HomeMy WebLinkAbout3840RESOLUTION NO. 3 8 4 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.
SI
DATED AND SIGNED THIS -21 day of March, 2005.
CITY BU
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
Resolution No. 3840
March 15, 2005
Page 2
APPROVED AS TO FORM:
Resolution No. 3840
March 15, 2005
Page 3
City Attorney
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 Telephone: 253-931-3090
Dept of Planning & Community Development Facsimile: 253-804-3114
25 West Main Street
Auburn, WA 98001-4998 E-mail: permitcenter@auburnwa.gov
(hereinafter called "Auburn").
PURPOSE
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
STATEMENT OF WORK
Auburn and L&I shall 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
Statement of Work, 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, attached hereto and incorporated herein.
PERIOD OF PERFORMANCE
Regardless of the date of signature and subject to its other provisions, this Contract shall begin on
June 27, 2005, and end on June 26, 2009, unless terminated sooner or extended by L&I as
provided herein.
COMPENSATION
Auburn shall pay L&I an amount not to exceed the electrical permit fee described in WAC 296-466-
900 for the performance of all things necessary for or incidental to the performance of electrical
inspections requested within the city limits of Auburn as set forth in the Statement of Work,
Attachment A, which is attached hereto and incorporated by reference herein. Auburn shall charge
a 25% handling fee to contractors when selling electrical permits for work performed within the city
limits of Auburn and shall retain the fee. L&I shall charge a 25% handling fee to contractors when
selling electrical permits for work performed within the city limits of Auburn and shall forward the
handling fees to Auburn.
INSURANCE
Auburn shall provide insurance coverage as set out in this section. The intent of the required
insurance is to protect L&I should there be any claims, suits, actions, costs, damages or expenses
arising from acts or omissions of the Auburn or Subcontractor, or agents of either, while performing
under the terms of this Contract.
Auburn shall provide insurance coverage which Auburn shall maintain in full force and effect during
the term of this Contract as follows:
File Name Final Contract. 061 305.doc Page 1 of 9
Special Terms & Conditions
Original Copy 1 - L&I Contracts Office
Original Copy 2 - City of Auburn
Printed: June 13, 2005
One Copy - Contract Manager
L&I Contract No. K462
City of Auburn Contract No
Commercial General Liability Insurance Policy: Provide a Commercial General Liability
Insurance Policy, including contractual liability, in adequate quantity to protect against legal
liability arising out of contract activity but no less than $1,000,000 per occurrence.
Additionally, Auburn is responsible for ensuring that any Subcontractors provide adequate
insurance coverage for the activities arising out of subcontracts.
Automobile Liability: In the event that services delivered pursuant to this Contract involve the
use of vehicles, either owned or unowned by Auburn, automobile liability insurance shall be
required. Auburn shall notify his insurance carrier of the business use and submit to L&I a
statement from the carrier acknowledging that Auburn is insured for such use. This
statement may be, for instance, a notation of coverage on the insurance certificate/s. The
minimum limit for automobile liability is:
$1,000,000 Per Occurrence, using a Combined Single Limit for bodily
injury and property damage.
3. Burglary & Robbery. Disappearance, Employee Dishonesty and/or Fidelity Bond: Auburn
shall provide insurance for 100% coverage for any loss; liability coverage from time of receipt
of currency until disposition, including carrier liability protection on the premises as well as
delivery to L&I.
Auburn shall provide Burglary & Robbery coverage as well as Disappearance. While
transporting State of Washington property, the named insured shall not carry more property
value, in any one vehicle and/or at any one time, than the liability limit cited on the insurance
certificate for any one loss.
Auburn shall provide Employee Dishonesty coverage or a Fidelity Bond covering all their
employees with a $1,000,000 limit.
4. The insurance required above shall be issued by an insurance company(s) authorized to do
business within the state of Washington, and shall name the state of Washington, its agents
and employees as additional insureds under the insurance policy(s). All policies shall be
primary to any other valid and collectable insurance. Auburn shall instruct the insurers to
give L&I 30 days advance notice of any insurance cancellation.
5. Submit to L&I prior to the Contract's effective date a certificate of insurance which outlines at
the least the coverage and limits defined in this section, Insurance, and in the attached
General Terms and Conditions, Attachment A. Contractor shall submit renewal certificates
on a yearly basis during the term of the Contract.
CONFIDENTIALITY
The use or disclosure by either 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 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 all
books, records, documents, and other materials relevant to this Agreement for six years after
File Name FinalContract.061305.doc Page 2 of 9
Special Terms & Conditions
Original Copy 1 - L&I Contracts Office
Original Copy 2 - City of Auburn
Printed: June 13, 2005
One Copy - Contract Manager
L&I Contract No. K462
City of Auburn Contract No
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.
