Res 1455 - Appt R Mendenhall Bu
COUNCIL BILL NO. 1852
RESOLUTION NO. 1455
A RESOLUTION APPOINTING ROBERT L. MENDENHALL BUILDING OFFICIAL
ON A INTERIM BASIS, ENTERING INTO AN AGREEMENT WITH ROBERT L.
MENDENHALL, DBA RLM CONSULTING SERVICES; AND AUTHORIZING THE
MAYOR TO SIGN SAID AGREEMENT.
WHEREAS, the City's present Building Official is on medical leave for undetermined
period of time; and
WHEREAS, it is necessary for the City to contract with a qualified building inspector to
continue provision of existing services during the interim period; and
WHEREAS, Robert L. Mendenhall, dba RLM Consulting Services, is qualified and is
willing to sign a short-term agreement with the City for this purpose, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That Robert L. Mendenhall be appointed as Building Official by the City of
Woodburn on an interim basis.
Section 2. That the City enter into an agreement with Robert L. Mendenhall, dba RLM
Consulting to provide building inspection services during the interim period.
Section 3. That the Mayor is authorized to execute, on behalf of the City, said agreement,
a copy of which is attached hereto as Attachment A and, by this reference, is incorporated herein.
Approved as to formm . ~ ~ 12 -11- 11-
City Attorney Date
Passed by the Council December 15, 1997
Submitted to the Mayor December 17, 1997
Approved by the Mayor December 17, 1997
Filed in the Office of the Recor er December 17, 1997
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Page 1 - COUNCIL BILL NO. 1852
RESOLUTION NO. 1455
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PERSONAL SERVICES AGREEMENT
ATTACHMENT~
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This Agreement is made and entered into by and between the City of Woodburn, Oregon,
hereinafter referred to as "City", and Robert L. Mendenhall, dba RLM Consulting Services,
hereinafter referred to as "Contractor".
THE PARTIES HEREBY AGREE AS FOLWWS:
1. Term
The term of this Agreement shall be from the date of its execution by both parties
until its tennination.
2. Contractor's Services
Contractor agrees to provide the services described in "Exhibit A", which is
attached hereto and is incorporated herein by this reference.
3. Compensation
City shall pay Contractor for services in accordance with the attached Fee
Schedule marked as "Exhibit B", which is attached hereto and incorporated herein
by this reference.
4. Independent Contractor
Contractor, in carrying out the services to be provided under this Agreement, is
acting as an "independent contractor" and not an employee of City, and as such
accepts full responsibility for taxes or other obligations associated with payment
for services under this Agreement. As an "independent contractor", Contractor
shall not receive any benefits normally accruing to employees of City unless
required by applicable law. Furthermore, Contractor may contract with other
parties during the duration this Agreement.
5. Insurance
Contractor shall maintain at all times commercial general liability insurance,
property damage/automobile insurance, and professional malpractice insurance
covering its activities and operations under this Agreement. Contractor shall name
City, its officers, agents and employees as an additional insured for general liability
and property damage insurance coverage. Such insurance shall be in the form and
amounts not less than that set forth ORS 30.270 with the following limits and
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"(y:pes ofInsurimce
Limits ofLiabitny
ATTACHMENT ....4..-
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General Liability
Each occurrence - $500,000
General Aggregate
$500,000
Automobile Liability
covering any vehicle
used on City business
Combined singular limit $500,000
or bodily injury $200,00 per person
and $500,000 per occurrence
Property Damage
Per occurrence - $250,000
Professional Malpractice
$1,000,000 .
All insurance shall be evidenced by a certificate of insurance provided to City, indicating
coverages, limits and effective dates by an insurance company licensed to do business in
the State of Oregon.
6, Indemnification
Contractor sha1I save harmless, indemnify and defend City for any and all claims, damages,
losses and expenses including but not limited to reasonable attorney's fees arising out of
or resulting from Contractor's performance or failure to perform the obligations under this
Agreement to the extent that the same is caused by the negligence or misconduct of
Contractor or its employees or agents.
7, Worker's Compensation
Contractor shall comply with ORS Chapter 656 for all employees who work in the State
of Oregon. Contractor shall obtain and maintain at all times during the term of this
Agreement, worker's compensation insurance with the statutory limits and employer's
liability insurance. Contractor shall provide City with evidence that it is a carrier-insured
or self-insured employer in full compliance with the requirements of ORS Chapter 656, or
that it employs no persons subject to the requirements of ORS Chapter 656.
8. Standard of Care and Warranty
Contractor agrees to perform its services within that standard of care, skill and diligence
normally provided by professional individuals in the performance of similar services. It is
understood that Contractor must perform the services based in part upon information
furnished by City and that Contractor shall be entitled to rely on such information.
