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HomeMy WebLinkAboutItem 7.1 Building Law Enforcement Contract Review 1' CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 27 , 1991 SUBJECT: Building Law Enforcement Contract Services Review and Agreement Amendment (Taugher & Associates, Inc. ) 1 Report Prepared by Paul Rankin, Assistant City b1 Manager EXHIBITS ATTACHED: o Memorandum dated March 8, 1991 from Mr. Taugher, Building Official to City Manager • Current Agreement • Resolution Approving Proposed Amendment to the Agreement RECOMMENDATION �A ppr iew services and provide input on performance. ove and authorize the Mayor to execute the proposed Amendment to the Agreement. FINANCIAL STATEMENT: The proposed 1991-92 Budget contains funding in accordance with the proposed terms of the amended agreement. The proposed amendment increases rates by less than 6%. DESCRIPTION: The City of Dublin has utilized professional Building Inspection and Plan Checking Services provided by the firm of Taugher & Associates since 1983 . The services provided are those which are typical of a Municipal Building and Safety Department. Current services provided include: Plan Checking; Inspection of Building Construction; Housing Code Enforcement; and Administration of the Building and Safety Department. The City provides secretarial support for this department with a City employee. Also, the City has provided an Intern to assist on a special project under the direction of the Building Official. Staffing Levels Mr. Taugher serves as the City's Building Official and as discussed in his Memorandum, it is anticipated that in Fiscal Year 1990-91 that he will provide a total of approximately 1,260 hours of service. This service level equals slightly over one half time position ( . 63 Full Time Equivalent) . Mr. Taugher provides general administration of the Building and Safety function, as well as conducting the initial Plan Review prior to issuance of permits. In addition to Mr. Taugher's personal services, his firm also provides personnel to conduct building inspections. In Fiscal Year 1990-91, Mr. Taugher estimates that the City will receive a total of 3, 680 hours of services. This equates to approximately 2 full time Building Inspector positions (1.9 FTE) . Staff believes that the current contract arrangement with Taugher & Associates has allowed the City to retain highly qualified individuals. Mr. Taugher is active with the International Conference of Building Officials (ICBO) , and assists this organization in reviewing the Building Code for recommended changes and updates. In addition, Mr. Taugher is a Registered Engineer which allows him to complete the plan checking on complex projects. Mr. Taugher has also been able to provide senior level inspection staff to the City. The availability of knowledgeable code enforcement personnel is important in protecting the safety of individuals who occupy buildings in the community and also in insuring that the applicable codes and ordinances are adhered to. Staff feels confident that the level of services performed during the past year have been at an acceptable level. ---------------------------------------------------------------------- COPIES TO: ITEM NO. 17 Hours of Service The Building & Safety Office maintains the same hours as other City departments at the Development Services counter at City Hall. The regular business hours are Monday through Friday, 8: 00 a.m. to 5: 00 p.m. The Building Official is available typically in the office between the hours of 8 : 00 a.m. and 12 :00 noon each weekday. Inspection Staff members are available in the office between the hours of 8 : 00 a.m. and 10: 00 a.m. each weekday. In addition, Mr. Taugher and his staff are available at other times to meet with members of the public by special appointment. City personnel provide staffing at the public counter throughout the workday. This includes an Administrative Secretary assigned to the Building & Safety Department. This individual has been trained and is capable of processing applications and answering general questions regarding the building permit process. Staff has been unable to identify any indicators that would support the need to modify the hours in which service is available at the public counter. Impact of Business License on Building & Safety Department As part of the City's Business License process, businesses are inspected for compliance with the Building Code. The Business License was implemented in October, 1990. Conformance with Building & Safety Codes is important to protect the safety of those who enter these buildings. The following breakdown identifies the workload impacts of this program on the Building & Safety Department. Hours of Service & Number of Inspections Associated With the City Business License ESTIMATED 1990/91 PROJECTED 1991/92 Rate/ Rate/ Hrs Hr Cost* Hrs Hr Cost* Building Official 100 $81 $ 8, 100 60 $85 $ 5, 100 Building Inspector 400 $51 $20,400 250 $54 $13 , 500 Total 500 $28, 500 310 $18, 600 * Note: Cost does not include Insurance Surcharge of $4 . 