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HomeMy WebLinkAbout4730 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 ADVISORY 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 Aubum 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 CITYICOUNCIL 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. conformify 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 Page 1 Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. . sr . Dafed and Signed this ~ day of , 20 OF AUB ~ ' Z2 ' PETER . LEVVIS MAYOR ATfEST: Danielle E. Daskam, Cify Clerk ` APPR V D AS TO FORM: Daniel B. Heid City Attorney Resolution No. 4730 • July 18, 2011 Page 2 Exhibit A to Resolution No. 4730 ; AGREEMENT FOR BUtLDING, PLANNING, AND ' CODE INTERPRETATfON SERVICES, BETWEEN THE CITIES OF AUBURN AND ALGONA ; THIS AGREEMENT is entered befinreen the Cities of Auburn and Algona on the date signed below. , 1 RECITALS 7.1 The C[ty of Auburn (Auburn) and the City of Algona (Atgona) are each municipal corporations of the State of Washington, organized and operating under the Optional Municipal-Code; title 35A RCW. 9.2 Algona is in need of buildtng plan review, building inspection services, planning services including current and iong range pEanning, and code interpretation. 1.3 The Cities entered into an agreement on February 7, 2004 under which Auburn provided building inspection services to Algona, and the Cities wish fio expand the scope of that agreement. 1.4 Auburn employs full-time Building Jnspectors, Plan Reviewers, and Planners, and has the capacity to make these services avaiiab[e to Algona on a Contract basis. 9.5 The Interlocal Cooperation Act, chapter 39.34 RCW, and the State Buitding Code Act, chapter 49.27, both authorize_Auburn and Aigona to contract for the provision of building servtces, planning services, and code enforcement. NOW THEREFORE, in consideration of the mutual undertakings set forth below, it is agreed as foltows; n AGREEMENT 2.1 Scope of Services. Auburn shatl supply building inspection, plan review, and other planning serr►ices to Algona as provided for in Exhibit A. The Services shall not include any determinations refating to water or sewer availability or stormwater service or any other matters not listed herein, which shali at alt times be the sote responsibility of Algona. Additionally, Auburn's City Attorney's offce will not provide advisory services under this contract. This is a non-exclusive Agreement, and Algona may seek simltar services #rom private consultants, other jurisdictions, or use its own employees. 2.2 Standard of Services. Auburn's staff that wiil be providing the Services to Afgona shall competently and courteously perform the Services, in . accordance with the various codes published by the International Code Council, the lnternationai Associatian of Plumbing and Mechanical Offic9afs, WasMington State Growth Management Act, $tate Environmenfal Poticy Act, Shoreline Management Act, and shall comply with ail federal, state and local statutes, rules, ~ and ordinances as adopted by Aigona applicable to the performance of such services. 2.3 Reauests for Services. 2.3.1. Ptan Review, Land Use Appiications, and Building inspections. Aigona shall notify Auburn not: Iater than 4:30 p,m. of the day prior to Ehe daythe 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 . i the Cities shafl establish a mutuatiy-agreeable time for Auburn to perform the ; requested task 2.3.2. Long-Range Planning Services. Algona's Mayor or designee witl i ~ . 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 wilf also provide recommendations to the Algona Mayor on the City's planning services program on a schedufe to be mutua{{y 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 perfarm the Services; the Auburn staff person(s) shall be ; present in Atgona as needed to accomplish the work specified to the extent practtcable during regu[ar business hours, defined as between 8:00 a.m. and 5:00 p.m. Monday through Friday. Work outside of norma{ 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 te[ephone, or at other work locations as mutually agreed by the . Cities. 2.5 Compensation. A(gona shall pay Auburn at the rates specified.in Exhibit C- Compensation Schedule. Auburn shail invaice A[gona monthly for all money due under this Agreement, and Algona shall pay such invoic.es within thirty (30) business days. In the event that Services are autMorized to be performed outside of normal business hours, causing Auburn to incur overtime costs, the hourly rate for such Servfces outside normat business hours shall be seventy-five dollars ($75.00) per hour. In the event that workloads prohibit the - use of City of Auburn emp{oyees for the Services the CIty of Algona wilf be responsible for securing other parties to perform such work and witt be solely responsible for atl costs incurred by use of such third parties. 2.6 Ownership and Use of Documents. 