HomeMy WebLinkAboutCity Council Agenda Item No. 15
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REPORT TO CITY COUNCiI.
T0: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCiI.
FROM: PAT KiLROY
INTERIM CITY MANAGER
DATE: APRIL 10, 2412
SUBJECT: BUILDING DIVISION PROFESSIONAL SERVICES AGREEMENT
Background
In the past, the City of Lake Elsinore has utilized contract personnel to assist in the
Building Division with building inspection services when it was warranted due to a high
volume of inspections, and to cover employee vacations. Currently, the Building Division
staff includes one building inspector and one building technician. The contract building
inspector will provide building inspection and counter coverage services on an as
needed basis.
Discussion
As a result of the retirement of Robin Chipman, Building Division Manager, staff has
recommended that Bill Kelvin, Senior Building Inspector, assume the tale as acting
Building Official. As a result of Bill Kelvin's expanded duties and the retirement of Robin
Chipman X40 man hours), staff is recommending that the City obtain the contract
services of Dave Ferguson to help with building inspections and counter coverage. Dave Ferguson previously worked for the City as a building inspector from August 2005
to August 2010 and is well qualified to conduct the contract duties with little supervision.
It is anticipated that Dave Ferguson services will be needed up to five days a week.
The current rate for Dave Ferguson's services is $45 per hour. The contract, if
approved, would extend through fiscal year 2Q11-2012, and would be open for renewal
in June 2012. The City's goal is to monitor staff within the Building Division over the next
few months and revisit the issue and make any additional needed recommendations to
the City Council for the new 2012-2013 fiscal year.
Fiscal Imp
The funding for this position will be taken from the amount x$30,000} requested in the
mid-year budget for the contract Building Official position.
AGENDA ITEM NO.1 ~
Page 1 of 4
Professional Building Division Service Contract
April 10, 2012
Page 2
Recommendation
It is recommended that the City Council authorize the City Manager to enter into the
attached professional services contract With Dave Ferguson for a term ending on June
3g, 2012, subject to minor modifications as may be approved by the City Attorney.
Prepared by: Warren Morelion, AICP
Acting Community Development Director
Approved by: Pat Kilroy
Interim City Manager
Attachments
1. Draft Professional Services Contract
Page 2 of 4
CONTRACT DATE OF JIUI~E 22, Z~10
CfJNSULTANT SERVICES CONTRACT
THIS AGREEMENT made and entered into on April S, 2012 by the City of Lake Elsinore, a municipal
corporation, party of the first part, hereinafter referred to as CITY, and
CONTRACTOR Dave Ferguson FOR USE BY CITY MANAGER' S OFFICE ONLY
S.S/E.LN. N0. Vendor # Amount
Acct. MAILING ADDRESS Purchase Order Obj. Code
CITY, STATE, ZIP City Division
ACCT. To Be ~~.gd.
PHONE NUMBER: Document P~eparer Date Ext. or~~'e~ephone #
Party of the second part, hereinafter referred to as CONTRACTOR. , '
CONTRACT PERIOD: From A ril 5 2012 to June 30 20122
WITNESSETH: i, .
h~✓r . That in consideration of the covenants and agreements herein expressed'~;,of'the faithful performance by CONTRACTOR
of all covenants and agreements, the CITY agrees to pay CONTRACTOR the follc~'w'g amount which includes travel and all other
related expenses; , , : ,
See Below , ~ 45.00 er hour )
Task Statement: (Please describe the responsibilities ofthe Gon~ract~~ ~~e or two sentences attach a Scope of Services
description as Exhibit "A".) 9.
Contract buildin ins ection and counter covers a services H ~rs are rd~de~'~ a~ n ss ~~ta ca out ro'ect loads contin ent
u on a royal of the Ci Mana er or~~trector~~of Communi Devel~~~~~ment. Pa enl~~~~~rocessin will be in u on resentation of
tirnesheet format rovided and. ~a ~ roved b the and invoice f'services rendered.
» ~;%i, '
TERMS AND CO.N~3ITIONS : ; ''u'i,'~~ji
i d J / / f ~ i.
1. INDEPENDENT CQ1~T~~TOR - It is ur~de~god that CON.ACT(~K,! iii zhe performance of the work and services agreed to be performed, shall act as and bean indepen~t c:~~~t~r~ shall not act ash an agent ar employee bf'~XT~'. CONTRACTOR shall obtain no rights to retirement benefits or other benefits
✓ ~ r~ which accrue ta'CITY's eni>~1~by~s,a~~. CONTRA~'~~;t~ hereby expressly waives any claim it may have to any such rights.,. , , t , i
/ ~ i- 2, HOLD HARMLESS - CONTRACTOR. s1~Jl be responszble~~~r hold the CITY harmless from ail damage to property, injury to persons, and loss, expense,
inGOrivenie~~e, and delay that may be eau~e~. ~y or result frpm:~ny act, omission, ar neglect of CONTRACTOR.
r✓ 3. NON-ASSIGN,M~~T - It is understood and deed that t►I~TRACTOR shall not assign, sublet, or transfer any interest in this agreement without written
consent of Cl"I~:,' F , ~ 1~;~!
ij'> 4. CERTIFICATION Off' ~NI<PLOYMENT S~';~TUS - By signing this agreement, CONTRACTOR certifies that he/she is not an employee of the City of Lake
Elsinore. ~
, 5. APPLICABLE LAW - This agre~m~nt shall be governed by and construed in accordance with the laws of the State of California.
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6. AUDIT CLAUSE - In accepting this agreement with the City of Lake Elsinore, CONTRACTOR agrees that books, records, documents, accounting procedures,
radices, or an other items of tie service rovider relevant to the a ement are sub'ect to examination b the Ci of Lake Elsinore. p y p ~ J Y ty
7. TERMINATION -This agreement may be terminated by CITY immediately for cause or by either party without cause upon thirty (3D) days' written notice of
termination. Upon termination, CONTRACTOR shall be entitled to compensation for services performed up to the effective date of termination.
DOCUMENTS -All plans, studies, documents and other writings prepared by and for CONTRACTOR in the course of implementing this agreement, except
working notepad internal documents, shall become the property of CITY upon payment to CONTRACTOR for such work, and CITY shall have the sole right to use such materials in its discretion without further compensation to CONTRACTOR or to any other party.
(Signatures follow on next page) Page 3 of 4
CONTRACT DATE OF JUNE 22, 201U
RETURN T0; CITY OF LAKE ELSINORE
130 S. MAIN STREET
LAKE ELSINORE, CA 92530
ATTN; ACTING DIRECTOR OF COMMUNITY DEVELOPMENT
IN WITNESS VV~IEREOF, the parties hereto have
hereunto set their hand to this contract this day
of , 20
CITY OF LAKE ELSINORE CONTRACTOR
City Manager (Cont~a~~or M~s~:ig~;e,„Here)
NON-DISCRII~Ii,NA~'`1dN CLAUSE
The City of Lake Elsinore, in compliance~w~tll~Title VI end ~~~tle VII of the Civil I~gl~ s Act of 19b4, Tine IX of the Education Amendments of 1972, Section 504 of
~r.,~ the Rehabilitation Act of 1973, Sectlat~ ~~2 of the Ready ustnt Assistance Aet of l Americans With Disabilities Act and other Federal laws and regulations and
California law and regulations, do~~'nat ~is~~iminate on th~~~asis of race, color, ethnici~y~ national origin, sex, age, religion, disability, political affiliation, or status as
a veteran in any of its policies, practices, `t~z ~zt?~edures. This includes but is not limited ~ ~~loyment and the provision of municipal services. , ,
,
.
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