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To:
From:
Submitted by:
Subject:
CITY OF CARMEL-BY-THE-SEA
Council Report
June 3, 2014
Honorable Mayor and Members of the City Council
Jason Stilwell, City Administrator
Rob Mullane, AICP, Community Planning and Building Director
Consideration of a Resolution Authorizing the City Administrator to Adopt
an Amendment to an Existing Contract with the City of Monterey for
Continued Contract Building Safety Services
Recommendation(s): Adopt a Resolution {Attachment A) authorizing the City Administrator to
amend (Attachment B) an existing contract with the City of Monterey for
continued contract Building Safety services for an additional 12 months
duration.
Executive Summary: In May 2013, the City Administrator entered into an agreement for
contract services with the City of Monterey to provide plan check
services, Building Code inspections, and other Building Safety related
services for the Community Planning and Building Department. The
initial term of the contract was through December 31, 2013, and was
subsequently extended for six months. While the City recently hired a
full -time, in-house Building Official, extension of the contract is desirable
to provide back-up staff support for the Building Safety function. As such
City staff recommend extending the contract for a 12-month period.
Analysis/Discussion: Billings for the Building Services contract have been approximately
$10,000 to $12,000 a month with costs directly defrayed by Building
Permit revenues. The City has recently hired a full -time Building Official,
who will be able to cover most of the responsi bilities that have been
provided under this contract; however, extension of the contract would
provide for back-up plan check and inspection services, and assistance
with administrative functions of the Building Official as the new City staff-
person gets oriented.
Given the sharply reduced staffing support anticipated once the City's in-
house Building Official starts, staff recommends setting a not-to-exceed
cost limit of $40,000 for the contract extension duration.
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Alternatives:
Fiscal Impact:
The Council could opt to not amend the contract, in which case it would
expire on June 30, 2014. This would provide for no back-up capacity for
vacations, sick-time, and other leave taken by the Building Official and
have an adverse effect on the service level provided by the Building
Safety Division. Turn-around times for Encroachment permit services
would be increased, and progress on Building Plan Check and building
permit inspections would need to be periodically put on hold. If the
contract with the City of Monterey is not extended, staff would
recommend entering into a professional services agreement with a
building services consulting firm.
The contract amendment specifies a not to exceed, limit of $40,000. The
cost to the City would be defrayed by Building Permit fee revenue, under
the cost-sharing terms of the existing contract.
Budgeted (yes/no): Funding Source( general fund, grant, state):
Yes
Previous Council
Action/Decision History:
Reviewed by:
City Administrator

Asst. City Admin. D
Public Safety Dir D
Attachments:
General Fund
None
City Attorney Administrative Services D
Dir of CPB Dir of Public Svcs D
Library Dir Other D
Attachment A- Resolution
Attachment B- Contract Amendment
Attachment C- Existing Contract
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ATTACHMENT A
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2014-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AUTHORIZING THE CITY ADMINISTRATOR TO AMEND AN EXISTING
AGREEMENT WITH THE MONTEREY AND EXTEND THE TERM OF THE
AGREEMENTFOR12MONTHS
WHEREAS, the City of Carmel-by-the-Sea entered into an agreement with the City of
Monterey to provide contract Building Safety services on May 13, 2013; and
WHEREAS, 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; and
WHEREAS, the funds are planned and budgeted for and will be authorized from the
Community Planning and Building Department's budget.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF CARMEL-BY-THE-SEA does hereby:
Authorize the City Administrator to amend the existing agreement with the City of
Monterey for provision ofback-up contract Building Safety services for a period of 12
months for an amount during the extended period not to exceed $40,000, with the
additional minor changes to the contract terms noted in Amendment No. 2 and with all
other terms of the existing contract remaining unchanged.
ASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-
BY-THE-SEA this 3 rd 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, MAYOR
Acting Deputy City Clerk
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AMENDMENT NO.2
TO 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 and
inspection services between the City of Carmel-by-the-Sea and the City of Monterey. The
original agreement (Ag-1298) is dated May 13,2013.
