To: BOARD OF SUPERVISORS
From: Planning and Building Services
Meeting Date: June 24, 2025
|
Department Contact: |
Julia Krog |
Phone: |
707-234-6650 |
|
Department Contact: |
John Burkes |
Phone: |
707-234-6650 |
|
Item Type: Consent Agenda |
|
Time Allocated for Item: N/A |
Agenda Title:
title
Approval of Second Amendment to Agreement No. 94-209 for Building Safety Services Between the County of Mendocino and the City of Fort Bragg
E
Recommended Action/Motion:
recommendation
Approve second amendment to Agreement No. 94-209 for building safety services between the County of Mendocino and the City of Fort Bragg; and authorize the Chair to sign same.
End
Previous Board/Board Committee Actions:
On November 29, 1994, Mendocino County and the City of Fort Bragg entered into agreement no. 94-209 establishing, in short, building safety services to be conducted by the County. On September 23, 1996, Mendocino County and the City of Fort Bragg entered into the first addendum, agreement no. 96-220A1, for additional services to be provided by the County to the City of Fort Bragg relative to enforcement of the Uniform Code for Abatement of Dangerous Buildings.
Summary of Request:
The City of Fort Bragg has requested the County enter into a second addendum to the existing Agreement (94-209 and 96-220A1) for Building Safety Services to allow for the City of Fort Bragg (“City”) to contract with a third-party to provide building safety services for some building permits. The County understands that the City is exploring use of a third-party to provide such services as noted in their agenda item summary provided to the Fort Bragg City Council on December 9, 2024, which can be viewed here <https://cityfortbragg.legistar.com/LegislationDetail.aspx?ID=7044778&GUID=505D01EA-4105-4AFF-B2EE-BD7A24950AEB&Options=&Search=>.
The second addendum to the agreement includes the following provisions:
• The City, in its sole discretion, retains the right to perform building safety services or contract with a third-party provider to render such services.
• All building permits shall be applied for at the City offices. City shall obtain all sign-offs before referring any building permit applications to County for processing. County shall have no obligation to accept a building permit application without all sign-offs.
• The County shall only be responsible or obligated to provide or render any building safety services under the Agreement, for permit applications that are specifically referred to the County by the City and accepted by the County for processing.
• The County has no responsibility or obligation to provide or render to City any building safety services for permit applications not referred to the County by City and accepted by County for processing. For permit applications not referred to County, this specifically means County shall not (a) serve as the “Building Official” for the City, (b) maintain building files with permits not approved by County, (c) provide technical support to the public or contractors, or (d) provide any review, oversight, or enforcement related to such permit applications.
• To the fullest extent permitted by law, City shall indemnify and hold harmless County, its elected officials, officers, employees, agents, and volunteers against all claims, suits, actions, costs, expenses (including, but not limited to, reasonable attorney's fees of County Counsel and counsel retained by County, expert fees, litigation costs, and investigation costs), damages, judgments, or decrees arising from any work or the provision of building safety services undertaken by any third party provider, or by any subcontractor of a third party provider, or any person employed by a third party provider, or under any subcontractor or in any capacity. City shall also, at City’s own expense, defend the County, its elected officials, officers, employees, agents, and volunteers, against any claim, suit, action, or proceeding brought against County, its elected officials, officers, employees, agents, and volunteers, arising from any work or the provision of building safety services undertaken by any third party provider, or by any subcontractor of a third party provider, or any person employed by a third party provider, or under any subcontractor or in any capacity.
Alternative Action/Motion:
Do not approve the second addendum and provide County Staff direction.
Strategic Plan Priority Designation: A Safe and Healthy County
Supervisorial District: All
Vote Requirement: Majority
Supplemental Information Available Online At: N/A
Fiscal Details:
|
source of funding: N/A |
|
current f/y cost: N/A |
|
budget clarification: N/A |
|
annual recurring cost: N/A |
|
budgeted in current f/y (if no, please describe): N/A |
|
revenue agreement: N/A |
AGREEMENT/RESOLUTION/ORDINANCE APPROVED BY COUNTY COUNSEL: Yes
CEO Liaison: Steve Dunnicliff, Deputy CEO
CEO Review: Yes
CEO Comments:
FOR COB USE ONLY
|
Executed By: Atlas Pearson, Senior Deputy Clerk |
Final Status: Approved |
|
Date: June 24, 2025 |
Executed Item Type: Agreement |
|
|
Number: 94-209-A2 |
|
|
|