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HomeMy WebLinkAbout3973 RESOLUTION NO.3 9 7 3 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 ENUMCLAW WHEREAS the City of Auburn is engaged in various municipal functions including building inspection and plan review services; and WHEREAS, in order to provide for such services, it IS appropriate that the City enter into to contracts with other agencies; and WHEREAS, the City of Enumclaw 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 Enumclaw, at a cost that is acceptable to the City. 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. Resolution No. 3973 January 25, 2006 Page 1 of 2 DATED and SIGNED THIS ~~~, DAY OF ~~v'^-~v\ --- ATTEST: lJriuid J:l1u~ DanieITe E. Daskam, City Clerk Resolution No. 3973 January 25, 2006 Page 2 of 2 PET R B. LEWIS MAYOR ,2006. ./ "-- r EIVED 1 ~ 2006 CITY ~GR~V"FOR BUILDING INSPECTION SERVICES BETWEEN THE CITIES OF AUBURN AND ENUMCLAW THIS AGREEMENT, is entered between the Cities of Auburn and Enumclaw. I RECITALS 1.1 The City of Auburn (Auburn) and the City of Enumclaw (Enumclaw) are each municipal corporations of the State of Washington, organized and operating under the Optional Municipal Code, title 35A RCW. 1.2 Enumclaw 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 Enumclaw 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 Enumclaw to contract tor the provision of building inspection services. UPON the foregoing premises, and in consideration of the mutual undertakings set forth below, it is agreed as follows: II AGREEMEl'-lT 2.1 Scope of Services. Auburn shall supply building inspection and plan review services to Enumclaw on an "as needed" basis, as requested by Enumclaw's Community Development Director (CDD) or Administrator, subject to the availability of Auburn personnel to perform such services (Services). The Services may include plan review, AGREEMENT FOR BUILDING INSPECTION SERVICES BETWEEN THE CITIES OF AUBURN AND ENUMCLA W - 1 Exhibit A - Resolution No. 3973 inspection services and required record keeping within the corporate limits of Enumclaw. The Services shall not include any determinations relating to zoning, planning, flood hazard, water or sewer availability or any other matter outside of plan review, inspection services and record keeping, which shall at all times be the sole responsibility of Enumclaw. 2.2 Standard of Services. Auburn's building inspector or inspectors shall competently and courteously perform 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 Enumclaw, 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 Enumclaw desires Auburn to perform Services, Enumclaw shall notify Auburn not later than 4:30 p.m. 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 Enumclaw 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 Enumclaw 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.m. Monday through Friday. Work outside of normal business hours shall be only as authorized by the Enumclaw CDD or Administrator with the approval of the Auburn Building Official. Enumclaw shall provide appropriate desk space and administrative support for performance of the Services. The AGREEMENT FOR BUILDING INSPECTION SERVICES BETWEEN THE CITIES OF AUBURN AND ENUMCLA W - 2 Exhibit A - Resolution No. 3973 Auburn building inspector shall maintain an accurate record of time spent in performance of Services pursuant to this Agreement each day. 2.5 Compensation. 2.5.1 During 2006, Enumclaw shall pay Auburn at the rate of fifty-one dollars ($51.00) per hour. Auburn shall invoice Enumclaw monthly for all money due under this Agreement, and Enumclaw 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 Enumclaw 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 The total amount of compensation under this contract in 2006 shall be no more than $20,000. 2.5.3 The amount of compensation and hourly rates for years following 2006 shall be adjusted by the same rate as is used by the City of Auburn for its non-represented employee cost of living adjustments for the year in which the fees and charges shall apply. 