RIGHTS IN DATA
Data which originates from this Agreement shall be and remain the property of the originating
party. Data shall include, but not be limited to reports, documents, drawings, specifications,
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.
RECORDS MAINTENANCE & RIGHTS OF INSPECTION
Each party shall maintain books, records, documents and other evidence, which sufficiently and
properly reflect all direct and indirect costs expended by either party in the performance of the
services described herein. These records shall be subject at all reasonable times for inspection,
review, or audit by personnel of both parties, other personnel duly authorized by either party, the
Office of the State Auditor, and federal officials so authorized by law, , in order to monitor and
evaluate performance, compliance, and/or quality assurance of internal 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. Each party shall make available information necessary for
the other party to comply with a client's right to access, amend, and receive an accounting of
disclosures of their Personal Information. The parties will retain all books, records, documents,
and other material relevant to this Agreement for six years after the expiration date. The Office of
the State Auditor, federal auditors, and any persons duly authorized by the agencies shall have full
access to and the right to examine any of these materials during this period.
SAFEGUARDING OF PERSONAL INFORMATION
Each party shall not use or disclose Personal Information in any manner that would constitute a
violation of federal law 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, publish, 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 their unauthorized use or disclosure
Any breach of this clause may result in termination of the Agreement and the demand for return of
all Personal Information.
File Name FinalContract.061305.doc Page 3 of 9
Special Terms & Conditions
Original Copy 1 - L&I Contracts Office
Original Copy 2 - City of Auburn
Printed: June 13, 2005
One Copy - Contract Manager
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.
NONDISCRIMINATION & CIVIL RIGHTS
During the performance of this Agreement, 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 disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
AGREEMENT ALTERATIONS 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.
TERMINATION FOR DEFAULT
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 violation 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.
TERMINATION 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.
File Name FinalContract.061305.doc Page 4 of 9
Special Terms & Conditions
Original Copy 1 - L&I Contracts Office
Original Copy 2 - City of Auburn
Printed: June 13, 2005
One Copy - Contract Manager
L&I Contract No. K462
City of Auburn Contract No
Each party shall pay to the other party an 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 a determination shall be a dispute within the meaning of the Disputes clause
of this Agreement.
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.
After receipt of a notice of termination, and except as otherwise directed by either 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 shall 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.
INDEMNIFICATION
Each party to this Agreement will be responsible for the negligent acts or omissions of its own
employees, officers, and/or agents in connection with or incidental to the performance of this
Agreement. Neither party will be considered the agent of the other and neither party assumes any
responsibility to the other party for the consequences of any act or omission of any person, firm, or
corporation not a party to this Agreement.
ASSURANCES
Each party agrees that all activity pursuant to this Agreement will be in accordance with all the
applicable current or future federal, 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 following 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 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.
File Name FinalContract.061305.doc Page 5 of 9 Printed: June 13, 2005
Special Terms & Conditions
Original Copy 1 - L&I Contracts Office One Copy - Contract Manager
Original Copy 2 - City of Auburn
L&I Contract No. K462
City of Auburn Contract No
SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference
shall 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.
CONTRACT MANAGEMENT
The Contract Manager for each of the parties shall be responsible for and shall be the contact
person for all communications and billings regarding the performance of this Agreement.
The Contract Manager for the City of Auburn:
The Contract Manager for L&I:
James Tinner
Ronald Fuller
City of Auburn
Department of Labor & Industries
25 West Main St.
PO Box 44460
Auburn, WA 98001-4998
Olympia WA 98504-4400
Phone: (253) 804-3121
Phone: (360)902-5249
FAX: (253) 804-3114
FAX: (360)902-5229
E-Mail: jtinner@auburnwa.gov
E-Mail: fu1r235(@lni.wa.gov
DEFINITIONS
As used throughout this Contract, the following terms shall have the meanings set forth below:
1 "Contract Manager" means the representative identified in the text of the Contract who is
delegated the authority to administer the Contract.
2. "Individually Identifiable Health Information" is a subset of health information, including
demographic information collected from an individual and relates to the past, present, or future
physical or mental health or condition of an individual; the provision of health care to an
individual; or the past, present or future payment for the provision of health care to an
individual, as set forth in 45 CFR 4 164.501 as currently enacted and subsequently amended or
revised.
3. "Personal Information" means information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers or Protected Health
Information, any financial identifiers, and other information that may be exempt from disclosure
to the public or other unauthorized persons under either RCW 4Z 17.310 or other state and
federal statutes.
4. "Protected Health Information" means Individually Identifiable Health Information that is
transmitted by electronic media, or transmitted or maintained in any other form or medium, as
set forth in 45 CFR 4 164.501, as currently enacted and subsequently amended or revised.