However, Contractor is given notice that City will be relying on the accuracy, competence
and completeness of Contractor's services and utilizing the results of such services.
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ATTACHMENT A
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Contractor wamnts that the recommendations. guidance and performance under this
Agreement shall be in accordance with professional standards and requirements.
9, Ownersbip of Documents
All documents or other materials submitted to City by Contractor shall become the sole
and exclusive property of City. All material prepared by Contractor under this Agreement
may be subject to the requirements of the Oregon Public Records Law.
10. No~-Assignment
No portion of this Agreement may be assigned to any other individual, firm or entity
without the express written approval by City.
11. Non-Discrimination
Contractor agrees to comply with all applicable requirements of federal and state civil
rights and rehabilitation statutes, rules. and regulations. Contractor shall also comply with
the Americans with Disabilities Act of 1990, ORS 659.425, and all regulations and
administrative rules established pursuant to those laws.
12. Compliance witb Public Contracting Laws
Contractor shall comply with all applicable federal, state and local laws, rules, and
regulations regarding public contracting. All provisions of ORS Chapter 279 are
specifically incorporated herein to the extent applicable to personal service agreements.
13, Severability
In the event any provision of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the remainder of this Agreement shall remain in full force
and effect and shall in no way be affected or invalidated thereby.
14. Governing Law
This Agreement shall be governed by the laws of the State of Oregon. Any action
commenced in connection with this Agreement shall be commenced in the District or
Circuit Court of Marion County. All rights and remedies of City shall be cumulative and
may be exercised successively or concurrently. The foregoing is without limitation or
waiver of any other rights or remedies of City according to applicable law.
15, Termination Witbout Cause
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ATTAc!;'fENT A
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At any time, without cause, City shall have the right in its sole- discretion, to tenninate this
Agreement by giving notice to Contractor. If City terminates this Agreement pursuant to
this paragraph, it shall pay Contractor for services rendered to the date of termination.
16. Notice
Any notice of termination or other communication having a material effect on this
Agreement shall be served by United States mail on the parties hereto.
17, Survival
The terms, conditions, representations and warranties contained in this Agreement shall
survive the termination or expiration of the Agreement.
18. Complete Agreement
This Agreement is the complete and exclusive statement of the Agreement between the
parties and supersedes all prior agreements, oral or written, and all other communications
between the parties relating to the subject matter of this Agreement. No waiver, consent,
modification, or change in the terms of this Agreement shall bind either party unless in
writing and signed by both parties.
Date:
December 17, 1997
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CITY OF WOODBURN
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Nancy A Kirksey, Mayor
Robert L. Mendenhall
dba RLM Consulting Services
Date: l2l\\\ C'_(~
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ATTACHMENT It
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Emlbit · A"
SCOPE OF WORK
The consultant shall serve as the designated interim Building Official for the
City of Woodburn and cany out the following responsibilities pursuant to the
listed levels of certification under CA.B.O. (Council of American Building
Officials) and the U.B.C. (Uniform Building Code)
C.A.B.O.
U.B.C.
M.H.I.
P.C.1.
"C" Level Plans = One and two family residential
"C" Level Structural = One and two family residential
"C" Level Mechanical = One and two family residential
"B" Level Plans = Commercial and Industrial up to 4,000
square feet
"B" Level Structural = Commercial and Industrial up to 4,000
square feet
"A" Level Structural = Commercial, Industrial and Multi-Family,
unlimited
Manufactured Home Installation Inspector
Manufactured Home Park and Camp Inspector
In addition, the consultant shall:
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· Investigate violations, complaints and check for hazardous
conditions
· Maintain official reports and building permit applications
· Assist Community Development Department with vision
clearance, building setbacks, and other zoning regulations
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ATTACHMENT .L1
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Exhibit B
Fee Schedule
1 . Under this agreement, RLM Consulting Services will provide up to, but not to
exceed, forty (40) hours of service per week to the City of Woodburn to accomplish
those tasks listed in the Scope of Work.
2. For all services rendered under this agreement, RLM Consulting Services shall
be compensated at the rate of $29.00 per hour, payable monthly upon provision of
invoices acceptable to the City detailing the nature of the work performed.
3. In the course of performing the services called for under this agreement, such
services may be performed all or in part by Robert L. Mendenhall, principal, or any of
the following associates of RLM Consulting Services:
Tom Larsen - Plans Examiner/Inspector A-level CABO plumbing
Don Pitt, P.E. - Staff Engineer
4. The City of Woodburn shall provide to RLM Consulting Services a city-owned
vehicle for work performed under this agreement within the City of Woodburn.
Should a RLM Consulting Services vehicle be used in the course of such work,
mileage shall be reimbursed at the rate of $.31 per mile, but only with the express
prior approval of the City.
5. No additional charges shall apply unless specifically authorized by agreement
of both parties.
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