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HomeMy WebLinkAboutCC Resolution 12434 (Fire Prevention Plan Check & Inspection Services)RESOLUTION NO. 12434 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING AN AGREEMENT WITH STUART BLAKESLEY TO PROVIDE FIRE PREVENTION PLAN CHECK AND FIELD INSPECTION SERVICES. (Term: Two (2) years and three (3) months commencing on March 3, 2008 and ending on June 1, 2010) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The CITY MANAGER and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, an agreement with Stuart Blakesley for fire prevention plan check and field inspection services in an amount not to exceed $45,000 per year, a copy of which is hereby attached and by this reference made a part hereof. I, ESTHER C. BEIRNE, 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 3rd day of March, 2008 by the following vote, to wit: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS Brockbank, Connolly, Heller, Miller & Mayor Boro None None 'zS#UE'r— G • /—qQ4 P'.." . ESTHER C. BEIRNE, City Clerk AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND STUART BLAKESLEY TO PROVIDE FIRE PREVENTION PLAN CHECK AND FIELD INSPECTION SERVICES This Agreement is made and entered into this P day of March 2008, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Stuart Blakesley, (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ the services of a CONTRACTOR to provide services as a Fire Prevention Inspector, as set forth herein; and WHEREAS, CONTRACTOR has the training, education and experience in the fire prevention field; and WHEREAS, CONTRACTOR is willing to provide said fire prevention inspection services to CITY pursuant to the terms and conditions expressed herein; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: PROJECT COORDINATION. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Chief Building Official is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the work functions identified in Exhibit A, in conformance with regulations contained in the state and municipal codes. CONTRACTOR shall perform this work at the direction of the Chief Building Official/ Fire Marshal and under the supervision of the Deputy Fire Marshal. 3. DUTIES OF CITY. CITY shall provide CONTRACTOR with on-site work space and equipment to perform his duties under this agreement. CITY shall provide CONTRACTOR with a vehicle for conducting site inspections. Should a CITY vehicle not be available, and CONTRACTOR utilizes his personal vehicle, CITY shall pay CONTRACTOR the City's employee mileage rate. For performance of services pursuant to this Agreement, CITY shall pay CONTRACTOR compensation as outlined in section 4 of this Agreement. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay Contractor an hourly rate of $56.28 through June 30, 2009, after which the hourly rate shall be adjusted based on the latest annual increase in the Consumer Price Index for the San Francisco Bay Area (for all urban consumers). Total compensation through the term of this agreement shall not exceed $45,000 per year. 5. TERM OF AGREEMENT. The term of this Agreement shall be for 2 (2) years and three (3) months commencing on March 4, 2008 and ending on June 1, 2010. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 8. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 9. INSURANCE. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY an automobile liability insurance policy in the minimum amount of three hundred thousand ($300,000) dollars per occurrence. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution. The policy shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policy. CONTRACTOR shall provide CITY, Certificates of Insurance evidencing the insurance coverage required herein, and endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policy. 10. INDEMNIFICATION. CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR'S officers, agents and employees in the performance of their duties and obligations under this Agreement. 11. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person because of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 12. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 13. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Thomas Ahrens, Chief Building Official/ Fire Marshal Project Manager 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTRACTOR: Stuart Blakesley 1020 Larkin Way Napa, CA 94558 15. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent CONTRACTOR, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY and that CONTRACTOR shall not be entitled to nor receive any employee benefits. 16. ENTIRE AGREEMENT -- AMENDMENTS. The teens and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. If any conflicts arise between the teens and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 17. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies, which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 18. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 19. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 20. TAXES. CONTRACTOR shall pay any and all state, federal and other applicable taxes. CONTRACTOR's taxpayer identification number is 554-25-1929. and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. 21. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ATTEST: �zsf ,2 e- - P-,0-4 Z,, , ESTHER C. BEIRNE, City Clerk APPROVED AS FORM: trOBERT F,P'�S IETN, C ' Attorney CONTRACTOR Title: Fere �.� S p cG� Or. LOH�Vo-cto�f City of San Rafael Job Class Specification Job Title: Fire Prevention Inspector I/II (non -safety) DEFINITION: Reviews, inspects and investigates for fire prevention -related activities; inspects fire protection systems, construction sites, occupancies, structures, buildings, and storage and usages to ensure an appropriate level of fire protection and compliance with applicable state and local ordinances, and with nationally recognized fire protection standards; investigates and reviews a variety of fire -related issues; enforces the fire- and building -related codes and other aspects of the municipal code relating to construction, code enforcement, and building inspection; conducts field inspections for compliance with fire and life safety standards; conducts plan reviews; and does related work as assigned. This position receives direct supervision from the Building Official, or his designee and receives technical direction from the Fire Chiefs office as related to enforcement of Fire Department equipment access, and related Fire Department policies. DISTINGUISHING CHARACTERISTICS Fire Prevention Inspector I: This is the entry level class