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12/04/2012 08 Building Inspection Services Agreement with the City of Selah • .f , l Fr i BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. q For Meeting of: December 4, 2012 ITEM TITLE: Resolution authorizing an Interlocal Agreement with Selah, Washington, for the City of Yakima to provide building inspection services. SUBMITTED BY: Joe Caruso, Code Administration Manager CONTACT PERSON /TELEPHONE: Joe Caruso 509 - 575 - 6257 SUMMARY EXPLANATION: An Interlocal Agreement with the City of Selah WA. for the City of Yakima to provide building inspection services on request. With several large projects in the near future, Selah will need assistance. • Resolution X Ordinance Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Phone: Source: APPROVED FOR SUBMITTAL: 4:411:6,e,....,.... City Manager STAFF RECOMMENDATION: Adopt resolution for Interlocal Agreement with Selah WA. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download D resolution selah building O Resolution adopting Interlocal Agreement with Selah WA. for the City of Yakima to provide building inspection services • • RESOLUTION NO. R -2012 - A RESOLUTION approving and authorizing the City manager to execute an interlocal agreement between the City of Yakima and City of Selah for building inspection services. WHEREAS, the City of Yakima and City of Selah have provided building inspection services for their respective jurisdictions; and WHEREAS, the City of Selah is in need of and desires to retain the services of City of Yakima building inspector services on an as- needed basis in order to provide and maintain levels of service for the benefit of residents of the City of Selah; and WHEREAS, the City of Yakima has the ability to provide building inspection services on such basis; and WHEREAS, the City of Yakima and City of Selah are authorized to enter into an interlocal agreement for the provision of such services pursuant to Chapter 39.34 RCW; and WHEREAS, the City Council of the City of Selah has previously approved such agreement pursuant to resolution adopted November 13, 2012; and • WHEREAS, the City Council finds and determines that approval of such interlocal - agreement is in the best interests of residents of the City of Yakima and will promote interlocal cooperation and the general health, safety and welfare; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The "Interlocal Agreement between City of Yakima and City of Selah for Building Inspection Services," a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby approved; and the City Manager is hereby authorized to execute and administer such agreement; now, therefore, ADOPTED BY THE CITY COUNCIL this 4th day of December, 2012. ATTEST: Micah Cawley, Mayor City Clerk • CITY OF SELAH, WASHINGTON RESOLUTION NO.[) 9-( A RESOLUTION authorizing the Mayor to sign an Interlocal Agreement between the City of Selah and the City of Yakima for building inspection services. - WHEREAS, the City of Selah and City of Yakima each provide building inspection services for their respective jurisdictions; - WHEREAS, the City of Selah is in need of and desires to retain the services of Yakima building inspectors on an as- needed basis in order to provide and maintain levels of service for the benefit of the citizens of Selah; WHEREAS, the City of Yakima has the ability to provide building inspection services to the City; and, WHEREAS, the City and the City of Yakima each have authority pursuant to RCW 39.34 to enter into interlocal agreements to cooperatively provide governmental services, including but not limited to building inspection services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELAH, WASHINGTON, HEREBY RESOLVES as follows: The Mayor is authorized to sign an Interlocal Agreement between the City of Selah and the City of Yakima for building inspection services. • PASSED this 13 day of November, 2012. • fr I . Jo .•y1 M , Mayor ATTEST. APPROVED T e FORM: . /Altifft. ' ►` .i o o •i , • er r . urer IT F. Noe, City Attorney INTERLOCAL AGREEMENT BETWEEN CITY OF YAKIMA AND CITY OF 0 SELAH FOR BUILDING INSPECTION SERVICES THIS INTERLOCAL AGREEMENT is made and entered by and between the City of Yakima and City of Selah for the provision of building inspection services as set forth below. I. PREAMBLE A. CITY OF YAKIMA is a municipal corporation of the State of Washington, with City Hall located at 129 North 2nd Street, Yakima, Washington 98901. B. CITY OF SELAH is a municipal corporation of the State of Washington, with City Hall located at 115 W. Naches Avenue, Selah, Washington 98942, and with Code Enforcement offices located at 113 W. Naches Avenue, Selah, Washington. 98942. C. City of Selah and City of Yakima each provide building inspection services for their respective jurisdictions and currently operate code enforcement and building inspection divisions. Selah desires to retain the services of Yakima building inspectors on an as- needed basis in order to provide and maintain levels of service for the benefit of the citizens of Selah. D. City of Yakima has the ability to provide building inspection services, as described herein and below, to City of Selah. E. City ;of Yakima and City of Selah each have authority pursuant to Chapter 39.34 RCW to enter into interlocal agreements to cooperatively provide governmental services, including but not limited to building inspection services. 11. AGREEMENT WHEREFORE, pursuant to the authority provided in Chapter 39.34 RCW, and in consideration of the mutual covenants, promises, conditions and benefits herein, the parties agree as follows: 1. Services Provided. City of Yakima will make available to City of Selah the services of one or more building inspectors, subject to the conditions provided below, to perform building inspection services and related building permit processing for properties and projects within the City of Selah. Such services will be provided by City of Yakima to City of Selah to the extent qualified personnel are available to provide said 1 ORIGINAL services, when and as requested by City of Selah from time to time on as "as needed" basis. 