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 shaN 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 underthis Agreementshall be and rematn the employees of Auburn for all purposes,;and shall not be an empioyes of Atgona. Algona's sole obligation with respecf to compensation shall be to pay Auburn the hourly rates provided above. Auburn shali be solely responsible for paying its empioyees any and ail sataries and henefits, withholding, any tax or other required deduction, and paying any state industrlal insurance, workers compensation, fnsurance premiums, retiremenfi contributions and taxes due by virtue af the empioyee's employmenf by Auburn, The Auburn s#aff persans' primary responsibitity shaft be to Auhurn. Performance of Services under this Agreement is subject to the Auburn staff gersons' availability affer performing normal duties in Auburn. 2.8 Indemnification. Algona agrees to indemnify and hold harmless i Auburn,'its officers and emp[oyees from any claims of third parties as a result of services provided pursuant to this Agreement. A[gona and Auburn each agree to hold the other harmless from any and alf negligent acts, errors or omissions, ; each holding the other harmtess from any and all ciaims arising from such ; ; negfigent acts, srrors or omissions, and including in such hold harmless 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 Aigona shall maintain in full force throughout the duration of this Agreement comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrencelaggregaEe for personaE injury and property . i.... . . damage. This requirement shall be deemed satisfled by evidence of Algona's membership in a municipal self insurance pool, including evidence of limits of coverages, exclusions, and [tmits of (iab;ility satisfactory to Auburn. . 2.9.2 Auburn shatl maintain in fuli force throughout the duration of this Agreement comprehensive generaf fiability insurance with a minimum coverage of $1,000,000 per occurrencelaggregate for personal injury and property damage. This requirement sha11 be deemed satisfied by evidence of Auburn`s membership in a municipal self:insurance poo1, inclading evidence of limits of coverages, exclusions and limits of tiability satisfactory to Algona. 2.18 Termination. . 2.10.1 This Agresment may be terminated by either party for its conveniertce upon giving thirty (30) days written notice to the other. Auburn agrees to see.through to compietion 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 wvuid cause Algona undue hardship or exposure ta liability. 2.10.2 This Agreement may beterminated by either party for any default in performance of this Agreement on written notce of intention to terminate. In the event of such notice the Mayors of the parties shall meet lmmediateiy to determine whether they agree that a defau{f exists, and if so, whether it is subject to any remedial action. Algona shall have the sole discretion to defermine whether the performance of any Aaburn staff person(s) meets its standards of competence in performance of Service under #his Agreement, and shalt have the authority to immediately suspend the Auburn staff person(s) fram the performance of duties if it determines the Auburn staff person(s) has materialty failed to meet such standards of competence, provided, the Auburn Planning and Development Director shali be notified immediate{y in such event. 2.11 Discrimination Prohibifed: Neither party shatf discriminate against any employee, applicant for emplayment, or any person seeking services under this Agreement on the basis of race, cofor, religion, cr.eed, sex, age, nationat origin, marital status, or the presence of any sensory; mental, or.physical handicap. i 2.12 No Assi nment or Subcontractin . Auburn shail not assign or subcontract any portion of the Services under this Agreement without the pr[or written consent of Algona. 2.13 Entire Agreement. This Agreement supersedes and replaces the Agreement between the Cities dated February 7, 2004. it contains the entire understanding of the parties, and no other agreements, oral vr otherwise, regarding the subject matter of this Agresment exist, This Agreement may only be amended in writing signed by both parties. 2.14 Notices. Any notices allowed or required under this Agreement shatl be given as fol[ows. To: Mayor Peter Lewis Mayor David Hill `City of Auburn 402 Warde St 25 Main St Algona, V11A 98001 Auburn, WA 98001-4898 With copy to: Planning and Devetopment Director City of Auburn ' 25 Main St. ' Auburn, WA 98001 Reques#s for tasks to be performed may be macle by phone or electronic mail. Telephonic requests should be memorialized by the Cities as soon as prac#icable. 2.15 A ficable Law Venue and Attorne "'s Fees. This Agreement shall be governed by and construed in accordance with #he'laws of the State of Washington. !n the event of ar►y suit, arbitration or other proceeding Instituted to enforce any term of #his Agreement, the venue shall be King County, Washington, . and the: substantially prevailing party shall" be entitied, in addition to any other retief, to an award of attorney's fees and costs' of suit; . CITY OF.AUBURN , CITY OF ALGONA y ' Pefer B. Lewis, Mayor ~ David Hill, Mayor Date: ' Date: Attest: Attest: . . Da "nielle Daskam b na Quinn City Cferk City Clerk Date• Date~ Approved as to form: Approved as to form: ~ Daniel B. Heid Kari Sand City Attorney City ttor ey Date: Date: , _ , i I • i Exhibit A ~ Scope of Services A. Building Services . Building Services wiil be provided by the Auburn as foilows: • Plan review of building, plumbing, mechanical, and demolition permits. . Building inspection senrices. . Correspondence related to plan review and inspection service. • All correspondence addressed to appiicants shali be on City of Algona letterhead but signed by the Auburn staff person(s) responsibfe for the project review. • , B. Planning Services Planning Servtces will be provided by Aubucn as foilows: • Review of land use applications that are filed with Algona.. • Review of building permits. • Afl correspondence addressed to applicants shall be on City of Algona fetterhead but signed by the Auburn staff person(s) responsible for the , project review. e. 