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HomeMy WebLinkAboutITEM VIII-B-7 * ,/ X]-:.O~.~~' ð~ 7,- WASHINGTON AGENDA BILL APPROVAL FORM ac men s: miniS ra Ive ecommen a Ion: Clt Council ado t Resolution No. 3840. Background information: In last year's budget discussions, the City Council authorized staff to work to establish an in-house program for electrical inspections. By joining the number of cities already offering in-house electric inspection it is expected that Auburn can offer a higher level of service and coordination for our customers than is currently availabie through the State. We originally thought we would directly hire inspections staff, but State L&I has worked hard to keep our business by agreeing to a number of service enhancements. Further, by contracting back with the State, the City can provide enhanced coverage than would not be possible with one staff inspector. Currently, customers must separately obtain electrical permits through L&I at their offices in Tukwila. The City has no involvement with the electrical permit process, either in issuance or inspections. When problems occur on a job site, complaints must be directed through the State. Further, coordination with City Building inspection was lacking. After negotiation, staff and L&I have agreed that the City's Permit Center (in addition to on-line services) will serve as a point where electrical permit applications may be made, but L&I inspectors will continue to make field inspections. The City will be authorized to levy a 25% surcharge for each permit. The fees will be used to offset City administrative costs and to fill a Permit Technician/Planner 1 position to handle increased workload. The additional cost will be negligible for the average permittee. L&I has informed us that the average fee is $125. In return, we will be able to further develop our "one-stop" Permit Center with the following advantages to our customers: 1) hands-on assistance with completing applications from our Permit Technicians which will be particularly useful for the homeowner and small builder; 2) better coordination of electrical inspections with other building inspections; 3) regular meetings between Building and L&I staff on field issues; 4) guaranteed 24-hour turnaround times for electrical inspections; 5) better coordination on compliance issues 6) use of enhanced coordination to increase the number of muiti-purpose inspections, reducing the overall number saving time and cost for builders, and 7) ability for builders to raise issues and concerns through City Building Official instead of sole reliance upon the State. Staff Recommendation: Staff recommends that the City council authorize the Mayor to enter into a contract with State L&I to provide electrical inspection services for the City. L0321-1 vlewe y ounCI Arts Commission Airport Hearing Examiner Human Services Park Board Planning Comm. Action: Committee Approvai: Council Approval: Referred to Tabled 06.1.4 omml ees: ~UNCIL COMMITTE S: Finance Municipal Servo Pianning & CD Public Works Other s IVlslons: M&O Mayor ParKs Planning Police Human Resources 8Yes8NO Yes No Call for Public Hearing __L_~_ Until / / Until ¡¡- ouncl mem er: In er ee In a e: arc a: rauss em um er: em AUBURN * MORE THAN YOU IMAGINED RESOLUTION NO.3 84 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF LABOR AND INDUSTRIES CONCERNING ELECTRICAL PERMITS AND INSPECTIONS WITHIN THE CITY LIMITS OF AUBURN WHEREAS, the City of Auburn has made concerted efforts in the past several years to establish a "one-stop" permitting center within City Hall; and WHEREAS, currently individuals must obtain permits for electrical construction activities from the Washington State Department of Labor and Industries (L&I), whose closest offices are located in Tacoma and Tukwila; and WHEREAS, during the development of the 2005 City budget, the City Council authorized staff to develop an in-house program for electrical permits and inspections, thereby providing a higher level of customer service and responsiveness; and WHEREAS, staff has negotiated with State L&I and determined that, with their concurrence to implement certain service enhancements, that it would best serve the citizens of Auburn to retain L&I staff for electrical inspections; and WHEREAS, L&I has agreed to the City's Permit Center serving as a point where electrical permit applications may be made and to staff's proposal to levy a 25% administrative fee for each permit to cover administrative costs; and WHEREAS, the administrative fee will cover the service enhancements such as assistance in completing permit applications; better coordination of .-..._--------------------- Resolution No. 3840 March 15, 2005 Page 1 building and electrical inspections, including multi-purpose inspections; and will allow permit holders to raise issues and concerns through the City's Building Official; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Auburn, Washington, are hereby authorized to execute an Interlocal Agreement between the City and the Washington State Department of Labor and Industries for electrical permit and inspections services within the City of Auburn, in a form substantially conforming with the Agreement attached hereto, designated as Exhibit "A," and incorporated by reference in this Resolution. