CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
SR 2017-006
January 3, 2017
Consent Agenda
TO:

Honorable Mayor and City Council Members

SUBMITTED BY:

Marc Wiener, AICP, Community Planning and Building Director

APPROVED BY:

Chip Rerig, City Administrator

SUBJECT:

Consideration of resolutions authorizing the City Administrator to execute amendments

to professional services agreements with Fasulo Investigations and Wildan
Engineering for code compliance and building inspection services for a total not to
exceed amount of $106,800

RECOMMENDATION
1. Adopt a resolution authorizing the City Administrator to execute an amendment in the amount of $32,000 to
the agreement with Fasulo Investigations (PBD-AFI-001-16-17) for code compliance services for the period
of January 1, 2017-June 30, 2017.
2. Adopt a resolution authorizing the City Administrator to execute an amendment in the amount of $74,800 to
the agreement with Wildan Engineering (PBD-WILDAN-023-16-17) for building inspection and review
services for the period of January 1, 2017-June 30, 2017.
BACKGROUND / SUMMARY
The City utilizes a variety of consultants to augment its staffing capacity, especially when positions are vacant,
as well as to provide specialized services to assist with ongoing daily operations.
CODE COMPLIANCE: The City has used an outside professional to provide code compliance support as an
alternative to in-house staffing. On June 6, 2016, the City Council authorized the City Administrator to execute
an agreement with Fasulo Investigations for contract code compliance services for an amount not to exceed
cost of $32,000. The proposed Fiscal Year 2016-2017 budget recommends staffing of a full-time code
compliance officer. As the agreement with the current contractor expired on December 31, it is recommended
that the agreement be amended in order to allow for continuity of service while recruitment efforts are
underway. The proposed amendment extends the contractual term to June 30, 2017 and increases the not to
exceed amount by an additional $32,000, for a new total amount not to exceed $64,000. This funding pays for
an average of 25 hours a week for six months.
BUILDING OFFICIAL: The City is currently in the process of recruiting a Building Official, but has not yet
obtained a successful candidate. The City Administrator entered into an agreement with Wildan Engineering
on August 8, 2016 to perform such services as plan checks and inspections, review discretionary applications
for compliance with construction codes, and compile monthly reports to the State and other governmental
agencies. The dollar amount of the initial contract was not to exceed $23,500 and expired on September 30,
2016. On October 4, 2016, the City Council approved extending the agreement through December 31, 2016
and increased the dollar amount of the contract by an additional $37,400. Staff recommends that the City
Council extend the contract through June 30, 2017 for an additional increase of $74,800 for a total amount not
to exceed $135,700. This dollar amount assumes an average of 24 hours a week for six months

Alternatives: Council may (1) may approve the amendments with the recommended dollar amount; (2) make
changes to the proposed amendments; or (3) not approve the items. If the latter, Council may either: (1) direct
staff to solicit additional proposals for these services or (2) adjust current service levels to provide services
without the use of consultants.
FISCAL IMPACT
The proposed amendments will be funded by salary savings from the vacant code compliance officer and
building official positions. The budgeted fully-benefited salary amounts for the two positions for Fiscal Year
2016-2017 are $93,781 and $115,062 for the code compliance officer and building official respectively.
Assuming that the contractual services are provided for six more months at the current stated service level of
approximately 25 hours a week and the positions are not filled within this timeframe, then the City will be
spending $20,638 more than originally anticipated for the building official position, but will spend $29,781 less
than anticipated for the code compliance position, which results in a net savings of $9,143. Any change in
these variables, such as an increase in contractual services rendered or an overlap in utilizing outside
consultants and staff once hired will likely result in the departmental exceeding its budget.
Contractor
Fasulo
Investigations
Wildan Engineering

