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HomeMy WebLinkAboutItem 8.5 BldgLawEnfrcmntContrct .-'" . . CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 21, 1994 SUBJECT: Building Law Enforcement contract Services Review and proposed Amendment to Agreement - Taugher & Associates ~ (prepared by: Paul S. Rankin, Assistant city ~- Manager/Administrative services Director) EXHIBITS ATTACHED: 1. ~current Agreement with Taugher & Associates 2. ~customer service Evaluations 3. ~Memo Dated 6/15/94 from Vic Taugher to Richard Ambrose Requesting a Rate Adjustment and Decrease in Surcharge for Insurance 4.~Resolution Implementing Requested Rate Increase Effective July 1, 1994 RECOMMENDATION: ~~ 1. ry. it( 0 2. Review services and provide additional input 'and comments. Provide staff direction as to whether a formal Request For Proposal (RFP) process should be undertaken. Consider adoption of Resolution providing for revised rate schedule. 3. FINANCIAL STATEMENT: See report. DESCRIPTION: The of Taugber & Associates enforcement since 1983. employees wi thin the city with the provision of an full-time city employee. attached as Exhibit 1. city of Dublin bas obtained services from tbe firm for: building inspection, plan checking, and code In addition to providing space for contract complex, the city also supports this contract Administrative secretary position, which is a The current agreement for these services is STAFFING LEVELS The use of a contract service provider for this activity allows for a variable staffing level, depending upon the level of building construction activity. In recent years, the city has experienced a slow down in the number of large scale projects being constructed. Tbis has been caused by the fact that: (1) the majority of property with approved development plans in the original City limits has been built out, and (2) economic conditions have slowed building activity throughout the state. It is projected that the Fiscal Year 1993-94 staffing levels will be as follows: Buildina Official - Provides plan checking and review services as well as administration of the building and safety function. 959 hours Buildina InSDector - Conducts field inspections as well as responds to counter inquiries and preliminary review of plans. 1,955 hours The cumulative effect of the current staffing is equivalent to having slightly less than 1.5 full time positions. Due to a need for coverage on all regular City business days, Taugher & Associates arranges for temporary replacements in the event of vacations or illness. The following chart shows the staffing patterns compared to prior years as well as proposed for Fiscal Year 1994-95: ------------------------------~~;~~~-;~;------------>C--)?~F~-Z?~~-~() ITEM NO. 8.; CITY CLERK FILE ~ . . Taugher & Associates Contract Review June 21, 1994 Page 2 As shown above, the contract arrangement has allowed the city to procure services at the level dictated by building construction activity within the community. Due to the nature of building inspection services, there will always remain a need for a minimum staffing level. This is required to be able to service small remodelling or tenant improvement projects which tend to occur regardless of large scale development activities. In Fiscal Year 1993-94, the city council adopted a reduced service level for the Building and Safety function. Prior to that time, the city had intended to inspect all business properties once each four years. The purpose of this policy was to ensure that building and safety codes were being met. This will take a proactive approach to protect the general public and employees throughout the city as well as emergency response personnel in the event of a hazardous incident. without conducting these periodic inspections, it is possible that violations of the Building code and/or unsafe conditions may be going undetected. This could result in additional costs for the property owner in the future, to correct any of these deficiencies. Elimination of this program in Fiscal Year 1993-94 resulted in an estimated cost savings of $14,000. In the event that the city council desired to reinstate this program, the city would incur additional contract costs for the hours required to conduct and administer the additional inspections. PROPOSED 1994-95 SERVICE LEVELS The proposed 1994-95 service levels discussed earlier in this report anticipate the number of hours of service required to be relatively consistent with the current year. The proposed budget provides an increase of approximately 86 hours over the estimated number of hours for Fiscal Year 1993-94. The primary projects anticipated to be under construction during Fiscal Year 1994-95 include: . Crown Chevrolet/Buick Showroom . PETsHART Retail store . QuiCk Oil Change . MCE - Corporate Office Facility Obviously, there may be other significant project activity; however, at the time that this report was prepared, the projects. noted appeared to be likely to proceed to construction. only a very minimal amount of time is expended on review of new Business License applications. The following summarizes the contract hours expended on Business License activities: Hours Exoended on Business License Activitv # Contract Hours 261 46 Estimated 1993/94 44 Actual 1991/92 Actual 1992/93 The large number of hours reflected in 1991-92 was the result of the initial implementation of the Business License Program. current policy is . . Taugher & Associates Contract Review June 21, 1994 Page 3 to only review new applications and not renewals. It is anticipated that 130 new license applications will be reviewed in Fiscal Year 1993-94. BACKGROUNDS OF PERSONNEL Taugher , Associates have two key personnel assigned to the agreement with the city of Dublin. Both of these individuals have extensive backgrounds in their field, and this becomes a significant asset to a cOlDJllunity of Dublin'S size. In addition, the interim temporary personnel are also of a high caliber. As the Building Official, Hr. Taugher also holds a license as a structural Engineer. This allows Hr. Taugher to handle all plan checking associated with complex projects. Other agencies sometimes find a need to send these plans to an outside plan check firm in order to obtain an appropriate review. The city of Dublin, through Taugher & Associates, is capable of Offering this service from a central point of contact. Hr. Taugher has also remained active in the International Conference of Building Officials (ICBO), the professional organization which develops revisions and updates to the Building Code. The primary inspector assigned by Taugher , Associates is