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This Resolution shall be in full force and effect upon its passage and signatures hereon. DATED AND SIGNED THIS day of March, 2005. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk --_..._-.----------------- Resolution No. 3840 March 15, 2005 . Page 2 APPROVED AS TO FORM: o'aniel B. Heid, City Attorney --------------------------- Resolution No. 3840 March 15, 2005 Page 3 DRAFT L&I Contract No. K462 City of Auburn Contract No INTERAGENCY AGREEMENT BETWEEN STATE OF WASHINGTON DEPARTMENT OF LABOR & INDUSTRIES AND CITY OF AUBURN This Agreement is made and entered into by and between the Washington State Department of Labor & Industries (hereinafter called "L&I"), and City of Auburn Dept of Planning & Community Development 25 West Main Street Auburn, WA 98001-4998 (hereinafter called "Auburn"). PURPOSE Telephone: Facsimile: 253-931-3090 253-804-3114 E-mail: @auburnwa.~ov It is the purpose of this Agreement to provide electrical inspection services and to sell electrical permits for electrical work performed in the City of Auburn. In consideration of the terms and conditions contained herein, the parties agree as follows: SPECIAL TERMS & CONDITIONS STA TEMENT OF WORK Auburn and L&I shali furnish the necessary personnel, equipment, material and/or services and otherwise do all things necessary for or incidental to the performance of work set forth in the Attachment "A" attached hereto and incorporated herein. TERMS AND CONDITIONS All rights and obligations of the parties to this Agreement shall be subject to and governed by the following: Special Terms & Conditions contained in the text of this Agreement and the Statement of Work, Attachment A, which is attached hereto and incorporated herein. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on March 1, 2005, and be completed on February 28, 2009, unless terminated sooner as provided herein. COMPENSA TlON Compensation for services shall be paid through fees collected by L&I and Auburn for electrical permits and inspections. Auburn wili set a fee above that described in WAC 296-46B-900 for all electrical permits for electrical work within Auburn. The fee will be one of the following: a. Flat 11I25% of the fee(s) described in WAC 296-46B-900 for each permit sold by/for Auburn; or b. Transaction fee of III for each permit sold by/for Auburn Auburn will transfer funds to L&I, on a monthly basis, equal to those described in WAC 296-46B- 900, for electrical permit sales. CONFIDENTIALITY The use or disclosure by any party of any information concerning the other party for any purpose not directly connected with the administration of responsibilities with respect to services provided under this agreement is prohibited except by prior written consent of the other party. Each party shall maintain as confidential all information concerning study findings and recommendations, as well as the business of the other party, its financial affairs, relations with its clientele and its employees, and any other information which may be specifically classified as confidential. To the extent consistent with Washington State law, each party shall File Name: RES 3840-AGREEMENT.docRES Jg10 AGREEMENT.<lOSCGAtraot .'."""," <lral! 20050211.<100 Page 1 of 10 I Prin1 Special Terms & Conditions Original Copy 1 _ L&I Contracts Office One Copy - Contract Manager Original Copy 2 - Contractor L&I Contract No. K462 City of Auburn Contract No maintain all information which other party specifies in writing as confidential. Each party shall have an appropriate Agreement with its employees to this effect. RECORDS. DOCUMENTS. AND REPORTS Each party shall maintain books, records, documents and other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by either party, or the Office of the State Auditor so authorized by law, rule, regulation, or contract. Each party will retain aii books, records, documents, and other materials relevant to this Agreement for six years after settlement, and make them available for inspection by persons authorized under this provision. Each party shall be responsible for any audit exceptions or disallowed costs. DRAFT RIGHTS /N DATA L&I shall be the copyright owner for all purposes under Title 17 U.S.C., of all data which originates from this Agreement. Data shaii include, but not be limited to reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to use, copyright, patent, register and the ability to transfer these rights. R/GHTS OF INSPECTION Auburn shall provide right of access to L&I, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government at all reasonabie times, in order to monitor and evaluate performance, compliance, and/or quality assurance of internai policies and procedures, and/or records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement. Auburn shaii make avaiiable information necessary for L&I to comply with the client's right to access, amend, and receive an accounting of disclosures of their Personal information. SAFEGUARDING OF PERSONAL INFORMATION Each party shall not use or disclose Personal Information in any manner