HomeMy WebLinkAboutITEM IV-Acrnr or
AGENDA BILL APPROVAL FORM
# WASHINGTON
Agenda Subject: Resolution No. 4730
Date: July 19, 2011
Department: Planning and
Attachments: Resolution No. 4730,
Budget Impact: N/A
Development
Exhibit A, and City of Algona
Resolution No. 1028-11
Administrative Recommendation: Planning and Community Development Committee forward
Resolution No. 4730 to the full City Council.
Background Summary:
The City of Auburn has been providing building plan review and inspection services to the City of Algona
since 2005. Recently, Auburn began providing information services to the City of Algona. The City of
Algona has requested that Auburn also supply planning services and advisory code enforcement
services; building services would continue to be provided as we currently do. The planning services
entail current and long range planning such as project review and comprehensive plan amendments as
well as providing a planner to be physically located at the City of Algona city hall two days a week, four
hours each day. The City of Auburn will be compensated for providing these services as outlined in
Exhibit C of the Interlocal Agreement.
The proposed Interlocal Agreement was presented to the Algona City Council at their June 28, 2011
regular meeting and Resolution No. 1028-11 was passed at their July 12, 2011 regular meeting.
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ® Planning & CD
❑ Fire ® Planning
❑ Park Board ❑ Public Works
® Legal ❑ Police
❑ Planning Comm. ❑ Other
❑ Public Works ❑ Human Resources
❑ Information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Norman
Staff: Snyder
Meeting Date: July 25, 2011
Item Number:
Am=
RESOLUTION NO. 4 7 3 0
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT FOR BUILDING, PLANNING, AND
CODE ENFORCEMENT SERVICES WITH THE CITY
OF ALGONA
WHEREAS, the City of Auburn is engaged in various municipal functions,
including building services, planning services, and code enforcement services;
and
WHEREAS, the City of Auburn has a business relationship with the City of
Algona and has entered into contracts with the City of Algona to provide building
and plan review services, and information services; and
WHEREAS, the City of Auburn will be compensated for providing these
services; and
WHEREAS, the Algona City Council passed Resolution no. 1028-11 at
their July 12, 2011 meeting authorizing the Algona Mayor and City Clerk to
execute an agreement with the City of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALGONA,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor and the City Clerk are authorized to execute
an agreement in substantial conformity with the agreement attached hereto,
marked as Exhibit "A" and incorporated herein by this reference.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Resolution No. 4730
July 18, 2011
Pagel
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this day of , 20
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid
City Attorney
Resolution No. 4730
July 18, 2011
Page 2
Exhibit A to Resolution No. 4730
AGREEMENT FOR BUILDING, PLANNING, AND
CODE INTERPRETATION SERVICES
BETWEEN THE CITIES OF AUBURN AND ALGONA
THIS AGREEMENT is entered between the Cities of Auburn and Algona on
the date signed below.
RECITALS
1.1 The City of Auburn (Auburn) and the City of Algona (Algona) are
each municipal corporations of the State of Washington, organized and operating
under the Optional Municipal Code, title 35A RCW.
1.2 Algona is in need of building plan review, building inspection
services, planning services including current and long range planning, and code
interpretation.
1.3 The Cities entered into an agreement on February 2004 under
which Auburn provided building inspection services to Algona, and the Cities
wish to expand the scope of that agreement.
1.4 Auburn employs full-time Building Inspectors, Plan Reviewers, and
Planners, and has the capacity to make these services available to Algona on a
Contract basis.
1.5 The Interlocal Cooperation Act, chapter 39.34 RCW, and the State
1• /11_ w C chapter A 19A•'1., bot iV authorize Auburn a r~-nd J Al 1.g.ona r to cont i..acL
Building'..oa+r A , ch.21h autt.
for the provision of building services, planning services, and code enforcement.
