city of monterey for continued contract building safety services 06-03-14.pdf

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  • 8/12/2019 City of Monterey for Continued Contract Building Safety Services 06-03-14.pdf

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    To:From:Submitted by:Subject:

    CITY OF CARMEL-BY-THE-SEACouncil ReportJune 3 2014

    Honorable Mayor and Members of the City CouncilJason Stilwell, City AdministratorRob Mullane, AICP Community Planning and Building DirectorConsideration of a Resolution Authorizing the City Administrator to Adoptan Amendment to an Existing Contract with the City of Monterey forContinued Contract Building Safety Services

    Recommendation s): Adopt a Resolution {Attachment A authorizing the City Administrator toamend Attachment B an existing contract with the City of Monterey forcontinued contract Building Safety services for an additional 12 monthsduration .

    Executive Summary: In May 2013, the City Administrator entered into an agreement forcontract se rvices with th e City of Monterey to provide plan checkservices, Building Code inspections, and other Building Safety relatedservices for the Community Planning and Building Department. Theinitial term of the contract was through December 31, 2013, and wassubsequently extended for six months. While the City recently hired afull -time in-house Building Official, extension of the contract is desirableto provide back-up staff support for the Building Safety function. As suchCity staff recommend extending the contract for a 12-month period.

    Analysis/Discussion: Billings for the Building Services contract have been approximately10,000 to 12,000 a month with costs directly defrayed by Building

    Pe rmit revenues. Th e City has recently hired a full -time Building Official,who will be able to cover most of the responsi bilities that have beenprovided under this contract; however extension of the contract wouldprovide for back-up plan check and inspection se rvices, and assistancewith administrative functions of the Building Official as the new City sta ff -person gets oriented .Given the sharply reduced staffing support anticipated once the City's inhouse Building Official starts, staff recommends setting a not-to-exceedcost limit of 40,000 for the contract extension duration.

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    Alternatives:

    iscal Impact:

    The Council could opt to not amend the contract in which case it wouldexpire on June 30, 2014. This would provide fo r no back-up capacity forvacations sick-time and other leave taken by the Building Official andhave an adverse effect on the service level provided by the BuildingSafety Division. Turn-around times for Encroachment permit serviceswould be increased and progress on Building Plan Check and buildingpermit inspections would need to be periodically put on hold. If thecontract with the City of Monterey is not extended staff wouldrecommend entering into a professional services agreement with abuilding services consulting firm .The contract amendment specifies a not to exceed limit of 40,000. Thecost to the City would be defrayed by Building Permit fee revenue underthe cost-sharing terms of the existing contract.

    Budgeted yes/no): Funding Source general fund, grant, state):Yes

    Previous CouncilAction/Decision History:Reviewed byCity AdministratorAsst City Admin. DPublic Safety Dir D

    Attachments:

    General Fund

    None

    City Attorney Administrative Services DDir of CPB Dir of Public SvcsLibrary Dir Other D

    Attachment Reso lutionAttachmentB Contract mendmentAttachmentC Existing Contract

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    ATTACHMENT ACITY OF CARMEL BY THE SEA

    CITY COUNCIL

    RESOLUTION 2014

    A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL BY THE SEAAUTHORIZING THE CITY ADMINISTRATOR TO AMEND AN EXISTING

    AGREEMENT WITH THE MONTEREY AND EXTEND THE TERM OF THEAGREEMENTFOR 2MONTHS

    WHEREAS, the City of Carmel-by-the-Sea entered into an agreement with the City ofMonterey to provide contract Building Safety services on May 3 , 2013; andWHEREAS, the City of Carmel-by-the-Sea subsequently extended the agreement with

    the City of Monterey for contract Building Safety services on December 27, 2013; andWHEREAS, the funds are planned and budgeted for and will be authorized from theCommunity Planning and Building Department's budget.NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITYOF CARMEL-BY-THE-SEA does hereby:Authorize the City Administrator to amend the existing agreement with the City ofMonterey for provision ofb ck-up contract Building Safety services for a period of 2months for an amount during the extended period not to exceed 40,000, with theadditional minor changes to the contract terms noted in Amendment No. 2 and with allother terms of the existing contract remaining unchanged.ASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMELBY-THE-SEA this 3 d day of June 2014 by the following roll call vote:AYES: COUNCILMEMBERS:NOES: COUNCIL MEMBERS:ABSENT: COUNCIL MEMBERS:ABSTAIN: COUNCIL MEMBERS:

    ATTEST: SIGNED:

    Deanna Allen Jason Burnett, MAYORActing Deputy City Clerk

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    AMENDMENT NO 2TO AGREEMENT BETWEEN CARMEL-BY-THE-SEA AND

    CITY OF MONTEREY FOR BUILDING SERVICES (AGREEMENT : AG-1298)

    This amendment is the second modification to the agreement for building plan check andinspection services between the City of Carmel-by-the-Sea and the City of Monterey. Theoriginal agreement (Ag-1298) is dated May 13 2013.The amendment, made and entered into this 3rd day of June 2014, modifies the followingsections of the original agreement as follows:1 Section 3.01.1 EXTENDED TERM is amended as follows:

    Section 3.01.1 EXTENDED TERM. The term of this agreement is extended through June30, 2015, unless sooner terminated pursuant to the terms set forth in Section 8 herein.2. Section 2. PAYMENTS BY CARMEL-BY-THE-SEA is amended by appending thefollowing to the existing text of this section:

    For the extended term of July 1, 2014 to June 30 2015, the contract shall have a not toexceed limit of 40,000.3. Section 14. NOTICES is amended by noting that the City ofMonterey contact for thiscontract is Michael McCar thy, City Manager.4. Item I A. Building Official of Exhibit A: SCOPE OF SERVICES/PAYMENT PROVISIONSis amended as follows:

    An ICC certified Building Official will be available on a limited basis to provide back-upservices in the event that Carmel-by-the-Sea's Building Official is on vacation, sick, or otherapproved leaves.5. Item I.D. Staff Functions to Include of Exhibit A: SCOPE OF SERVICES/PAYMENTPROVISIONS is amended as follows:

    D. Back-up StaffFunctions to Include:All other terms and provisions of the agreement remain unchanged.

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    IN WITNESS WHEREOF Carmel-by-the-Sea and Monterey have executed this amendment toAgreement Ag-1298 as of the day and year noted above.CITY OF MONTEREY CITY OF CARMEL-BY-THE-SEABy: _______________________ By: ______________________

    City Manager City AdministratorDate: Date --------------------

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    AGREEMENT BETWEEN CARMEirBY-TBE-SEA ANDCITYOF MONTEREY FOR BUILDING SERVICESCJty ofMonterey and Carmel-by-the-Sea

    THIS AGREEMENT for building plan check-and inspection services is made and enteredi eo this 13th day of May, 20i3. by and betw I ll the City.ofMonterey (hereinafter MontereY'),a municipal corporation. as lhe service provider, and c.rmeJ by-thc..Sea, a municipal corporation(hereinafter ..Carmel by-the-Se8 .. .WHEREAS, Cannel-by-the-Sea desires to utlli 0 Monterey for r e : ~ t w { t i l ~ p H ~ i t;ht:cl :

    e . s , i l ' l ~ f , l c t i O ~ . ; , r b J i l d i d o ~ c j : apprO\Ied plans aitd aH a p p H r ~ i 4 i i t r c l a - t c . dcc:tes. '. J ~ d : n l n i s r r \ l : t i ~ t r . w IhCS(;' ~ e s andWHEREAS, Monterey is willing and qualified to r o v i d ~ such services to Carmel-bythe-Sea. upon the terms and conditiou set forth herc.lu; andWHEREAS, California Oovemrncnt Code section 54981 pro ides the City Councils ofMonterey and Canncl-by-the-&8 with 1he authority to s:ootractfor perfonnanc:cof nUJJicipalservices by the former within the territory of the latter; andWHEREAS, Monterey authorized this agrec:mc:nt on June JS. 2013, by the passage ofResolution No. 13.087; andWHEREAS, C&.nncl-by-theSca authorized tbisagrecment on May 13,2013.NOW, lliEREFORE in c:onsidcntion of he recitals and the mutualobligatiOM of theparties as herein expressed, Monterey and Cannel-by-lhe..Sca agree as f o i l ~

