2018/04/24 City Council Resolution 2018-055RESOLUTION NO. 2018-055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AGREEMENT FOR BUILDING CONSULTANT
SERVICES WITH THE CITY OF SEBASTOPOL
WHEREAS, the City of Rohnert Park continues to experience significant volume increases in
requests for services from its Building Division in order to support implementation of the City's
General Plan;
WHEREAS, the City of Rohnert Park and Sebastopol have determined it to be in their mutual
best interests to share services when it results in additional resource for the City of Rohnert Park and
Sebastopol;
WHEREAS, the City of Rohnert Park will be able to offer expanded services locally that are
currently outsourced;
WHEREAS, the City of Sebastopol will be able to provide expanded services locally that are
currently not available;
WHEREAS, contracting with the City of Sebastopol for service augmentation is consistent
with the City of Rohnert Park's Purchasing Policy; and
WHEREAS, the cost of the Sebastopol's services will be reimbursed through permit and plan
check fees set forth in approved City fee schedules or cost recovery billings as authorized through
reimbursement agreements and does not represent a cost to the City's general fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park
that it does hereby approve the Agreement for Building Consultant Services with the City of
Sebastopol in an amount not to exceed one hundred thousand dollars ($100,000).
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to
take all actions to effectuate this Resolution for and on behalf of the City of Rohnert Park, including
execution, if necessary, in substantially similar form to the Agreement attached hereto as Exhibit "A,"
subject to minor modifications by the City Manager or City Attorney.
BE IT FURTHER RESOLVED that that upon receipt of developer reimbursements, the
Finance Director is authorized to make appropriations and increase budgeted revenue as necessary to
cover the costs of this agreement.
DULY AND REGULARLY ADOPTED this 24th day of April, 2018.
CITY OF ROHNERT PARK
Pam Stafford, Mayor'
ATTEST:
J Anne Buergler, City Clerk
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Attachments: Exhibit A
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2018-055
Exhibit A to Resolution
AGREEMENT FOR BUILDING CONSULTANT SERVICES
AGREEMENT made this 151h day of May, 2018, between the City of Sebastopol ("Sebastopol"),
and the City of Rohnert Park ("Rohnert Park").
The parties agree as follows:
Services to be Performed
1) Sebastopol will perform the following tasks for and on behalf of Rohnert Park:
a) The Chief Building Official of Sebastopol will provide to Rohnert Park the services of a
Chief Building Official ("CBO"), as that position is defined and described in Rohnert
Park's Municipal Code, policies and regulations and in the applicable California Building
Code Standards as adopted by Rohnert Park ("Building Code"), and for and on behalf of
Rohnert Park, the CBO shall perform all those tasks and duties which are assigned to
the Building Official under said codes, policies, and regulations.
b) The CBO shall report to the Rohnert Park Director of Development Service, or their
designee, for the final determination of the manner in which the CBO's duties are
discharged pursuant to this Agreement. The CBO shall perform or shall have direct
supervisory authority over and responsibility for the performance of duties assigned by
the Rohnert Park Director of Development Service, or their designee. Duties will include
but are not limited building inspection services for existing and new structures, plan
examination services, or providing updates to policies, the Rohnert Park Municipal Code,
and California Building Code Standards as outlined in the next section.
c) The CBO shall provide the following services and perform the following tasks for
Rohnert Park:
1. Inspect or oversee inspection of, buildings and their systems and components to
determine compliance with Building Code and other construction -related
requirements regulating new construction, alteration and repairs in Rohnert Park;
2. Inspect or oversee inspection of existing structures and man-made features to
determine whether or not they comply with applicable Rohnert Park Municipal
Code provisions, the Building Code and other construction -related requirements
regulating new construction, alteration and repairs in Rohnert Park. In the event
such inspections reveal structures or features which are not in compliance with said
codes, the CBO shall have the authority to issue citations therefore on behalf of
Rohnert Park;
3. Examine permit applications, plans, specifications, calculations and other pertinent
data to determine compliance of said documents with the Building Code and other
construction -related requirements regulating new construction, alteration and
repairs in Rohnert Park. Permit application examination will be on an as -needed
basis, as directed by Rohnert Park Director of Development Service, or their designee
and as long as the time spent on such review is within the constraints imposed upon
the time the CBO is required to perform services for Rohnert Park hereunder;
4. Conduct a review of Rohnert Park's policies, the Rohnert Park Municipal Code, and
California Building Code Standards to determine whether they are consistent with
applicable laws and make recommendations to Rohnert Park and prepare applicable
supporting administrative documentation to accommodate code revisions with
respect to such consistency.
Times of Performance
2) The CBO shall expend an average of 10 hours per work week performing the services
described above. They shall allocate the hours they are required to work hereunder such
that they are present at Rohnert Park City Hall and/or performing services for Rohnert Park
as approved by the Rohnert Park Director of Development Service, or their designee. The
parties shall establish a mutually agreeable schedule of the times, days and hours where
and during which the CBO must perform services for Rohnert Park hereunder. That
schedule may be modified by mutual agreement. Additional hours of services will be billed
with prior approval from the City of Rohnert Park Director of Development Service, or their
designee and the City of Sebastopol City Manager or their designee.