Hr. Robert White. Mr. White has an extensive background in conducting inspections for public agencies. He operates at a senior Inspector level, which means that he is capable of inspecting work in all disciplines. This avoids the need for separate inspectors for electrical inspections, plumbing inspections, foundation inspections, etc. Having a central point of contact for customers improves the level of service which can be offered. AVAILABILITY TO THE PUBLIC Building and safety services are provided from the public counter wi thin the Development services Department. City personnel are available during business hours (weekdays 8:00 a.m. - 5:00 p.m.) to handle general questions and minor applications. The Building Official is typically in the office from 8:00 a.m. to 12:00 noon each weekday. The Inspector is in the office typically from 8:00 a.m. to 10:00 a.m. Mr. Taugher and his inspector also make themselves available to the public by appointment in the event that the regular hours are inconvenient. staff has not identified any need to expand the hours of availability for these services. Compared to some of the surrounding public agencies, the city of Dublin continues to offer a very high level of access to our inspection services personnel. Some agencies have reduced availability by closing during the lunch hour and/or limiting their hours which they are available to the general public on a walk-in basis. CUSTOMER SERVICE RESPONSES One means to gauge citizen responsiveness to the services provided by the city is the use of "Help Us Serve You Better" cards distributed at all of the city's pUblic counters. The formal program was begun in February of 1993, and during the first year, approximately 11 response cards were received from individuals who obtained services from the Building Department. completion of the survey is voluntary, and the card can be mailed without postage. The Customers are asked to gauge their feelings on the following issues: . I was waited on promptly . My needs were understood, . Individual has a good attitude . The hours were convenient . satisfied with the overall service The customers are requested to respond to these questions on a range with 5 being "strongly Agree" and 1 being "Disagree. " EXhibi t 2 contains a . . Taugher & Associates Contract Review June 21, 1994 Page 4 summary of Building related responses. Of the 11 building related responses on all of the questions, the average response exceeded 4.6. In the case of the question regarding: "understanding the customer's needs" and "Having a good attitude," the average of the cards reflected a perfect 5.0 (strongly Agree). In addition, several of these customers included personal comments regarding their perception of their experience in dealing with the city. In addition to the formal customer response program, the city does receive unsolicited comments from the public who have dealt with the City'S building and safety contract personnel. copies of these comments received subsequent to the 1993 contract review are attached as Exhibit 2. PUBLIC EDUCATION Taugher & Associates has coordinated an effort to assist local residents in complying with Building Code requirements when they undertake improvements to their property. The format of this effort has included both availability at the public counter as well as preparing a ~ormal seminar for residents to attend. Last April, Taugher & Associates conducted such a seminar, which was advertised through the Recreation Brochure as well as the local newspapers. Eight persons attended the seminar, and had favorable oomments about the opportunity to learn more about building requirements. The intent of this program is to offer a practical presentation and allow residents to have an opportunity to address issues of importance to them. The proposed 1994-95 budget includes fundinq for one seminar consistent with the service level provided in Fiscal Year 1993-94. The cost of providing this program is less than $500 and is projected to be a valuable program if it avoids a future code enforcement problem. WORKLOAD PERFORMANCE MEASURES The followinq provides an analysis of the workload and performance measures for building inspection activities. As noted, the number of permits has been deClining from the 1991-92 year shown. In Fiscal Year 1992-93, the city Council adopted the first adjustment to the building permit fee schedule since the original schedule was adopted in 1982. The number of residential units being completed has fallen to a projection of zero in the upcoming year due to build out of most available sites and economic factors. Workload/Performance Measures Indicator Actual 1991-92 Actual 1992-93 Estimated 1993-94 Estimated 1994-95 Building Valuation Permits Issued Building Permit Fees Inspections Dwelling Units Issued Dwelling Units Finaled $14,765,090 798 $ 173,666 4,139 22 201 $13,209,986 828 $ 198,738 3,575 22 21 $12,700,000 720 $ 265,000 3,300 17 44 $13,000,000 760 $ 273,000 3,400 o o Another indicator of workload and/or performance is an evaluation of the required time to process the plan checking activity. An in depth analysis of this indicator is difficult, due to a lack of complete data. staff has undertaken a review based, upon the 49 "Non-Residential" and 17 "Residential" projects which were active as of June, 1994. The following describes the turnaround time on processing plan review: . . Taugher & Associates contract Review June 21, 1994 Page 5 Analvsis of Time Reauired to Review Plans and Authorize Issuance of a Buildina permit Non-Residential Residential Less Than 10 Days 11 Days to 20 Days Over 20 Days 63.2% 18.4% 18.4% 76% 24% 0% It is significant that 15% of the "Non-Residential" permits and 35% of the "Residential" permit:s were issued with a one-day turnaround. This analysis looked at calendar days and not strictly workdays. Given the nature of "Non-Residential" permits, it is typical that these projects may take longer to process. In some cases, the turnaround time is impacted by the individual or firm requesting the permit. For example, in one case a commercial project was utilizing a design firm out of the state of Texas. There was a delay between the time that the firm was notified of the need for corrections and the time that the corrections were received by the City and reviewed for conformity with t:he required codes. overall, staff has requested that Taugher , Associates implement additional tracking mechanisms to record the plan check turnaround time on projects in the future. Based upon the data available, it does not appear that there is a problem in this area. COSTS PER INSPECTION One measurement related