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 HafL two days a week for a maximum ofifour hours each day. Date and times will be mutualty agreed by Auburn and Algona, • Auburn staff person(s) attendance at the Algona Ptanning Commission meetings and City Council -meetings as requested by Algona. C. Code Interpretation Services Code Interpretation Services wlll be provided by the City of Auburn as fotlows: • Auburn staffwltl provide 3nterpretation of the meaning of:Algona City codes. This includes the identification of appropriate and required code enforcernent actions, but shall not include the indlrect or direct performance of code enforcement duties for or on behalf of Aigona. D. Administrative Services • Aubum staff will provide required record keeping services for worlc performed on Afgona's beMalf. Official copies of records will be located in Algona in accordance w1th,Algona and other applicable policies. Exhibit B . Performance of Services Auburn's Responsibilities o 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 fime of the week will be mutually agreed upon; between Auburn and Algona. • Auburn staff person(s) shalf maintain an accurate record of time spent In performance of the Services by proJect pursuant to the agreement. ~ • Auburn staff person(s) will review devetopment review applications in a timely fashion meeting the City of Algona code required timeframes. Alqona's Responsibilitv . Algona will provide appropriate desk space including a computer and phone for the staff person(s) that wilf be performing the Services. • When development reyiew applications (e.g. building permits, land use applications) are submitted to Aigona, Algona city staff shatl coordinate with the Auburn staff person for review of those applications within two (2) days of submitfal. • 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 vf application fees as establsshed by Algona. o Auburn shatl not use its permitting system for the processing of permit and praject applications submitfed to the Algona, . Auburn staff will communtcabe 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 ofAlgona for response related to zoning, permits, [and use, critical areas, and building: code quesf[ons. Auburn staff will not communicate with customers if the requests do not retate to the items outlined in the third bullet point anless Auburn receives prior written authorizatian from the Algona Mayor. i Exhibif C Cost of 3en►ices ' Suppart Services Rate for Ser`vices Planner . $52.00 er_hour Buitdin Ins .ector/Plan Revtewer ~$5100 0er hour ' Admmi'strative _Su art ; $30A0 er_hour Ofher Directlindirect Expenses te.g. ; Cost of Service or Production milea e, co in Resolutian 1028-11 RESOLUTION NO. 1028-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALGONA, INASHINGTON, AUTHORIZING THE MAYOR -AND CITY CLERK TO EXECUTE AN AGREEMENT FOR BUILDING, PLANNING, AND CODE ' ENFORCEMENT SERVICES W[TH THE CITY OF AUBURN - WHEREAS, the City of Aigona is in need of buitding senrices, planning services, and code enforcement services and the City of Auburn has the qualifications and capacity #o provide these services fo the City of Algona, and WHEREAS, the City of Aubum is engaged in various municipal functions, including building services, planning services, and code enforcement seroices; arul WHEREAS, the Ci#y of Auburn has a business relationship with the City of A{gona and has entered into contrac#s with the City of Algona to provide building and plan review services; and WHEREAS, the City will be compensated for providing these services. NOW, THEREFORE, THE CITY COUNCIL OF THE ClTY OF ALGONA, WASHINGTON, HEREBY RE$OLVES as follows: Sectian 1. That the Mayor and the City Clerk are authorized to execute an agreement in subs#antial conformity with the agreement atfached hereto, marked as Exhibit "A" and incarporated herein by this reference. Sectian 2. That the Mayor is authar~zed to implement such administrative procedures as may be necessary to carryaut the directives of this fegislation. Section 3. That this Resolution shall take effect and be in fu[l force upon passage and signatures hereon. Dated and signed this 12th day of .lufy, 2011, , CITY OF ALGONA DA ID E. HILL, MAYOR ATTEST: 151ANA QUINN, MC C(TY ADMINISTRATOR/CLERK TREASURER AGREEMENT FOR BUILDING,'PIANNING, AND . CODE 1NTERPRETATION SERVICES BETWEEN`THE CITIES OF'AUBURN AND ALGONA THIS AGREEMENT is entered between the Cities of Auburn and Algona on ` the date signed below. I RECITALS 1.1 The City of Auburn (Auburn) and ttie 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 interprefation. 