Compensation for Services
3) The total cost for services shall be actual costs (time and materials) based on Sebastopol's
standard labor charges in accordance with the following criteria for an amount not -to -exceed
one hundred thousand dollars ($100,000).
a) At the onset of the contract until June 30, 2018, Rohnert Park shall pay Sebastopol $83.83
for each hour during which Sebastopol performs the services described herein in
Rohnert Park. On July 1, 2018, Rohnert Park shall pay $87.18 for each hour
during which Sebastopol performs the services described herein in Rohnert Park. Said
sum shall be paid in arrears, at the end of each month with a total not to exceed amount
of 80 hours during any month of service. At no time shall Rohnert Park assign duties that
require work outside of normal business hours forth by Sebastopol and agreed to by
Rohnert Park. As stated above, additional hours of services will be billed with prior
approval from the City of Rohnert Park Director of Development Service, or their
designee and the City of Sebastopol City Manager or their designee.
Exhibit A to Resolution
b) The compensation agreed to be paid under this Section 3, shall be the sole and exclusive
consideration paid to or provided Sebastopol by Rohnert Park. Sebastopol shall pay all
employee salary, benefits, taxes and withholdings required under law for the services
their employees render hereunder.
c) In the event that the compensation paid to the CBO, as an employee of Sebastopol, by
Sebastopol increases, Sebastopol may increase the compensation paid by Rohnert Park to
Sebastopol pursuant to this Agreement; provided that any such increase is preceded by at
least 30 days advance, written notice from Sebastopol to Rohnert Park and contains a
detailed description of the nature and cause of the increase. In no event shall the
percentage increase noticed by Sebastopol pursuant to this subsection 3(c) exceed the
percentage increase in the base salaries upon which it is predicated.
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4) The term of this agreement shall commence on the 15th day of May, 2018, and shall
continue until July 1, 2019 (the "initial term"), unless earlier terminated in accordance with
the provisions set forth herein below. The initial term may be automatically extended in
six (6) months increments, to July 1st or the first business day following January 11t, unless,
at least thirty (30) days prior to the termination of any such term or extended term, either
party delivers to the other party a written notice stating that the term shall not be renewed.
Any such renewed term may be terminated pursuant to the termination provisions set
forth below.
Materials and Supplies
5) Sebastopol will furnish, acquire, maintain, and repair all materials and equipment
necessary to perform the foregoing services with the exception of secretarial services,
office space, and a vehicle which are to be supplied by Rohnert Park. Rohnert Park will
supply office equipment and materials required to perform plan reviews.
Independent Contractor Status
6) Neither Rohnert Park nor any of its officers or employees shall have any control over the
conduct of the CBO except as herein set forth. It is expressly understood and
acknowledged that the CBO is and shall at all times remain as to Rohnert Park a wholly
independent contractor and that the CBO's obligations to Rohnert Park are solely such as
are prescribed by this Agreement, and that the manner in which the CBO performs the
duties assigned to shall be left to the CBO.
Skill of Contractor
7) Neither this Agreement nor any interest therein may be assigned by Sebastopol without
the prior written consent of the Rohnert Park Director of Development Service or their
designee. The designated personnel employed by the City of Sebastopol to perform the
aforementioned services shall be: Glenn Schainblatt / Chief Building Official. The CBO
shall perform all duties herein undertaken in a competent, diligent, and timely manner and
in accordance with the best principles and practices of the building official profession.
Notwithstanding anything stated to the contrary in this Agreement, Sebastopol shall not
designate any persons other than Glenn Schainblatt to perform hereunder. In the event
that Sebastopol uses or assigns any person other than Glenn Schainblatt to perform under
this Agreement, Rohnert Park shall have the unilateral right to terminate this Agreement
without advance notice to Sebastopol.
Indemnification of City of Sebasto of
8) Except as to the active negligence or willful misconduct of Sebastopol or any of its officers
or employees the City of Rohnert Park shall indemnify, defend and hold free and harmless
the City of Sebastopol, its officers and employees from and against any and all claims, loss,
damages, failure to comply with any current or prospective laws, cost or liability, including
attorney's fees, for injury to or death of persons or damage or destruction to property
arising out of, attributable to, or in any way connected with the negligent performance of
the services required to be performed under this agreement or the willful misconduct by
the CBO.
Insurance
9) REMIF Insurer:
Rohnert Park and Sebastopol both belong to the Redwood Empire Municipal Insurance
Fund (REMIF). They both have the same General/Auto liability and Workers Comp
coverages. If any claims arise which are attributable to the actions of Rohnert Park and are
covered under the Indemnification Agreement, in the performance of this agreement,
REMIF will defend and indemnify Sebastopol at Rohnert Park's expense, pursuant to
REMIF's coverage of covered losses. Such defense and indemnification costs will be charged
against the City of Rohnert Park's mod factor and premium, not the City of Sebastopol's, as
calculated by REMIF.