The amendment, made and entered into this 3rd day of June 2014, modifies the following
sections 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 June
30, 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 the
following 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 to
exceed limit of $40,000.
3. Section 14. NOTICES is amended by noting that the City ofMonterey contact for this
contract is Michael McCarthy, City Manager.
4. Item I. A. Building Official of Exhibit A: SCOPE OF SERVICES/PAYMENT PROVISIONS
is amended as follows:
An ICC certified Building Official will be available on a limited basis to provide back-up
services in the event that Carmel-by-the-Sea's Building Official is on vacation, sick, or other
approved leaves.
5. Item I.D. Staff Functions to Include of Exhibit A: SCOPE OF SERVICES/PAYMENT
PROVISIONS is amended as follows:
D. Back-up Staff Functions 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 to
Agreement# Ag-1298 as of the day and year noted above.
CITY OF MONTEREY CITY OF CARMEL-BY-THE-SEA
By: ______________________ _ By: ____________________ __
City Manager City Administrator
Date: Date:
---------------------- --------------------
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AGREEMENT BETWEEN CARMEirBY-TBE-SEA AND
CITY OF MONTEREY FOR BUILDING SERVICES
CJty of Monterey and Carmel-by-the-Sea
THIS AGREEMENT for building plan check-and inspection services is made and entered
iDeo this 13th day of May, 20i 3. by and betwCICll the City. of Monterey (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 t;ht:cl.:
... <A: apprO\Ied plans aitd aH
c:c:tes. l'.IIJ w IhCS(;' and
WHEREAS, Monterey is willing and qualified to such services to Carmel-by-
the-Sea. upon the terms and conditiou set forth herc.lu; and
WHEREAS, California Oovemrncnt Code section 54981 pro"ides the City Councils of
Monterey and Canncl-by-the-&8 with 1he authority to s:ootract for perfonnanc:c of tnUJJicipal
services by the former within the territory of the latter; and
WHEREAS, Monterey authorized this agrec:mc:nt on June JS. 2013, by the passage of
Resolution No. 13.087; and
WHEREAS, C&.nncl-by-theSca authorized tbisagrecment on May 13,2013.
NOW, lliEREFORE. in c:onsidcntion of the recitals and the mutual obligatiOM of the
parties as herein expressed, Monterey and Cannel-by-lhe..Sca agree as
I. SERVICES TO BE PROVIDED. CmmeJ-by.theSea hereby eng&gcs Monterey to
per.furm, and Monterey hereby agrees to perform, the services described in Exhibit A in
confor.miry with the ttmls of this Asreemcnt.
1.01. FINAL DECISION AUniORJTY. The Monterey Building Otlicial sbaO have
finAIdceiBion authority ovcrtbe results of the plan checks and building inspections by Carmcl-
bytheSca.. and all work performed by Monterey shtll be 1o tbe satisfaction of Cannel-by-the
Sea's City Administ.mtor. In instances wtere Che petmit applicant takes exception to the Chief
Buikiing Official's intapretatiort ofthc regulations. Carmel-by-che-Seas City Adrninistralor
.shl\11 render a final t.lecisiou utilizing. QS the City Administrator deems appropriate, the resources
of the CarmeJ-by-lhe-Sea City Attomey and/or a CanneJ-bytl1eo-Sea City-designated Board of
Appeals.
l.02. DUTIES OF MONTEREY AND CARMBL-DY-THB-SEA. See Exhibit A.
1,03. EXTRA WORK. Monterey shall not perfom1 exira work without wrlucn
authorization from Cannel-by-the-Sea's City Administrator or designee. Any extra work so
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autboriz.ed shall be within the general scope of work set forth in tbfs Agreement, including the
provision uf related building services.
2. PA VMENTS BY CARMEL-BY-11JE-SEA. Carmel-by-the-Sea shall pay Monterey in
accordance with the payment provisions set forth In E:xhlblt A, subject to the limitations ser forth
in this Agreement. Fees are based on a perccnlage of the fees collected by
- the-Sea.
