HomeMy WebLinkAbout4.02 Bldg Law Enforce Svc Contract Amend & 00-50
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 22, 1986
SUBJECT Building Law Enforcement Service Contract Amendment
EXHIBITS ATTACHED 1) Agreement
2) Proposed Amendment to Agreement
3 ) Memorandum from City Manager dated 5/23/86
RECOMMENDATION ) Approve amendment to agreement and authorize Mayor
0 to execute agreement
Y2 ) Authorize a transfer from the City' s Contingent
Reserve to the Building & Safety Budget in the
amount of $9, 600 and to the Planning Budget in the
amount of $2, 400
FINANCIAL STATEMENT: Proposed increases in hourly rates for contract
service average 4 .3 to 4 . 9% plus an additional
$2 .45/hour surcharge for increased insurance costs . A
budget transfer is required for the insurance
surcharge.
DESCRIPTION Taugher & Associates, Inc. , under contract with the
City, provides Building Law Enforcement Services including: Building Plan
Review, Building Inspection, Zoning Enforcement and Housing Code
Enforcement.
The City' s present agreement with Taugher & Associates provides for an
annual review of rates on. August 1, 1986. This year Mr. Taugher, during the
preparation of the .1986-87 Budget, proposed inflationary increases in his
hourly rates . Since that time, Mr. Taugher was notified that his liability
insurance premium increased $12, 000. Since 1984-85, Taugher & Associates -
has experienced the following increased insurance costs :
1984-85 1985-86 1986-87
1
$4,419 659% $33, 562 36% $45, 562
During Fiscal Year 1985-86, Taugher & Associates requested that a $1 . 00/hour
and $ .50/hour surcharge be added to their hourly rates to help defray some
of the increased insurance costs . Based on actual hours worked last year,
the City paid approximately $2,190 of $29,143 in increased insurance costs
paid by Taugher & Associates . Mr. Taugher has indicated it would be
difficult for his firm to incur the additional insurance expense of $12, 000
for Fiscal Year 1986-87, and has requested similar consideration as was
given to Santina & Thompson during Fiscal Year 1985-86.
Mr. Taugher has proposed the following rate increases for the period
beginning September 1, 1986 and ending July 31, 1987 :
------------------------------------------------------=---------------------
COPIES TO:
ITEM NO. o
AGENDA STATEMENT: Building Law Enforcement Service Contract Amendment
Page 2
Proposed _
1985-86 1986-87 %
Classification Hourly Rate Hourly Rate * Change
Building Inspection
Inspection $40 .50 $42. 50 4 .9%
Housing & Zoning Enforcement 40.50 42.50 4 .9%
Plan Checking (Residential & 40.50 42. 50 4 .9%
Non Structured Commercial
& Industrial )
Building Official
Inspection $40 .50 $42 .50 4 .9%
Housing & Zoning Enforcement 40. 50 42 .50 4 . 9%
Plan Checking (Complex 65. 00 68.00 4 . 6%
Residential, Commercial &
Industrial Buildings)
Supervision & Administration 65.00 68.00 4 . 6%
Zoning Investigator
Zoning Enforcement 35.00 36.50 4 .3%
* An additional insurance surcharge of $2 .45/hour not to exceed $12, 000 will
be added to the above hourly rates. .
The proposed insurance surcharge would be dropped once the City had covered
the $12, 000 in insurance for 1986-87 . If insurance premiums decrease next
year, the 1986-87 insurance surcharge would be dropped from the hourly rate
commensurate with the decrease in insurance premium.
Recommendation
In accordance with previous discussions with the City Council, it was agreed
that all contract evaluations would be undertaken at the same time in
December of each year as part of the preparation of the City' s, annual goals
and upcoming budget. (See Memorandum from City Manager dated 5/23/86 . )
Since the contract renewal dates for the City' s contractors do not
correspond with the same timeframe, it is recommended that the City Council
only consider contract rate adjustments at this time and defer contract
evaluation to December 1986.
Staff believes that the proposed increase in hourly rates of 4 .3% to 4 .9% is
reasonable and the $2.45/hour insurance surcharge is consistent with the
handling of other contractors and necessary during a period of insurance
uncertainty. Staff included sufficient funds in the City' s Contingent
Reserve to cover unanticipated contract insurance costs.
It is therefore recommended that the City Council approve the Amendment to
the Agreement with Taugher & Associates and authorize a transfer from the
Contingent Reserve to the Building & Safety Budget in the amount of $9, 600
and to the Planning Budget in the amount of $2,400 .
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- -' AGREEMENT -: -
_.