2.6 Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Auburn building inspector in performance of the Services shall be and remain the property of Enumclaw. All documents created to document the Auburn building inspector's time shall be the property of Auburn, provided, Auburn shall provide copies to Enumclaw as back up for each monthly invoice. AGREEMENT FOR BUILDING INSPECTION SERVICES BETWEEN THE CITIES OF AUBURN AND ENUMCLA W - 3 Exhibit A - Resolution No. 3973 2.7 Status of Auburn Building Inspector. The Auburn building inspector or inspectors performing Services under this Agreement shall be and remain the employees of Auburn for all purposes, and shall not be an employee of Enumclaw. Enumclaw'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. Performance 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 Enumclaw 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. Enumclaw and Auburn each agree to hold the other harmless from any and all negligent acts, errors or omissions, each holding the other harmless from any and all claims arising from such negligent acts, errors or omissions, and including in such hold 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 Enumclaw shall maintain in full force throughout the duration of this Agreement comprehensive general liability insurance with a minimum coverage of AGREEMENT FOR BUILDING INSPECTION SERVICES BETWEEN THE CITIES OF AUBURN AND ENUMCLA W - 4 Exhibit A - Resolution No. 3973 $1,000,000 per occurrence/aggregate for personal injury and property damage. This requirement shall be deemed satisfied by evidence of Enumclaw's membership in a municipal self-insurance pool, including evidence of limits of coverages, exclusions and limits of liability satisfactory to Auburn. 2.9.2 Auburn shall maintain in full force throughout the duration of this Agreement comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence/aggregate for personal injury and property damage. This requirement shall be deemed satisfied by evidence of Auburn's membership in a municipal self-insurance pool, including evidence of limits of coverages, exclusions and limits of liability satisfactory to Enumclaw. 2.10 Term. 2.10.1 The term of this Agreement shall be for an initial period of five /5(- years, commencing on the ~ dayof~~ , 2006; Provided, however, that this Agreement shall automatically renew for an additional five year period of time unless terminated pursuant to the procedures herein below. It is further provided, however, that the city councils of the parties hereto may evaluate any such renewal prior to it becoming effective by giving notice to the other party. 2.11 Termination. 2.11.1 This Agreement may be terminated by either party for its convenience upon giving sixty (60) days written notice to the other, provided, however, Enumclaw 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 AGREEMENT FOR BUILDING INSPECTION SERVICES BETWEEN THE CITIES OF AUBURN AND ENUMCLA W - 5 Exhibit A - Resolution No. 3973 notice of termination if in Enumclaw's estimation termination of the Services with respect to such project would cause Enumclaw undue hardship or exposure to liability. 2.11.2 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. Enumclaw shall have the sole discretion to determine whether the performance of any Auburn building inspector meets its standards of competence in performance 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. 2.12 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, llational origin, marital status, or the presence of any sensory, mental or physical handicap. 2.13 No Assignment or Subcontracting. Auburn shall not assign or subcontract any portion of the Services under this Agreement without the prior written consent of Enumclaw. 2.14 Entire Agreement. 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. AGREEMENT FOR BUILDING INSPECTION SERVICES BETWEEN THE CITIES OF AUBURN AND ENUMCLA W - 6 Exhibit A - Resolution No. 3973 2.15 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 Cathy Burbank Secretary, Community Dev. 1309 Myrtle Ave Enumclaw,W A 98022 2.16 Applicable Law. Venue and Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event of any suit, arbitration or other proceeding instituted to enforce any term of this Agreement, the venue shall be King County, Washington, 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 OF AUBURN ~~ CITY OF ENUMCLA W ,~ " -~- / Pete Lewis, Mm - 6 l006 Date: Attest: Jo ' . Wis~,_Mayor f:, D te: .--J l(j-() Attest: J){l~u~ ~lli~~0 City Clerk Date: J - 6 '-0 ({.J ~2~~~Z City Clerk . . Date: /7 'dL;-cr;; Approved as to form: ~~QG\ AGREEMENT FOR BUILDING INS ION SERVICES BETWEEN THE CITIES OF AUBURN AND ENUMCLA W - 7 Exhibit A - Resolution No. 3973 . . City Attorney Date: FFR - 6 ?006 City Attorney ;:(_ ,/ L-L - / Date: / ex /. Ov AGREEMENT FOR BUILDING INSPECTION SERVICES BETWEEN THE CITIES OF AUBURN AND ENUMCLA W - 8 Exhibit A - Resolution No. 3973