NOW THEREFORE, in consideration of the mutual undertakings set forth
below, it is agreed as follows:
II
AGREEMENT
2.1 Scope of Services. Auburn shall supply building inspection, plan
review, and other planning services to Algona as provided for in Exhibit A. The
Services shall not include any determinations relating to water or sewer
availability or stormwater service or any other matters not listed herein, which
shall at all times be the sole responsibility of Algona. Additionally, Auburn's City
Attorney's office will not provide advisory services under this contract. This is a
non-exclusive Agreement, and Algona may seek similar services from private
consultants, other jurisdictions, or use its own employees.
2.2 Standard of Services. Auburn's staff that will be providing the
Services to Algona shall competently and courteously perform the Services, in
accordance with the various codes published by the International Code Council,
the International Association of Plumbing and Mechanical Officials, Washington
State Growth Management Act, State Environmental Policy Act, Shoreline
Management Act, and shall comply with all federal, state and local statutes, rules,
and ordinances as adopted by Algona applicable to the performance of such
services.
2.3 Requests for Services.
2.3.1. Plan Review, Land Use Applications, and Building inspections.
Algona shall notify Auburn not later than 4:30 p.m. of the day prior to the day the
Services are to be performed. Auburn shall notify Algona not later than 8:30 a.m.
of the day following the request if Auburn does not have personnel available, and
the Cities shall establish a mutually-agreeable time for Auburn to perform the
requested task
2.3.2. Long-Range Planning Services. Algona's Mayor or designee will
request long-range planning services. Timelines for these services will be
mutually agreed upon by the Cities. Upon request by Algona's Mayor or
designee, Auburn will also provide recommendations to the Algona Mayor on the
City's planning services program on a schedule to be mutually agreed upon.
2.3.3. Code Interpretation. Auburn shall provide Code Interpretation
services provided upon request by the Mayor or authorized designee.
2.4 Performance of Services. When Services have been requested and
Auburn is able to perform the Services, the Auburn staff person(s) shall be
present in Algona as needed to accomplish the work specified to the extent
practicable during regular business hours, defined as between 8:00 a.m. and 5:00
p.m. Monday through Friday. Work outside of normal business hours shall be
only as authorized by the Algona Mayor with the approval of the Auburn Planning
and Development Director. Auburn staff may also provide interpretation or other
services by telephone, or at other work locations as mutually agreed by the
Cities.
2.5 Compensation. Algona shall pay Auburn at the rates specified in
Exhibit C -Compensation Schedule. Auburn shall invoice Algona monthly for all
money due under this Agreement, and Algona shall pay such invoices within
thirty (30) business days. In the event that Services are authorized to be
performed outside of normal business hours, causing Auburn to incur overtime
costs, the hourly rate for such Services outside normal business hours shall be
seventy-five dollars ($75.00) per hour. In the event that workloads prohibit the
use of City of Auburn employees for the Services the City of Algona will be
responsible for securing other parties to perform such work and will be solely
responsible for all costs incurred by use of such third parties.
2.6 Ownership and use of uocurnents. All documents, drawings,
specifications, and other materials produced by the Auburn staff person(s) in
performance of the Services shall be and remain the property of Algona. All
documents created to document the Auburn staff person's time shall be the
property of Auburn, provided, Auburn shall provide copies to Algona as back up
for each monthly invoice.
2.7 Status of Auburn Staff Person(s), The Auburn staff person or
persons performing Services under this Agreement shall be and remain the
employees of Auburn for all purposes, and shall not be an employee of Algona.
Algona's sole obligation with respect to compensation shall be to pay Auburn the
hourly rates provided above. Auburn shall be solely responsible for paying its
employees any and all salaries and benefits, withholding any tax or other
required deduction, and paying any state industrial insurance, workers
compensation, insurance premiums, retirement contributions and taxes due by
virtue of the employee's employment by Auburn. The Auburn staff persons'
primary responsibility shall be to Auburn. Performance of Services under this
Agreement is subject to the Auburn staff persons' availability after performing
normal duties in Auburn.
2.8 Indemnification. Algona agrees to indemnify and hold harmless
Auburn, its officers and employees from any claims of third parties as a result of
services provided pursuant to this Agreement. Algona and Auburn each agree to
hold the other harmless from any and all negligent acts, errors or omissions,
each holding the other harmless from any and all claims arising from such
negligent acts, errors or omissions, and including in such hold harmiless
agreement to appear and defend or pay any judgment properly entered upon
determination of negligence, error, act or omission.