3. TERM OF AGREEMENT.
3.01 . INITIAL TBRM. The term of this Agreement shall be from May tl. 2013
through December 31,2013, unless 110oocr lermhtated pursullllt to the terms set forth in section 8
herein.
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 agreement
of both parties' City Manager and City Administrator specifying the renewal and end diltes. At
the time of my or at any other tlmc the term of the Agreement. the labor rates
schedule (E:dliblt A) may be adjUS(ed by written agrecmetu between the City MaJaFr and City
Administrator <tf each party. Should either party decide nol to the Agreement beyond the
initial tenn, notice of such decision shall be provided to the o(her party no later than 1 montb
bef(lre date of the Agreement.
4. ADDITIONAL PROVISJONSIItXHIBlTS. The foB owing attached exhibits 110
incorporated herein by reference and COP1it5Me a put of this Agreement:
Exhibit A Scope of Stnica/Payment ProvisJoJu
S. PE.RJl'ORMANCE STANDARDS.
S.Ol. MctnlereY. its ag6Dis, employees and subamtract<n shall perfurm all work in a
safe and slciJU\IJ manner and in compliance with all apJ)Jic:able laws and regulations. All wodc
perlOnned under this Agreernent that is required by law 1o be performed or supervised by
Jic:enscd personnel be performod in accordance wilb such liccn&inC requirements.
5.02. Monterey all furnish aU materials, equipment. and personnel neccasary to carry
out the spocific .acrvicet set forth in Exlllbit A herein, except as otlterwise specified in this
Agreement.
S.03. Monterey shall perfmn aU services set forda in Exbiblt A in a timely manner
consistent wifh lho time Monterey would perfortn similar services wichin its o\Vnjurl!ldiction
wbcneverpassibfe; however, Monterey shall not be liable for any delays iu perfonnina Carmel-
hy theSea's work if such delays are caused by scheduling COQflicts.
6. EXCLUSIONS.
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6.0 I. AU discretionaxy reviews including. but not limited lo: California Environmenlal
Quality Act; NationaJ Pmtectian Att; Ckan Water Act; National PoJiutanl
Disc:barge Elimination System Slomt Water POBI.-Construction; and Joall codes and regulations.
6.02. Review of project submittal, forcompli1111ee with conditions of approval.
6.03. lnspectlon ofp-ojects to detcnninejf oonditions ofapproval mel.
7. PAVMENTCONDJTIONS.
7. 0 I . for Monterey's services under this lib all be made by Canncl-
by..tbe--Sea upon the mnutMy submission lo C!anncl-by-tlk.-Sea by Monterey of an invoice for
sen'ices rendeted by in tbc preocdiog month. 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 late payment
CIDT)'ing charge for each thirty days of delinquency lhereal\a'. Any disputed invoices shall be
brought to Monterey's attention within ten (I 0) daY$ of moeipt or in YO ices will be deemed
ac:ceptablc.
1.02. Cmnel-by-tbe-Sea and Monterey adrnowfedge that there may be partially
completed projeds al both tbe beginning and the end of tcnn of this Agreement or any
extensions There wiU dlerefore be cases when applicant foos bave bcaa paid to Carmel-
by-lbe-Sea prior to the beginning of the team of this Agreement,. but the project is completed
during the tenn of this Agreement, resulting in Monterey providing services on a project during
tbc term oftbis Agreement, but not receivirc a percentage of the fees paid to Carmei..!Jrtbe-Sea
for that projec:t. There will alsO be a.ses wllen applicant fees arc paid to Carmclby-tho-Sca
durine the tenn of this Agreement or aoy c.xfensions but the project is not completed
dutins the tenn oftbeAgreemcnt or any extcnsjons Lbcreof, .RlSUiti,. ia Monten:y rccclving a
pertlCnlagc of the fees fur that project, but aot tlte z;ervlces on that projcel Cannel-
by-the-Sea and Monterey 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 &hi
Awecment, n:gardJess ofthepertia1lyQ)JJlJ)Ietcd projectlil at tbe be&inntng and the end of the
term ofthi r AgteemCDt or 8Il)' extensions dleftOf.