00/hr. , which is added to the first 3 , 000 hours of service. This function accounted for 9 percent of the total estimated hours of service provided by Taugher & Associates during Fiscal Year 1990-91. It is anticipated that this will be reduced to 7% of total hours during Fiscal Year 1991-92 . The Business License Inspection has been useful in identifying code violations and working with businesses to obtain compliance. Once the City has knowledge of violations, it is important to obtain the correction in order to protect public safety. Some of the violations observed could pose a safety problem to employees of the business, or fire personnel in the event of a fire. Therefore, Staff does not recommend any reduction in the hours associated with this activity. Provision of a Public Education Program As part of the 1991 City Council Goals & Objectives session, Mr. Taugher proposed an education program for residents. The intent is to develop a workshop which would be presented to residents considering homeowner improvements. This would be- held either in the evening or on a weekend to obtain the largest amount of participation. This would be a new program for Fiscal Year 1991-92 . -2- In Fiscal Year 1991-92, the following hours and costs would be associated with this activity: 1991-92 Fiscal Year Public Education Program Hourly Hrs Rate Cost* Building Official 25 $85 $2, 125 Building Inspector 100 54 $5, 400 125 $7, 525 *Note: Cost does not include the Insurance Surcharge of $4 . 00 per hour, which is applicable to the first 3, 000 hours of service. This activity accounts for a relatively small percentage (3%) of the total hours of service provided by Taugher & Associates. The primary goal is to avoid the need for enforcement efforts on homeowner projects, by educating residents on what is required. Staff would recommend that this program be pursued as a Pilot Program and that an evaluation be conducted at its conclusion. This information will be helpful in assessing the need or benefits from the program in the event the program is continued in future years. Proposed Building & Safety Service Levels for 1991-92 Due to the decline in the residential building industry and the build out of large available sites within the City, a reduction in this service is anticipated. The two programs referenced above will affect the impact on the total contract cost and levels of service. The following chart compares the proposed levels of service. for Fiscal Year 1990-91 vs. Fiscal Year 1991-92 : Prior Yr Proposed Est. 1991/92 1990-91 # Hours Building Official Plan Checking and Administration 1,260 1, 100 Business License 100 60 Homeowner Education Program N/A 25 Total Hours 1, 360 1, 185 Building Inspector Code Inspection 3 , 680 2 , 650 Business License 400 250 Homeowner Education Program N/A 100 Total Hours 4, 080 3 , 000 Mr. Taugher anticipates reducing the inspection staffing to one beginning the first month of Fiscal Year 1991-92 . The projected number of hours provides for increasing the number of inspectors to two in the Spring of 1992 . This change anticipates the potential start-up of Phase I on the Hansen Hill project and the final phase of the Ahmanson Images project. Cost of Services The cost of providing Building & Safety services is directly affected by the level of construction activity within the City. As the number of inspections performed decline, the per unit cost will increase due to the fact that there is a built in cost in providing these types of services. The use of a contract, instead of City personnel, for this service allows the City to adjust the service levels based upon what is occurring in the construction industry. In addition, once the larger projects within the City's existing boundaries are underway and constructed, it will be appropriate to consider the estimated time frame for any large scale development which would support full-time in-house Building & Safety staff. The cost of building inspection is partially offset through building permit fees collected by the City. The City is currently utilizing a fee structure which was in place when the County had jurisdiction over -3- this area in 1982 . The City Council, through the adoption of the 1991 Goals & Objectives has directed Staff to review the current building fee schedule and identify whether an adjustment is appropriate. In reviewing the building inspection revenue it is also important to note that receipt of the revenue does not always correspond with the time period in which the expense is incurred. For example, a developer may pay for building permits in one fiscal year and construction and inspection