2. Primary Duty. The parties understand and agree that the primary duty of rY tY City_ of Yakima building inspectors is to provide building inspections and permit = processing for properties and projects within the City of Yakima. City of Yakima • reserves -the right to decline any request by City of Selah for building inspection services under this Agreement when, in the opinion of the City of Yakima Building Official, provision of such services for City of Selah conflict with the primary duty of City of Yakima building inspectors to provide services for and on behalf of properties and projects within the City of Yakima. 3. Compensation for Services. City of Selah agrees to pay City of Yakima the established hourly rate of pay for each City of Yakima building inspector that performs - service under this agreement, which building inspection service has been requested by City of Selah. In addition to the hourly rate of pay, currently at $27.32 for 2012, an additional sum equal to fifty percent (50 %) of such hourly rate of pay shall be added to cover and defray costs of employee benefits normally included in such employee's compensation, together with associated administrative costs of City of Yakima. 4. Reimbursement of Costs. In addition to the compensation set forth in • Section 3 above, City of Selah shall reimburse City of Yakima for the vehicle mileage incurred by City of Yakima building inspectors in performance of duties requested by City of Selah pursuant to this Agreement. Reimbursement of mileage shall be at the rate established and in effect at the time of service pursuant to rules and regulations of the U.S. General Services Administration for privately owned vehicles (POV), which rate currently is $0.55 per mile. 4. Billing for Services. City of Yakima shall provide City of Selah a monthly billing for services rendered during the previous month or such other period conforming to the normal billing procedures of City of Yakima. Billings will be supported by an invoice showing hours worked by each building inspector performing work for City of Selah during the billing period, together with vehicle mileage incurred. City of Selah will promptly pay such bills in conformity with its established payment procedures. 5. Cooperative Scheduling of Services. City of Yakima and City of Selah shall cooperate in the scheduling of services of City of Yakima building inspectors. City of Yakima reserves the right to schedule its employees at all times in order to preserve the primary duty of its employees to serve projects and properties within the City of Yakima, • 2 OR 6. Cooperative Performance of Duties. City of Yakima will cooperate with City of Selah regarding compilation of data, processing and reporting of building inspections and permit processing performed for City of Selah. The parties will jointly provide for the most efficient and cost - effective methods and procedures to enable processing of permits, inspections and appropriate reports. i . 7. Administration and Contacts. This Agreement shall be jointly administered by the City of Yakima Building Division and City of Selah Public Works Department, or their respective designees. The contact information for each party shall be as set forth below, or as otherwise provided in writing to the other party: City of Yakima City of Selah Glenn Denman Joseph K. Henne Building Official Public Works Director 129 North 2nd Street 113 N. Naches Avenue Yakima, WA 98901 Selah, WA 98942 Phone: (509) 575 -6268 Phone: (509) 698 -7365 8. Acquisition of Property and Assets. The parties do not intend to jointly acquire or manage any property. Costs, expenses and disbursements of each party in the performance of this Agreement shall be administered separately by each party. Acquisition of property by either party shall be in accordance with the laws and procedures applicable to such party. 9. Status of Employees. Each building inspector or other employee of the City of Yakima performing services pursuant to this Agreement shall be and exclusively remain the employee of the City of Yakima, subject to the direction and control of City of Yakima. Each building inspector or other employee of the City of Selah performing services pursuant to this Agreement shall be and exclusively remain the employee of the City of Selah, subject to the direction and control of City of Selah. City of Selah and City of Yakima shall remain solely and exclusively responsible for the direction and control of its own employees, and shall be solely and exclusively responsible for the compensation of its own employees. 10. Records and Reports. Building inspection documents, reports, permits and permit reports generated by City of Yakima for City of Selah pursuant to the services provided under this Agreement shall be delivered by City of Yakima to City of Selah; provided, however, that City of Yakima shall be entitled to retain copies of such reports and documents. All such documents and reports shall be subject to disclosure pursuant 3 ORIGINAL to the Public ublic Records Act, Chapter 42.56 RCW, as applicable: City of Yakima records and reports documenting services rendered and billings based thereon shall be made available to City of Selah for inspection and copying, as appropriate, during regular business hours of City of Yakima, upon request_of City of Selah. - t 11. Waiver and Amendments. Waiver of any breach or any term or condition of this Agreement shall not waive any prior or subsequent breach. No term or condition is waived, modified or deleted except by an instrument in writing signed by both parties. 