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HomeMy WebLinkAboutCC Resolution 9241 (Fire Department Inspection Services)RESOLUTION NO. 9241 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH WILLIAM LELLIS FOR INSPECTION SERVICES IN THE FIRE DEPARTMENT (FROM 9/20/94 THROUGH 9/20/96) RESOLVED, that the City Council of THE CITY OF SAN RAFAEL, does hereby authorize City Manager Pamela Nicolai to sign an Agreement with William Lellis for Inspection Services in the Fire Department, copy of which is attached and by reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a REGULAR meeting of the City Council of said City held on MONDAY. the 17TH day of nrmnRRR , 1994, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None J E M. LEONCINI, City Clerk AMENDMENT TO AGREEMENT The parties to this amendment are the City of San Rafael (hereinafter referred to as the "City") and William Lellis (herein -after referred to as "Inspector") for the purposes of providing contractual fire inspection services. WHEREAS, on January 18, 1989, the City and the Inspector entered into an agreement for the Inspector to provide contractual fire inspection services until September 18, 1989; and WHEREAS, the agreement is being extended for a two (2) year period to September 20, 1996. WHEREAS, the original agreement and the extensions allowed for the continued extension of this agreement; and WHEREAS, the conditions of need still exist for the City to have a Contractual Fire Inspector as enumerated in the original agreement; and WHEREAS, William Lellis has agreed to continue to serve as a contract Fire Inspector; and WHEREAS, the City feels that Lellis has performed to expectations and has authorized the continued employment of Lellis as Contract Fire Inspector. NOW, THEREFORE, be it resolved that the written agreement between the parties dated January 18, 1989, shall be amended and modified as follows: 1. Section 4. shall be changed to the rate of thirty two ($32.00) dollars per hour. 2. The term of this agreement shall be September 20, 1994, to September 20, 1996, at which time it may be renewed. This agreement may be terminated by either party at any time upon thirty (30) days written notice to all parties to this agreement. 3. Section 9. has been amended to require auto insurance with a minimum coverage of $500,000 for liability and property damage. Amended Agreement Page Two IN WITNESS WHEREOF, the City and Inspector have caused their authorized representatives to execute this agreement the day and year first written above. For the City: c CITY MANAGER P LA J. NICOLAI DATED: /a 1a Attest: CIS CLERK JEANNE M. LEONCINI Approved •p s ,to form: CITY ATTORNEY GARY T. RAGGHIANTI DATED: to / go/ 4* For the Inspector: WILLIAM LELLIS DATED: /D �7f Attachment A e1.4:4 � 1;4; a This agreement is made and entered into this 6th day of February, 1989, by and between the CITY OF SAN RAFAEL (herein after referred to as the "City") and Bill Lellis (herein after referred to as "Inspector") for the purposes of providing contractual fire inspection services. WHEREAS, the City is currently experiencing several large, new construction projects being proposed and built; and WHEREAS, the City Fire Department is required to provide ser- vices, including but not limited to, Fire and Life Safety review and inspection, and Fire Protection System review and inspections through all phases of plan review, construction, and final inspection; and WHEREAS, these projects, if safely and correctly constructed, will be an asset to the CITY during the course of their life spans; and VhLRERS, the City is in the course of a very rigorous Ergine Company Inspection Program to identify and correct Fire and Life Safety violations in existing buildings; and WHEREAS, the City has a mandate from the State of California to perform certain inspections on facilities regulated by the Office of the State Fire Marshal; and WHEREAS, the failure of the CITY to perform said inspections causes the Office of the State Fire Marshal to conduct the inspections and for the CITY to have transfer allocations from the State reL-uced by the amount charged by the State Fire Marshal; and WHEREAS, the City has just revised its Hazardous Material Disclosure Ordinance; and WHEREAS, the Hazardous Materials Disclosure Ordinance will require the Fire Department to review said disclosures and inspect such locales as disclosed for the validity of the disclosure and conformance with applicable laws; and WHEREAS, Bill Lellis, having experience in those areas enumerat- ed, has agreed to serve as a Contract Fire Inspector on a temporary basis; and WHEREAS, the City has authorized employment of Lellis as Contrac- tor Fire INSPECTOR; and '�•`}v„i r 4-3-)-2-3 Page 2 WHEREAS, there currently exists income, in the form of fees for services rendered, for the payment of the contract. NOW, THEREFORE, in consideration of the mutual covenants and acreements contained herein, the parties hereto do agree as follows: 1. CITY agrees to employ Lellis as a temporary contract FIRE INSPECTOR and to provide any required identification. 