1996-121-Enter Into Agreement Between The Town Of Los Gatos And The City Of Monte Sereno For Building Inspection And Plan Check ServicesRESOLUTION 1996 - 121
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER
TO ENTER INTO AN AGREEMENT
BETWEEN THE TOWN OF LOS GATOS AND
THE CITY OF MONTE SERENO
FOR BUILDING INSPECTION AND
PLAN CHECK SERVICES
WHEREAS, it is in the mutual best interest of the Town of Los Gatos and the City of Monte
Sereno to work cooperately, and
WHEREAS, the Town has a resource needed by the City of Monte Sereno for on -call
building inspection and plan check services, and
RESOLVED, that the Town Council does hereby authorize the Manager to execute an
agreement between the Town of Los Gatos and the City of Monte Sereno (Exhibit A) providing
contract building inspection and plan check services for the City of Monte Sereno.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 7th day of October, 1996, by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAY OF THE TO OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERIC OF THE TOWN OF LO ATOS
LOS GATOS, CALIFORNIA
AGREEMENT FOR BL_,DING INSPECTION AND PLAN C..ECK SERVICES
BETWEEN THE TOWN OF LOS GATOS AND THE CITY OF MONTE SERENO
THIS AGREEMENT is entered into this day of , 1996, by and
between the Town of Los Gatos, State of California, herein called the "Town ", and the City of
Monte Sereno, State of California, herein called the "City ", to provide for provisions of Building
Inspections and Plan Checking services on an as- needed basis.
RECITALS
A. The city desires to have the ability to call on the Town to provide Building Inspections and
Plan Checking services if and when the volume Building permit activity or the absence of
City staff necessitate additional support.
1,,,N CLERK
B. The Town is willing to provide those services on an as- needed basis. AGR: �& 1y�e
IhH:
AGREEMENTS RE 1996 _/
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: BID:
1. Scope of Services. The Town shall provide the following services:
a) Building Inspection Duties
1. Receive and schedule daily inspection requests.
2. Perform field inspections on work in progress to confirm compliance with
City of Monte Sereno ordinances, Uniform Building, Mechanical, Plumbing
and National Electrical Code requirements.
3. Maintain written records of daily inspection results.
4. Answer technical code questions during office hours as available.
b) Plan Checking Duties
1. Receive applications for building permits, determine valuations and
calculate plan check fees.
2. Examine plans and calculations for compliance with local and State code
requirements. Communicate plan check corrections to applicants on a timely
basis.
3. Prepare approved plans and calculations for permit issuance. Calculate fees.
4. Answer technical code and plan check related questions as available during
scheduled phone and counter hours.
Page 1 of 4
AGREEMENT FOR BL__DING INSPECTION AND PLAN C—ECK SERVICES
BETWEEN THE TOWN OF LOS GATOS AND THE CITY OF MONTE SERENO
THIS AGREEMENT is entered into this day of 1996, by and
between the Town of Los Gatos, State of California, herein called the "Town ", and the City of
Monte Sereno, State of California, herein called the "City ", to provide for provisions of Building
Inspections and Plan Checking services on an as- needed basis.
RECITALS
A. The city desires to have the ability to call on the Town to provide Building Inspections and
Plan Checking services if and when the volume Building permit activity or the absence of
City staff necessitate additional support.
B. The Town is willing to provide those services on an as- needed basis.
AGREEMENTS
NOW, THEREFORE, TIM PARTIES HERETO AGREE AS FOLLOWS:
I. Scone of Services. The Town shall provide the following services:
a) Building Inspection Duties
1. Receive and schedule daily inspection requests.
2. Perform field inspections on work in progress to confirm compliance with
City of Monte Sereno ordinances, Uniform Building, Mechanical, Plumbing
and National Electrical Code requirements.
3. Maintain written records of daily inspection results.
4. Answer technical code questions during office hours as available.
b) Plan Checking Duties
1. Receive applications for building permits, determine valuations and
calculate plan check fees.
1 Examine plans and calculations for compliance with local and State code
requirements. Communicate plan check corrections to applicants on a timely
basis.
3. Prepare approved plans and calculations for permit issuance. Calculate fees.
4. Answer technical code and plan check related questions as available during
scheduled phone and counter hours.
Pagel of 4
2. Time of Performance The availability of the services of the Town are to commence upon
the execution of this Agreement.
3. Term. The term of this Agreement shall commence September 17, 1996, and shall terminate
on July 1. 1997, unless terminated earlier as provided herein. The Agreement will
automatically renew September 17 1997, for one fiscal year, and each year thereafter for
the following 12 -month period if no termination actions are taken by one of the parties.
4. Information/Report Handling. All documents furnished to Town by the City and all reports
and supportive data prepared by the Town under this Agreement are the City's property and
shall be delivered to the City as requested.