Existing
Contract
Amount
$32,000

Spending
to Date

Proposed Contract
Amendment Amount

New Not to Exceed

Amount

$31,803

$32,000

$64,000

$60,900

$31,020

$74,800

$135,700

PRIOR CITY COUNCIL ACTION

On June 6, 2016, the City Council approved the City Administrator to execute a contract with Fasulo
Investigations for contract code compliance services for an amount not to exceed cost of $32,000.
On October 4, 2016, the City Council approved an extension of the contract with Wildan Engineering through
December 31, 2016, for an amount not to exceed $37,400.
ATTACHMENTS
1. Resolution to Execute an Amendment with Fasulo Investigations (PBD-AFI-001-16-17)
2. Resolution to Execute an Amendment with Wildan Engineering (PBD-WILDAN-023-16-17)

ATTACHMENT 1
RESOLUTION 2017A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE AMENDMENT NUMBER 1 TO
AGREEMENT PBD-AFI-001-16-17 WITH FASULO INVESTIGATIONS FOR CODE
COMPLIANCE SERVICES IN AN AMOUNT NOT TO EXCEED $32,000 FOR THE PERIOD OF
JANUARY 1, 2017-JUNE 30, 2017
WHEREAS, the Citys Community Planning and Building Departments utilizes contracted
code compliance services to help ensure compliance with land use, zoning, and public health and
safety codes and regulations as an effort to preserve the Villages character and aesthetics; and
WHEREAS, the City issued a request for proposals to obtain outside assistance for code
compliance services and selected Fasulo Investigations; and
WHEREAS, the City Council authorized an agreement with Fasulo Investigations on June 6,
2016 for an amount not to exceed $32,000 and the City wishes to extend the contractual term; and
WHEREAS, the Community Planning and Building Department has funding from a vacant
code compliance officer to offset the cost of using an outside consultants; and;
WHEREAS, contracts of $25,000 or more require Council authorization.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA does hereby:
Authorize the City Administrator to execute Amendment Number 1 to the Agreement (PBDAFI-001-16-17) with Fasulo Investigations for an increased amount of $32,000 for the term of
January 1, 2017- June 30, 2017 as shown in Exhibit A.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
on this 3rd day of January 2017 by the following roll call vote:

AYES:

COUNCIL MEMBERS:

NOES:

COUNCIL MEMBERS:

ABSENT:

COUNCIL MEMBERS:

ABSTAIN:

COUNCIL MEMBERS:

SIGNED:

ATTEST:

Steve G. Dallas, MAYOR

Ashlee Wright
City Clerk

Exhibit A
Amendment No. 1 to Agreement
PBD-AFI-001-16-17
FASULO INVESTIGATIONS
1.

This amendment (the Amendment) is made by the City of Carmel-by-the-Sea and Fasulo
Investigations, parties to agreement PBD-AFI-001-16-17, executed on January 4, 2017.

2.

The Agreement is amended as follows:

a.

The Term of the Agreement is amended as follows:

The work under this Agreement shall commence on January 1, 2017 and terminate on
June 30, 2017. The parties may agree to extend or amend this Agreement prior to its
expiration.

b.

The Compensation of the Agreement is amended as follows:

CITY shall pay CONSULTANT an amount not to exceed $32,000 for the duration of contract, which
said sum shall include all costs for services in accordance with this Agreement and shall be based
upon the hourly rate of $61/hr.
Compensation under this Agreement shall become due and payable thirty (30) days after CITYs
approval of CONSULTANTS submission of monthly written invoices. Written invoices shall clearly
itemize each charge. The payment of any compensation to CONSULTANT hereunder shall be
contingent upon performance of the terms and conditions of this Agreement to the reasonable
satisfaction of the City Administrator.
If the City Administrator determines that the work set forth in the written invoice has not been
performed in accordance with the terms of this Agreement, CITY shall not be responsible for payment
until such time as the work has been performed to the reasonable satisfaction of the City
Administrator.
3.
Except a set forth in this Amendment, the Agreement is unaffected and shall continue in full
force and effect in accordance with its terms. If there is a conflict between this amendment and the
Agreement or an earlier amendment, the terms of this amendment will prevail.
CONSULTANT:

DATE:

________________________
Al Fasulo, Fasulo Investigations

____________________

CITY:

DATE:

________________________
Chip Rerig, City Administrator

____________________

ATTEST:

DATE:

________________________
Ashlee Wright, City Clerk

____________________

ATTACHMENT 2
RESOLUTION 2017A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE AMENDMENT NUMBER 2 TO
AGREEMENT PBD-WILDAN-023-16-17 WITH WILDAN ENGINEERING FOR BUILDING
SERVICES IN AN AMOUNT NOT TO EXCEED $74,800 FOR THE TERM OF
JANUARY 1, 2017-JUNE 30, 2017
WHEREAS, the City of Carmel-by-the Seas Community Planning and Building Department
provides plan checks and inspection services to ensure residential and commercial projects comply
with local and State building and construction codes; and
WHEREAS, the City in order to preservation or protection of public peace, health, safety or
welfare of persons or property (Carmel Municipal Code Section 3.12.140H) utilizes an outside firm to
provide building services due to the City having a vacant building official position; and
WHEREAS, the City Administrator entered into an agreement with Wildan Engineering for
building services on August 8, 2016 for an amount not to exceed $23,500 and City Council authorized
an amendment on October 4, 2016 to increase the contract by an additional $37,400; and
WHEREAS, the City is in need of additional services and the Community Planning and
Building Department has funding from a vacant building official position to cover the cost; and
WHEREAS, contracts of $25,000 or more require Council authorization.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA does hereby:
Authorize the City Administrator to execute Amendment Number 2 to Agreement PBDWILDAN-23-16-17 with Wildan Engineering for building services for an additional amount of
$74,800 for the term of January 1, 2017- June 30, 2017 as shown in Exhibit A.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
on this 3rd day of January 2017 by the following roll call vote:

AYES:

COUNCIL MEMBERS:

NOES:

COUNCIL MEMBERS:

ABSENT:

COUNCIL MEMBERS:

ABSTAIN:

COUNCIL MEMBERS:

SIGNED:

ATTEST:

Steve G. Dallas, MAYOR

Ashlee Wright
City Clerk

Exhibit A
Amendment No. 2 to Agreement
PBD-WILDAN-023-16-17
WILDAN ENGINEERING
1. This amendment (the Amendment) is made by the City of Carmel-by-the-Sea and Wildan
Engineering, parties to agreement PBD-WILDAN-023-16-17, executed on January 4, 2017.
2. The Agreement is amended as follows:
a. The Term of the Agreement is amended as follows:
The work under this Agreement shall commence on January 1, 2017 and terminate on June
30, 2017. The parties may agree to extend or amend this Agreement prior to its expiration.
b. The Compensation of the Agreement is amended as follows:
CITY shall pay CONSULTANT an amount not to exceed $74,800 for the duration of contract,
which said sum shall include all costs for services in accordance with this Agreement and shall
be based upon the hourly rate of $120/hr.
Compensation under this Agreement shall become due and payable thirty (30) days after
CITYs approval of CONSULTANTS submission of monthly written invoices. Written invoices
shall clearly itemize each charge. The payment of any compensation to CONSULTANT
hereunder shall be contingent upon performance of the terms and conditions of this
Agreement to the reasonable satisfaction of the City Administrator.
If the City Administrator determines that the work set forth in the written invoice has not been
performed in accordance with the terms of this Agreement, CITY shall not be responsible for
payment until such time as the work has been performed to the reasonable satisfaction of the
City Administrator.
3. Except a set forth in this Amendment, the Agreement is unaffected and shall continue in full force
and effect in accordance with its terms. If there is a conflict between this amendment and the
Agreement or an earlier amendment, the terms of this amendment will prevail.
CONSULTANT:

DATE:

________________________
James Guerra, Wildan Engineering

____________________

CITY:

DATE:

________________________
Chip Rerig, City Administrator

____________________

ATTEST:

DATE:

________________________
Ashlee Wright, City Clerk

____________________