.:._:.FOR- =:
G ?"LAW.::?ENF.ORC.EMF.NT.'_;SERVICES ;
n ,
BUILDIN
THIS AGREEMENT is made and entered . into this 1st day of -August , 1983 ,
by and between the City of Dublin, `a-,:municipal- corporation, hereinafter -
referred to as the . "City" , and Taugher;;:,& :Associates, an 'Individual;
hereinafter referred to as the "Building -,Official
W I T NI;ES S E T H
WHEREAS, the Building Official has submitted to the :City a proposal to
provide building law enforcement services to the City; ,.and ..
WHEREAS, the City has determined that it is advantageous and in the
best interest of the City to enter into the Agreement -hereinafter set forth;
NOW, THEREFORE, in consideration:'of the mutual promises, conditions and
covenants herein contained, the parties agree as follows:
1 . Building Inspection Services. Building Official shall enforce the
provisions of the City' s Building, Electrical, Plumbing, Mechanical and
Housing Codes; the City' s Zoning .Ordinance; and related State laws .
Building Official 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 Ordinance of the City for the
Building Official and in the performance of such work, the employees of
the Building Official .shall do -."..the following:
a. Plan Review. Building :'Official shall review the plans
prepared.by or on behalf of :private developers -for compliance with
applicable State and City ."ordinances and regulations. Building
Oficial shall' maintain. close liaison with the 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 . 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. Building Inspection. Building Official shall provide
building inspection service during the course of construction of
private facilities to enforce compliance with the provisions of
the applicable State and City ordinances and regulations set forth
on the plans for which the permit is issued. In the performance
of such duties, Building Official shall provide prompt inspection
for each project at the completion of the various stages of
construction to determine compliance.
C . Zoning Enforcement. Building Official shall provide
enforcement of all aspects of the City' s Zoning Ordinance and ,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.
Building Official shall perform other activities as directed
by the City.
d. Housing Code Enforcement. Building Official shall enforce
the City' s Housing Code by ;.investigation of complaints regarding
sub-standard housing conditions and where necessary, prepare cases
for citation hearings, criminal proceedings in municipal court,
and civil abatement proceedings . +
Building Official shall perform other 'activities as directed
by the City.
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e. Facilities for. Records . The City shall provide .an office for
conducting the duties set forth in this Agreement, and shall
provide., necessary furni.s.hings:,,;;.telephone,....permit forms .and. codes
Within this-_.office, =-,Bu lding Offic-'ial shall -�assemble 'such records
customarily maintained by a City _Building Department. Such
records shall, at all times, be the property of the City. - -
2 . 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. Building Official shall review the appropriate ordinances
and fee schedules in effect by the City, ' and shall compute the amount
of such fees to be collected by the City.
3 . Compensation to Building Official . Building Official shall be
compensated monthly for services rendered in accordance with the
schedule contained on Exhibit "A" which is attached hereto.
4 . General- Conditions . -
a. Avoidance of Conflicts . During the life of this Agreement,
Building Official shall not provide services to any client for a
project which requires any permit or approval from the City.
b . Compliance with Laws . Building Official, his agents and
employees, shall comply with all laws, ordinances, rules and
regulations of the State, County, the City of Dublin, and all
governing bodies having juri.sdiction applying to work done or to
be done under the Agreement.
C . Insurance and Indemnification. Building Official shall
assume liability and pay all costs of defense, including legal
fees and court costs, and hold the City harmless from loss,
damages , costs or expenses caused by any negligent or wrongful
acts , errors, or omissions of Building Official ' s officers,
employees and agents which may occur in the performance of the
terms , duties and obligations of this Agreement. Building
Official shall provide a certificate of insurance to the City, to
be included as part of this Agreement, which will give evidence of
general liability insurance of not less than $1, 000, 000 . 00 for
personal injury, accidental death and property damage; and further
provide to the City a Certificate of 'Insurance, which gives
evidence of automobile liability insurance coverage of not less
than $1, 000 , 000 . 00 for personal injury and accidental death, and
$50 , 000 . 00 for property danage per occurrence . City shall be
named as an additional insured in any such liability insurance
policy. Building Official shall pay all premiums for said
insurance .
Building Official shall also provide the City with a
certificate of insurance, to be included as part of this
Agreement, which will give evidence that Building Official ' s
employees are covered by worker ' s compensation insurance .
