HomeMy WebLinkAboutCC Resolution 12160 (Fire Prevention Plan Check Services)RESOLUTION NO. 12160
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 EXAMINATION SERVICES.
(Term: Three (3) months commencing on December 5, 2006
and ending on March 5, 2007. Upon mutual agreement of both
parties, and subject to approval of City Manager, may be
extended six (6) additional months)
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 examination services in an amount not to exceed $19,900, a copy of which is hereby
attached and by this 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 4th day of December, 2006, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANNE M. LEONCINI, City Clerk
AGREEMENT
BETWEEN THE CITY OF SAN RAFAEL
AND STUART BLAKESLEY
TO PROVIDE FIRE PREVENTION PLAN CHECK
AND EXAMINATION SERVICES
This Agreement is made and entered into this _5_tb day of December 2006, 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 Plan Checker, as set forth herein; and
WHEREAS, CONTRACTOR has the training, education and experience in fire
prevention plan checking and examining services; and
WHEREAS, CONTRACTOR is willing to provide said fire prevention plan checking and
examining services to CITY pursuant to the terms and conditions expressed herein;
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. 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 his own direction in accordance with his professional expertise.
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 $54.65. Total compensation through the term of this
agreement shall not exceed $19,900, unless extended as provided for in Section 5.
5. TERM OF AGREEMENT.
The term of this Agreement shall be for three (3) months commencing on December 5,
2006 and ending on March 5, 2007. Upon mutual agreement of the parties, and subject to the
approval of the City Manager, the term of this Agreement shall be extended for up to an additional
period of six (6) months.
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
Project Manager
City of San Rafael
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 terms 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 terms 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
_Qn1 t
KEN�FQ 1-10 F, City M age
ATTEST:
JE NNE M. LEONC �CITY,lerk
CONTRACTOR
By:-��-� Ac,-,,-�
Title: T s P Pct o/
APPROVED AS TO FORM:
GARY T. RAGGHIANTI, CITY Attorney
FIRE PLANS EXAMINER
(Non -Safety)
Definition
Under general direction, 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 the full range of simple to complex plan reviews; presents
education to the public on fire prevention, code enforcement; and does related work as assigned.
This position receives direct supervision from the Building Official, and receives technical direction from
the Fire Chief s office as related to enforcement of Fire Department equipment access, and related Fire
Department policies.
Distineuishin2 Characteristics
This is a journey -level, non -safety class within the Community Development Department that is a senior
level fire prevention position with advanced experience in building and fire code applications and
specializes in fire prevention and municipal code enforcement. It is distinguished from the Fire Prevention
Inspector classifications by the greater independence and technical expertise which the incumbent is
expected to effectively demonstrate. Employees at this level receive only occasional instruction or
assistance as new or unusual situations arise, 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
inspector class after demonstrating the higher-level knowledge and skills; or when filled from outside the
City, incumbents must have prior, significant fire prevention training and experience.
Examples of Important and Essential Duties
Review plans and specifications for fire suppression systems, and fire alarm systems.
Support fire suppression specifications and Fire and Building Code requirements to ensure compliance
with Federal, State, and local fire safety regulations, laws, standards, and codes.
Perform or oversee field inspections of construction sites for compliance with all fire code requirements.
Review sites and building development plans for local fire protection and system requirements and Fire
Department suppression operational standards.
Provide technical advice to City staff, contractors, architects, developers and the general public.
Perform basic and complex calculations necessary to review plans and to calculate fees. Issue permits
and process reports and other data on the computerized permit tracking system.
Design and prepare informational handouts for distribution to the public.
May participate in fire investigation in cooperation with the Fire Department
Advise building and fire inspectors on fire and life safety issues arising in the field during construction
inspection.
Provides work review/information and instruction to less experienced Fire and Building division
personnel as directed.
May assign work, including field inspections and review performance for the Fire Inspectors, as
determined by the Building Official
Along with the Senior Building Inspector, maintain and participate in the Over -the -Counter plan check
process to ensure a high level of customer service.
Assist the Building Official in the budget preparation and code adoption process.
As required, make written or oral reports to the City Council, Planning Commission, and civic groups.
Perform related duties and responsibilities as required.
EXHIBIT A
FIRE PLANS EXAMINER
(Non -Safety)
Definition
Under general direction, 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 the full range of simple to complex plan reviews; presents
education to the public on fire prevention, code enforcement; and does related work as assigned.
This position receives direct supervision from the Building Official, and receives technical direction from
the Fire Chief s office as related to enforcement of Fire Department equipment access, and related Fire
Department policies.
Distiniuishing Characteristics
This is a journey -level, non -safety class within the Community Development Department that is a senior
level fire prevention position with advanced experience in building and fire code applications and
specializes in fire prevention and municipal code enforcement. It is distinguished from the Fire Prevention
Inspector classifications by the greater independence and technical expertise which the incumbent is
expected to effectively demonstrate. Employees at this level receive only occasional instruction or
assistance as new or unusual situations arise, 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
inspector class after demonstrating the higher-level knowledge and skills; or when filled from outside the
City, incumbents must have prior, significant fire prevention training and experience.
Examples of Imnortant and Essential Duties
Review plans and specifications for fire suppression systems, and fire alarm systems.
Support fire suppression specifications and Fire and Building Code requirements to ensure compliance
with Federal, State, and local fire safety regulations, laws, standards, and codes.
Perform or oversee field inspections of construction sites for compliance with all fire code requirements.
Review sites and building development plans for local fire protection and system requirements and Fire
Department suppression operational standards.
Provide technical advice to City staff, contractors, architects, developers and the general public.
Perform basic and complex calculations necessary to review plans and to calculate fees. Issue permits
and process reports and other data on the computerized permit tracking system.
Design and prepare informational handouts for distribution to the public.
May participate in fire investigation in cooperation with the Fire Department
Advise building and fire inspectors on fire and life safety issues arising in the field during construction
inspection.
Provides work review/information and instruction to less experienced Fire and Building division
personnel as directed.
May assign work, including field inspections and review performance for the Fire Inspectors, as
determined by the Building Official
Along with the Senior Building Inspector, maintain and participate in the Over -the -Counter plan check
process to ensure a high level of customer service.
Assist the Building Official in the budget preparation and code adoption process.
As required, make written or oral reports to the City Council, Planning Commission, and civic groups.
Perform related duties and responsibilities as required.
EXHIBIT A
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