1.3 The Cities entered into an agreement on February 7, 2004 under which Auburn provided building inspection services to Algona, and the Cifies wish to expand the scope of that agreement. 1.4 Auburn employs fulf-time Building lnspectors, 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 Building Code Act, chaptee 19.27, bath authorize Auburn and Algona ta cantract , for the provision of building services, planning services, ~and code enforcement. , NOW THEREFORE, in consideration of the mutual undertakongs set forth - below, it is agreed as follows: . II AGREEMENT 2.1 Scope of Services. Auburn shaU supply building inspection, plan. review, and other planning senrices to Algona as provided for in Exhibit A. The Services shall not include any determinations relating to wa4er or sewer avaifability or stocmwater service or any other matters nat iis#ec0 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 Agreemenfi, 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 lnternational Association of-Plumbing and Mechanical Officials, Washington State Growth Management Act, State EnvironmentaF 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 Apptications, and Building tnspections. 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 re.quest by Algona's Mayor or designee, Auburn wiii also provide recommendations 4o the Aigona 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 pcovided 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 befinreen 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 monthlyfor 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 houriy 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 Docurnents. Alf docurnents, drawings, specifications, and other materials produced by the Auburn staff person(s) in pecformance 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 anvoice. 2.7 Status of Auburn Staff Person(s). The Auburn staff person or . persons performing Services under this Agreement shall be and rernain the employees of Auburn for all purposes, and shall not be an employee of Algona. Algona's sole obligatoon with respect to compensation shall be to pay Auburn the hour.ly 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 prem iums, retirement contributions and taxes due by virfue of the employee's employment by Auburn. The AubuPn 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 andall claims arising from such . negligent acfs, errars or omissions, anci inciucling in such holci harmless agreement to appear and defend or pay any judgmenf 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 occurrence/aggregate foc personal injury and property` damage. This requirement shalt be deemed satisfied by evidence of Algona's . membership in a municipal self-insurance pool, including evidence of lim6ts of coverages, exclusions, and limits of liability satisfactory to Auburn. 2.9.2 Auburn shall maantain 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, ihcluding evidence of limits of coverages, exclusions and limits of liability satisfactory to Algona. . 2.10 Termination. 2.10.1 This Agreement may be #erminated by either party for its convenience upon giving thirty (30) days written notice to the other. Auburn agrees fo 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 . respecir 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 evenfi of sucli nofice 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 haye 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 notifed immediately in such event 2.11 Discrimination Prohibited. IVeither party shall discriminate against any employee, applicant for empioymen4, or any person seeking services under this Agreementon#he 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 Assiqnment or Subcontractinq. Auburn sha10 not assign or subcontract any portion of the Services under this Agreement without the prior written consent of Algona. 2.13 Entire Aqreement. This Agreement supersedes and replaces the Agreement between the Cities dated February 7, 2004. It contains the_ entire understanding of the parties, and no other agreemenfs, orai or ofherwise, 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 fo be performed may be made by phone or electronic mail. Telephonic requesfs should be memorialized by the Cities as soon as practicable. , 2.15 Applicable Law, Venue and Attornev'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, ; and the substantially prevailing party shall be entitled, in addition to any other relief, to an award of attorney's fees and costs of suit CITY O N CITY OF ALGONA ~ - - - _ Peter B. Lewis, Mayor David Nill, Mayor Date. Al1C 1 gQt,l Date: Attest: Attest: , ` . ' ' aanielle Daskam D na.Quinn City Clerk City Clerk Date: AUG 1 2011 Date: ~ 1 I Appro d to form: Approved as to form: 114- B: ' r Kari Sand • At r y City ttor ey Date: : Date: : _ Exhibit A Scope of Services . A. Building Services , Building Services will be provided by the Auburri as follows: •Plan review of building, plumbing, mechanical, and demolition