activities may actually take place in the next fiscal year. In order to fully understand the cost of building inspection services, it is important to consider both the contract costs provided by Taugher & Associates and the City support costs associated with the Administrative Secretary assigned to this department. The following identifies the combined costs for Building Inspection Services: Actual Actual Actual Estimated Projected 1987-88 1988-89 1989-90 1990-91 1991-92 Taugher & Assoc. $278, 666 $257, 576 $281, 337 $303 , 000 $273 , 800 City Support 41, 391 42 , 878 44 , 520 54 , 173 52 ,996 Total Cost $320, 057 $300, 454 $325,857 $357, 173 $326,796 Total Revenue $513 , 550 $282, 014 $302 ,818 $183 , 000 $400, 000 Combined Effect of Revenue vs. Costs Over Multiple Years Fiscal Year 1987-88 to 1990-91 Projected Revenue $1, 281, 382 Projected Cost* $1, 303 , 541 Net Difference = Direct City Costs Not Covered by Building Permit Revenue ($ 22 , 159) * * Does not include any City overhead costs. For the purpose of this analysis, Staff only compared the years which did not require a substantial reliance upon budget estimates. The Fiscal Year 1991-92 projection is an estimate which may be substantially impacted by economic conditions. Inclusion of the 1991- 92 projected figures would affect the reliability of the multi-year analysis. For this reason, the analysis only compares data through Fiscal Year 1990-91. As previously discussed, the revenue does not always correspond with the fiscal year in which the inspection services are rendered. It is also important to understand that this comparison has only utilized information related to the direct costs associated with the Building & Safety function. It is likely that the deficit shown is actually understated when City overhead costs are taken into account. As previously noted, a review of the permit fee schedule will be undertaken during Fiscal Year 1991-92 . Financial Comparison of In-House Building & Safety Department In considering the potential for utilizing an in-house Building and Safety function, several factors need to be considered. Given the limited size of a City Department, it would most likely require a continuation of limited contract services. For example, it would be necessary to have the ability to contract for coverage during vacations and other absences. It is also important to note that the success of an in-house program depends on the quality and background of the individuals the City is able to attract. Mr. Taugher is a registered engineer providing the credentials necessary to complete plan checking on complex projects. If the Building Official selected by the City did not meet this standard, the City may continue to rely upon contractual plan checking of complex projects. -4- The qualitative issues identified above must be considered when analyzing the total impact of a financial comparison between in-house and contract building inspection services. In-House Estimated Costs Estimated hours Cost (1) Sr. Bldg. Inspector 1, 992 $73 ,400 Contract Fill in Inspector (2) 160 8, 640 Building Official 1,992 94, 100 Contract Bldg Official Coverage(3) 200 17, 000 Misc. Contract Plan Checking (4) estimate 10, 000 Supplemental Contract Inspection Time Necessary to achieve an annual total of 3 , 000 hours of service (5) 1, 008 58 , 500 TOTAL ESTIMATED COST OF IN-HOUSE BUILDING & SAFETY DEPT $261, 640 NOTES: (1) Estimated cost of personnel include Salaries, Health & Welfare Benefits, Car Allowance, and Estimated increase to City Liability Insurance Coverage. (2) Estimated contract hours for an Inspector are based upon coverage for 20 days of general leave. (3) Estimated contract hours for Building Official area based upon 5 weeks (20 days general leave and 1 week conferences/ training) . (4) A contingency has been included in the event that plan checking of complex projects was contracted. (5) In order to directly compare an in-house service with the proposal from Taugher & Associates, additional contract inspector hours must be accounted for to provide a total of 3, 000 hours. Proposed 1991-92 Taugher & Associates Contract Costs Building Official Hours 1, 185 Building Inspector Hours 3 , 000 Total Projected Contract Cost Including Insurance Surcharge $273 , 800 Additional Direct Costs of Contract Service Taugher & Associates Proposed $273, 800 Estimated In-House Cost 261, 640 Difference $ 12 , 160 As shown above, the use of contractual services provided by Taugher & Associates results in approximately $12 , 160 in additional costs over utilizing City personnel. This additional cost is minimal given that the change to City personnel would also create incremental increases in other City functions. For example, there would be additional payroll processing and administrative time required for personnel and supervisory related activities. Staff