Common use of Development Management Services Clause in Contracts

Development Management Services. 2.10.1 Developer shall perform development management services in accordance with the terms of this DDA, including, without limitation, the following: 2.10.1.1 Investigation and analysis of the Property; 2.10.1.2 Scheduling and coordinating with the Project Lead; 2.10.1.3 Identification, analysis and compliance with Applicable Laws; 2.10.1.4 Processing and obtaining Entitlements; 2.10.1.5 Compliance with the terms of the Business Plan; analysis; 2.10.1.6 Risk management, including cost control and insurance 2.10.1.7 Integration with, and monitoring and facilitating design and construction of, the Great Park and other adjacent developments and infrastructure that benefit the Project, including, without limitation, the design, planning and construction by others of Marine Way; 2.10.1.8 Selection of, negotiation of contracts with, and coordination of the efforts (including scheduling) of all Consultants and Contractors throughout Phase 1 and Phase 2; 2.10.1.9 Management of the Consultants and Contractors, monitoring of the Entitlements for the purpose of facilitating the planning, design, construction and completion of the Project in a good, workmanlike and expeditious manner; 2.10.1.10 Maintenance at Developer’s offices of books and records, information, and reports of architects, appraisers, engineers, attorneys, accountants, or other professionals in any fashion relating to the Project, the Property and the Entitlements, all of which items shall at all reasonable times during normal business hours be open to the inspection of County upon at least twenty-four (24) hours’ advance notice; 2.10.1.11 Enforcing compliance with the Phase Schedules and Budgets; 2.10.1.12 Manage the preparation, implementation, and enforcement of Property-wide safety plans and procedures, including all appropriate measures to maintain safe working conditions on the Project for the public, County, Developer and construction personnel, traffic, visitors, pedestrians, and others; coordinate safety plans and procedures with City and County public safety and emergency agencies; 2.10.1.13 Timely preparing and filing, following approval by Project Lead, of any documents required for Developer to comply with its obligations hereunder; 2.10.1.14 Obtain and manage on- and/or off-site parking facilities to accommodate Developer’s employees and construction workers; and 2.10.1.15 Other services required by this DDA, the Phase Schedules and the Business Plans as requested by the Project Lead. 2.10.2 Subject to County’s obligations to fund particular parts of the Project as set forth in this DDA, Developer shall be responsible for the performance and payment of all such employees, managers, consultants and independent contractors retained by Developer. It is agreed that all such managers and other employees, for all purposes, are independent contractors or employees of Developer. Developer shall be solely responsible for all compensation, care and benefits payable to its employees, and all benefits payable on behalf of such employees, including social security taxes. In no event shall any such employees, managers or independent contractors have the right to participate in any employee benefits of County. 2.10.3 Developer shall comply and shall take all reasonable steps to cause all Consultants to comply with all Applicable Laws regarding the employment of aliens and others. The Developer shall obtain, from all persons performing work hereunder for Developer, all verification and other documentation of employment eligibility status required by Applicable Laws. The Developer shall retain all documentation for persons performing work hereunder for Developer for the period prescribed by the law. The Developer shall indemnify, defend with counsel reasonably approved in writing by County, and hold harmless, the County, its agents, officers, and employees from all Claims, including, without limitation, employer sanctions and any other liability, which may be assessed against the County in connection with any alleged violation by Developer of any Applicable Laws pertaining to the eligibility for employment of any persons performing work for Developer under this DDA. Developer’s obligations hereunder shall survive termination of this Agreement. 2.10.4 During the performance of this DDA, Developer and/or anyone acting under the supervision of Developer, including Consultants and Contractors, shall comply with the California Labor Code and shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, marital status, age, medical condition, physical handicap, or national origin; and Developer warrants that employees shall be treated during employment, without regard to their race, color, religion, ancestry, sex, marital status, age, medical condition, physical handicap, or national origin; and Developer will, in all solicitations or advertisements for employees placed by or on behalf of Developer, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, ancestry, sex, marital status, age, medical condition, physical handicap or national origin. Developer acknowledges that a violation of this provision shall subject Developer to all the penalties imposed for a violation of the California Labor Code. All agreements with Consultants shall include the substance of this Section 2.10.4. Violation of this provision may result in the imposition of penalty referred to in California Labor Code section 1735 or other applicable State and Federal regulation. The County shall have the right to annul this DDA without liability in the event Developer violates these nondiscrimination provisions. The Developer shall indemnify, defend with counsel approved in writing, and hold the County and the County Indemnitees harmless from all Claims arising from or related to allegations of Developer’s violation of this Section 2.10.4. Developer’s obligations under this Section 2.10.4 shall survive termination of this Agreement.