2.9 Insurance.
2.9.1 Algona shall maintain in full force throughout the duration of
this Agreement comprehensive general liability insurance with a minimum
coverage of $1,000,000 per occurrencelaggregate for personal injury and property
damage. This requirement shall be deemed satisfied by evidence of Algona's
membership in a municipal self-insurance pool, including evidence of limits of
coverages, exclusions, and limits of liability satisfactory to Auburn.
2.9.2 Auburn shall maintain in full force throughout the duration of
this Agreement comprehensive general liability insurance with a minimum
coverage of $1,000,000 per occurrence/aggregate for personal injury and property
damage. This requirement shall be deemed satisfied by evidence of Auburn's
membership in a municipal self-insurance pool, Including evidence of limits of
coverages, exclusions and limits of liability satisfactory to Algona.
2.10 Termination.
2.10.1 This Agreement maybe terminated by either party for its
convenience upon giving thirty (30) days written notice to the other. Auburn
agrees to see.through to completion any projects, excluding single family
residences, under construction, under production or in review at the time of the
notice of termination if in Algona's estimation termination of the Services with
respect to such project would cause Algona undue hardship or exposure to
liability.
2.10.2 This Agreement may be terminated by either party for any
default in performance of this Agreement on written notice of intention to
terminate. In the event of such notice the Mayors of the parties shall meet
immediately to determine whether they agree that a default exists, and if so,
whether it is subject to any remedial action. Algona shall have the sole discretion
to determine whether the performance of any Auburn staff person(s) meets its
standards of competence in performance of Service under this Agreement, and
shall have the authority to immediately suspend the Auburn staff person(s) from
the performance of duties if it determines the Auburn staff person(s) has
materially failed to meet such standards of competence, provided, the Auburn
Planning and Development Director shall be notified immediately in such event.
2.11 Discrimination Prohibited. Neither party shall discriminate against
any employee, applicant for employment, or any person seeking services under
this Agreement on the basis of race, color, religion, creed, sex, age, national
origin, marital status, or the presence of any sensory, mental, or physical
handicap.
2.12 No Assignment or Subcontracting. Auburn shall not assign or
subcontract any portion of the Services under this Agreement without the prior
written consent of Algona.
2.13 Entire Agreement. This Agreement supersedes and replaces the
Agreement between the Cities dated February 2004. It contains the entire
understanding of the parties, and no other agreements, oral or otherwise,
regarding the subject matter of this Agreement exist. This Agreement may only
be amended in writing signed by both parties.
2.14 Notices. Any notices allowed or required under this Agreement shall
be given as follows:
To:
Mayor Peter Lewis Mayor David Hill
City of Auburn 402 Warde St.
25 Main St Algona, WA 98001
Auburn, WA 98001-4998
With copy to:
Planning and Development Director
City of Auburn
25 Main St.
Auburn, WA 98001
Requests for tasks to be performed may be made by phone or electronic
mail. Telephonic requests should be memorialized by the Cities as soon as
practicable.
2.15 Applicable Law Venue and Attorney's Fees. This Agreement shall
be governed by and construed in accordance with the laws of the State of
Washington. In the event of any suit, arbitration or other proceeding instituted to
enforce any term of this Agreement, the venue shall be King County, Washington,
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Exhibit A
Scope of Services
A. Building Services
Building Services will be provided by the Auburn as follows:
Plan review of building, plumbing, mechanical, and demolition permits.
• Building inspection services.
• Correspondence related to plan review and inspection service.
• All correspondence addressed to applicants shall be on City of Algona
letterhead but signed by the Auburn staff person(s) responsible for the
project review.
B. Planning Services
Planning Services will be provided by Auburn as follows:
• Review of land use applications that are filed with Algona.
• Review of building permits.