7.0.3. Mon&.erey shall receive payment for work performed pursu!Urt to Che payment
pro"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 fees
otllerwise 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 this Agreement, either party may terminate the Aareement for
any .reason by gJving written uodc:c of termination lo the other party at least one hundred dghty
(180) days prior to the effective date of termination. In tbe event of an adverse clabn or
invol\'ing either party end related to the services of this Asreement, this Agreement
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.may be terminated by either party giving writlen notice at leut thirty days (30) days prior t() rhe
elTective dale oftennination. Any termination notice shliiJ set forth lhc effective date of
termination.
8.02. Carmel-by-the-Sea may cancel and taminale this Agreement for good cause
effective immediately upon written notice to Monterey. "'ood eause'
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includes the .failure of
Monterey to perform the required letS at. the time and in the manner provided undC!' this
Agreement. If Carmel-by-the-Sea terminates this Agreement for good cause. Cannel-by-the-Sea
may be relieved or the payment of any consideration to Monterey. and may
proooed with the work in any mannc:r which Carmd-by-th&-Sea deems proper. The cost to
Cann.,J-by-the-Sea shall be deducted from any swn due Monterey Wlder chis Agreement.
8.63. Monterey may cancel and terminate this Agreement for good use effective
immediately upon written notice to Cannel-by-th&-Sea. "Good cause" includes, but is not
limited to. failure of Carmel-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 forth
in Exhibit A herein. 1'a:nunation of this Agreement pursuant to this section sha11 not be
oons!rUed to limit Monterey's right to obntin, by any means availftble at law, the amount
by-the-Sea stlll owes Momcrey.
9. IMMUNITY. As mandated by the California Building Code and California Residential
COde, Carmcl-bytheSea's or Monterey's Building Official, including when actlng throush
employees or deputies, is directed to pcdorm cc::nain tasks as dcltcribed in said Codes and, when
acting in accordance with s.id Codes, is afforded certain protections from liability.
As 's authorized representative. Montc:te)' shall be recognized as having rights
to any and aJJ immunities t.o which Canncl-bylhe-Sctl would be entitled. Jn no event shall any
duties contained in E:dalbft A, or olherwise herein, negate any legal protections or lnu11unlt.ics
available to the parties UJtdcr state or federal law. Monterey' a; liability, includins. without
limitation, liability in Soction I 0 bercin, shall be limited to an omotmt not to exceed
the fee earned for each projec:t.
10. INDEMNIFICATION.
JO.OJ. Each party sfulll indemni(y, and bold hannlcss the other party, to the
eXtent 11llowcd by law and in proportion to fault, against any and all liability fbr
claims, demands, cosbl or jucfsments (direct. indirect, incidental or consequential) mvolving
bodily injury, pcr11onalll\Jury, death. property damage or C)dler costs and expe!Ulelj (induding
reasonable sttomeys' fce:s. com and expelllles) ariaing or resulting from acls or omissions of
its own officers, age11ts, employees or representatives carried out pursuant to the obligations of
Ibis
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 now and ftom
tintc to time bercaftcr) from and a any and aIl Habifities, losses. damages, cx;penaes 01'
costs, whatsoever (including reasonoble a!tomeys' fees, costs and expenses). wruch tniiY arise
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Agreement#: Page oil of 13
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against or be incut'ted by the other party as a reault of or in connection with any actuaJ or alleged
breach of this b)' ei\her party.
10.03. 'l'hcso indemnity provisions shall survive tl1c terminalio11 or expiral'ion of this
Agrcemen1. Fw1her, each party will be liable to the other party for attorneys' fees, costs and
expenses, and aU other eosts and eJCpenseal>Atatsoever, which are incuJTed by the other party in
enforcing these indemnity provisions.
l L INSURANCE
11.01 Each party shall maintain in effect, at iu own cost and expense, the fOllowing
insurance coverage provided either through a bonafide program of self-insurance, oommercia!
insurance policies, or any combination thereof as fo1Jows:
a. Commercial General Liebility or 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 hired
automobiles, with a combined sinsle limit of not lei! thau $1,000,000 pet
occwrencc and SlsOOO,OOO in the aggregate.
c. If a party employs others in the performance of this Agreement, that party
shall maintain Workers' Compensation in accordance with California
Labor Code section 3700 with a minlmwn of$ I ,000,000 per occurrence
for employer's liability, for the duration of time that such worlcers are
employed.
d. Each party shall maintain in effect throughout the (enn of this agreement
all risk property insurance. excluding earthquake and flood, on all
permanent property of an insurable nature in an amount sufficie.tt to cover
at least 100% of the replacement costs of said prope%1)'.