5. "Subcontractor" means one not in the employment of Auburn, who is performing all or part of
those services under this Contract under a separate contract with Auburn. The terms
"Subcontractor" and "Subcontractors" mean Subcontractor(s) in any tier.
File Name FinalContract.061305.doc Page 6 of 9 Printed: June 13, 2005
Special Terms & Conditions
Original Copy I - L&I Contracts Office One Copy- Contract Manager
Original Copy 2 - City of Auburn
L&I Contract No. K462
City of Auburn Contract No
ALL WRITINGS CONTAINED HEREIN
This Agreement consists of seven (7) pages including 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 shall 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
Plann nd C u "y evelopment
J N 1 7
Pete . Lewis (Date)
Mayor
APO' 2(j1VD F~R I ONLY
D eid
City Attorney -
State of Washington
Department of Labor & Industries
2005
Patrick Woods (Date) /
Assistant Director
APPROVED AS TO FORM ONLY
Martha French
Assistant Attorney General
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 FinalContract.061305.doc Page 7 of 9
Special Terms & Conditions
Original Copy 1 - L&1 Contracts Office
Original Copy 2 - City of Auburn
Printed: June 13, 2005
One Copy - Contract Manager
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, equipment, material and/or services and
otherwise do all things necessary for or incidental to the performance of work as set forth below:
L&I Responsibilities:
1. L&I shall sell electrical permits for electrical work to be performed within the city limits of
Auburn.
2. L&I shall charge the rate described in WAC 296-46B-900 for each electrical permit sold plus
an additional 25% handling fee.
3. At the end of each month L&I shall transfer funds equal to the 25% handling fees collected for
each Auburn electrical permit sold by L&I that month. The funds shall be transferred within 10
days of the last day of the month, or more frequently as required by the State Treasurer's
office and agreed to by both parties.
4. L&I shall take requests for electrical inspections for electrical work done within the city limits of
Auburn and perform inspections for those requests.
5. L&I shall provide Auburn with a monthly report of all permit activity within the City of Auburn.
This report will include information on quantity and type of permits, dollar amounts of permits
and handling fees received, inspection activity, complaints, appeals and exceptions, as
necessary to create a good working relationship between L&I and Auburn;
6. L&I shall 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;
7. L&I shall perform compliance on all licensing and permitting issues within Auburn as
described in Chapter 19.28 and Chapter 296-46B RCW.
L&I shall complete the design and implementation of an online, web based system, Electronic
Permits & Inspection ("EPI'), that will allow 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 "EP/" system will track electrical permits, requests, and inspections within Auburn
separately from other permits and inspections.
9. L&I shall provide training for Auburn staff on the use of the EPI system.
10. Work together with Auburn to resolve any cash adjustments due to voids and refunds.
Auburn Responsibilities:
1. Auburn shall sell electrical permits for electrical work to be performed within the city limits of
Auburn;
2. Auburn shall charge the rate described in WAC 296-46B-900 for each electrical permit sold,
plus an additional 25% handling fee.
3. For all electrical permits sold by cash, check, credit or debit card, Auburn shall:
a. Use their own cash receipts processing system, and shall print a receipt for such sales
for the customer's use.
b. Use paper application forms provided by L&I;
c. Transmit a facsimile copy of each application form to L&I on a daily basis;
File Name: FinalContract.061305.doe Page 8 of 9 Printed: June 13, 200`.
Statement of Work, Attachment A
L&I Contract No. K462
City of Auburn Contract No
d. Maintain daily records of electrical permit sales and provide L&I with a monthly report
of sales including number of receipts, voids and exceptions;
e. Work together with L&I to resolve any cash adjustments due to voids and refunds;
f. Provide secure storage of cash and checks until deposited in bank; funds shall be
deposited within days of receipt;
g. At the end of each month transfer funds to L&I equal to the amount collected for
Auburn electrical permits sold that month, less the 25% handling fee. The funds shall
be transferred within 10 days of the last day of the month, or more frequently as
required by the State Treasurer's office and agreed to by both parties..
4. Upon completion of the L&I "ER" system, Auburn shall:
a. Utilize the "ER" system to record all electrical permits sold, and shall record all
payments for electrical permits into their own cash receipts system.
b. Provide the customer with a copy of the electrical work permit to post on the job from
the "EPI" system and a receipt from their cash receipts system.
5. Auburn shall accept requests, as necessary, for inspection of electrical work done within the
city limits of Auburn and transmit such requests to L&I by facsimile copy.
6. Auburn shall not be responsible for collecting any "fees due" that may be owed to L&I by the
customer.