that would constitute a violation of federal law, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. Each party agrees to comply with all federal and state laws and regulations, as currently enacted or revised, regarding data security and electronic data interchange of all Personal Information. Each party shall protect Personal Information collected, used, or acquired in connection with this Agreement, against unauthorized use, disclosure, modification or loss. Each party shall ensure their directors, officers, employees, subcontractors or agents use it solely for the purposes of accomplishing the services set forth in this Agreement. Each party and their Subcontractors agree not to release, divulge, pubiish, transfer, sell or otherwise make it known to unauthorized persons without the express written consent of the other party or as otherwise required by law. Each party agrees to Implement physical, electronic, and managerial policies, procedures, and safeguards to prevent unauthorized access, use, or disclosure. Each party shall make the Personal Information available to amend as directed by the other party and incorporate any amendments into all the copies maintained by each party or their Subcontractors. Each party shall certify its return or destruction upon expiration or termination of this Agreement and shall retain no copies. If the parties mutually determine that return or destruction is not feasible, neither party shall use the Personal information in a manner other than those permitted or required by state and federal laws. Each party reserves the right to monitor, audit, or investigate the use of personal information collected, used or acquired by the other party through this agreement. Each party shall notify the other party in writing within 5 working days of becoming aware of any unauthorized access, use or disclosure. Each party agrees to indemnify and hold harmless the other party for any damages related to unauthorized use or disclosure by the other party their officers, directors, employees, Subcontractors or agents. Any breach of this clause may result in termination of the Agreernent and the demand for return of all Personal Information. File Name: RES 3840-AGREEMENT.docRES .84 9 .ð,CREEMENT.<lo.Contra.t f."""rA orafl2QO§ 02 14.<10. Page 2 of 10 Print Special Terms & Conditions Original Copy 1 - L&I Contracts Office One Copy - Contract Manager Original Copy 2 - Contractor DRAFT L&I Contract No. K462 City of Auburn Contract No INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. NONDISCRIMINA TION & CIVIL RIGHTS During the performance of this Contract, the each party shall comply with all federal and state nondiscrimination laws, regulations and policies. In the event of noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy this Agreement may be rescinded, canceled, or terminated in whole or in part. Each party shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the Disputes clause set forth herein. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990. PUBLIC LAW 101-336 ("ADA" 28 CFR PART 35) Each party must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabijjties in the areas of employment, public accommodations, state and local government services, and telecommunications. AGREEMENT AL TERA TlONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. MEMO OF UNDERSTANDING (Memo) Any communications that either Contract Manager determines to address more than day-to-day concerns, but do not modify the terms of this Agreement, shall be documented by a written, numbered Memo of Understanding. TERMINA TlON FOR DEFAUL T If either party violates any material term or condition of this Agreement, the other (aggrieved) party may give the violating party written notice of the violation. The violating party will correct the violation within 30 days or as otherwise mutually agreed. If the vioiation is not corrected, the aggrieved party may, at its sole discretion, immediately terminate this Agreement by written notice to the violating party. Upon termination, the violating party shall be liable for damages as authorized by law. The termination shall be deemed to be a "Termination for Convenience" if it is determined that the violating party: . was not in default; or . failure to perform was outside of his or her control, fault or negligence. This clause shall not apply to any failure to perform which is the result of the aggrieved party's willful or negligent acts or omissions. TERMINA TlON FOR CONVENIENCE Each party has the right to terminate the Agreement by giving written notice to the other party at least ten (10) days before the effective date of termination. If this Agreement is so terminated, Each party is liable only for payments required under the terms of this Agreement for services rendered prior to termination. TERMINATION PROCEDURE Upon termination of this Agreement, in addition to any other rights provided in this Agreement, either party may require the other party to deliver any records of current and ongoing electrical permits or inspections. Each party shall pay to the other party the agreed upon price, if separately stated, for completed work and services accepted by the other party, and the amount agreed upon by the parties for the sale of an electrical permit under this Agreement. Failure to agree with such determination shall be a dispute within the meaning of the Disputes clause of this Agreement. Either party may withhold from any amounts due the other party such sum as each determines to be necessary to protect themselves against potential loss or liability. The rights and remedies of each party provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. File Name: RES 3840-AGREEMENT.dacRea 3810 .