I 1.02 All insurance required by this Agreement shall:
a. Be placed ( 1) with companies admitted to transact insurance business In
the State of California and with n current A.M. Best rating of no less than
A:VJ or with caniers wjth a current A.M. Best ratiug of no Jesstllen
A:VIl; or (2) disclosed with limits acceptable to the othtr
pany.
b. Provide that each party's ittsuranee ls primary and non-contributing
insurance to any insurance or seffinsurance maintained by the other part)'
and that 1he inwrance offhe other party shall not be called upon to
contribute to a Joss covered by a party's inSUl'aJ1(:e.
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c. Subsequent to execution of this each pa11y shall tile
certificarcs of insurance with the other party evidencing that the required
insurance is in cftect.
f 2. NONDISCRIMINA TION. Purillg the pcd'om1ancc of1his Agreement, and
-its subcontractors, sbaU nol unlawfully discriminate againstanypmon because of race;
creed, eolor. sex. national otigin. ancestry, pbyskal disability, mental disability, medical .
condition, maritlll status, age (over 40), or sexual orientation, either i11 Monterey's employment
practices or in che fumisiUng of services lo teclplents. Monterey shall ensure that the evaluation
and trcalmcot of its employees and applicants for employment and all persons rc:ceiv.ltlg and
requesting services are free of such discrimination. mty subconltactor shall, in the
performance ofthjs Agreement, fully comply wilh a.IJ fedcraJ, state, and local laws and
regulatians which prohibit discrimination. The provision of services primarily or exclusively to
such tAJset population as may be designated in Chis Agtcemenr shall not be deemed to be
prohibited disa'imination.
13. INDEPENDENT CONTRACTOR. In lhe perfonnance of work, duties. and
obHptlons under tbis Mo.nterty is at all times acting and performing as an
independent contractor and not as an employee ofCumelby-the-Sa. No offer oc obligation of
pc:nnancn1 employment with Cs.nnel-b)'-lbc-Sea or a particuJar CarmeJ-by1flc-Sea department or
agency is in1ended in any manner, and Monterey shall not become entidcd by virtue of this
Agreement to re(;eive from CarmclbYtho-Sea any fonn of employee benefits, including but not
lirnircd to sick leave. vacation. retirement beuefits, workers' compensation coverage, iusunmer
ot disability benefits.
14. NOl'ICES. Notices under this Agreement shall be delivered personally or by
first-class, postage pre-paid mail lo the listed below:
FOR CARMEL.BYTllE-SEA:
Jason Stilwell
City Admlnfst13tor
Carmel-by-the..Sea
POBox: CC
Cannel-by-the-Sea, CA 93921
Ph. 831-620..2000
15. MISCELLANEOUS :PU.OVISIONS.
FOR MONTEREV:
Fred Meurer
City Manager
City of Monterey
580 Street
CA 93940
Ph.
I 5.0 J. Conflict ofJnterest. Mooterey represents that ll p!CSaltly has no interest and
agrees not to acquire any interest during the term of this Agreement whlcb would directly or
indirectly conflict in any manner or fo any degree with the full and compll:te performance oflhe
professional reqt.ired to be rendered under this Agreement.
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J 5.02. Amendment. This Agreement may be amended or modified only by an
instrument in writing signed by Cannclby-lhe-Sea and Montorey.
l Waiver. Any waiver of any terms and condi!ions oftbis A8feement mull be in
writing and signed by Carmel-bytlus-Sea atld Monterey. A waiver of any of !It<: tenns and
conditions of this Agreenten1 shall not be oonstrtltd aa -a waiver of any other terms or cooditiomr
in this Agreement.
