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RESOLUTION NO. 3 8 1 5
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT FOR BUILDING INSPECTION
SERVICES WITH THE CITY OF ALGONA
WHEREAS, the City of Auburn is engaged in various municipal functions,
including building inspection and plan review 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
wholesale water, fire protection and fire prevention; and
WHEREAS, the City of Algona is in need of building inspection and plan
review services and the City of Auburn has the qualifications and capacity to
provide these services to the City of Algona, and
WHEREAS, the City will be compensated for providing these services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
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.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
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Resolution 3815
January 26, 2005
Page 1
Dated and Signed this ïH' day of ~D{lAcd{')
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CITY OF AUBURN
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PETER B, LEWIS
MAYOR
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ATTEST:
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Da 'elle E. Daskam,
City Clerk
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Resolution 3815
January 26, 2005
Page 2
AGREEMENT FOR BUILDING INSPECTION SERVICES
BETWEEN THE CITIES OF AUBURN AND ALGONA
THIS AGREEMENT, is entered between the Cities of Auburn and Algona,
1- 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 part-time plan review and building inspection services,
1,3 Auburn employs full-time Building Inspectors and Plan Reviewers, and has the
capacity to make these services available to Algona on a Contract basis,
1.4 The Interlocal Cooperation Act, chapter 39,34 RCW, and the State Building Code
Act, chapter 19,27, both authorize Auburn and Algona to contract for the provision of building
inspection services,
UPON the foregoing premises, and in consideration of the rnutual undertakings set forth
below, it is agreed as follows:
II - AGREEMENT
2,1 Scope of Services, Auburn shall supply building inspection and plan review
services to Algona on an "as needed" basis, as directed by Algona's Public Works Director
(PWD) or Mayor, subject to the availability of Auburn personnel to perforrn such services
(Services), The Services may include plan review, inspection services and required record
keeping within the corporate limits of Algona, The Services shall not include any detemninations
relating to zoning, planning, flood hazard, water availability or any other matter outside of plan
review, inspection services and record keeping, which shall at all times be the sole responsibiiity
of Algona,
2,2 Standard of Services, Auburn's building inspector or inspectors shall competently
and courteously perfomn the Services, in accordance with the various codes published by the
International Code Council and the International Association of Plumbing and Mechanical
Officials and adopted by reference by Algona, and shall comply with all federal, state and local
statutes, rules and ordinances applicable to the performance of such services,
2,3 Request for Services, When Algona desires Auburn to perform Services, Algona
shall notify Auburn not later than 4:30 p,rn, of the day prior to the day the Services are to be
performed, In the event Auburn does not have personnel available, Auburn shall notify Algona
not later than 8:30 a,m, of the day following the request.
2.4 Performance of Services, When Services have been requested and Auburn is
able to perform Services, the Auburn building inspector 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 4:30 p,rn, Monday through Friday, Work outside of normal business
hours shall be only as authorized by the Algona PWD or Mayor with the approval of the Auburn
Building Official. Algona shall provide appropriate desk space and administrative support for
perforrnance of the Services. The Auburn building inspector shall maintain an accurate record
of tirne spent in perfomnance of Services pursuant to this Agreement each day,
2,5 Cornpensation,
2,5,1 During 2005, Algona shall pay Auburn at the rate of fifty dollars ($50,00)
per hour, 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 inspection or plan review 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,
2,5,2 Effective January 1,2006, the hourly rates shall be $51,OO/hour
2,5,3 Effective January 1,2007, the hourly rates shall be $52,OO/hour,
2,6 Ownership and Use of Documents, All documents, drawings, specifications and
other rnaterials produced by the Auburn building inspector in performance of the Services shall
be and remain the property of Algona, All documents created to document the Auburn building
inspector'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 Buildinq Inspector. The Auburn building inspector or inspectors
performing Services under this Agreement shall be and remain the ernployees 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 building inspector's primary responsibility shall be to
Auburn, Perfomnance of Services under this Agreement is subject to the Auburn building
inspector's availability after performing normal duties in Auburn,
2,8 Indemnification,
2,8,1 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 harrnless from any and all claims
arising from such negligent acts, errors 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 Algona shall rnaintain 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 Algona's membership in a municipal self-insurance pool,
including evidence of limits of coverage, 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 iiability 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 coverage, exclusions and limits of liabiiity satisfactory to Algona,
2,10 Termination,
2,10,1 This Agreement may be terminated by either party for its convenience
upon giving sixty (60) days written notice to the other, provided, however, Algona may require
the Auburn building inspector to see through to completion any building projects, excluding
single family residences, under construction 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 oral or 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 building inspector meets its
standards of competence in perfomnance of Service under this Agreement, and shall have the
authority to immediately suspend the Auburn building inspector from the performance of duties if
it determines the Auburn building inspector has materially failed to meet such standards of
competence, provided, the Auburn Building Official 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 Assiqnment or Subcontractinq, Auburn shall 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 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:
Danielle Daskam, City Clerk
City of Auburn
25 Main St
Auburn, WA 98001-4998
Danielle Stafford, City Clerk/Treasurer
City of Algona
402 Warde St.
Algona, WA 98001
(253) 931-3000
(253) 833-2897
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 prevaiiing party shall be entitled, in
addition to any other relief, to an award of attorney's fees and costs of suit.
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CITY OF ALGONA
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Attest:
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Danielle Daskam... C.!.tY.7C1er:k.
Date: FEö ZU04
reasurer
Appr~ast~rT!; "f \
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Approved as to form:
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