    I SERVICES TO BE PROVIDED. CmmeJ-by.theSea hereby eng gcs Monterey toper.furm, and Monterey hereby agrees to perform, the services described in Exhibit A inconfor.miry with the ttmls of his Asreemcnt.1.01. FINAL DECISION AUniORJTY. The Monterey Building Otlicial sbaO havefinAIdceiBion authority ovcrtberesultsof heplan checks and building inspections by CarmclbytheSca.. and all work performed by Monterey shtll be 1o tbe satisfactionofCannel-by-theSea's City Administ.mtor. In instances wtere Che petmit applicant takes exception to the ChiefBuikiing Official's intapretatiort ofthc regulations. Carmel-by-che-SeasCity Adrninistralor

    shl\11 render final t.lecisiou utilizing. QS the City Administrator deems appropriate, the resourcesof he CarmeJ-by-lhe-Sea City Attomey and/or a CanneJ-bytl1eo-Sea City-designated Board ofAppeals.

    l.02. DUTIES OFMONTEREY AND CARMBL-DY-THB-SEA. See Exhibit A.1,03 . EXTRA WORK. Monterey shall not perfom1 exira work without wrlucnauthorization from Cannel-by-the-Sea'sCity Administrator or designee. Any extra work so

    lAgreement t : A g 1 2 9 8 Page 1 of 1 3 1ee1

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    autboriz.ed shall be within the general scope ofwork set forth in tbfs Agreement, including theprovision uf elated building services.2 PA VMENTS BY CARMEL-BY-11JE-SEA. Carmel-by-the-Sea shall pay Monterey inaccordance with the payment provisions set forth In E:xhlblt A, subject to the limitations ser forthin this Agreement. Fees are 8 ~ e r a U y based on a perccnlage of he fees collected by . m e l ~ ) - the-Sea.3. TERM OF AGREEMENT.

    3 INITIAL TBRM . The term of his Agreement shall be from May tl. 2013through December 31,2013, unless 110oocr lermhtated pursullllt to the terms set forth in section 8herein.3.02. EXTENSIONS. This Agreement may beextc.adcd by consecutive one (1) year

    periods. or for shorter extension periods agreed to b)' the parties. by written nurtual agreementofboth parties CityManager and City Administrator specifying the renewal and end diltes. Atthe time o my e l ( l ~ s i o n . or at any other tlmc u r i ~ the term of he Agreement. the labor ratesschedule E:dlibltA) may be adjUS(ed by written agrecmetu between theCityMaJaFr nd CityAdministrator

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    6.0 . AU discretionaxy reviews including. but not limited lo: California EnvironmenlalQuality Act; NationaJ l V i r o a m t a ~ t u l PmtectianAtt; Ckan WaterAct; National PoJiutanlDisc:barge Elimination System Slomt Water POBI.-Construction; and Joall codes and regulations.

    6 02 Review ofproject submittal, forcompli1111ee with conditionsofapproval.6 03 lnspectlon ofp-ojects to detcnninejfoonditions ofapproval e e n mel .