IS .04. Contractor. The term "Monterey'' as used in this Agreement includes Monterey's
officcr.r, agents, and cmpJoyc:cs acting on Montcreys behalf in the performance of this
Agreement
J S.OS. Dfsvutes. Monterey shall wntinue to perform under this Agrecmcnl during any
dispute. Monterey and Catmelby-tbe-Sea hereby agree to make aood faith effOrts to resolve
disputes as quickly as possible. ln the event any dispute arising from or related to this
Agreement results in liti&ation or arbitration, the prewiling party shall be entitled to recover all
reasonable costs incurred, court eosts, attorney fees, cxpcn9Ct far e.xpert witlleS!IeS
{whether or not called to testifY), expenses for aecounrants or appraiseu (wbethcr or not called ro
testify). and other related expenses. Recovery of these expenses shall be as additional oosts
awarded to the prevailing party, and sbaU not require initiatJon of a separate legal proeeeding.
15.06. and Subcon!raCJil!& Monterey shall not assign, sell, or otherwise
transfer its interest or obi igations in this Agreement without the prior written consent of Cannel
by-the-Sea. None of the services covered by this shall be subcontracted without the
prior written approval of Carmcl..Oy-the-Sea. Notwilhstanding any such subcontract, Monterey
shall continue to be liable for th4l performance of all requimncnts oftbis Agrumcnt.
15.07. Suqccssors and Assigps, This Agreement and the right!, privileges, duties, and
obligations of Catmel-lJyfM.Scl and Munterey under this Agtoon.J<:n\. to the extent asSiRJlable
or delegable, shaU be binding upon a11d Inure to the benefit of the parties and Oleir I'C!IPCctive
successors, pcnnitted assigns, and beirs.
IS.08. Comoliancc with AJmlieable Law. The parties shall compJy with all applicable
federal, state, and loc:al laws and tcgulations in pcrfonni11g this AQrccmcnt.
JS.09. The headings are for convenience only and Jball not be used to
interpret the re.rma of this Agreement
J.S. JO. l'imc js of the Esseocc, Time is of the essence in and aiJ of the provlsionsof
this Agreement.
J S.ll. Go\'cming Law. 1'his Agreement shall be govcmcd by and interpreted under the
Jaws of lbe State ofCalitom!a.
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15.12. Non-cxeJuslve Aamemcnt This Agreement is non-exclusive and both Carntel
by the-Sea and Monterey expreuJy resmre the right to contract with other entitles for tbe same
or similar serviCCII.
lS.I3. Construction of AQrument. Carmel-by-the-Sea and Monterey agree lhat each
party 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 not
apply in the interpretatiDn of this Agreement at any amendment to this Agreement.
15.14. Counterparts. 1l1is Agreement may be executed in two or more counte.tparts,
each of which shall be deemed an original. but aU or whicll together shall eonatitute one and the
same Agreement.
I.S.l S. Asahorjty. Any individual executing tlus Agreement on behalf of Cannd-by-tbe-
Sea or represents and warrants hcrt:by that he or she has the requisite authority lo enter
into this Agreement on behalf of such party and bind the party to the tenns and conditions of this
Agree1nent.
I .S.I6. lnlm!Jlion. This Agreement, including the exhibi(s and any documents
incorporated by reference, represent the entire Agreement between Carmel-by-the-Sea and
Monterey with tespect co the subject matter of this Agreement and shall supersede all pl'ior
negotiatians, or agreements, either written or oral, between Camtel-bythe>Sea
and Monterey as of the effective dale of this Agre<:mcnl, which is the date thai Cannel-by..tbe-
signs dtc
J 5. J 7 Jnce,mrctation o( Cout1icling Provisions, In tile event of any conflict or
ineonslstency between the provisions of Ibis Agreement and Cite Provisions of any exhibit or
other attachmertt to this .A&teelnent, the provisions oftltis Agreement shall prevail and control.