in the Fire Prevention Inspection series. This class is distinguished from the Fire Prevention Inspector II by the performance of the more routine tasks and duties assigned to positions within the series, which do not require prior specialized experience. Generally, work is supervised and reviewed both during performance and upon completion under the direction of the Fire Inspector II or the Plans Examiner positions. Since this class is typically an entry level position, employees may have only limited or no directly related work experience. Fire Prevention Inspector II: This is the journey level class within the Fire Prevention Inspector series. Employees within this class are distinguished from the Fire Prevention Inspector I by the performance of the full range of fire prevention inspection duties and operate under general supervision. Employees at this level receive only occasional instruction or assistance as new or unusual situations arise, and are fully aware of the operating procedures and policies of the work unit. Positions in this class are flexibly staffed and are normally filled by advancement from the lower class of Fire Prevention Inspector I, or when filled from the outside, require substantial prior fire prevention training and inspection experience. EXAMPLES OF IMPORTANT AND ESSENTIAL DUTIES: Fire Prevention Inspector I: • Interpret and enforce provisions of fire prevention and fire safety laws, City and State ordinances and other regulations. • Perform periodic inspections of new and existing buildings, structures and installations requiring fire clearances; identify fire hazards; recommend corrective actions; perform follow-up inspections to see that corrective actions have been taken. • Investigate complaints pertaining to violation of fire prevention laws; issue correction orders as necessary. • Perform tests on water flow, sprinkler and fire alarms and elevator return systems. EXHIBIT A • Prepare accurate records and reports. • Perform related duties and responsibilities as required. Fire Prevention Inspector II: In addition to the duties for Fire Prevention Inspector I: • Provide training, direction and review the work product of the Fire Prevention Inspector I • Provide information to the public concerning the fire prevention practices and procedures; assist in training programs and group presentations relative to fire prevention • Instruct fire suppression crews about code interpretation and inspection techniques regarding fire prevention. • Check building plans for code compliance; consult with architects and developers regarding problems and solutions. • Review plan submittals for fire suppression and alarm systems, calculate fees, and issue Fire Permits, and perform required inspection of those systems to assure compliance. • May participate in fire investigation in cooperation with the Fire Department KNOWLEDGE AND ABILITIES: Fire Prevention Inspector I: Knowledge of: • Principles, practices, and techniques of fire prevention. • Principles and techniques of building inspection work. • State Housing Code • English grammar, spelling, vocabulary and report writing Ability to: • Work within a team environment • Apply technical knowledge and follow proper inspection techniques. • Detect deviations from plans, regulations and standard safety practices. • Read and interpret building plans. • Learn to enforce a variety of codes, ordinances and regulations pertaining to fire prevention and building construction with firmness and tact. • Establish and maintain cooperative working relationships with those contacted in the course of work such as builders, contractors, the general public and building inspectors. • Operate a variety of office equipment including computer terminals and necessary computer programs. • Express ideas and communicate clearly and concisely, both orally and in writing and work comfortably with computers. • Deal tactfully and in a cooperative manner with architects, engineers, developers, the public and City staff to provide a high level of customer service. Fire Prevention Inspector II: In addition to the knowledge and abilities for Fire Prevention Inspector I: Knowledge of: • Principles, practices, techniques and equipment for fire suppression. Page 2 of 3 MManagement Services- WorkFile\HR- WorkFile\Human Resources\Job Specs_most current\Word Doc's\Fire Prevention Inspector I-II doc • Building construction practices • Procedures and techniques for operation and testing equipment such as fire extinguishers, sprinkler systems and alarm systems Ability to: • Perform journey -level fire prevention inspection skills for a variety of buildings, structures, and installations. • Perform annual maintenance inspections of commercial occupancies and assist Engine Companies with more difficult commercial inspections. • Perform plan reviews of building plans as well as plan submittals related to fire permits, and assist the Fire Plans Examiner as needed. • Identify fire hazards and recommend corrective actions. EXPERIENCE AND TRAINING GUIDELINES: Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Fire Prevention Inspector I: Experience: • One year or more of responsible experience in a variety of building construction or related inspection work that may include working with fire prevention regulations. • Training: • Equivalent to completion of the twelfth grade, supplemented by college level fire science or prevention classes. License or Certificate: • Possession of a California Class "C" driver's license, and satisfactory driving record. Maintenance of a California driver's license is a condition of employment. • Possession of a Fire Science Certificate is desirable. Fire Prevention Inspector II: Experience: • A minimum of three years of increasingly responsible fire prevention inspection experience. Training: • Equivalent to completion of the twelfth grade, supplemented by college level fire science • or prevention classes. Fire suppression experience is desirable. License or Certificate: • Possession of a California Class "C" driver's license, and satisfactory driving record. Maintenance of a California driver's license is a condition of employment. • Possession of one or more of the following is required: • Fire Science Certificates 1A, 113, 1C, 2A, 26, 2C • Certification - Section 832 Penal Code - State of California • Uniform Fire Code Certification (WFCA-ICBO/ICC) ■ ICBO or ICC certificates are desirable FLSA Status: Non-exempt Prepared by: Human Resources Prepared date: August 2006 Page 3of3 W Wanagement Services- WorkRIMI-IR- WorkHe\Human Resources\Job Specs_most current\Word Doc'slFire Prevention Inspector I-II.doc