to the cost of the contract service has been an evaluation of the cost per inspection. The following table summarizes the data related to the contract cost per inspection: Historical contract cost Per InsDection Actual Actual Actual Estimated projected 1990-91 1991-92 1992-93 1993-94 1994-95 contract Cost $299,013 $212, 702 $195,671 $200,300 $206,000* # of Inspections 5,941 4,139 3,575 3,300 3,400 Cost $/Inspection $ 50.33 $ 51.39 $ 54.73 $ 60.70 $ 60.59* * Excludes Fiscal Year 1994-95 requested contract rate increase. The total annual cost of the increase woUld be $7,000. If approved, it would increase the estimated cost per inspection to $62.65/inspection. As shown, the cost per inspection is increasing. The rise in the cost per inspection is at:tributable to a need to maintain certain minimum staffing levels, regardless of the number of inspections completed. In Fiscal Year 1994-95, staff is projecting that the cost: per inspection will remain fairly constant when compared to the 1993-94 rate. It should be noted that it is very difficult to project the cost per inspection for the upcoming year at this time. In the event that significant building activity which was not anticipated occurs, then the cost per inspection will be reduced. Therefore, Staff has typically relied more heavily upon a review of indicators from historical years. This presents actual results and are not impacted significantly by estimates or projections. TOTAL COST OF SERVICES COMPARED TO REVENUB AS pre'Viously noted, in Fiscal Year 1992-93 the city Council adopted a building permit fee schedule adjustment which was intended to ensure that the city was recovering the direct costs associated with the service. In comparing revenue versus costs of t:he building inspection activity, there are two important: factors which must be considered. First, the timinq of . . Taugher & Associates Contract Review June 21, 1994 Page 6 the payment of building permit fees may coincide with a different year than when the services are actually rendered. For example, a project may obtain permits in Mayor June, and the majority of the inspection costs be incurred in the following fiscal year. The second factor is the fact that the city has only compared the direct cost of the service to the permit revenue derived. In most agencies, it is more typical to include a pro rata share of the city's overhead costs in evaluating the total cost of services versus revenue generated. For example, a pro rata share of the building maintenance and operating costs, the building debt service costs, the finance services provided to the department, and management, personnel, and legal services involved with oversight of the service, are all overhead factors. These factors need to be considered in a true comparison of costs versus revenues. The following table gives a historical view over a four year periOd of the costs versus revenue derived from building permit activities. The comparison includes contract costs as well as city support for Department operations. Historical ComDarison of Revenue vs. Direct Cost of Buildina and Safety Activitv Actual Actual Actual projected 1990-91 1991-92 1992-93 1993-94 contract costs $ 299,013 $ 212,702 $ 195,671 $ 200,300 City support 53.426 49.119 50.397 50.982 TOTAL $ 352,439 $ 261,821 $ 246,068 $ 251,282 Revenue $ 180,720 $ 173,666 $ 198,738 $ 265,000 Direct Cost in ($ 171,719) ($ 88,155) ($ 47,330) ($ 0) Excess of Revenue Revenue in Excess $ 0 $ 0 $ 0 $ 13,718 of Direct Cost As noted above, over the past four years the current year is the only year in which a small amount of revenue is anticipated to be generated in excess of the current year's direct costs. The trend clearly shows the impact of the buildinq permit fee revisions enacted in 1992-93. In addition, due to the fact that the city is no longer conducting periodic business license inspections, the contract costs have been reduced to reflect primarily those services directly related solely to building activity. Continued monitoring of these factors over mUlti-year periods will be important to assess whether the current fee schedule is appropriate, given the cost of services. It should also be noted that the Fiscal Year 1993-94 contract costs were impacted by a rate increase implemented in January of 1994, and therefore, the full year impact of that rate increase has not yet been experienced. As previously discussed, full accrual of all direct and indirect costs would show that fees do not cover the cost of service. FINANCIAL COMPARISON OF SERVICE OPTIONS staff has identified two methods of providinq the services rendered by Taugher & Associates. One option would be for the City to provide these services with City personnel. The second option would be to evaluate the cost competitiveness of Taugher & Associates with other firms which provide this type of service. In evaluating the cost of hiring municipal employees to perform building and safety services, it is anticipated that contract support would continue . . Taugher & Associates Contract Review June 21, 1994 Page 7 to be necessary to a limited degree. This is caused by the small staffing size and a need to have coverage for vacations as well as technical services available. The background of a city employee may not have engineering certifications necessary to complete plan reviews on complex projects. The following chart summarizes the comparison of providing these services with city Staff versus the current contract with Taugher & Associates: comDarison of Estimated cost of city staff Versus current contract with Tauaher & Associates IN-HOUSE Est. cost # Hours CONTRACT Cost # Hours Average cost/Hour $108,857~i~ 17,600(1) 82,158 ( ) 8,960 3 10,000(4) o $227,575 $ 55.53 1,800 200 1,824 160 114 2,000 4,098 $ 88,000 Included $112,000 Included o $ 6.000(5) $206,000 $ 68.67 1,000 Building official Contract Building Official senior Building Inspector contract supplemental Inspector Misc. Contract Plan Checking Insurance surcharge TOTAL COST 3,000 (1) Estimated cost of personnel includes salary (based on top step of market survey), current City of Dublin health and welfare benefits and car allowance. Estimated costs do not Include an increase to the City's liability insurance coverage. (2) Estimated contract hours for an Inspector area based upon coverage for 20 days (160 hours) of general leave. (3) Estimated contract hours for a Building Official are based upon 5 weeks (200 hours) (20 days general leave plus one week conferences/training). (4) A contingency has been included in the event that plan checking of complex construction was contracted. (5) Proposed Taugher & Associates