has also attempted to analyze a projection of staffing required for Fiscal Year 1992-93, as well as Fiscal Year 1991-92 . Mr. Taugher has indicated that he anticipates the number of hours of service in 1992-93 to decrease over the number projected for 1991-92 . This accounts for the fact that the initial Business License review and follow-up should be complete. In addition, there are not any major large scale projects anticipated at that time. There may be a small increase in the final quarter of Fiscal Year 1992-93 in the event that Hansen Ranch (Phase II) and Donlon Canyon begin construction during that period. -5- Staff does not anticipate a significant increase in the Staffing required until such time as development occurs in the Extended Planning Areas (Eastern and Western Dublin) . Without this additional level of activity, it does not appear that it would be cost effective to bring the Building and Safety function in-house. This analysis has been based upon the workload projections developed by Mr. Taugher and attached to his memorandum (Exhibit 1) . This schedule attempts to project when construction activity will be occurring on some of the more significant projects in the City . In the event that the developers extend their construction timeframe to the point that these projects are followed closely by development in the Extended Planning areas, the City will incur additional costs for the contract arrangement. The primary advantage of contracting this service is the ability to obtain less than full-time services during periods of low construction activity. Staff concludes that the estimated construction schedule represents this type of scenario. Cost per Inspection The City has also utilized the cost per inspection as an indicator of services rendered pursuant to the Taugher & Associates Agreement. Data for this measurement are shown below: Actual Actual Budget Estimated Projected 1988-89 1989-90 1990-91 1990-91 1991-92 Contract Cost $257, 576 $281, 337 $305, 100 $303 , 000 $273 , 800 # of Inspections 7 , 354 5, 500 8, 200 6, 000 5, 500 $ Per Inspection $35. 02 $51. 15 $37. 21 $50. 50 $49. 78 As shown above, the 1990-91 estimated cost per inspection is substantially more than the budgeted amount. One impact on this has been the need for increased Building Official hours to address inspections and corrections required as a result of the City's Business License Ordinance. Also, as the workload has declined, the second inspector position has been working less than a full day. Given that both inspectors are in the office 2 hours each morning, handling administrative functions and responding to inquiries at the public counter, this results in a higher proportion of the inspector's time being office related. The estimated 1990-91 cost per inspection is quite close to the actual cost for Fiscal Year 1989-90. In Fiscal Year 1991-92 , it is estimated that there will be a small reduction in the cost per inspection. Proposed 1991-92 Agreement Modifications The current agreement with Taugher and Associates identifies the Rate Schedule as a separate Exhibit. The agreement provides for two separate rates: Building Inspector and Building Official. In addition, the agreement provides for a separate surcharge for liability insurance. The current rates are effective through July 31, 1991. Mr. Taugher has proposed an amendment to the hourly rates as follows: Current Rate Proposed Rate Increase Building Official $81. 00 $85. 00 +4 . 9% Building Inspector $51. 00 -.-- $54 . 00 +5. 9% The rates shown include benefits, vehicles, liability insurance and the contractor's overhead. The proposed amendment would be effective August 1, 1991. Mr. Taugher has not proposed any change to the Liability Insurance Surcharge. This is paid as a $4 per hour surcharge, not to exceed a total of $12 , 000. This is the same level paid during the previous two fiscal years. Mr. Taugher estimates his Fiscal Year 1991-92 liability insurance expense at $36, 085. -6- Conclusion Staff recommends that the City Council review the level of services provided and provide any additional input. Staff also recommends that the City Council approve the Resolution amending the agreement between Taugher & Associates and the City of Dublin. a:taugher.doc.agenda#5 -7- Taugher and Associates, Inc. CONSULTING ENGINEERS P.O.BOX 20232 AREA CODE 415 18681 VINEYARD ROAD 537.2285 CASTRO VALLEY.CALIFORNIA 94546 MEMORANDUM March 8, 1991. (Revised June 5, 1991) To: Richard Ambrose, City Manager From: Victor L. Taugher, Building Official i Subject: Annual Contract Review - Budget Preparation Proposed 1991 - 92 contract A. Proposed Rates It is proposed that the basic rates for inspection services be increased as follows: Current Rate Proposed Rate Building Official $ 81. 00 $ 85. 00 Building Inspector 51. 00 54 . 00 City subsidy for liability 12, 000. 