5. Compensation. Compensation for Town's professional services shall be paid at the rates
stated in Exhibit A hereto. Town rate may change with 30 day advance notice. City shall pay
the Town for the services on a monthly basis, and Town shall submit its statement of
services no later than the 5th day of month for payment no later than the 5th day of the
following month. Billing shall be accompanied by a detailed explanation of the work
performed by whom, at what rate, and on what date.
6. Availability of Records Town shall maintain the records supporting this billing for not less
than three (3) years following completion of the work under this Agreement. Town shall
make these records available to authorized personnel of the Town at the Town's offices
during business hours upon written requests of the Town. In the alternative or in addition,
the Town may deposit these records with the City.
7. Service Manager. The Service Manager for the Town for the work under this Agreement
shall be the Director of Building and Engineering_ Services
8. Assignability and Subcontracting. The services to be performed under this Agreement are
unique and personal to the Town. No portion of these services shall be assigned or
subcontracted without the written consent of the City.
9. Notices. Any notice required to be given shall be deemed to be duly and properly given
if mailed postage prepaid, and addressed to:
To Town: David W. Knapp, Town Manager
110 E. Main Street
Los Gatos, CA 95032
To City: Gay F. Strand, City Manager
18041 Saratoga -Los Gatos Road
Monte Sereno, CA 95030
or personally delivered to either party to these addressed or such other address as party
designates in writing.
Page 2 of 4
10. Independent Contractor. -is understood that the Town, in the per, -, mance of the work and
services agreed to be performed, shall act as and be an independent contractor and not an
agent or employee of the City. As an independent contractor he /she shall not obtain any
rights to retirement benefits or other benefits which accrue to City employee(s).
Town agrees to testify in any litigation brought regarding the subject of the work to be
performed under this Agreement. Town shall be compensated for its costs and expenses in
preparing for, traveling to, and testifying in such matters at its then current hourly rates of
compensation, including benefits, unless such litigation is brought by Town or is based on
allegations of Town's negligent performance or wrongdoing.
11. Indemnification. The Town shall save, keep and hold harmless indemnify and defend the
City, its officers, agent, employees and volunteers from all damages, liabilities, penalties,
costs, or expenses in law or equity that may at any time arise or be set up because of
damages to property or personal injury received by reason of, or in the course of performing
work which may be occasioned by a willful or negligent act or omission of the Town, or any
of the Town's officers or employees.
The City shall save, keep and hold harmless indemnify and defend the Town, its officers,
agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses
in law or equity that may at any time arise or be set up because of damages to property or
personal injury received by reason of, or in the course of performing work which may be
occasioned by a willful or negligent act or omissions of the City, or any of the City's officers
or employees.
12. Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
does waiver of a breach or default under this Agreement constitute a continuing waiver of
a subsequent breach of the same or any other provision of this Agreement.
11 Governing Law. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior or Municipal Court of either the County of Santa Clara
or the County of San Mateo.
14. Termination of Agreement. The Town and the City shall have the right to terminate this
agreement with or without cause by giving not less than fifteen (15) days written notice of
termination. In the event of termination, the Town shall deliver to the City all plans, files,
documents, reports, performed to date by the Town. In the event of such termination, City
shall pay Town for the actual work performed to date of termination.
15. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement
is effective unless made in writing and signed by the Town and the City.
16. Not A Joint Powers Agreement. Nothing in this Agreement or the context in the way it is
entered into or conducted is intended to nor shall it be construed as creating a Joint Powers
Agreement.
Page 3 of 4
17. Entire Agreement. This , �reement constituted the complete and . _ iusive statement of the
Agreement between the Town and City. No terms, conditions, understandings or agreements
purporting to modify or vary this agreement, unless hereafter made in writing and signed by
the party to be bound, shall be binding on either party.
IN WITNESS WHEREOF, the Town and the City have executed this Agreement as of the
date stated on page on (1).
TOWN OF LOS GATOS
David W. Knapp, Town Manager
Town of Los Gatos
ATTEST:
Clerk of the Town of Los Gatos
Los Gatos, California
Marian V. Cosgrove, Town Clerk
Approved as to Form.
j
� E. derson/ , Town Attorney
N:B &EVMII,LIEVAGR.MS
CITY OF MONTE SERENO
nd
Gay F. trand, City Manager
City of Monte Sereno
ATTEST:
Clerk of the City of Monte Sereno
Monte Sereno, California
Andrea Chelemengos, City Clerk
Ro rt 4A, City Attorney
Page 4 of 4
BUILDING INSPECTOR
$36.00/Hour
$.29/Mile
PLAN CHECKER
60% of Building Permit Fee
EXHIBIT A
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