    7. PAVMENTCONDJTIONS.7.0I P a y n : ~ Q l t for Monterey's services under this ~ c n t liball be made by Cannclby..tbe--Sea upon themnutMy submission lo C anncl-by-tlk.-Sea by Monterey of an invoice forsen ices rendeted by o n t c ~ e y in tbc preocdiogmonth. Payment shell be made within thirty (30)days after reed Pl ol such inW)iCC. An additional two pen:ent (2%) will be paid as a latepaymentCIDT) ing charge for each thirty days ofdelinquency lhereal\a'. Any disputed invoices shall be

    brought to Monterey's attention within ten (I 0) daY ofmoeipt or in Oices will bedeemedac:ceptablc.1 02 Cmnel-by-tbe-Sea and Monterey adrnowfedge that there may be partiallycompleted projeds al both tbe beginning and the end of cnn of his Agreement or anyextensions t h e ~ e o f . There wiU dlerefore be cases when applicant foos bave bcaa paid to Carmel-by-lbe-Sea prior to the beginningof he team of his Agreement,. but the project is completedduring the tenn of this Agreement, resulting in Monterey providing services on a project duringtbc term oftbis Agreement, but not receivirc a percentage of he fees paid to Carmei.. Jrtbe-Seafor that projec:t. There will alsO be a.ses wllen applicant fees arc paid to Carmclby-tho-Scadurine the tenn of his Agreement or aoy c.xfensions ~ f but the project is not completeddutins the tenn oftbeAgreemcnt or anyextcnsjons Lbcreof, .RlSUiti,. ia Monten:y rccclving apertlCnlagc of he fees fur that project, but aot o m p l t i ~ tlte z;ervlces on that projcel Cannelby-the-Sea and Monterey ~ g r c e that the payments to Monterey as provided in ErblbJt A shall be

    deemed fair compeosalion for the work provided by Moctercy duting lbe ferm of hiAwecment, n:gardJess ofthepertia1lyQ)JJlJ)Ietcd projectlil at tbe be&inntng and the end of heterm ofthi r AgteemCDtor 8Il) extensions dleftOf.7.0.3. Mon&.erey shall receive payment for work performed pursu Urt to Che paymentpro isions set forth in fj;J:bihlt A. regardle3s ofwhe1hcr Carmel-by-the-Sea elects to charge fee .For projects subject to waivers of fees. Carmel--byfhc-Sca shall calculate the amount of eesotllerwise due, and pay Monleley accordingly.7.04. Monterey shall not receive reimbursement for travel expenses unless set forth ln

    Exbiblf A herein .3. TERMINATION.

    8.01. During the term of his Agreement, either party may terminate the Aareement forany .reason by gJving written uodc:c of ermination lo the other party at least one hundred dghty(180) days prior to the effective date of ermination. In tbe eventofan adverse clabn orl t t i ~ t i o n invol\'ing either party end related to the services of his Asreement, this Agreement

    3Agreement 11 : Ag 2 9 8 Page 3 o 3 feet

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    .may be terminated by either party giving writlen notice at leut thirty days (30) days prior t ) rheelTective dale oftennination. Any termination noticeshliiJ set forth lhc effectivedate oftermination.

    8.02. Carmel-by-the-Sea may cancel and taminale this Agreement for good causeeffective immediately upon written notice to Monterey. 'ood eause'1 includes the .failure ofMonterey to perform the required ~ t v letS at. he timeand in the manner provided undC ' thisAgreement. IfCarmel-by-the-Sea terminates this Agreement for good cause. Cannel-by-the-Seamay be relieved or the paymentof any consideration to Mon terey. and C a n n e l b y ~ mayproooed with the work in any mannc:r which Carmd-by-th&-Sea deems proper. The cost toCann.,J-by-the-Sea shall be deducted from anyswn due Monterey Wlder chis Agreement.8 63 Monterey may cancel and terminate this Agreement for good use effectiveimmediately upon written notice to Cannel-by-th&-Sea. "Good cause" includes, but isnotlimited to. failure ofCarmel-by-the-Sea to pay Montc::rcy at the time and in the mllfUl(t provided