Insurance Surcharge for 1994-95. As shown above, the total cost of the current contract arrangement is approximately $21,575 or 10.5% less than estimated cost of providing the services with city employees ($206,000 contract vs. $227,575 In-Bouse). Even with the rate schedule adjustment requested in the following section, the total cost under the current agreement with Taugher & Associates continues to be $14,575 less than providing for the services with City personnel. This represents a 6.8% savings. In analyzing the comparison between a City employee and a contract service, there is a significant difference in the number of hours of service obtained. For example, it is anticipated that it would be difficult to hire a City employee to work on a part time basis as the Building Official; therefore, the City would have a significantly higher number of hours of service available due to the full time staffing of the Building Official position. As shown above, on an hourly basis the City incurs a premium in order to have the flexibility of only obtaining the minimum number of hours of staffing required. At this time, staff has no indication that the number of hours of service obtained through the Taugher & Associates contract is inadequate; therefore, it would appear to be economical to continue with a contract scenario. This generates a savings to the City. This recommendation is supported by the uncertainty of the precise timing in which increased oonstruotion activity may occur. At some future point, when full-time staffing is warranted, it may be appropriate to reconsider whether the contract scenario continues to be cost effective. The second option, which was previously mentioned, would be to review in depth proposals from Taugher & Associates as well as other firms which . . Taugher & Associates Contract Review June 21, 1994 page 8 provide Building and safety services to public agencies. In order to analyze this option, it would be necessary to develop and circulate a Request for proposal (RFP) among the potential firms. The purpose of this exercise would be to competi ti vely seek a provider of these services. wi thout having a complete RFP upon which each of the proposals can be comparably judged, it is not possible for staff to determine whether additional savings could be achieved. In the event that the city council is interested in pursuing this option, it would be appropriate to provide staff with further direction as to the desired timing of such a review. REOUEST FOR AMENDMENT TO RATE SCHEDULE AS stated in Exhibit 3, Taugher & Associates has requested an adjustment to the rates charged pursuant to their current agreement. The financial terms of the current agreement have two components: (1) hourly rates by classification and (2) insurance surcharge. The following provides a historical context of the rate adjustments previously approved by the city Council: Tauaher , Associates Rates and Insurance surcharaes 1991-1994 with a comparison to Consumer Price Index Building Official Building Inspector Max Insurance surcharge $ 85.00 54.00 $12,000 $ 85.00 54.00 $ 9,000 Proposed % Change 1993-94* 1994-95 1991-94 $ 88.00 $ 91.00 7.1% 56.00 58.00 '7.4% $ 9,000 $ 6,000 (50.9%) = 8.5% 1991-92 1992-93 , Change in COnsumer Price Index April 1991-April 1994 * (Rate change for 1993-94 was effective January 1994) As noted in the table above, the request by Taugher , Associates for Fiscal Year 1994-95 is a $3.00/hr increase in the rate charge tor Building Official, and a $2. OO/hr increase in the' rate charge for Building Inspector. In addition, the firm has proposed to significantly reduce the insurance surcharge, which is billed as a part of their rate. This tigure represents a maximum surcharge, which is billed on an hourly basis at $4.00/hour. Once the City has paid the maximum surcharge amount, the costs billed reflect only the direct hourly rate for the specific classification. As noted, the cumulative change in rates over the last four years has been approximately 1% less than the cumulative change in the consumer price index for the same period of time. In accordance with the previous city council direction, the proposed Budget does not include the adjustment to the hourly contract rates for Building and satety services. Instead, adequate monies are included in the budgeted contingent Reserve, which can be transferred to the Building and safety activity in the event that the city council approves the requested rate adjustment. The total annual cost of the proposed rate adjustment would be $7,000. staff has prepared a Resolution for consideration by the city council, Exhibit 4, which would implement the requested rate increase and decrease the Insurance surcharge effective July 1, 1994. RECOMMENDATION staff recommends the City council review the performance and services provided by Taugher & Associates and provide input. In the event that the city council would like to see the potential costs associated with other independent contract service providers providing this service, it would be appropriate to direct Staff to develop and circulate a Request for proposal and report back to city Council at a future date. It is also appropriate for the city council to consider the adoption of the ReSOlution amending Tauqher & Associates contract effective July 1, 1994. PSR/lss a:BldgCont.agenda#14 ~~CTUAL SERVICES AGREEME~~. -~LDING & SAFETY SERVICES TAUGHER & ASSOCIATES THIS AGREEMENT is made at DUblin, California, as of Julv 1, 1992, by and between the CITY OF DUBLIN, a municipal corporation ("CITY"), and Taugher & Associates, ("CONTRACTOR"), who agree as follows: 1. SERVICES. subject to the terms and conditions set forth in this Agreement, CONTRACTOR shall provide to CITY the services described in Exhibit A. CONTRACTOR shall provide said services at the time, place and in the manner specified in Exhibit A. 2. PAYMENT. CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to CONTRACTOR for services rendered pursuant to this Agreement. CONTRACTOR shall submit all billings for said services to CITY in the manner specified in Exhibit Bi or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which CONTRACTOR uses for billing clients similar to CITY. 3. FACILITIES, EQUIPMENT AND CLERICAL SUPPORT. Except as set forth in Exhibit C, CONTRACTOR shall, at its sole cost and expense, furnish all facili ties and equipment which may be required for furniShing services pursuant to this Agreement. CITY shall furnish to CONTRACTOR only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 4. GENERAL PROVISIONS. The general provlslons set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 5. SPECIAL PROVISIONS. The special provisions set forth in Exhibit E are part of this Agreement. 6. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 7. CONTRACT ADMINISTRATION. This Agreement shall be administered by the CITY MANAGER. All correspondence shall be directed to or through the CITY MANAGER or his or her designee. S. TERM OF AGREEMENT. This Agreement shall be effective until terminated. This Agreement may be cancelled by the City, upon thirty (30) days advance written notice. This Agreement may be cancelled by CONTRACTOR upon ninety (90) days advance written notice. AGREEMENT Page 1, of 2 7/1/92 . EXHIBIT 1- 9. NOTICES. Any Jlttten notice to CONTRACTOR~ll be sent to: Taugher and Associates, Inc. 18681 vineyard Road Castro Valley, CA 94546 Any written notice to CITY shall be sent to: city of Dublin Attention: city Manager 100 civic plaza DUblin, CA 94568 Executed as of the day first above stated: For: OF DUBLIN 'cipal corporation Attest: ~o:t(j~ u C y ler Approved as to form: '~kllUi ?J~ f Z't:. c~ty Attorney ~ For: Taugher & Associates By / ... -) / ,. " . / _. . I _. / /~t?~" \ ~ "6t;'//::.~~ Victor L. Taygher, contractor AGREEMENT Page 2,of 2 7/1/92 . EXHIBIT A . SCOPE OF SERVICES 1. Buildinq Official. The individual directly responsible for the performance of the duties of Building Official as set forth in this agreement shall be victor L. Taugher, a California Registered civil Engineer, License #9556, and Fire Protection Engineer License #911. Upon mutual agreement and at the sole discretion of the City Manager, CONTRACTOR may substitute other individuals in the above capacity as responsible individual. The designation as Building Official shall include all duties and responsibilities assigned to this position through State and local laws and ordinances. 2. Buildinq Inspection Services. CONTRACTOR shall enforce the provisions of the city's Building, Electrical, plumbing, Mechanical and Housing Codes; the city's zoning Ordinance; and related state laws. CONTRACTOR shall make such inspections and investigations as may be required to effect such enforcement and issue permits as are required by city's Ordinances and Codes. Such enforcement shall include the duties as . set forth in the Municipal Code of the city related to the Building Official and in the performance of such work, the contractor shall do the following: a. Plan Review. Review the plans prepared by or on behalf of applicants for compliance with applicable Federal, state, and city ordinances and regulations. Building Official shall maintain close liaison with city's Planning Director in order that the appropriate requirements of the Zoning Ordinance are incorporated within such building plans. Building Official shall arrange review by other appropriate agencies having jurisdiction in such matters relative to enforcement of fire codes, sanitation codes and health codes, and other regulatory agencies. When satisfied that the appropriate requirements of the city's codes have been met, Building Official shall issue permits as set forth in such codes. b. Buildinq Inspection. Provide building inspection service during the course of construction of facilities to enforce compliance with the provisions of the applicable laws including state and city ordinances and regulations set forth on the plans for which the permit is issued. In the performance of such duties, CONTRACTOR shall provide prompt inspection for each project at the completion of the various stages of construction to determine compliance. c. Housinq Code Enforcement. Building Official shall enforce the City's Housing Code by investigation of complaints regarding sub-standard housing conditions and when necessary, prepare cases for citation hearings, criminal proceedings in municipal court, and/or civil abatement proceedings. d. Zonina Enforcement. Building Official shall provide enforcement of related aspects of the city's zoning Ordinance. upon request by CITY, CONTRACTOR will make all necessary investigations and follow-up inspections to assure compliance with the Zoning Ordinance and the conditions of approval of various variances, conditional use permits, site reviews and other zoning approvals. Enforcement will include preparation of cases for citation hearings and criminal proceedings in municipal court. Exhibit A Page 1'of 2 7/1/92 e. Building Offi~ requested by the city. shall perform other ~ted activities as 3. Collection of Fees. All fees to be collected in connection with the carrying out of the functions set forth above, shall be collected by the CITY. CONTRACTOR shall review the appropriate ordinances and fee schedules in approved by the CITY, and shall compute the amount of such fees to be collected by the CITY. CONTRACTOR may submit information and recommendations on adjustments to adopted fee schedules. 4. Limitations (Avoidance of Conflicts). During the Agreement, CONTRACTOR shall not provide services to any project which requires any permit or approval from the CITY. term of this client for a Exhibit A Page 2 .of 2 7/1/92 TO, AGREEMENT DATED Jt' . REVISED EXHIBIT B 1992 BETWEEN CITY OF DUBLIN RATE SCHEDULE '0 TAUGHER ASSOCIATES . A. BASE HOURLY RATE Fee Rate Per Hour Buildinq Inspector Inspection plan Checking (Residential & Non-Structural Commercial & Industrial plan Checking) $ 56.00 $ 56.00 Principal Buildinq Official Inspection plan Checking (Complex Residential, Commercial and Industrial Buildings) Supervision and Administration $ 56.00 $ 88.00 $ 88.00** This rate will be effective for the period beginning on January 1, 1994. The rates may be adjusted thereafter annually, as mutually agreed upon in writing by the CONTRACTOR and the CITY of Dublin. ** Supervision duties include review and coordination of work performed by Inspectors and clerical support staff. Administrative duties include City Council and Planning Commission meeting attendance when requested, meetings with applicants and dev,lopers, inter-agency coordination and coordination with Staff, development of office procedures, operations, etc. B. OVERTIME RATE In the event that the CONTRACTOR is requested to perform services whereby an employee must work in excess of forty (40) hours in anyone (1) week, the CONTRACTOR shall be compensated at 1i times the above hourly rates for each hour worked over forty. This shall include in the event that there is an emergency requiring the services of the Building Official and the CITY is reimbursed for said services. Standard rates shall apply for CONTRACTOR attendance at Planning Commission and City council Meetings. C. INSURANCE SURCHARGE In addition to the hourly rates noted in section (A) above, an insurance surcharge of $4.00 (four dollars) per hour shall be added to each hour of service rendered pursuant to this agreement. The cumulative total surcharge paid during the period from July 1st through June 30th shall not exceed $9,000.00 (~ine thousand dollars). Once this limit is reached, CONTRACTOR is entitled only to the base hourly rate. D. FREOUENCY OF BILLING/PAYMENTS CONTRACTOR shall submit invoices on a monthly basis. At the sole discretion of CITY, other payment schedules may be considered. Approved and agreed on the 10th day of January, 1994 by CITY and CONTRACTOR. By: For City of Dublin BY:~~ / Peter W. yde, Mayor For Contractor: a:exhb.age~da#'4 ity Clerk ATTEST: .', . ..1":,1. . EXHIBIT C . 