2. The INSPECTOR agrees to perform Fire Prevention Inspection services as contained in Exhibit "A" and/or as assigned to him by the Fire Marshal and to surrender the identification upon termination of this contract. 3. The INSPECTOR will normally work 8:30 A. M. to 5:00 P. M., two days per week according to a schedule approved by the Fire Marshal. Changes in the sixteen (16) hour -per -week schedule are subject to approval by the Fire Marshal. Increases in the sixteen (16) hour -per -week schedule are sul:ject to approval by the Fire Chief. 4. In consideration of the INSPECTOR performing the services enumerated in 2 above, he shall be compensated at a rate of twenty five ($25.00) dollars per hour. NOTWITHSTANDING formal changes or increases in the sixteen (16) hour -per - week schedule as approved by the Fire Marshal or Fire Chief if the INSPECTOR is requested to perform work on unscheduled days and at short notice to augment Fire Prevention Bureau staffing he shall be compensated at the rate of thirty five ($35.00) per hour. 5. The INSPECTOR understands and agrees that he may be required to use his personal vehicle in the performance of his duties and that these operating costs are borne by INSPECTOR. 6. The INSPECTOR shall be paid twice each month on the business days falling nearest the 15th and the final day of the month. 7. For the term of this contract INSPECTOR shall be an indepen- dent contractor and will not accrue vacation, sick leave, paid holidays, nor will he be provided any health, dental, life and long-term disability or retirement benefits. 8. The INSPECTOR'S employment is subject to availability of funding by the continued use and income of fees for services charged by the City for Tire Prevention inspection services. Page 3 9. INSPECTOR agrees to maintain an auto insurance policy with $100,000 minimum coveroge for liability and property damage-. INSPECTOR agrees to hold harmless and indemnify CITY from any action or event giving rise to liability from INSPEC- TOR'S use of his personal vehicle in performance of his duties under this contract. 10. The INSPECTOR and the CITY agree to submit any claims arising under this agreement to binding arbitration pursuant tO thE: provisions of the California Code of Civil Procedure an -3 any successor statutes. 11. The term of this agreement shall be February 6th, 1989, to October 9th, 1989, at which time it may be renewed. This agreement may be terminated by either party at any time upon thirty (30) days written notice to all parties to this agreement. IN WITNESS WHEREOF, the CITY and the INSPECTOR have caused their _3ut}orized representatives to execute this ayreeinent the day and yoa-r t.irst written above. For The CITY: For The INSPECTOR: CITY I17"NAGEIQ Date BILL LELLIS Date APPhOVED AS TO FORM: ClTi ATuORNEY' � Date EXHIBIT "A" Under the general supervision of the Fire Marshal, the INSPECTOR performs Fire Prevention activities in the enforcement and inter- pretation of applicable codes and regulations. INSPECTOR'S duties include, but are not limited to the following: 1. Review preliminary site plans and provide comments for property and life conservation. 2. Review site plans for compliance with local laws and the Uniform Codes in the areas of Fire and Life Safety. 3. Review fire protection system drawings for conformance with local requirements and nationally recognized standards. 4. Conduct field inspections to insure that comments made pursuant to items 1 thru 3 above and the approved drawings are being complied with. 5. Conduct follow-up inspections for pre -citation purposes of those inspections conducted by Engine Company personnel. 6. Conduct inspections of facilities requiring a permit from the Fire Department including, but not limited to those permits enumerated in the Uniform Fire Code and the City Hazardous Materials Disclosure Ordinance . 7. Perform inspections of State Fire Marshal regulated occupancies.