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HomeMy WebLinkAboutCC Resolution 12356 (Fire Prevention Plan Check & Examination Services)RESOLUTION NO. 12356 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: Six (6) months commencing on September 6, 2007 and ending on March 5, 2008. ) 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 1 st day of October, 2007, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro None None JEANNE M. LEONCINI, 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 1 st day of October, 2007, 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 and 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/ Fire Marshal 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. TERM OF AGREEMENT. The term of this Agreement shall be for six (6) months commencing on September 6th, 2007 and ending on March 5, 2008. 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. A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. An automobile liability insurance policy in the minimum amount of three hundred thousand ($300,000) dollars per occurrence; 2. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of five hundred thousand ($500,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by section 9.A., shall also meet the following requirements: 1. 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; 2. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 3. 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 policies. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. 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 on the basis 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 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 KEN QRDHOFF, CITY Ma ger ATTEST: 4JAV NE M. LEONCIlVI, CITY Clerk APPROVED AS TO FORM: L GARY T. RAGGHIANTI, eITY Attorney CONTRACTOR By:�1',�.��"7 Title: F l r e I 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. Distin2uishinLy 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