00 12, 000. 00 The proposed rate reflects an increase of approximately 5% for the Building Official and 6% for the Building Inspector. No increase in the subsidy for liability insurance is requested. B. Insurance I have discussed insurance rates with my broker. While it is too early to obtain a definite quote, it is esti- mated that the cost of errors and omissions insurance for next year will be about the same as this year. The following is the cost of my errors & ommissions insurance. 1987-88 1988-89 1989-90 1990-91 Insurance cost $46, 321 $56, 119 $36, 085 $36, 085 City Subsidy 16, 000 16, 000 12, 000 12 , 000 1 E. Statistical Projection 1989-90 1990-91 1991-92 Actual Estimated Estimated Bldg. Permit Rev. $ 302 , 818 $ 183 , 000 $ 400, 000 Bldg. Valuation 36,904,402 15, 200, 000 24, 000, 000 Permits 910 850 900 Inspection (Bldg. ) 5, 500 6, 000 5,500 Res. Units Completed 280 631 101 F. 1989-90 Fiscal Year Report Attached is the 1989 - 90 fiscal year report of Building Inspection Department Activity. D. Cost of Service Actual Budget Est. Est. 1989-90 1990-91 1990-91 1991-92 Cost Administration & Plan Review $ 99, 166 $ 89 , 100 $102 , 180 $100,400 Bldg. Inspection 182 , 171 204 , 000 186, 917 161,400 Bldg. & Safety Contract Cost 281, 337 293 , 100 301, 097 261, 800 Insurance Surcharge * 12 , 000 12 , 000 12 , 000 Total Contract Cost 281, 337 305, 100 303 , 000 273 , 800 City Support 44,250 60, 484 54 , 173 52 , 996 $325,587 $365, 584 $357, 173 $326, 796 Hours Building Official 1, 259 1, 100 1, 260 1, 185 Building Inspector 3 , 576 4, 000 3 , 680 3 , 000 * included in above costs 3 It is requested that the City continue to subsidize insurance costs this year in the amount of $ 12, 000 with an hourly rate of $4. 00 per hour. C. 1991-92 Staffing Levels The attached bar chart is a projection of scheduling of major projects. The time frame for these projects should only be considered indicators of work load. Depending on the economy and other factors, these times could either compress or lengthen out. The business license program has imposed additional workload. There 92 businesses that have apparent build- ing code violations. These will require at least 60 additional hours for the Building Official and 250 hours for Building Inspectors. In addition it is pro posed that the Building Department provide an educa tional program for owner-builders. This program will require 25 additional hours for the Building Official and 100 hours for Building Inspectors. It should be noted that there is no additional revenue for these activities. Finally, customer service requires add- itional time with no additional revenue. Actual Estimated Proposed 1990-91 1990-91 1991-92 (8 months) Building Official 812. 5 1360 1185 Building Inspector 2471.75 4080 3000 Staffing projections anticipate that the added workload will be somewhat offset by a reduction in construction activity. D. Changes in Work Method We are still looking foreward to an automated land information system and permit system which hopefully will be up and running in 1991-92 . 2 A1)RKLOAD 1'1,0.)I'.C'I'T(1NS .Inn 91 .Iul,y r)I July 9'2 hi�1y 93 Inly 94 Dublin Plcadows (206 units) 174 / 32 / Ki.ldara (174 "nits) 33 Village ITI l'arkwoM ('224 units) 2'24 / V iA.lage IV Torrey P.i ncs (1 35 un i.ts) 57 6o Almonson/Tmapges (69 dwellings) / 41 / ilright.on meadows 'I'R 5616 (.1-7 dwell i.ngs) 17 / Iku•deaux Estates (9 dwolli.ngs) 9 custom to s / Hansen Ranch (1 S0 dwellings) 75 / 105 / Donlon Canyon (300 units) �— 300 / (17 dwel.l..i.figs) 17 — Enen Plaza / (tenant improvements) / Public Storage / (tenant improvements) / Dubncy Orrice Iltclg. / I D. S. R. S. D. / Dublin Ilonda / Chevron Gas Station a — 1W Gas Station Mice Club Fire Repai.i•/VUl.age I'ly / DRFA Fire Station No. 1. / / r M E M O R A N D U M TO: Richard Ambrose, City Manager FROM: Victor Taugher, Building Official SUBJECT: BUILDING INSPECTION DEPARTMENT 1989-90 YEAR END REPORT DATE: March 8 , 1991 CITY OF DUBLIN BUILDING INSPECTION DEPARTMENT 1989 - 90 ' ACTIVITY REPORT 1987-88 1988-89 1989-90 Valuation $65, 358 , 631 $29, 566, 347 $36,904 , 402 Permit fees 508 , 218 289 , 959 302 , 818 Permits issued 1, 086 1, 068 910 Inspections 8 , 537 6, 774 5, 500 Days worked 249 251 250 Hours in field 3 , 015 2 ,792 . 65 2535. 25 v Hours/day 12 . 1 11. 13 10 . 14 Inspector office hours 836 . 8 747 .75 1, 054 . 5 Hours/day 3 .4 2 .98 4 . 2 Inspections/day 34 . 3 27 22 • Inspections/hour 2 . 8 2 . 43 2 . 17 Inspections/permit 7 . 99 7 . 52 6 . 04 Contract cost $278 , 265. 51 $257 , 576 . 00 $281, 337 . 16 Cost/inspection 32 . 60 38 . 02 51. 15 1 AGREEMENT FOR BUILDING LAW ENFORCEMENT SERVICES 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 N E S 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. Pa.ae 1 e . 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. 