• All correspondence addressed to applicants shall be on City of Algona
letterhead but signed by the Auburn staff person(s) responsible for the
project review.
® Long Range Planning including comprehensive plan map and text
amendments, city code text amendments, regional coordination such as
Countywide Planning Policies.
• Auburn staff person(s) that will be at Algona City Hall two days a week for a
maximum of four hours each day. Date and times will be mutually agreed
by Auburn and Algona.
• Auburn staff person(s) attendance at the Algona Planning Commission
meetings and City Council meetings as requested by Algona.
C. Code Interpretation Services
Code Interpretation Services will be provided by the City of Auburn as follows:
• Auburn staff will provide interpretation of the meaning of Algona City
codes. This includes the identification of appropriate and required code
enforcement actions, but shall not include the indirect or direct
performance of code enforcement duties for or on behalf of Algona.
D. Administrative Services
• Auburn staff will provide required record keeping services for work
performed on Algona's behalf. Official copies of records will be located
in Algona in accordance with Algona and other applicable policies.
Exhibit B
Performance of Services
Auburn's Responsibilities
Auburn will provide a planner to be present at the Algona City Hall two (2)
days per week for a maximum for four (4) hours. The day and time of the
week will be mutually agreed upon between Auburn and Algona.
Auburn staff person(s) shall maintain an accurate record of time spent in
performance of the Services by project pursuant to the agreement.
Auburn staff person(s) will review development review applications in a
timely fashion meeting the City of Algona code required timeframes.
Algona's Responsibility_
• Algona will provide appropriate desk space including a computer and
phone for the staff person(s) that will be performing the Services.
When development review applications (e.g. building permits, land use
applications) are submitted to Algona, Algona city staff shall coordinate
with the Auburn staff person for review of those applications within two (2)
days of submittal.
• Algona shall designate one staff person to coordinate development review.
• Algona shall provide a current city code, comprehensive plan, and zoning
map for Auburn staff person(s).
Other
Auburn is not responsible for the collection or enforcement of application
fees as established by Algona.
Auburn shall not use its permitting system for the processing of permit and
project applications submitted to the Algona.
Auburn staff will communicate with customers (e.g. applicants, applicant
representatives, citizens, or other interested parties) as follows:
1. Communications, written or verbal, that pertain to active permit and
land use applications.
2. Requests sent by the City of Algona for response related to zoning,
permits, land use, critical areas, and building code questions.
Auburn staff will not communicate with customers if the requests do not
relate to the items outlined in the third bullet point unless Auburn receives
prior written authorization from the Algona Mayor.
Exhibit C
Cost of Services
Support Services
Rate for Services
Planner
$52.00 per hour
Building Inspector/Plan Reviewer
$52.00 per hour.
Administrative Support
$30.00 per hour
Other Directlindirect Expenses (e.g.
mileage, copying)
Cost of Service or Production
Resolution 1028-11
RESOLUTION NO. 1428-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALGONA, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT FOR BUILDING, PLANNING, AND CODE
ENFORCEMENT SERVICES WITH THE CITY OF
AUBURN
"WHEREAS, the City of Algoma is in need of building services, planning serllices,
and code enforcement services and the City of Auburn has the qualifications and
capacity to provide these services to the City of Algona, and
WHEREAS, the City of Auburn is engaged in various municipal functions,
including building services, planning services, and code enforcement services; and
WHEREAS, the City of Auburn has a business relationship with the City of
Algona and has entered into contracts with the City of Algona to provide building and
plan review services; and
WHEREAS, the City will be compensated for providing these services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALGONA,
WASHINGTON, HEREBY RESOLVES as follows;
Section t. That the Mayor and the City Clerk are authorized to execute an
agreement in substantial conformity with the agreement attached hereto, marked as
Exhibit "A" and incorporated herein by this reference.
Section 2. That the Mayor is authorized to implerinent such adnninistrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and signed this 12th day of July, 2011.
CITY OF ALGONA
DAV I❑ E. HILL, MAYOR
ATTEST:
151ANA QUINN, MC
CITY ADMINISTRATOR/CLERK TREASURER