1. Facilities for Records. The city shall provide an office for conducting the duties set forth in this Agreement, and shall provide necessary furnishings, telephone , permit forms and codes . Within this office, Building Official shall assemble such records customarily maintained by a city Building Department. Such records shall, at all times, be the property of the city of Dublin. 2. Clerical suooort. city agrees to provide adequate clerical support to the Building Department function as mutually agreed upon by CITY and CONTRACTOR. Exhibit C Page 1.of 1 7/1/92 . EXHIBIT D . GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR'S services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means of which CONTRACTOR accomplishes services rendered pursuant to this Agreement. 2. LICENSES: PERMITS: ETC. CONTRACTOR represents and warrants to CITY that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for CONTRACTOR to practice his profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for CONTRACTOR to practice his profession. 3. TIME. CONTRACTOR shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONTRACTOR'S obligations pursuant to this Agreement. 4. INSURANCE REQUIREMENTS. CONTRACTOR shall procure and maintain for the duration of the contract 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 the CONTRACTOR, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the CONTRACTOR'S rates as described in Exhibit B. (a) Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance services Office form number GL 0002 (Ed.1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form comprehensive General Liability; or Insurance Services Office commercial General Liability coverage (lloccurrence" form CG 0001.) 2. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 II any endorsement CA 0025. ( Ed . 1 I 7 8 ) auto" and 3. Workers' Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. (b) Minimum Limits of Insurance. CONTRACTOR shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other Exhibit D Page 1,of 5 7/1/92 form wi1... general aggregate liml.s 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: $1,000,000 combined single limit per accident for bodily injury and accidental death and property damage per occurrence combined single limit. 3. Workers' Compensation and Employers Liability: workers' Compensation limits as required by the Labor Code of the state of California and Employers Liability limits of $1,000,000 per accident. (c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the CITY Manager of city of Dublin. At the option of the CITY Manager or his/her designee either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials and employees; or the CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. (d) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages. a. The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the CONTRACTOR; products and completed operations of the CONTRACTOR, premises owned, occupied or used by the CONTRACTOR, or automobiles owned, leased, hired or borrowed by the CONTRACTOR. The coverage shall contain no special limitations on the scope of the protection afforded to the CITY, its officers, officials, employees or volunteers. b. The CONTRACTOR'S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the CONTRACTOR'S insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. d. The CONTRACTOR'S insurance shall apply separately to each insured against whom claim is made or suit is Exhibit D Page 2 of 5 7/1/92 ' brou., except with respect to . limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by the CONTRACTOR for the CITY. 3. Professional Liability. CONTRACTOR shall carry professional liability insurance in an amount deemed by the CITY to adequately protect the CONTRACTOR against liability caused by negligent acts, errors or omissions on the part of the CONTRACTOR in the course of performance of the services specified in this Agreement. Said coverage may be provided on a "claims made" basis at the discretion of the city Manager or his/her designee. In the event Services pursuant to this agreement are terminated by either party, contractor hereby agrees to maintain professional Liability Insurance through July 31st, following the date upon which notice of termination is provided. Further obligations of the parties related to Professional Liability are described in Exhibit E (special Provisions. ) 4. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by mail, has been given to the CITY. (e) Acceptabilitv of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII., except for professional liability. (f) Verification of Coveraqe. CONTRACTOR shall furnish CITY with certificates insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. (g) Subcontractors. CONTRACTOR shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. (h) The city Manager or his/her designee may approve a variation in those insurance requirements upon a determination that the Exhibit 0 page 3 'of 5 7/1/92 coverages, scot limits and forms of sucttinsurance are either not commercially available or that the CITY's interests are otherwise fully protected. Said approval of variation must be in writing. 5. CONTRACTOR NO AGENT. Except as CITY may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this Agreement to bind CITY to any obligation whatsoever. 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect, unless said assignment is approved in writing by CITY. 7. PERSONNEL. CONTRACTOR shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such person(s), CONTRACTOR shall, immediately upon receiving notice from CITY of such desire of CITY, cause the removal of such person or persons. 8. STANDARD OF PERFORMANCE. CONTRACTOR shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which CONTRACTOR is engaged in the geographical area in which CONTRACTOR practices his profession. All instruments of service of whatsoever nature which CONTRACTOR delivers to CITY pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in CONTRACTOR's profession. 9. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. CONTRACTOR shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subcontractor, to the CITY, to CITY officers and employees, or to parties designated by the CITY, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes to the extent they are predicated on acti ve or passive negligence of the CONTRACTOR or any subcontractor. CONTRACTOR shall indemnify, defend and hold harmless the CITY, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly 'or indirectly arising from the performance of the work to the extent they are covered by the negligent acts, errors, or omissions of CONTRACTOR. This paragraph shall not be construed to exempt the CITY, its employees and officers from its own fraud, willful injury or violation of law whether willful of negligent. For purposes of Section 2782 of the civil Code the parties hereto recognize and agree that this agreement is not a construction contract. By execution of this agreement CONTRACTOR Exhibit D Page 4, of 5 7/1/92 ' acknowledges and ~ees that he has read ~d understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the CONTRACTOR or subcontractors from liability under this paragraph. 10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, CONTRACTOR shall comply with all applicable rules and regulations to which CITY is bound by the terms of such fiscal assistance program. Also, in performing the services to be provided pursuant to this Agreement, Contractor shall comply with all applicable state and Federal laws and regulations, including but not limited to laws and regulations relating to discrimination and laws requiring injury and illness prevention programs. 11. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, photographs; memoranda or other written documents or materials prepared by CONTRACTOR pursuant to this Agreement sha 11 become the property of CITY upon completion of the work to be performed hereunder or upon termination of the Agreement. Exhibit D Page 5 of 5 7/1/92' . EXHIBIT E . SPECIAL PROVISIONS The following provlslons are hereby incorporated in the agreement by and between Taugher & Associates (CONTRACTOR) and city of Dublin (CITY): 1. Professional Liabilitv Insurance Coveraae. As provided in Exhibit D, CONTRACTOR shall provide professional Liability Insurance coverage to adequately protect the CONTRACTOR against liability caused by negligent acts, errors or omissions on the part of the CONTRACTOR in the course of performance of the services specified in this agreement. upon termination of this agreement, and upon termination of the Professional Liability Insurance as provided for in paragraph 4 (d) (3) of Exhibit D, CITY shall assume responsibility of claims investigations, administration, defense and payment of any claims, settlements or judgements which woulq otherwise have been the liability of CONTRACTOR pursuant to Exhibit D, paragraph 9. In consideration of CITY assuming this potential obligation CONTRACTOR has adjusted fees charged as shown in Exhibit B. 2. Subcontractor(s). The following terms and conditions are hereby agreed to by CONTRACTOR prior to the use by CONTRACTOR of subcontractors. a. Submittal to city Manaqer. The name; background and experience of any and every firm or individual to which any work outlined in this agreement is to be sub-contracted by CONTRACTOR must be submitted to the city Manager for his/her prior approval. b. CONTRACTOR Liable for work of Subcontractors. Approval by the city Manager of a subcontractor shall not relieve CONTRACTOR of any liability for the work to be performed pursuant to this agreement, nor shall such approval infer any contractual relationship between CITY and any subcontractor. Exhibit E page 1.of 1 7/1/92 . . 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Ql>t .c:r-l .jJ'd I=: I=: OJ Q) Q) ..-1 r-l Q)J...l.o .Q'l-llll <1l VUl.c:lJ'I ..-1 ro .jJ '1:1 r-l .c:'.-I Q) .0 ;-J r-l ::l Ul ) p.,.,..j aJ 0 .c: V I=: .jJ.jJI=:~ 'M OJ III I '.-I~ 'M H :>UlQl.jJ Ql p., c: c: V >: Q) aJ.,.J Ql.f"i Q) .jJ 'l-l V r-l 'l-l 'l-l oIJ\'.-I p.. OOUl'l-lO <ll 'l-l Q) H .oaJp. l!1 l!1 C"1 l!1 LO l!1 l!1 l!1 '<l' III .jJ H o p.. Q) l-l III r-l ..-1 o Ul ~ ..-1 ~ p:; I=: o ..-1 .\.I III a H o 'l-l I=: ..-1 oIJ ..-1 e Q) p.. Ul III ..-1 H III .... Ql U QJ U III III Ql..-I 4-'1-1 ..-1 III , $~ OJ .Q U o OJ p::lU . . ~' \h:L R ~e ~ I V CRa'''- JU,N 15 1993 CITY Or- DUBLIN Mr. and Mrs. S.A. Wilhite 8552 Briarwood Ln. Dublin, CA. 94568 Mayor Pete Snyder 100 Civic Plaza Dublin, CA. 94568 !RfEfCfEurIE JfHl15 1!m3 !DJ CITY BUILDING IN~: OUBLIN 'ECTlON 0 EPt \ June 13, 1993 Dear Mayor Snyder: So often we hear complaints when things don't go exactly right, and seldom do we -hear compliments when the opposite is the case. We are writing to compliment the Building Department for the City, and in particular, Mr. Bob white, the chief inspector. Nearly three years ago we began the arduous task of doing a large addition to our home. We thought we chose an excellent contractor who drew the plans, and subsequently obtained the necessary permi ts. Two permi ts, one extension, and count 1 ess nightmares later, we received our final inspection on the day the last permit expired. This has been the worst ordeal of our life, however-, none of the prohl ems are due fo your ci ty s taf f . He a I way s f 0 un d t hem w ill in g t 0 he 1 p , an d un d e r s tan din 9 . particul arl y, Mr. Whi te has many times gone - out of his way to hel p us. He has wi 11 ingl y inspected at our house at odd times, and offered advice on the simplest way to accomplish goals. While making sure that what we were doing was safe and sound, he still told us ways we could make sho"rtcuts in order to finish without having,to take out an additional permit. He has put up with our contractor, who doesn't know the meaning of deadlines, nor is he able to give an accurate measure of what he can accomplish at any given time. None ,of the things the contractor has done allowed Mr. White to change'his perceptions, and indeed, he has acted with great patience and kindness. We are so grateful for his input, understanding and help. Dublin is very lucky to have his services. Most sincerely, ~ Stephen A. Wilhite 4udt' /3UitdtlG Sandi B. Wilhite 1 ~ '&Jd-S~ ~ . p;:;!~- ~ ~ . . !lJJ I!: fIlJ '11, . BUIlD C~(;/{ 1(( I" 1l/iJ) ~AtG O,e d8) I!!