All certificates of insurance which are a part of this
Agreement shall be approved by the City Manager and City Attorney
as to form and content.
d. Assignability. Building Official shall not assign this
contract without prior written consent of the City_
^- e . Clerical Support . City agrees to provide adequate clerical
support to the Building Department function as mutually agreed
upon by City and Building Official .
f . Subcontractor. The name, background and experience of any
and every firm to which any work outlined in these specifications
is to be sub-contracted by the person or firm to which the prime
agreement is awarded must be submitted to the City Manager for his
approval . Unless a sub-contract is approved by the City Manager,
the holder of the prime agreement must do all the work outlined in
these specifications, using his own equipment and personnel . It
must be clearly understood that the holder of the prime agreement, _
Page 2 -
irrespective of any approved sub-contract,..will be held entirely
responsible for the_ quality and quantity of work to be done under
the terms of the agreement_ No sub-contract: to do any work
outlined in these specifications 'is to run longer than one year, -
and the extension or renewal of any such sub-contract agreement
can only be made with the approval of the City Manager. The
agreement will not be assignable in whole or part.F'. without the
express written approval of the City Manager. . . .
5 . Responsible Individual . The individual directly responsible for
the performance of the duties of Building Official as hereabove set
forth shall be Victor L. Taugher, a California Registered Civil
Engineer, License #9556, and Fire Protection Engineer License #911.
Upon mutual agreement and direction of the City Manager, Building
Official may substitute other individuals in the above capacity as
responsible individual .
6 . Term of Agreement.
a. 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 Building Official upon ninety (90) days advance
written notice .
b. Notices . Any written notices to the parties hereto shall be
sufficient if they are- deposited in the United States Post Office,
in envelopes, postage prepaid by registered or certified mail
addressed as follows :
City: City of Dublin
PO Box 2340
Dublin, California 94568
Building Official : Taugher & Associates
18681 Vineyard Road
Castro Valley CA 94546
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate at Dublin, California, the day and. year first above .written.
CITY OF DUBL-
By
M or
ATTEST:
i n
City C]4-\4-1-
TAUGHER & ASSOCIATES
By
Page 3
rt f —rs a Y� PPOP.Q5ED�CHAN.GES TO -� �
EXHIBIT 'A -..
RATE SCHEDULE
CLASSIFICATION FEE RATE PER HOUR
Building Inspector
Inspection $35.00
Housing & Zoning Enforcement 35 .00
Plan Checking (Residential and non-structural
commercial and industrial plan checking) 35.00
Principal Building Official
Inspection 35.00
Housing & Zoning Enforcement 35.00
Plan checking (complex residential, commercial and
industrial buildings) 59.00
Supervision and administration* 59 .00
Mileage Rate $ .25 per
mile
This rate schedule_ will be effective for the first year of this agreement.
The rates will be adjusted thereafter annually, as mutually agreed upon by
the Building Official and the City.
In the event that Building Official is requested to perform services in
excess of forty (40 ) hours in any one (1) week, or in the event that there
is an emergency requirement for the services of the Building Official and
the City is reimbursed for said services, Building Official shall be
compensated at 1-1/2 times the above hourly rates . Standard rates will
apply for Building Official ' s attendance at Planning Commission and City
Council meetings .
* Supervision duties include review and coordination of work performed by
inspectors and clerical support staff. Administrative duties include
Council and Commission meeting attendance when -requested, meeting with
applicants and developers, interagency coordination and coordination with
Staff, development of office procedures, operations, etc.
a
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AMENDMENT TO AGREEMENT BETWEEN
CITY OF DUBLIN AND TAUGHER and ASSOCIATES, INC.
FOR BUILDING LAW ENFORCEMENT SERVICES
WHEREAS, the City of Dublin (hereinafter referred to as "CITY" ) ,
and Taugher and Associates, Inc. . (hereinafter referred to as
"BUILDING OFFICIAL" ) , first entered into an Agreement on
August 1, 1983 to provide Building Law Enforcement Services to
the City of Dublin; and
WHEREAS, the ' .fees established in Exhibit A of the original
agreement were . to be annually reviewed and adjusted as mutually
agreed upon by the Building Official and the City; and
WHEREAS, an adjustment of fees for services has been made by the
City. on an annual basis in the- past; and
WHEREAS, the City wishes to continue contracting for services
from Building Official; and
WHEREAS, an adjustment of fees for services rendered is desired
by both. the City and Building Official.
NOW, THEREFORE, the parties hereto agree as follows :
SECTION I . ADJUSTMENT OF RATES
The Taugher and Associates - hourly rate schedule (Exhibit A) shall
replace the rate schedule which was adopted by the City Council
and became effective August 1, 1985.
The change in rate shall be effective September 1, 1986 and shall
continue in effect until rescinded or amended by the City
Council, according to the provisions of the agreement.