12. Entire Agreement and Modifications. This Agreement and its exhibits set forth the entire agreement of the parties with respect to the subject matter herein. The parties may supplement the Agreement by addenda or amendments, when agreed upon by both parties in writing. The parties shall attach copies of such addenda and amendments and by reference incorporate them herein. 13. Early Termination of Agreement — Effect of Termination. This Agreement may be terminated by either party upon thirty (30) days advance written notice delivered to the other party. Upon the effective date of termination, City of Yakima shall be paid all amounts earned for work performed prior to such termination, and shall deliver to City of Selah all work product determined to be the property of City of Selah. Termination of this Agreement shall not terminate the hold ,harmless provisions set forth in Section 15 below, which provisions shall remain in full force and effect. • 14. Duration and Authority. This Agreement shall become effective upon signature and authorization by both parties with copies filed with the Yakima County Auditor and City Clerk, or otherwise posted as authorized pursuant to RCW 39.34.040. This Agreement shall remain in effect for a period of five (5) years unless sooner terminated by either party pursuant to Section 13 above. Termination of this Agreement shall not terminate the hold harmless provisions set forth in Section 15 below, which provisions shall remain in full force and effect. 15. Hold Harmless and Indemnification. City of Selah shall indemnify and hold harmless the. City of Yakima, its elected and appointed officials, employees, building inspectors, agents and insurers, from any and all claims, demands, lawsuits, damages and liability arising out of the performance of this Agreement, except to the extent that such claims, demands, lawsuits, damages or liability arises out of the negligence or unlawful intentional acts of such City of Yakima personnel. City of Yakima shall indemnify and hold harmless the City of Selah, its elected and appointed officials, employees, building inspectors, agents and insurers, from any and all claims, demands, lawsuits, damages and liability arising out of the performance of this Agreement, except to the extent that such claims, demands, lawsuits, damages or liability arises out of the negligence or unlawful intentional acts of such City of Selah personnel. • 4 0 A. Notification of Claims. Each party to this Agreement shall promptly notify the other of any and all claims, actions, losses or damages that arise or are brought against that party relating to or pertaining to the property and projects described in this Agreement. B. Waiver of Immunity — Industrial Insurance. Each a agrees p rty g that its obligations A.Inder this section extend to any claim, demand and /or cause of action brought on behalf of any employees or agents. For this purpose, each party, by mutual negotiations, hereby waives, with respect to the other party only, any immunity that is otherwise available against such claims under the Industrial Insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify the other party. 16. Severability. If any term or provision of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be enforceable and effective to the fullest extent permitted by law. Further, the parties shall negotiate in good faith regarding amendments to this Agreement that would effectuate the intent of any provision held invalid or not enforceable. 17. No Third -Party Beneficiary. Nothing in this Agreement is intended to create any rights in any entity not a party to this Agreement nor is any person or entity not named a party herein a third party beneficiary to this Agreement. 18. No Public Official Liability. No provision of this Agreement nor any authority granted by this Agreement is intended to create or result in any personal liability for any public official or agent of a party, nor is any provision of this Agreement to be construed to create any such liability. 19. Assignment. The obligations in this Agreement are not subject to assignment. 20. Dispute Resolution — Governing Law — Venue. The parties shall jointly cooperate to resolve any disputes that arise hereunder. Any dispute shall first be considered by the administrative officials identified in Section 7 above. If such consideration does not resolve the dispute, the matter will be submitted to the chief executive officers of each party. If the matter remains unresolved, either party may seek appropriate relief in Yakima County Superior Court, which court shall be the venue for any action arising under this Agreement. This Agreement and all performance herein shall be construed in accordance with the laws of the State of Washington. 21. Complete Agreement. This Agreement contains the complete formulation of the parties with respect to the subject matter of this Agreement. There are no representations, agreements, or understandings, oral or written, by the parties relating to the subject matter to this Agreement that are not fully expressed in this Agreement. Each party acknowledges and represents to the other party that it is executing this Agreement solely in reliance upon its own judgment and knowledge and that it is not 5 0 n G \\,1 A L executing this Agreement based upon the representation or covenant of any other party, or anyone acting on such other party's behalf, except as expressly stated herein. WHEREFORE, this Agreement is executed and effective upon the date signed by the last party to sign below: f _ CITY OF YAKIMA CITY OF SELAH e ar • Tony O'Rourke, City Manager Joh Ali , Mayor Date: Date: November 13, 2012 ATTEST: ATTES • Alg 10-/ City Clerk City Clerk/Tre_r D•: le Novobiel i • 6 ORIGINAL