/ "N'i/i ' IAtSPtg~lJlIAt 7:)~ .ll~ e~ IOAt/)S .tX4 "'r. jID~r \. ~. '\ '-' \j . Mr. Bob White c/o- City of Dublin 100 Civic Dr. Dublin, CA. 94568 Dear Mr. White, On behalf of Dublin Christian Church, I would nke to thank you for the help you gave us in obtaining the Presidential shingles from Celotex. As you have seen after inspecting our roof, the shingles have improved the looks of our building substantially and were far nicer than we. could have afforded on our own. Let me also thank you and the buildin~ and planning departments for the courteous and helpful attitudes displayed as we have worked on our b~ilding through the years. Your departments are such a welcome breath of 'fresh air compared with other local building departments with which I have had to work. - Thank you so much for what you have done for us and for what you do for our. city. " Yours because of Christ, '/'/I {II~tv- G-y!..v _ Marcus Bigelow minister kem 11%73 7)~ SWd., 1)~. eA-94S6K (510) K33-KK92 -.-.. /' >..\ . "j ;:-f \ .' ! I . . DUTTON CONSTRUCTION COMPANY GENERAL CONTRACTORS - LICENSE NO. 352218 1759 Heidelberg Drive Livermore, California 94550 (510) 45&-4545 , October 13, 1993 City of Dublin 100 Civic Plaza Dublin, CA 94568 Gentlemen: Re: Final Inspection Gochay & Agatha Laszlo 11471 Silvergate Dr. Dublin, CA In reference to the above mentioned property, the smoke detectors and spark arrestors are now in place. Thank you very much for excellent service. We really enjoy working with everyone there at the city, not only at the counter, but in the field. Very truly yo rs, JCD:cls ~ . . IRVINE SKEOCH 345 MERRILEE PLACE DANVILLE CA 94526 r~Cr=.IVED' # . JuN 141994 j}I,.m,lIN June 10,1994 City of Dublin Mr. Pete Snyder-Mayor 100 Civic Plaza Dublin, CA 94568 Dear Mr. Snyder, I am considering opening a retail outlet called Superior Mattress Company in the city of Dublin and recently had occasion to request information from your City Planning Department and the Building Inspection Department. I was introduced to Mr. Ralph Kachadourian and Mr. Robert White and I can say without any hesitation they were the most helpful city employees I have dealt with in the 16 cities I have opened retail outlets. Both Mr. Kachadourian and Mr. White were not only courteous and available for questions but eagerly assisted in finding solutions to my problems rather than presenting roadblocks. Dublin's pro business attitude 'should be congratulated. I look forward to opening a retail outlet in Dublin and becoming part of your growing base of tax revenue producing businesses. S'nce , ;2'/'/ I~f . /~L ~1...AAu.' me Skeoch :7 . . Taugher and Associates CONSUL TlNG ENGlN(f:RS P,O. BOX 20232 18681 VINEYARD ROAD CASTRO VALLEY, CALIFORNIA 94S46 AREA CODE 510 537-2285 To: From: Date: Richard Ambrose, city Manager Victor Taugher, Building Official ~~ June 15, 1994 Re: Rates for Building Inspection Services for 1994-95. This is to confirm our discussion regarding rates for Building Services. It is proposed that the rate for 1994-95 be as fol- lows: Building Official Building Inspector Insurance Surcharge ($ 6000 Maximum) $91. 00 per hour 58.00 4.00 All other terms and conditions of our contract would be the same as for 1993-94. I wish to thank the city council and you for your support the past year and I am looking forward to another successful year. 1 EXHIBIT 3 ::7 .- . . RESOLUTION NO. - 94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN **************** APPROVING THE SECOND AMENDMENT TO THE AGREEMENT DATED JULY 1, 1992 BETWEEN TAUGHER & ASSOCIATES AND THE CITY OF DUBLIN AFFECTING RATES CHARGED FOR BUILDING AND SAFETY SERVICES WHEREAS, CITY and Taugher & Associates (hereinafter CONTRACTOR) have entered into an Agreement dated July 1,1992; and WHEREAS, CONTRACTOR has requested an increase due to inflationary pressures; and WHEREAS, the city council has considered the request and agrees to amend the contract to reflect revised rates; and ' WHEREAS, the contractor has agreed to reduce the City'S obligation to make insurance surcharge payments as identified in Section C of the attached Rate Schedule; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the attached Rate Schedule as a Revised Exhibit B (7/1/94) to the Agreement between CITY and CONTRACTOR and dated July 1, 1992. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment on behalf of the CITY. PASSED, APPROVED AND ADOPTED this 21st day of June, 1994. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk PSR/lss a:ResTaugh.agenda#14 EXHIBIT ~ ~ ~.>'M'r'T"'". REVISED EXHIBIT B (7/1/94) . TO AGREEMENT DATED ~, 1992 BETWEEN CITY OF DUBLIN 411tTAUGHER ASSOCIATES RATE SCHEDULE A. BASE HOURLY RATE Fee Rate Per Hour Buildina Inspector Inspection Plan Checking (Residential & Non-Structural Commercial & Industrial Plan Checking) $ 58.00 $ 58.00 Principal Buildina Official Inspection Plan Checking (Complex Residential, Commercial and Industrial Buildings) Supervision and Administration $ 58.00 $ 91. 00 $ 91.00** This rate will be effective for the period beginning on July 1, 1994. The rates may be adjusted thereafter annually, as mutually agreed upon in writing by the CONTRACTOR and the CITY of Dublin. ** Supervision duties include review and coordination of work performed by Inspectors and clerical support staff. Administrative duties include City Council and Planning Commission meeting attendance when requested, meetings with applicants and developers, inter-agency coordination and coordination with Staff, development of office procedures, operations, etc. B. OVERTIME RATE In the event that the CONTRACTOR is requested to perform services whereby an employee must work in excess of forty (40) hours in anyone (1) week, the CONTRACTOR shall be compensated at 1~ times the above hourly rates for each hour worked over forty. This shall include in the event that there is an emergency requiring the services of the Building Official and the CITY is reimbursed for said services. Standard rates shall apply for CONTRACTOR attendance at Planning Commission and City Council Meetings. C. INSURANCE SURCHARGE In addition to the hourly rates noted in Section (A) above, an insurance surcharge of $4.00 (four dollars) per hour shall be added to each hour of service rendered pursuant to this agreement. The cumulative total surcharge paid during the period from July 1st through June 30th shall not exceed $6,000.00 (six thousand dollars). Once this limit is reached, CONTRACTOR is entitled only to the base hourly rate, as shown in Section A.. D. FREOUENCY OF BILLING/PAYMENTS CONTRACTOR shall submit invoices on a monthly basis. At the sole discretion of CITY, other payment schedules may be considered. Approved and agreed on the 21st day of June, 1994 by CITY and CONTRACTOR. For Contractor: For City of Dublin By: Victor L. Taugher, CONTRACTOR , By: Peter W. Snyder, Mayor Revised 7/1/94 a:621ExbBT.agenda#14 ATTEST: Kay Keck, City Clerk