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HomeMy WebLinkAboutCC Resolution 8238 (Fire Department Inspection Svcs)RESOLUTION NO. 8238 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH WILLIAM LELLIS FOR INSPECTION SERVICES IN THE FIRE DEPARTMENT (FROM 9/17/90 THROUGH 9/16/91) 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 Depart- ment, 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 Mondav the 17th day of Sentember 1990, by the following vote, to wit: AYES; COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT COUNCILMEMBERS: Mayor Mulryan JEANN%/15,. LEONCI*I, City Clerk �RIGINRI AGREEMENT This Agreement is made and entered into this 17th day of Septem- ber, 1990, 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, on January 18, 1989, the City and the Inspector entered into an Agreement for the Inspector to provide contractual fire inspection purposes until September 18, 1989; and WHEREAS, the Agreement was extended on September 6, 1988, to September 171 1990; and WHEREAS, the original Agreement and the extension allowed for the renewal; 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, Bill 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 continue employment of Lellis as Contract Fire Inspector. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto do agree as follows: 1. All stipulations of the original Agreement dated January 18, 1989, are to be continued except as enumerated below. 2. The original Agreement and its attachment, Exhibit "A", are attached hereto as Attachment A. 3. Condition Number 4 regarding compensation shall be changed to the rate of thirty ($30.00) dollars per hour. 4. The term of this Agreement shall be September 17, 1990, to September 16, 1991, 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. Agreement Page 2 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: For The INSPECTOR: CITY MANAGE& Date BILL LELLIS Date ATTEST: X .QtL�- Y CLERK APPROVED AS TO FORM; CITY ATTORNEY // Date U attachment A This agreement is made and entered into this 6th day of February, 11989, by and between the CITY OF SAN RAFAEL (herein after referred to as the "City") and Bill Lellis (herein after referred to as °"Insoector") 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 spa;:s; and `+!EREAS, the City is in the course of a very rigorous Engine= Company Inspection urogram to identify and correct Fire and .Life Safet-y violations in existing buildings; and WHEREAS, the City has a mandate from the State of California to parform 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 reduced by the account 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 WHERE.NS, the City has authorized employment of Lellis as Contrac- tor Fire INSPEC'T'OR; and Page 2 WHEREAS, Cher` 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 agreements 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 geek 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 unschedule3 dpivs 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 114SPECTOR shall be paid twice each month on the business days falling nearest the 15th and the final day of the m,nnth. 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. 6. 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 fire Prevention inspection services. Page 3 ?. I140-PECTOR agrees to maintain an auto insurance policy with $100,000 minimum coverage 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. 1o. The INSPECTOR and the CITY agree to submit any claims ar_sing under this agreement to binding arbitration pursuant to the provisions of the California Code of Civil Procedure and any successor statutes. 1 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. 1'1 WITNESS WHEREOF, the CITY and the INSPECTOR have caused their uti c)-rized representatives to e}:ecute this agreement the day and r_r first written above. 1' �l ,'tie CITY : For The IiySPECTOZ: r ; i 1 _'i MANAGEX Date BILL LEL I.IS D'a.te :,''rk(?VED AS TO FORM: C1`'1' ATTORNEY/- 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.