permits. • Building inspection services. e Correspondence related to plan review and inspection service. - • AII 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: s Review of land use applications that are filed with Algona. • Review of building permits. . o All correspondence addressed to applicants shall be on City of Algona . Ietterhead 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 fext 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 meetingsand 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 indi'rect 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 o Auburn will provide a planner to be present at the Algona City Hall finro (2) days per week for a maximum for four (4) hours. The day and time of the week will be mutually agreed upon befinreen Auburn and Algona. o Auburn staff person(s) shall maintain an accurate record of time sp.ent in . performance of the Services by project pursuant to the agreement. ' o Auburn staff person(s) will reyiew development review applications in a - timely fashion meeting the City of Algona code required timeframes. . Alqona's Responsibilitv - • Algona will provide appropriate desk space including a computer and ph,one for the staff person(s) that will be perfocming,the Services. • When development review applications (e.g. building pecmits, land use applications) are submitted to Algona, Algona city staff shall coordinate with. the Auburn .sta_ff 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 e Auburn is not responsible for the collection or enforcement of application fees as established by Algona, • Auburn shall not use its permifting system for the processing of permitand . project applications submitted. to the Algona. • Auburn staff will communicate with customers (e.g. applicants, applicant representatives, citizens, or other interested pacties) as follows: 1. Communications, wriften or verbal, that pertain to active permit and land use applications. , 2. Requests sent by the City of Algona for response related to zoning, perm6ts, land use, cr6tical areas, and building code quesbons. Auburn staff will not communicate with customers if the requests do nof relate to the items outlined'. in the third bullet point unless Auburn receives , prior written authorization from the Algona lVlayor. " Exhibit C Cost of Services Su,pportServices Rate for Services Pla_nner $52.00 er hour - Buildin Ins ector/Plan Reviewer $52.00 er hour Administrative Su ort $30.00 er hour Otfier Ditect/lndirect Expenses (e.g. Cost of Service or Production milea e, co _ _in Resolution 1028-11 � Y�3a AMENDMENT#1 TO AGREEMENT FOR BUILDING, PLANNING, AND CODE 1NTERPRETATION SERVICES BETWEEN THE CITY OF'AUBURN AND CITY OF ALGONA THIS AMENDMENT is made and entered iMo this Lpttday of l�[���_,2012, by and betweenthe Cities of Aubum and Algona, as an Amendmerrt to the/�qreement between the parties for the agreemerrt executed on the 1°`day of August, 2011. The changes to the agreemerrt are described as follows: 1. CONTRACT TERM: There is no change to the date of termination. 2. PERFORMANCE OF SERVICES: The pertortnance of services is amended as follows: Aubum wip provide a planner to be present at the Algona City Hall one (1) day per week for a mazimum of four(4) hours and available for meetings on an on-cail basis. 3. COMPENSATION: There is no change to the amount authorized in the original agreement. REMAINING TER_MS UNCHANGED: That all other provisions of the Agreement between the parties for the agreement exearted on the 1°1 day of August, 2011 shall remain unchanged, and in full force and effect. IN YYITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. CITY OF ALGONA TY OF A �-���.� .�' Dayid Hill, Mayor Peter B. Lewis, Mayor " : . ATTEST: ATTEST: ��1(�-c� ana Quinri, City Clerk Danielle E. Daskam, Aubum City Clerk Approved as to foRn: Approv as to . Kari Sand, City Attomey D ' I B. ei , u Attomey Amendment No. 1 Tor Agreement between Aubum and Algona Page 1 of 1 �. ��3� AMENDMENT#2 TO AGREEMENT FOR BUILDING, PLANNING;AND CODE INTERPRETATION SERVICES BETWEEN THE CITY OF AUBURN AND CITY OF ALGONA THIS AMENDMENT is made and enfered into this ���day of�FPG�v 2014, by and between the Cities of Auburn and Algona, as an Amendment to the Agreeme�tt between the parties for the agreement executed on the 1.�`day of August, 2011. The changes to the agreement are de.scribed as follows: 1. CONTRACT TERM: There is no change to the date of termination. 2. COMPE_NSATION: Amend Exhibit C to $60.00 per hour for the planning and building services. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between fhe padies for the agreement executed on the 1 s`day of August, 2011 shall remain unchanged, and in full force antl effect. IN WITNESS WHEREOF the parties:hereto Fiave executed this Agreement as of the day and year first above written. GITY OF ALGONA CITY OF AUBURN !� David Hill, Mayor ancy B c s, Mayor ATTEST: ATTEST`. . lf�/ � , ,��..--p��. iana Quinn, City Clerk � Danielle E. Daskam, Aubum City Clerk Approved as to form: Appr d as �L�-t2���f D L 1�2t's/� Danielle M. Evans, City Attorney Danief B. Hei , burn City Att rney Amendment No. 2 for AgrBement between Auburn and Algona Page 1 of 1