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 jurisdiction 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 persona]_ 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 submit-ted 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, 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 DUBLI i By , Z' M yor ATTEST: 1 City C e k TAUGHER & ASSOCIATES Y Page 3 PROPOSED CHANGES 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 . Page 4 RESOLUTION NO. - 91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *************************** AMENDING THE AGREEMENT BETWEEN THE CITY OF DUBLIN AND TAUGHER & ASSOCIATES, INC. FOR BUILDING LAW ENFORCEMENT SERVICES WHEREAS, Taugher & Associates, Inc. first entered into an Agreement on August 1 , 1983 to provide Building Law Enforcement Services to the City of Dublin; and WHEREAS, the Agreement identifies the fees to be charged in an Exhibit "A"; and WHEREAS, the agreement allows an annual review and adjustment of the fees charged by Taugher & Associates, Inc. and mutually agreed upon by 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 Taugher & Associates, Inc. ; and WHEREAS, an adjustment of fees for services rendered has been requested by Taugher & Associates, Inc. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve an amendment to the agreement by and between the City of Dublin and Taugher & Associates, Inc. as described in Exhibit 1 attached hereto and by reference made a part hereof. BE IT FURTHER RESOLVED that the Mayor shall be authorized to execute the amendment on behalf of the City. PASSED, APPROVED AND ADOPTED this th day of , 1991 . AYES: NOES : ABSENT: Mayor ATTEST: City Clerk E X H I B I T 1 1991 AMENDMENT TO AGREEMENT FOR BUILDING LAW ENFORCEMENT SERVICES BY AND BETWEEN THE CITY OF DUBLIN (CITY) AND TAUGHER & ASSOCIATES, INC. (BUILDING OFFICIAL) The parties hereby agree to the following amendments: Section 3 - Compensation to Building Official shall read as follows: BUILDING OFFICIAL hourly rate schedule shown below as Exhibit A shall become effective for all services rendered under this agreement after August 1 , 1991 . This change shall continue in effect until rescinded or amended by action of the City Council, in accordance with the provisions of this agreement. EXHIBIT A RATE SCHEDULE - 1991 CLASSIFICATION FEE RATE PER HOUR* Building Inspector $54 . 00 Inspection $54 . 00 Plan Checking (Residential & Non-Structural Commercial & Industrial Plan Checking) $54. 00 Principal Building Official Inspection $85 . 00 Plan Checking (Complex Residential, Commercial & Industrial Building) $85 . 00 Supervision & Administration** $85 . 00 This rate will be effective for the period beginning on August 1 , 1991 and ending on July 31 , 1992 . The rates will be adjusted thereafter annually, as mutually agreed upon by the BUILDING OFFICIAL and the CITY. 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 requiring the services of the BUILDING OFFICIAL and the CITY is reimbursed for said services, the 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 . * An additional insurance surcharge of $4. 00/hour will be added not to exceed $12, 000 during a one year period. ** Supervision duties include review and coordination of work performed by Inspectors and secretarial 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. FOR: TAUGHER & ASSOCIATES, INC. FOR: CITY OF DUBLIN Victor L. Taugher Peter W. Snyder, Mayor Date .Date Amendment to the Agreement CITY OF DUBLIN AND TAUGHER & 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 emtered 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 agrees as follows: SECTION I. ADJUSTMENT OF RATES The Taugher & Associates, Inc. hourly rate schedule (Exhibit A) shall replace the rate schedule which was adopted by the City Council and became effective August 1, 1989 . The change in rate shall be effective August 1, 1990 and shall continue in effect until recinded or amended by the City Council, according to the provisions of the agreement. CITY'/0 DUBL mayoij Attest: Cit r Clerk TAUGHER & ASSOCIATES, INC. i Victor L Taugher 1 EXHIBIT A RATE SCHEDULE CLASSIFICATION FEE RATE PER HOUR* Building .Inspector $ 51. 00 Inspection 51. 00 Plan Checking (Residential and Non-Structural Commercial and Industrial Plan Checking) 51. 00 Principal Building Official Inspection 81. 00 Plan Checking (Complex Residential, Commercial and Industrial Buildings) 81. 00 Supervision and Administration 81. 00 This rate will be effective for the period beginning on August 1, 1990 and ending on July 31 , 1991 . 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 requiring the services of the Building Official and the City is reimbursed for said services, the 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. * An additional insurance surcharge of $4 . 00/hour not to exceed $12, 000. ** 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. 2