notify the builder of other agency approvals required prior to
finalizing a building permit; maintain records as may be needed for the efficient and effective
operation of the City; and meet with members of the general public and City staff on a daily basis
in the City offices, if necessary.
Emergency Response - Following disasters, provide inspectors certified (Cal OES SAP
Evaluators) to perform evaluations of existing buildings for damage and/or safety assessments in
compliance with accepted industry standards, as directedby the Building Official; comply with the
City's procedure for reporting results; use City forms; make appropriate entries into City records
and maintain records as needed for the efficient and effective operation of the City; and meet with
members of the general public and City staff on a daily basis in the City offices, if necessary.
Special Projects — Consultant shall participate in a variety of special projects, as needed. These
projects may include, but not limited to, the preparation of engineered plan details, conducting
training on a variety of code -related topics, engineering practices, temporarily perform Building
Official duties, preparation of documents/handouts, and projects associated with public counter
services, and similar projects. Timeline for completion of special projects shall be mutually
determined by the Building Official and the Consultant.
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EXHIBIT "B"
COMPENSATION
FY2025.2026 FEE SCHEDULE & BASIS OF CHARGES
FOR THE CITY OF REDLANDS
All Rates are Subject to Basis of Charges
Plan Review Percentage; 6591
JbichosNe of air dirclidirrics vv(vp I rare critid 00 iviikh
fire blibid Oil OA houlty brish)
Hourlyflan Revie": $14S Non -Structural Review
$160 M I uctufal ItevIcAir
Fee includes:
'r- Initial fovicAv and livio J21 rechecks, Hourly
changes apply ofWr three (3) or more
rechecks.
5hippirls, courier, and elfcIrOlIkSMIC0.
111dwillif
ChlefBullchrig Official .. ............ .. ......... ............... --- .. ... . ...........
. ....... ................ - .......... --416birliouir
51fricuiral Plan lWvlew [irlpneer ....................................................... .........
............... ........ ....... ............ $160/houT
Norl-SInlrtuiral Plans Examiner .............. —1---l- .. ..... .... . ......
........ ---- .......... . .............. $145/hour
CerIllfrad WoSs Specialist (CA5p) Inspector/Plans firarniner . ... ...................
............. ............ ................ $1701hour
Senior Combination Building Inspector [Building Inspector 111) .... . .....................
.................
Commercial 11hirlding lospectorIll ................ .......... --
.................. ....... ............. --$1151hoor
Residential livIldins Inspector ...............
. . ........ ................ . ... ....... $100/houl
PermitManofier ...... ............. ....... -.- ....... ............ ........ ........ -- .............
...... ......... — ... -- ........ ....... $100/11mir
Senior Permit Techniclon ... ........... ......... . ..... ......... ........ -- ........
-..- ........ ........ .. - ...... Whom
Permit Techrriclan , ......... ........... .............................. . ......
- ......... ............. --- $110/hour
Cipuk/AdmInktranor ................... ........ 11-11-1.1— ... ... - ......... ....
--- ...................................... $55/11GUI
Supervising Inspectorof Record ........ . .................................. ..........
- ............ - ....... ......... -.41GS/11our
Inspworof Record ..... ................... ---- 1111-1-11.1—'— ............ 1— ................
- ......... ............... ....... ...... 4145/hour
DSAGlassI 105111iD A inspector ........ .. ........ -- ..... -p ............... .......
......... --- ... ..... . -.- ........ .$170/hour
DSA CWi 7,l OSHPO 0 Inspector ...... - ... ... . ......... ................ ............
-- .... ............... ...... ....... $11401hour
DSA Class 31 WIN) C Impactor ...... ... ......... . ... .............................. .
................ ............. 'r ... "$JO()JhoJJr
Hourly overtime charge perInspector ..... .......... .......... ... ....... ................ - ........... .......... J-5 x hourly rate
Mileage {for Inspections podonned vvithin the Cityl ..... ...... .................... ...... -- .............. ...... IRS Rate 4 20%
Pi,plect Management
ProjectManager..,.__ ........... .............. - ............. ........... ................ ....... ...........