File Name: Fina[Contract.061305.doc Page 9 of 9 Printed: June 13, 200'
Statement of Work, Attachment A
L&I Contract No. K462-1
Amendment No. 1 to
CONTRACT NO. K462
BETWEEN
STATE OF WASHINGTON
DEPARTMENT OF LABOR & INDUSTRIES
and
CITY OF AUBURN
L&I Contract No. K462, including any subsequent modifications thereto, between the
Department of Labor & Industries (hereinafter called "L&I"), and the City of Auburn
(hereinafter called the "Contractor"), is hereby amended under the provisions of the
Agreement Alterations and Amendments clause and by the mutual consent of all parties hereto,
as follows:
Statement of Work, Attachment A, is hereby amended by adding the following provision
at the end of item number 4 under L&I Responsibilities:
Timely response to inspection requests is a priority of the Contractor. L&I therefore agrees
to provide next day inspection services for all "critical path" work, unless all inspectors are
unavailable due to training, in which case, inspection requests shall be completed on the
next available work day. "Critical path" means that the lack of inspection will delay other
trades in their progress on the jobsite. It is agreed that inspections for minor work such as
thermostat installations do not need to occur on the day following a request.
In order to facilitate the ability of the general public and electrical contractors to obtain
permits at the City of Auburn Permit Center for inspections within the City of Auburn and
other L&I jurisdictions, L&I will supply all paper forms, handouts and posters for electrical
permitting, inspection, and licensing and a display rack or other method necessary to
complete a display that is professional in appearance.
ACKNOWLEDGMENT
The execution of this amendment shall constitute a ratification of that earlier verbal agreement
between the parties, hereto, the terms and conditions of which are contained herein.
Accordingly, regardless of the date of execution, the effective date of this amendment shall be
March 20, 2006. All other terms and conditions of the original contract and any subsequent
amendments thereto remain in full force and effect. The parties hereby acknowledge and
accept the terms and conditions of this Amendment which is executed by the persons signing
below who warrant that they have the authority to execute it on behalf of L&I and the
Contractor.
IN WITNESS WHEREOF, the parties have executed this Amendment.
C' burn
P nnin Co ity Developme
Peter B. Lewis ate
Mavnr
State of Washington
Department of Labor & Industries
Patrick Woods Date
Ae~i~f~-+ r%;--+-
--3214C.
Amendment No. 2 to
CONTRACT NO. K462
BETWEEN
STATE OF WASHINGTON
DEPARTMENT OF LABOR & INDUSTRIES
and
CITY OF AUBURN
L&I Contract No. K462-2
L&I Contract No. K462, including any subsequent modifications thereto, between the
Department of Labor & Industries (hereinafter called "L&I"), and City of Auburn (hereinafter
called the "Contractor"), is hereby amended under the provisions of the AgreementA/terations
and Amendments clause and by the mutual consent of all parties hereto, as follows:
1. The end date of the period of performance is extended from June 26, 2009, to June 26,
2013.
PERFORMANCE MEASUREMENT AND MONITORING
;mNacts ai -id outi;omes acnieved as a result ofi the delivery of services may be measured
and evaluated by L&I in a Periodic Performance Measurement form. L&I may evaluate
Contractor performance at Contract completion and at least once a year. An annual
evaluation will be conducted during the sixty-day period following the Contract
anniversary date, except L&I can establish, a date which better accommodates L&I's
particular needs. The evaluation will cover the period ending with an established due
date. L&I may utilize the standardized form and/or supplement the process with special
performance factors peculiar to the specific contractual needs. Each evatuation shall
include an assessment of the Contractor's efforts toward achieving L&I's objectives. The
form is designed to aid L&I in referrals, clarify Contractor's duties and L&I expectations,
and inform Contractors of their pertormance strengths and weaknesses.
ACKNOWLEDGMENT
The execution of this amendment shall constitute a ratification of that earlier verbal agreement
between the parties, hereto, the terms and conditions of which are contained herein.
Accordingly, regardless of the date of execution, the effective date of this amendment shall be
June 27, 2009. All other terms and conditions of the original contract and any subsequent
amendments thereto remain in full force and effect. The parties hereby acknowledge and
accept the terms and conditions of this Amendment which is executed by the persons signing
below who warrant that they have the authority to execute it on behalf of L&I and the
Contractor.
IN WITNESS WHEREOF, the parties have sxectited this Amendn?ert.
City of Auburn
Planning and Community Development
,
ter . Lewis Date
Mayor
State of Wa ington
D e of b r& Industries
Ernie LaPalm Date
Deputy Director
File Name: K462-2 Amendment 3-3-09.doc Page 1 of 1 Printed: March 4, 2009