1 S.l8 SevgablliW. If any of the provisklns oontained In the Contract are held
jnvalid, or wtenforceablc, the enforceability oftbe mnainina provisitms shall not be impailed
thereby. Lim.itations ofliability and indemnities shall survive tennination of lbe Contract for any
cause. If a parl of this Contract is valid, all valid parts lhat are severable frotn d1e invalid part
remain fn effect If a pare or this Contracl is invalid in one or more of its application$, the part
n:mains in effcc;t in aJI valid applications tluu are 11everable from the invalid applications.
IN WlTNESS WJIEREOJ?, Canncl-b)' lhc>Sca and Monterey have this
Agreement as of the day and year wriUen on the fll'Bt pasc f1ctcin.
CITY OF MONTEREY

City Adibifti or
Date: gt ..
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Agreamef)t tl : Ag - 1298 8 of 13
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Approved as to form:
Montc:my Clly Allomcy
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Agreement 'II : Ag 1298- Page 9 of 13
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EXHIBIT A
SCOPE OF SERVICES/PAYMENT PROVISIONS
CARMEL-BY-THE-SEA BUILDING DEPARTMENT SERVICES
I. Oty of Mooterey to Provide tile Following:
A. Ofllc/lzl:
An ICC certified Building 0 f:ficial will be avall4ble duri.Js aU hours of <lperation,
ccc:ept for normal absences.
B. PlllR Review Servicu:
Plan review services under the direction ofiCC certified plan reviewers. n;a
may also includes coordination with all applicable Monterey County owide
agencies (water, health, air pollution, sewer, source, c:tc..}.
+ Provide plan review for conformance to replations contamed in Cannel-bythc
Sea's adopted cedes.
+ Provide applicant or desigoee with a list of plan check correction comments to
oonfonnance with Cannel-by-lhe-Sea'B adopted codes.
Provide all ncce.ssary liaisons with applicant or designee with regard to plan check
comments.
+ Perform review of revisions to plan! that have been previously approved for
permit
+ Provide inspection of buildings to Q1S\1Ie compliance with the approved plans and
all applicable codes. AD Inspectors will be ICC Building
D. Stw,U F1tndion1 to In dude:
Building Official;
+ Plam Examiners; and
Building ltlApoetors.
11. CitY of Cannd.-by-theSea to Provide the Foil owing!
A. Building
+ A fee in the amountequel to50% of the plan review fees collected. All fees to be
established by1he Chy There wm be a minimum plan review
fee of$86.00. fees wi!l be based on $86.00 per hour. Any after h01.1r
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Agreement'#: Ag-,298- Page 10 of 13
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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 instruct Monterey to caloula.te
the valuation In accordance with the CUJTCilt California Building Code.
lll. MISCELLANEOUS FEES:
An.y investigati-ve wod< will be charged an iu"Vestigative fee at the hourly rate as set
below. This fee will be based on actual staff time lo complete the required changes.
All caloulated hourly rates wilt be subject to a I 0% administrative fcc.
+ Note: AU hourly rates and flat dollar amounts are subject to periodic review and
adjustment, upon 1he written mutual agreement of both cities' City Manager and City
Administrator.
