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CITY COUNCIL AGENDA ITEM NO. 12



Meeting Date: October 10, 2006

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or her designee to execute a Ratification of Memorandum of Understanding by and between the City of Brentwood and Bureau Varitas North America, Inc., formerly Linhart Peterson Powers Associates (LP2a), consultant for building inspection services.

Prepared by: Louis R. Kidwell, Chief Building Official

Submitted by: Howard Sword, Community Development Director


RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or her designee to execute a Ratification of Memorandum of Understanding and Amendment No. 1 thereto by and between the City of Brentwood and Bureau Varitas North America, Inc., formerly Linhart Peterson Powers Associates (LP2a), consultant for building inspection services.

PREVIOUS ACTION
On June 10, 2003, the City Council passed Resolution No. 2893, adopting the 2003/04-2004/05 Operating Budget for the City of Brentwood.

On June 14, 2005, the City Council passed Resolution No. 2005-143 adopting the 2005/06-2006/07 Operating Budget for the City of Brentwood.

BACKGROUND
The Building Division of the Community Development Department from time to time found it necessary to engage the services of a consultant building inspection firm. As development accelerated in the late 1990s and early 2000s the ability to keep up with the demand for inspections was augmented by hiring consultant inspectors. The advantage of using the consultant inspector is that with little advance notice the firms could provide an inspector or multiple inspectors to meet the City’s needs. Because of the rapid fluctuations in the work load often times the need to hire additional inspectors was not identified until the need was eminent. To hire a regular employee takes a minimum of two months, and often longer. The other advantage is that with short notice the services of the consultant inspector can be canceled. To hire even a term inspector we must make a commitment for a minimum of one year to get competent inspectors.

During one of our accelerated growth periods in 2001, with the approval of the then City Manager, staff signed a Memorandum of Understanding to pay $65.00 per hour to LP2a for a consultant building inspector. After securing the consultant inspector option, an inspector was contracted in 2001. In 2004 staff contacted LP2a to, again, secure a consultant inspector and was presented with an experience level option. The option was, at $65.00 they would provide a code certified inspector with less than journeyman experience, or for $75.00 per hour they would provide a certified journeyman inspector with decades of experience. With the level of service we provide, and the level of expertise we demand, we opted for the journeyman at $75.00 per hour.

The purpose of this ratification is to bring the process into conformance with the City’s current purchasing policy and to provide the contractual ability to honor staffs commitments to a valued consultant. The consultant services, provided by this agreement, started in January, 2004 and concluded in June, 2006.

FISCAL IMPACT
Funding for these services is directly offset by fees collected for the service and has been budgeted in the annual Building Division Budget for each year.

Attachment:
Resolution
Ratification Agreement


RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO EXECUTE A RATIFICATION OF MEMORANDUM OF UNDERSTANDING AND AMENDMENT NO. 1 THERETO BY AND BETWEEN THE CITY OF BRENTWOOD AND BUREAU VARITAS NORTH AMERICA, INC., FORMERLY LINHART PETERSON POWERS ASSOCIATES (LP2A).

WHEREAS, the City of Brentwood is required to review all building documents for compliance with all State and local building codes; and

WHEREAS, between January, 2004 and June, 2006, because of the complexity of the building to review, it became necessary to contract the services of professionals with specialized skills; and

WHEREAS, the City of Brentwood wishes to bring the contract with Bureau Varitas North America, Inc., into conformance with the City’s current purchasing policy and provide the contractual ability to honor staffs commitments to a valued consultant.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby authorizes the City Manager or her designee to execute a Ratification of Memorandum of Understanding and Amendment No. 1 thereto by and between the City of Brentwood and Bureau Varitas North America, Inc., formerly Linhart Peterson Powers Associates (LP2a).

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at an adjourned regular meeting held on October 10, 2006 by the following vote:























RATIFICATION OF MEMORANDUM OF UNDERSTANDING
AND AMENDMENT NO. 1 THERETO
(Bureau Veritas North America, Inc.,
formerly known as Linhart Petersen Powers Associates)

This Ratification is entered into on the ___ day of _______________, 2006, but effective as of July 25, 2001, ratifying the Memorandum of Understanding dated July 25, 2001 (the “Agreement”), Amendment No. 1 thereto, by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Bureau Veritas North America, Inc., formerly Linhart Petersen Powers Associates, (“Consultant") (collectively, the “Parties”) for building inspection services.


RECITALS


A. Prior to January 1, 2004, Building Inspectors I and II provided by Consultant were compensated at the rate of $65.00 per hour.

B. On January 1, 2004, the Parties orally agreed to amend the Agreement to increase the compensation for building inspection services performed by the Consultant by ten (10) dollars per hour (“Amendment No. 1”).

C. The Parties desire to formally amend the scope of work of the Agreement to increase the compensation for Building Inspector II services performed by the Consultant.

D. The Parties have negotiated and agreed to a fee schedule which is provided below.

E. The Parties desire to ratify the Agreement and Amendment No. 1, as well as any amended scope of work already performed by the Consultant without the benefit of Amendment No. 1.

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Consultant agree as follows:

1. The Agreement and the Amendment No. 1 are hereby ratified.

2. City will pay Consultant for all work associated with those services described in the Agreement on a time and materials basis as follows:

a. For invoices submitted to the City, Building Inspector II Services shall be compensated at the rate of $75.00 per hour, beginning January 1, 2004 through June 31, 2006. This dollar amount shall not exceed $300,000.00.

3. All other provisions of the Agreement will remain in full force and effect.

4. Consultant shall indemnify and insure City for all work undertaken pursuant to the Agreement and Amendment No. 1.






5. The individual executing this Amendment and the instruments referenced in it on behalf of Consultant represents and warrants that he has the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment.




CONSULTANT:

Bureau Veritas North America, Inc., formerly known as Linhart Petersen Powers Assoc.:


By:

Printed Name:

Title:

Date:
CITY:

City of Brentwood:


By:
Donna Landeros, City Manager

Date:

ATTEST:

By:
Margaret Wimberly, City Clerk

APPROVED AS TO FORM:


By:
Damien B. Brower, City Attorney

 

City Administration
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