    undc:r this Agreement or otbtr faUure:s ofCannelby-theSea to fulfill its respomibilitics set forthin Exhibit A herein . 1'a:nunation of his Agreement pursuant to this section sha11 not beoons rUed to limit Monterey's right to obntin, by any means availftble at law, the amount a r m e l ~by-the-Sea stlll owes Momcrey.9. IMMUNITY. As mandated by the California Building Code and California ResidentialCOde, Carmcl-bytheSea'sor Monterey's Building Official, including when actlng throushemployees ordeputies, is directed to pcdorm cc::nain tasks as dcltcribed in said Codes and, whenacting in accordance with s.id Codes, is afforded certainprotections from liability.As C a r m e J ~ b y l h ~ S c a 's authorized representative. Montc:te)' shall be recognized as having rightsto any and aJJ immunities t o which Canncl-bylhe-Sctl would be entitled. Jn no event shall anyduties contained in E:dalbft A or olherwise herein, negate any legal protections or lnu11unlt.icsavailable to theparties UJtdcr state or federal law. Monterey' liability, includins. withoutlimitation, liability e f ~ o e d in Soction I 0 bercin, shall be limited to an omotm t not to exceedthe fee earned for each projec:t.10. INDEMNIFICATION.

    JO.OJ. Each party sfulll indemni(y, f e n d and bold hannlcss the other party, to theeXtent 11llowcd by law and in proportion to fault, against any and all t h i r c l ~ p r t y liability fbrclaims, demands, cosbl or ucfsments (direct. indirect, incidental or consequential) mvolvingbodily injury, pcr11onalll\Jury, death. property damage or C)dler costs and expe Ulelj (indudingreasonable sttomeys' fce:s. com and expelllles) ariaing or resulting from acls or omissions ofits own officers, age11ts, employees or representatives carried out pursuant to the obligations ofIbis g ~ m e n t .10.02. Each party will protect, defend. indemnify and hold hllnnlCS$ lbe other party

    (includiug their officials, employees and agents as the same may be constituted nowand ftomtintc to time bercaftcr) from and a a i n s ~ any and aIl Habifities, losses. damages, cx;penaes 01'costs, whatsoever (including reasonoble a tomeys' fees, costs and expenses). wruch tniiY arise4Agreement : A g ~ 1 2 9 8 Page o l of 13 eel

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    againstor be incut'ted by the oth r party as a reault ofor in connectionwith any actuaJ or allegedbreach of his g ~ e e ~ n e n t b)' ei\her party.

    10.03. 'l'hcso indemnity provisions shall survive tl1c terminalio11 or expiral'ion of hisAgrcemen1. Fw1her, each partywill be liable to the other party for attorneys' fees, costs andexpenses, and aU other eosts and eJCpenseal>Atatsoever, which are incuJTed by the otherparty inenforcing these indemnity provisions.l L INSURANCE

    11.01 Each party shall maintain in effect, at iu own cost and expense, the fOllowinginsurance coverage provided either through a bonafide program ofself-insurance,oommerciainsurance policies, or any combination thereof as fo1Jows:a. Commercial General Liebilityor Public Liability with minimum limits of

    $1 ,000,000 per occurrence and $2,000,000 in the aggregate.b. Auto Liability including owned, leased, non-owned, and hiredautomobiles, with acombined sinsle limit of not lei thau $1,000,000 petoccwrencc and SlsOOO OOO in the aggregate.c. If a party employs others in the performanceof his Agreement, that partyshall maintain Workers' Compensation in accordance with CaliforniaLabor Code section 3700 with a minlmwn of I 000,000 per occurrencefor employer's liability, for the duration of ime that such worlcers areemployed.d. ach party shall maintain in effect throughout the enn of his agreementall risk propertyinsurance. excluding earthquake and flood, on all

    permanent propertyof an insurable nature in an amount sufficie.tt to coverat least 100% of he replacement costs of said prope%1)'.I1.02 All insurance required by this Agreement shall:

    a. Beplaced (1) with companies admitted to transact insurance business Inthe State of California and with n current A.M. Best ratingof no less thanA:VJ or with caniers wjth a current A.M. Best ratiug ofno JesstllenA:VIl; or (2) disclosed s o l f i n s u r n ~ with limits acceptable to the othtrpany.

    b. Provide that each party's ittsuranee lsprimary and non-contributinginsurance to any insurance or seffinsurance maintained by the other part)'and that 1he inwrance offhe other party shall notbe called upon tocontribute to a Joss covered by a party's inSUl'aJ1(:e.

