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HomeMy WebLinkAboutThe Building Department Inc CONTRACT FOR SERVICES BETWEEN CITY OF Pasco, WASHINGTON and THE BUILDING DEPARTMENT, INC, fiti THIS CONTRACT is entered into this day of 2005, by and between the CITY OF PASCO, WASHINGTON (hereinafter "the City") and THE BUILDING DEPARTMENT, INC., a Washington Corporation (hereinafter "TBD"). WHEREAS, the City intends to regulate the process for construction and improvements within its boundaries to ensure compliance with its comprehensive plan and with its pertinent ordinances, laws, and regulations and to assure the overall operation of said enforcement; and WHEREAS, TBD possesses knowledgeable and experienced persons familiar with the building permitting process, building codes, abatement procedures, and other such related activities ordinarily performed by a jurisdiction's building and code enforcement departments; and WHEREAS, the City wishes to assure itself of the availability of such qualified experts to assist in the administration of the City's building and code enforcement activities and TBD is willing to provide such expertise to assist the City in this regard; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1 . TBD accepts the relationship of trust and confidence established between it and the City by this Contract. TBD covenants with the City to furnish its best skill and judgment and to cooperate with the City in furthering the interests of the City. It agrees to furnish efficient business administration and superintendence and to use its best efforts to complete the review and administration of the building permit application process and administration of the City's laws, ordinances, and regulations relating to the building and code enforcement processes in an expeditious and economical manner consistent with the interests of the City. 2. The City agrees to provide staff needed for the initial permit intake and the final issuance of permits at some pre determined location in the city. 3 . The City has the options of exercising any or none of the provisions set forth below at their discretion. 4. The City agrees to forward the initial applications, plans and specifications to TBD by fax and/or mail. 5. TBD agrees to provide an ICC/ICBO certified building inspectors on Monday through Fridays of each week, as needed, to conduct inspections for Washington State Building Code compliance of building permits covered under this agreement. Inspectors will not be provided on Pasco services contract, cont. November, 2005 holidays recognized by the City. 6. TBD agrees to act as consultant to the City's officials in matters concerning the operation of the City's building and code enforcement activities when requested by the City. Such activities may include, but are not necessarily limited to, review of building plans building inspections abatement of dangerous buildings code enforcement drafting of ordinances Activities may also include working with the City's attorney in enforcing and prosecuting individuals charged with violation of the building codes and related regulations adopted by the City. 7. TBD shall be reimbursed by the City for services as follows: (a) For consulting to the City for matters not covered under Subparagraphs (b) and (c) below, TBD shall receive the sum of Thirty-three dollars twenty cents ($33 .20) per hour. (b) For performing plan reviews for projects TBD shall receive forty-five percent (45%) of the permit fees. For such projects, TBD's portion of the permit fees shall be paid on a regular payment schedule to be agreed upon between the parties on a project-by-project basis. (c) For calculating valuations and finalizing building permits applications and IBC inspections for projects TBD shall receive Thirty-three dollars twenty cents ($33.20) per hour plus forty-eight cents (.48) a mile for each mile travel while performing work for the city. (d) Project valuations shall be calculated pursuant to The City of Pasco's Building Valuation Data. When this method is not practical, valuations will be established by TBD pursuant to industry standard practices. The City of Pasco reserve the right adjusts the valuations on specific projects when needed to address special construction circumstances. 8. TBD shall provide the City with a monthly invoice which contains true and accurate references for each service performed and all time billed including, but not limited to, the name of Page 2 of 4 2 Pasco services contract, cant. November, 2005 each plan examiner or inspector, dates and hours worked and mileage accrued performing their duties. 9. The City shall pay TBD's invoices not later with-in thirty day of receipt of TBD's billing. 10. TBD will carry errors and omissions insurance coverage in the minimum amount of $ 1 million, as well as liability insurance. TBD will name the City as additional insured on the liability policy. 11 . This contract may be terminated by either party by giving thirty (30) days' written notice to the other party. If this contract is terminated, TBD's final invoice shall be paid on the regular scheduled payment date. 12. It is understood and agreed that TBD is an independent contractor and is not employed by the City and TBD shall make no claims for benefits for employment against the City including, but not limited to, sick leave, medical insurance, coverage under the City's State Department of Labor and Industries policy, vacation benefits, retirement, or unemployment benefits. 13 . The term of this Contract shall be for a period of one ( 1) year commencing this C tb day of /J to V 2005, and shall automatically renew each year absent notice of one party to the other of intent to cancel pursuant to Paragraph 13 . 14. Any notice required to be given under this Contract shall be given by certified mail addressed as follows: To the City: 525 North 3rd. Pasco, Washington 99301 To TBD: 2530 Tilden Ct Richland, Washington 99354 15. This Contract is made and entered into the State of Washington and shall be governed by and construed and enforced in accordance with the substantive laws of the State of Washington. Should any dispute arise concerning the breach, enforcement, or interpretation of this Contract, venue shall be placed in Franklin County, Washington, and the prevailing parties shall be entitled to its reasonable attorney fees and costs and additional judgment against the other party. 16. Time is of the essence of this Contract, and there are no other agreements between the parties, either oral or in writing, concerning the subject matter herein. Page 3 of 4 Pasco services contract, cont. November, 2005 17. TBD shall indemnify the City and its officers, employees and/or agents and hold them harmless from and against any and all claims, suits, and/or actions, loss or damages resulting form or arising out of the services provided under this Agreement, or from negligent acts or intentional acts or omissions of TBD. IN WITNESS WHEREOF, the parties have caused this Instrument to be executed by their duly authorized representatives the day and year first above written. CITY Pasco, GTON THE BUILDING DEPARTMENT, INC. B By: Title: Richard R. Mumma Jr. Vice President, TBD Inc. APPROVED AS TO FORM: Attorney for City of Pasco Page 4 of 4 4.