^.GRee~1e~ T.oeGCeRtrast ,~UOUrR 0",1t 2GQé Q2 11.000 Page 3 of 10 Prinl Special Terms & Conditions Original Copy 1 - L&I Contracts Office One Copy - Contract Manager Original Copy 2 - Contractor DRAFT L&i Contract No. K462 City of Auburn Contract No After receipt of a notice of termination, and except as otherwise directed by the Contract Manager terminating the Agreement, the other party shall: 1. Stop work under the Agreement on the date, and to the extent specified in the notice; DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a dispute board in the following manner: Each party to this agreement shall appoint a member to the dispute board. The members so appointed shail jointly appoint an additional member to the dispute board. The dispute board shall evaluate the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the dispute board shall be final and binding on the parties hereto. INDEMNIFICA nON Auburn shall defend, protect and hold harmless L&I, or any of L&I's agents, from and against all claims, suits or actions arising from both negligent and intentional actis or omissionls of Auburn, or agents of Auburn while performing the terms of this Agreement. L&I shall defend, protect and hold harmless Auburn, or any of Auburn's agents, from and against all claims, suits or actions arising from both negligent and intentional actis or omission/s of L&I, or agents of L&I, while performing the terms of this Agreement. In the case of negligence of both L&I and Auburn, any damages allowed shall only be levied in proportion to the percentage of negligence attributable to each party. ASSURANCES Each party agrees that all activity pursuant to this Agreement will be in accordance with all the applicable current or future federai, state and local laws, rules, and regulations. GOVERNANCE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. ORDER OF PRECEDENCE The items listed below are incorporated by reference herein. In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the foilowing order: 1. Applicable Federal and Washington State Statutes and Regulations; 2. SpecIal Terms & Conditions as contained in the basic Agreement; 3. Statement of Work, Attachment A; 4. Any other provisions of the Agreement incorporated by reference or otherwise. ASSIGNABILITY The work to be provided under this Agreement, and any claim arising thereunder, shall not be assigned or delegated by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. SUBCONTRACTS· With prior written consent of Auburn, L&I may enter into subcontracts for any of the work or services contemplated under this Agreement. Consent shall not be unreasonably withheld. This clause does not include contracts of employment between the L&I and personnel assigned to work under the Agreement. L&I is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this Agreement are carried forward to any subcontracts. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shail be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, or part thereof if such remainder conforms to the terms and requirements of applicable law and the intent of this Agreement and to this end the provisions of this Agreement are declared to be severable. WAIVER Unless the Agreement is amended in writing by an authorized representative of either party, waiver of a default under this Agreement, or failure by either party to exercise its rights shall not: . be considered a modification or amendment to the Agreement; or . constitute a waiver of any subsequent default. File Name: RES 3840-AGREEMENT.docRES 3ß1G ~CR¡¡;EMENT".oCentFaot ,~"13"", sra1t2GG¡¡ G214.soo Page 4 of 10 Print Special Terms & Conditions Original Copy 1 - L&I Contracts Office Ono Copy - Contract Manager Original Copy 2 - Contractor DRAFT L&I Contract No. K462 City of Auburn Contract No CONTRACT MANAGEMENT The Contract Manager for each of the parties shaH be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Contract Manaaer for the Contractor is: The Contract Manaaer for L&I is: James Tinner Ronaid Fuller City o( Auburn 25 West Main St. Auburn, WA 98001-4998 Phone: (253) 804-3121 FAX: (253) 804-3114 E-Mail: jtinner@auburnwa.gov Department of Labor & Industries PO Box 44460 Olympia WA 98504-4400 Phone: (360)902-5249 FAX: (360)902-5229 E-Mail: fulr235[a)lnLwa.qov ALL WRITINGS CONTAINED HEREIN This Agreement consists of six (6) pages including the following attachments: Attachment A, Statement of Work This Agreement sets forth in full all the terms and conditions agreed upon by the parties. Any other agreement, representation, or understandings, verbal or otherwise, regarding the subject matter of this Agreement sha1l be deemed to be null and void and of no force and effect whatsoever. IN WITNESS WHEREOF, the parties have executed this Agreement. City of Auburn State of Washington Planning and Community Development Department of Labor & Industries James Tinner Building Official (Date) Patrick Woods Assistant Director (Data) APPROVED AS TO FORM ONLY Approval on File. date Name: Auburn Attorney APPROVED AS TO FORM ONLY Approval on File. date Name: L&I AAG COLLECTIVE BARGAINING AGREEMENT L&I shall contract for and administer services contracts in a manner consistent with the Collective Bargaining Agreement between L&I and the Washington Federation of State Employees, Council 28. File Name: RES 3840-AGREEMENT.docRES ;¡g1Q P.GREEM¡¡ÞIT<loGCoRtraGt A"""," omit 290.92 11.