Principakin0ulrflo-- .................... ................. - ............. ... ....... ...... ....... ....... -- ....... ... ... . ........... $275/hour
Otte EnULvwJJ=
CoteI nforcement Director ..... ............... .................... ....... ........................... - ............. ................... $185/hour
Codehiforcerrient Manager- .... -- ........................ . .......... - ......... ........ ....... ......... ..................... $155/hour
Code (inforceprent,%pervioar ........ ............... ....... . .......... . ......... ... - ......... ..... - .............. $140/hour
SeniorCode Enforcement Officer .................... ....................................... ........ ...................... ...... .... --$110Jllvur
Code Enforcement Niter 11- ............. ................ ....... ......... .................. ........ ........... ................... $901licalf
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CodeEnforce me nt officerl-----------------------•----------------..----------------•-••------------------------------------------------Whour
Code Enforce mentTechnittan------------ ----------------------------- ----- -- ------- -•------------------------------------------ /hour
Clerk/Administrator ----------------------------- --------- ---------------- ------ - -------------------------------------------------$55/hour
HousingInspector --------------------------- --------------------------- ----- ---•---------------------------------------- --....-.......$90/hour
Hearingofficer--------------------------------------------------------------------- ---- ------------------------ - ------------------ $145/hour
BASIS OF CHARGES
• Rates are inclusive of toots of the trade" such as forrns, telephones, and consumables-
• All invoicing will be submitted monthly -
Staff Augmentation work (excluding plan review) is subject to 4-hourminimum charges unlessstated
otherwise. Services billed in 4-hour increments-
• Most plan reviewswill be done in 10 business days or less and 5 business days or less for re -checks- This
is not inclusive of holidays orthe day of the p€ck-Lp of
plans -Expedited revie wswifl be billed at 1-5x the plan review fee listed --in the fee schedule- Return tune will be
within seven (7) days of receipt of the plans from the -
• Plan review of deferred submittals & revisions will be bulled at the hourly rates Irsted-
• All plan review services will be subject to a -00 mWmurn fee if percentage -based fee or 2-hour
minimum charge if hourly rates apply-
• Larger complex plan reviews can be negotiated to achieve the best passible pricing-
• All plan neviewservices will be subject to 2-hour minimum fee-
• All plan rev iew services are billed on a percentage basis and indudes the init<al review and 2 rechecks -
Plan reviews will be billed on an hourly basis only after the initial review and 2 rechecks unless otherwise
agreed upon on a case -by -case basis
Fire and hull Reviews are billed an an hourly'bwis and are not included in our plan review percentage.
• Overtime and Premium time will be charged as follows:
- Regular time fworkbegun ofter5AMorbefbm4PM4 Ixhouffyrare
- Nighttime fworkbegunafter4PMorbefore 5AM,l I325xhourtyrote
- Overtime (aver8-hourM-ForSaturdays) 15 x hatrrryrate
- Over6nv(over 8hours Sat orIstShourSun) 2xhoudyrare
- DvertFtm fover 8 hours Sun orHolidays) 3 x hourdy ruse
• Overtime will only be billed with prior authorization of the Director or other designated City personnel -
All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate -
Mileage driven during the course of Inspections will be charged at current cost rate -
Payment due on receipt- All payments over30 days will be assessed a 15% interest charge-
• Chentshall pay attorneys' fees, or other costs incurred in collecting delinquent amounts.
• In accordance with California's Meal Break and Rest Break Law requirements, Client will be billed one (1)
additional hour per day at the regular rate for each missed meal or rest break due to Client -directed
tasks or requirements- Client should allow 4LEAf:.s non-exempt, hourly employees the opportunity tD
take their entitled rest and meal breaks during each work shift
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EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees.
CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against Iiability for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work and activities required or permitted under this
Agreement. (Labor Code § 1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such that
I become subject to the workers' compensation laws of California, immediately I shall provide the
City with a certificate of consent to self -insure, or a certification of workers' compensation
insurance.
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct.
4LEAF, INC.
By: Date: 06/05/2025
ene Barry
Vice President
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