    5A greemen t : Ag 129B Page 5 o f 13 Ieel

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    J5 02 Amendment. This Agreement may be amended or modified only by aninstrument in writing signed by Cannclby-lhe-Sea and Montorey.l Waiver. Any waiver of any terms and condi ions oftbis A8feement mull be inwriting and signed by Carmel-bytlus-Sea atld Monterey . waiver of any of It

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    15.12. Non-cxeJuslve amemcnt This Agreement is non-exclusive and both Carntelby he-Sea and Monterey expreuJy resmre the right to contract with other entitles for tbe sameor similar serviCCII

    lS.I3. Construction of AQrument. Carmel-by-the-Sea and Monterey agree lhat eachparty has fulJy participated in the review and revi'ilon of this Agreement and that any role of construction to tlte effect that ambiguities are lo be resolved qainst the drafting party sbaU notapply in the interpretatiDnof this Agreement at any amendment to this Agreement.15.14. Counterparts. 1l1is Agreement may be executed in two or mo re counte.tparts, each ofwhich shall be deemed an original. but aU or whicll together shall eonatitute one and thesame Agreement.I.S.l S Asahorjty. Any individual executing tlus Agreement on behalfofCannd-by-tbeSea or o n t ~ y represents and warrants hcrt:by that he r she has the requisite authority lo enter

    into this Agreement on behalf of such party and bind the party to the tenns nd conditionsof thisAgree1nent.I S.I6. lnlm Jlion. This Agreement, including the exhibi(s and any documentsincorporated by reference, represent the entire Agreement between Carmel-by-the-Sea andMonterey with tespect co the subject matter of this Agreement and shall supersede all pl'iornegotiatians, r e ~ s e n t a t i o n s or agreements, either written or oral, between Camtel-bythe>Seaand Monterey as of the effective dale of this Agre

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    Approved as to form :Montc my Clly Allomcy

    9greement : g 1298 - Page 9 o f 13 1ee1

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    EXHIBIT ASCOPE OF SERVICES/PAYMENT PROVISIONSCARMEL-BY-THE-SEA BUILDING DEPARTMENT SERVICESI. Oty ofMooterey to Provide tile Following:

    A B ~ t i l d i l f K Ofllc lzl: An ICC certified Building 0 f:ficial will be avall4ble duri.Js aU hours of

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    inspection requests will be c:hargcrl at 129 per hour with a IWO hour .minimum /2 -hour minimum lead time).Provide the valuation for lhe proposed construction or nstruct Monterey to caloula.tethe valuation In accordance with theCUJTCilt California Building Code

    lll. MISCELLANEOUS FEES: An y investigati-ve wod< will be charged an iu Vestigative fee at the hourly rate as setbelow. This fee will be based on actual staff ime lo complete the required changes.All caloulatedhourly rates wilt be subject to a 0% administrativefcc.Note: AU hourly rates and flat dollar amounts are subject to periodic review andadjustment, upon 1he written mutual agreement ofboth cities' City Manager and CityAdministrator.

    IV. Hourly Rates:Rates for Monterey personnel shall be as follows:BUILDING OFFlClAl.:PLANS EXAMINER:BUILDING lNSPECTORS:

    Agreement : Ag 1298 - Page 1 1 of 1 3

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    RESOLUTION H0.13.087 C.S.A RESOLVTioN OF THE COUNCil OF THE CllY OF MONTEREY

    APPMOVE AGREEMENT TO PROVIDE BUILDING SERVICESTO THE CITY OF CARMEt.-BYTHESEAWHER.EAS.Ihe cifiesd Monlerey BI Cf s r m e ~ re mlricfpal corpomllons

    lhatprovide e r ~ Q ~ t s Eo:CVIcH to lhlfr t0$pedlve nll61denC , bu81neuee , and Yleilo" IncludingSuUtf111g Services of l a t ~ review and u ~ inspeoUon; anc1