<loc Page 5 of 10 I Print Special Terms & Conditions Original Copy 1 - L&I Contracts Office One Copy - Contract Manager Original Copy 2 - Contractor DRAFT L&i Contract No. K462 City of Auburn Contract No ATTACHMENT A STATEMENT OF WORK L&I and Auburn shall each furnish the necessary personnel and services and otherwise do all things necessary for or incidental to the performance of work as set forth below: L&I Responsibilities: 1. Sell electrical permits for electrical work done within the city limits of Auburn. Permit fees will be based on the fees described in WAC 296-46B-900 plus an Auburn fee as described below; 2. Take requests for inspection for electrical work done within the city limits of Auburn; 3. Perform inspections on those requests for electrical work done within the city limits of Auburn; 4. By mid-summer, 2005, complete the design and implementation of an online, web based system (i.e. Electronic Permits & Inspection, "EPI') that allows any electrical permit purchaser to: a. Buy an electrical permit using either a credit (i.e. Master or Visa card) or debit card; and b. Make an online request for inspection of that permit; The system will be able to track eiectrical permits, requests, and inspections within Auburn separately from other permits and inspections; 5. Provide Auburn with a monthly accounting of ail permit activity within Auburn. This will include items such as: quantity and type of permits, value of monies received by L&I for Auburn, inspection activity, complaints, appeals, etc. as necessary to create a good working relationship between L&I and Auburn; 6. Transfer funds to Auburn, on a monthly basis, as necessary to cover costs as agreed upon in this Agreement; 7. Process complaints regarding department actions in coordination with Auburn's Building Official: 8. Process all appeals of department action regarding permits within Auburn using appeal methods and procedures described in chapter 19.28 RCW and chapter 296-46B WAC; 9. Perform compliance on ali licensing and permitting issues within Auburn as described in chapter 19.28 RCW and chapter 296-46B. 10. Attend regularly scheduled meetings with Auburn's building division staff to coordinate conflicts between codes and procedures. 11. Provide inspections within one working day of the request for inspection unless situations beyond the control of L&I prohibit. Auburn Responsibilities: 1. Auburn wiil set a fee above that described in WAC 296-46B-900 for all electrical permits for electrical work within Auburn. That fee will be-a-flat 25 % of the fee(s) described in WAC 296-46B- 900 for each permit sold by/for Auburn. 2. Seil electrical permits for electricai work done within the city limits of Auburn; 3. For all cash or check sales, Auburn wiil use paper application fonms provided by L&I. Auburn wiil transmit a facsimile copy of the application form to L&I on a daily basis. Auburn will track such sales and will provide L&I with a monthly accounting of those sales. Auburn will transfer funds, on a monthly basis, equal to those described in WAC 296-46B-900, for those permit sales. 4. Until L&I has completed the "EPI" system, Auburn wiil sell permits using paper application forms provided by L&I. Auburn will transmit a facsimile copy of the application form to L&I on a daily basis. Auburn will track such sales and wili provide L&I with a monthly accounting of those sales. Auburn will transfer funds, on a monthly basis, equal to those described in WAC 296-46B-900 for those permit sales. 5. After L&I has completed the "EPl"system, Auburn will use the "EPI" system to complete all credit (i.e. Master or Visa card) and debit card sales. Auburn wiil print the receipt for such sales for the customer's use. 6. Take requests, as necessary, for inspection for electrical work done within the city limits of Auburn and transmit such requests to L&I by facsimile copy. File Name: RES 3840~AGREEMENr.docR[S 38-19 ,^.GP,BEMEÞ.'T.àeeCsntrRet /1:I];¡l;Jffi èfaft 21;'95 92 11.à8e General Terms & Conditions, Attachment A pade 6 of 11 DRAFT L&I Contract No. K462 City of Auburn Contract No 7. Assist customer inquiries regarding electric permit and inspection requirements. Forward such inquiries to the appropriate L&I representative when needed. 8. Coordinate inspection efforts with L&I to reduce redundancies andlor conflicting code requirements. File Name: RES 3840-AGREEMENT.docR£S ~&A9~.CRgE.þfEÞ;'f.(i8£C8ßtFaet .~.\!-Ð1:H1J sTan 2905 02 ] 1.iÌee General Terms & Conditions, Attachment A Page 7 of 11