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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 Portal to Portal