IV. Hourly Rates:
Rates for Monterey personnel shall be as follows:
BUILDING OFFlClAl.:
PLANS EXAMINER:
BUILDING lNSPECTORS:
11
Agreement#: Ag-1298 - Page 1 1 of 1 3
$107.00
$ 86.00
s 83.00
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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 SERVICES
TO THE CITY OF CARMEt.-BYTHESEA
WHER.EAS.Ihe cifies d Monlerey BI1Cf re mlricfpal corpomllons
lhat provide Eo:CVIcH to lhlfr t0$pedlve nll61denC&, bu81neuee, and Yleilo" Including
SuUtf111g Services of review and inspeoUon; anc1
WHEREAS, lfut City d CermeJ.by.th&-Sea r,.s reque5ted and aulllOIIzed an agn:ement
for lhe City of MOI"'leeQY tc provide bulldlllJ $ervla&& by colirect: end
WHEREAS, II$ atv of Monterey began providing building seMofla on May 13, 2013 In
en llflod lo mmodlatefy 8$tlat the City or he-Sea; and
WHEREAS, The City or Monterey determined that fh& proposed is nOC a pnljecf
as detmd by lhe C. llama environmental Quality Ad (CEQA}{CCR. Tctle 14, CMptar 3
("CEOA Guldelr.). Attide 20. Section 15378). In adc:fllon, ceQA Guidelnes Section 16061
Includes the ael'lfnl rule Chat CEQA applies only to acllvJtlea wWctl hG\'0 the pcltal'llal for
caualng afg Rlic8nt effect on lhe cnvlronmenl. Where a can be seen wllh am.lnir that thenll8
110 possibility !hal the adMty In quation mav haw a significant errect on fle envhmment, the
aclMiy I& not uti eo! to CEQA. Beceuae the propoeed action and fhls matfer have no pofe,..lal
lo cause any etrect on the .nvlronmant. or because It lalla Within a category of ac:lM
excluded &6 profeols PIJI"UUIfll to CEQA Guidelines sedim 15378, this matter l1 not a projacl.
thlt msller doee no I cauee a dh<lt any reasonably fcwseeable indirect ph)'l!ical
on or In the erwtranment. ltVs malta' Is rot a project. Arl/trubSequenl dlsct'eflonary
proJect& resultlrg rrom this aotk>n wllf be aaauaed for CEQA applio.hi!Ry.
NOW, THEREFORE, BE IT RESOL VEO BY THE COUNCIL OF THE CITY OF
MONTEREY that It hartby aulh011zes the City Manag or hie deaJQnee to an
agnJttrnenl to provide bufldif"G aM'Ioes to tM City of
Agreement##: Ag - 1298- Page 12 of 13
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PASSED ANO ADOPTED BY "THE COUNCIL OF THE crTY OF MONTEREY this 18
111
day of June, 2013 by the following vote:
AYES:

ABSENT.
ABSTAIN:
AlTEST:
:. . ...... .. .
S COUNCILMEMBERS: Oownay, Haffa, Selftfclge, Della Sala
0 COUNCLMeMBERS: None
0 COUNCILMEMBERS: NOne
0 COUNCILMEMBERS: None
APPROVED:
Mayor of uld Cly
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Agreement 1 : Ag1298. Page 13 of 13
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AMENDMENT NO. 1
TO AGREEMENT BETWEEN CARMEL-BV-Tfm.SEA AND
CIT\' OF MONTEREY FOR BUILDING SERVICES {AGREEMENT#: AG-1298)
This amcndmcot is tho first modification to the aarccmmt for bu.ildins plan cbcclc md inspection
between the City ofCumeJ-by-the-Sea and the City of Monterey. Tho original
agreement (Ag-1298} .is dated May 13, 20 13.
Tho amcndmonf, made and cnted into this 27tll day of December 2013, modifica the following
IJCCdOOB offhc original agreement as fulJOW$!
1. Section 3.01.1 EXTENDED TBRM is added following Section 3.01 INITIAL TERM 114
follows;
Section 3.01. I EXTENDED TERM. The term of this agreement is extended throup Juno
30, 2014, unless laminated pursuant to the terms set forth tn Soctlon herein.
2. Tho first SCDtcnoo of Section ll A. (Building Inspection Services) of Exhibit A to the
agreement is modified to adjust the tee charged by the City ofMonfa'ey as follows:
A fbl7 in the amollllt equal of the plan review fees colloctcd.
A!J other terms and provisionB otthe agreement remain 'UJIChan.ged.
IN WI'I'NESS WHEREOF, Cannel-by-tho-Sea and Montaey have executed this ameudment tn
Agrcc:mcnt tl Ag-12..98 as oftbeda.y and yearnoted abovo.
CITY OF MONT:BRBY CITY OF CARMBL-BY-THB-SBA
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City Mana8Cf. City Adminiatnltor
n ... :. lf).('>O/d-IJ I ) o- ,<.[._?[7r>,>
Agreement #: Ag-1298 - Page 1 of 1
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