10) Non-REMIF Insurer:
If Rohnert Park leaves REMIF, then the insurance conditions, as listed below, will go into
effect and be required to be met. Rohnert Park shall procure and maintain for the duration
of this Agreement insurance against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the work hereunder by
Rohnert Park, Rohnert Park's agents, representatives and employees.
a) Minimum Scope of insurance. Coverage shall be at least as broad as:
Exhibit A to Resolution
(1) Insurance Services Office Commercial General Liability coverage (occurrence form
CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 12/90) covering Automobile
Liability, code 1 (any auto).
(3) Workers' Compensation Insurance as required by the State of California and
Employers' Liability Insurance.
b) Minimum Limits of insurance. Rohnert Park shall maintain limits no less than:
(1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability Insurance or other form with a
general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $2,000,000 per accident for bodily injury and property
damage.
(3) Employers Liability: $1,000,000 per accident for bodily injury or disease
(4) Worker's Compensation, Statutory Limits: $1,000,000 per accident for bodily injury
or disease.
(5) Errors and Omissions liability: $1,000,000 per occurrence or claim as approved by
Sebastopol.
c) Deductibles and Self -Insured Retention. Any deductibles or self-insured retentions
must be declared to Rohnert Park and Sebastopol. At the option of Rohnert Park and
Sebastopol, either: the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects Sebastopol, its officers, officials, employees and volunteers, or
Rohnert Park shall provide a financial guarantee satisfactory to Sebastopol
guaranteeing payment of losses and related investigations, claim administration and
defense expenses.
d) Other Insurance Provisions. The Commercial General Liability and Automobile Liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) Sebastopol, its officers, officials, employees and volunteers are to be covered as
Insureds as respects: liability arising out of work or operations as performed by or
on behalf of Rohnert Park; or automobiles owned, leased, hired or borrowed by
Rohnert Park.
(2) For any claims related to this Agreement, Rohnert Park's insurance coverage shall
be primary insurance as respects Sebastopol, its officers, officials, employees and
volunteers. Any insurance or self-insurance maintained by Sebastopol, its officers,
officials, employees or volunteers shall be in excess of Rohnert Park's insurance and
shall not contribute with it.
(3) Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be canceled by either party, unless thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to Rohnert Park
and Sebastopol.
(4) The Worker's Compensation endorsement shall contain a Waiver of Subrogation
against Sebastopol. Rohnert Park shall provide to Sebastopol an endorsement from
the Worker's Compensation insurer, if any, agreeing to waive all rights of
subrogation against Sebastopol for injuries to employees of the insured resulting
from work for Sebastopol or use of Sebastopol's premises or facilities.
e) Acceptability_ of Insurers. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII, unless otherwise acceptable to Sebastopol.
f) Verification of Coverage. Rohnert Park shall furnish Sebastopol with original certificates
and amendatory endorsements effecting coverage required by this clause. The
endorsements should be on forms provided by Sebastopol or on other forms provided
those endorsements conform to Sebastopol's requirements. All certificates and
endorsements are to be received and approved by Sebastopol before work
commences. Sebastopol reserves the right to require complete, certified copies of all
required insurance policies, including endorsements affecting the coverage required
by these specifications at any time:
Ordinances and Regulations
11) In performing the services required of them under this Agreement, the CBO shall comply
with all applicable federal, state, county, and town statutes, ordinances, and regulations.
If such compliance is impossible for reasons beyond their control, the CBO shall
immediately notify Rohnert Park of that fact and the reasons therefore.
Termination at Will
12) This Agreement for CBO services with Sebastopol may be terminated by either party at any
time for any or no reason; provided that the party terminating this Agreement gives the other
party at least 30 days advance, written notice of such termination.
Exhibit A to Resolution
Governing Law Entirety of Agreement, and Partial Invalidit
13) This Agreement shall be governed by the laws of the State of California. It constitutes the
entire agreement between the parties regarding its subject matter. If any provision in this
contract is held by any court to be invalid, void, or unenforceable, the remaining provisions
shall nevertheless continue in full force.
Executed at Rohnert Park, California, on the day and year first above written. Executed at
Sebastopol, California, on the day and year first above written.
CITY OF ROHNERT PARK:
By: 1.
Darrin Jenkins, Rohnert Park City Manager (Date)
Per Resolution 2018- adopted by the Rohnert Park
City Council at its meeting of April 24, 2018.
ATTEST:
Rohnert Park City Clerk
APPROVED AS TO FORM:
Rohnert Park City Attorney
CITY OF SEBASTOPOL:
Larry McLaughlin, Sebastopol City Manager (Date)
Per Resolution 2018- adopted by the Sebastopol
City Council at its meeting of May 15, 2018.
ATTEST:
Sebastopol City Clerk
APPROVED AS TO FORM:
Sebastopol City Attorney