    WHEREAS, lfutCity d CermeJ.by.th&-Sea r,.s reque5ted and aulllOIIzedan agn:ementfor lhe City of MOI 'leeQY tc provide bulldlllJ$ervla&& ycolirect: end

    WHEREAS, I I$atvofMonterey began providing building seMofla on May 13, 2013 Inen llflod lo mmodlatefy 8$tlat the City or a r ~ he-Sea; and

    WHEREAS, The CityorMonterey determined that fh proposed ~ is nOCa pnljecfas detmdby lhe C. lama environmental Quality Ad (CEQA}{CCR. Tctle 14, CMptar3( CEOA Guldelr. . Attide 20. Section 15378). In adc:fllon, ceQA Guidelnes Section 16061Includes the ael'lfnl rule Chat CEQA applies only to acllvJtlea wWctl hG\'0 the pcltal'llal forcaualng afgRlic8nt effect on lhe cnvlronmenl. Where an be seen wllh am.lnir that thenll8110 possibility hal the adMty In quation mav haw a significant errect on fle envhmment, theaclMiy I& not utieo to CEQA. Beceuae thepropoeed action and fhls matfer have no pofe,..lallo cause any etrect on the .nvlronmant. or because It lalla Within a category of ac:lMexcluded &6 profeols PIJI UUIfll to CEQA Guidelines sedim 15378, this matter l1 not a projacl.

    B e < a ~ a e thlt msller doee no cauee a dh

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    PASSED ANO ADOPTED BY THE COUNCIL OF THE crTY OF MONTEREY this 18111dayof June, 2013 y the following vote:AYES:ABSENT.ABSTAIN:

    AlTEST:: .

    S COUNCILMEMBERS: Oownay Haffa, Selftfclge, o l l e e ~ Della SalaCOUNCLMeMBERS: NoneCOUNCILMEMBERS: NOne0 COUNCILMEMBERS: NoneAPPROVED:

    Mayoroful Cly

    2Agreement : Ag 1298 Page 3 of 3 Lee/

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    AMENDMENT NO. 1TO AGREEMENT BETWEEN CARMEL BV Tfm.SEA AND

    CIT\ OFMONTEREY FOR BUILDING SERVICES {AGREEMENT : AG-1298)

    This amcndmcot is tho firstmodification to theaarccmmt for bu.ildins plan cbcclc md inspectione i V i W ~ ~ between the City ofCumeJ-by-the-Sea and the CityofMonterey. Tho original

    agreement (Ag-1298} .is dated May 13, 20 13.Tho amcndmonf, made and cnted into this 27tll day ofDecember 2013, modifica the followingIJCCdOOB offhc original agreement as fulJOW$1. Section 3.01.1 EXTENDED TBRM is added following Section 3.01 INITIAL TERM 4follows;

    Section 3.01. I EXTENDED TERM. The term of his agreement is extended throup Juno30, 2014, unless o ~ n c r laminated pursuant to the terms set forth tn Soctlon herein.2. Tho first SCDtcnoo of Section ll A. (Building Inspection Services) ofExhibit A to theagreement is modified to adjust the tee charged by the City ofMonfa'ey as follows:

    A fbl in the amollllt equal ~ ~ of he plan review fees colloctcd.A J other terms and provisionBotthe agreement remain UJIChan.ged.IN WI'I'NESS WHEREOF, Cannel-by-tho-Sea and Montaeyhave executed this ameudment tnAgrcc:mcnt tl Ag-12..98 as oftbeda.y and yearnoted abovo.ITY OF MONT:BRBY ITY OF CARMBL-BY-THB-SBA

    B y : _ _ . q ; n f ~ _ - -CityMana8Cf City Adminiatnltorn .. . lf).( >O/d-IJ I o >

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