CITY OF DUBLIN
Mayor
ATTEST:
City Clerk
TAUGHER AND ASSOCIATES
^' Victor L. Taugher
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EXHIBIT A
RATE SCHEDULE
CLASSIFICATION FEE RATE PER HOUR
Building Inspector $ 42.50
Inspection 42.50
Housing & Zoning Enforcement 42.50
Plan Checking (Residential & Non Structural
Commercial & Industrial Plan Checking) 42 .50
Principal Building Official
Inspection 42.50
Housing & Zoning Enforcement 42. 50
Plan Checking (Complex Residential, Commercial &
Industrial Buildings) 68. 00
Supervision & Administration 68.00 **
Zoning Investigator
Zoning Enforcement 36.50
This rate schedule will be effective for the period beginning on
September 1, 1986 and ending on July 31, 1987. The rates will be
adjusted thereafter annually, as mutually agreed upon by the
Building Official and the City of Dublin.
In the event that the Building Official is requested to perform
services in excess of forty (40) hours in any one (1) week, or in
the event that there . is an emergency requirement for the services
of the Building Official and the City is reimbursed for said
services, the Building Official shall be compensated at 1% times
the above hourly rates . Standard rates will apply for Building
Official' s attendance at Planning Commission and City Council
meetings .
* An additional insurance surcharge of $2.45/hour not to exceed
$12, 000 will be added to the above hourly rates .
** Supervision duties include review and coordination of work
performed by Inspectors and clerical support staff.
Administrative duties include City Council and Commission
meeting attendance when requested, meetings with -applicants
and developers, inter-agency coordination and ,coordination
with Staff, development of office procedures, operations,
etc.
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MEMORANDUM
To: ty Council
Fro ity Manager .
Re: Contractor Evaluations
Date: May 23, 1986
-In order to provide the necessary background, I will briefly review the current
method of reviewing contract services.
The primary focus on contract evaluations has been in two areas: first, the
work performance levels of the contractor; and secondly, the cost-effectiveness of
the contract service. The City currently obtains the following services through the
use of independent contractors: Building and Safety, Animal Control, Engineering,
Paratransit Services, Police, Public-Works Maintenance, Crossing Guards, Legal
Services, Financial Consultant and Bookkeeper, Street Sweeping, and Vector Control.
It has been the City Council policy to review the contract in each area on an annual
basis. Staff has utilized a written rating sheet to obtain additional comments from
individual City Councilmembers.
The evaluation of the contractor's performance is presented in terms of
workload indicators. Staff reviews the data and compares it to the prior year of
service. In October of 1985, a formal service request system was implemented. A
critical factor of this program is an evaluation card which is returned to the person
reporting the problem. This allows Staff to observe both response times and the
resident's•perception of the service level. The service request system will also
provide another indicator of workloads in key program areas. (A sample of the most
recent service request report is attached.) The presentation to the City Council
condenses the workload measures to display the most critical measures of performance.
The review of the cost of contract services involves a thorough financial
review of expenditures. Whenever possible, the prior data is also compared to
determine changes that may have occurred. The determination of the cost- _
effectiveness involves a review of the total contract costs compared to other
alternatives.
If a potential alternative involves the provision of services by City
employees, Staff conducts a brief market survey for the personnel classifications
required. Also, costs associated with equipment and other overhead expenses must be
considered to determine the overall cost "of an alternative scenario. Whenever
possible, Staff has attempted to review as many alternatives as possible. The
approach has encouraged creative solutions to the provision of services.
Prior to the final preparation of the report, the City Manager meets and
discusses the findings with the key personnel involved in the contract. The City
Manager also requests that the Contractor con-aict a self-examination of the services
provided.
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Overall, the review process requires a considerable amount of Staff time, given
the number of contract services. Also, some.of.the phases of this process are
duplicated, when Staff prepares the budget document. The same level of detailed cost
and performance data is collected to develop a proposed financial plan. Staff has
attempted to address contract reviews as proposed rate changes are made, or when the
contract expires. The City Council also establishes service levels during the budget
adoption process. This can alter the level of the contract service provided,
depending on the increment level selected.
I would recommend that the City Council consider amending the time schedule for
the review of contract services. As noted above, the annual budget process does
allow for a basic review of performance levels and cost. The in-depth contract
review.process may be more appropriate to undertake on an annual basis. This could
be undertaken in December and January, to allow the results to be included in the
goals and objectives and budget planning which occurs early in the calendar year. I
would propose that Public Works Maintenance, Building and Safety, Engineering,
Paratransit Services, Police, Animal Control, Crossing Guard, and Vector Control
programs be reviewed in December and January. This schedule will provide adequate
time to prepare the detailed analysis on each of the functions.
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