Full Text
CONTRACT FOR SERVICES BETWEEN CITY OF PASCO, WASHINGTON and SAFEBUILT WASHINGTON, INC. THIS CONTRACT is entered into this ~2.-day of.Jet"VI{ ~ 2008, by and between the CITY OF PASCO, WASHINGTON (hereinafter "the Cit") and SAFEBUILT WASHINGTON, INC., a Washington Corporation (hereinafter "SAFEBUILT"). WHE·REAS, 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, SAFEBUILT possesses knowledgeable and experienced persons familiar with the building pennitting 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 SAFEBUILT is willing to provide such expertise to assist the City in this regard; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: I. SAFEBUILT accepts the relationship of trust and confidence established between it and the City by this Contract. SAFEBUILT covenants with the City to furnish its best skill and judgment and to cooperate with the City in furthering the interests ofthe 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 ofthe City. 2. The City agrees to provide staff needed for the initial pennit intake and the final issuance ofpennits at some pre detennined location in the city. 3. The City has the option of exercising any or none of the provisions set forth below at its discretion. 4. The City agrees to fOI'\'\lard the initial applications, plans and specifications to SAFEBUILT by fax and/or mail. 5. SAFEBUILT agrees to provide an ICC/leBO certified building inspectors on Monday through Fridays of each week, as needed, to conduct inspections for Washington State Building Code compliance ofbuilding permits covered under this agreement. InspectoTS will not be provided on holidays recognized by the City. ---PAGE BREAK--- 6. SAFEBUILT 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 ofbuilding plans _ building inspections _ abatement ofdangerous 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. SAFEBUILT shall be compensated by the City for services as follows: For consulting to the City for matters not covered l.mder Subparagraphs and below, SAFEBUILT shall receive the sum of Thirty-three dollars twenty cents ($33.20) per hour. For perfoIUling plan reviews for commercial and industrial projects SAFEBUILT shall receive forty-five percent (45%) of the construction pennit fee for each project reviewed. For such projects, SAFEBUfLT's portion of the permit fees shall be paid on a regular payment schedule to be agreed upon between the panics on a project-by-project basis. For calculating valuations and finalizing building permit applications and me inspections for projects, SAFEBUILT shall receive Thirty-three dollars twenty cents ($33.20) per hour plus fifty cents (.50) a mile for each mile travel while performing work for the city. 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 SAFEBUILT pursuant to industry standard practices. The City of Pasco reserves the right to adjust the valuations on specific projects when needed to address special construction circumstances. 8. SAFEBUILT shall provide the City with a invoice which contains true and accurate references for each service performed and all time billed including, but not limited to. the name of each plan examiner or inspector. dates and hours worked and mileage accrued pcrfomling their duties. 9. The City shall pay SAFEBUILT's invoices with-in thirty day of receipt of SAFEBDILTs billing. SAFEBUlLT Agreement Page 2 of4 ---PAGE BREAK--- 11 tr._~ 10. SAFEBUILT will carry errors and omissions insurance coverage in the minimum amount of $1 million, as well as liability insurance. SAFEBUTLT will name the City as additional insured on the liability policy. 11. This contract may be tenninated by either party by giving thirty (30) days' written notice to the other party. Ifthis contract is tenninated, SAFEBUILT's final invoice shall be paid on the regular scheduled payment date. 12. It is Wlderstood and agreed that SAFEBUILT is an independent contractor and is not employed by the City and SAFEBUILT 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 year commencing this k7= day of ,ja"oo.Irt'tttt;' 2008, and shall automatically renew each year absent notice of one party to the other ofint t to cancel pursuant to Paragraph 13. 14. Any notice required to be given under this Contract shall be given by certified mall addressed as follows: To the City: To SAFEBUlLT: Director ofCommunity & Economic Development 525 North 3rd Avenue Pasco, Washington 99301 2123 Robertson Drive 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 ofthis Contract, and there are no other agreements between the parties, either oral or in writing, concerning the subject matter herein. 17. SAFEBUILT 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 SAFEBUILT. SAFEBL1LT Agreement Page 3 of4 ---PAGE BREAK--- " lo- l- IN WITNESS WHEREOFt the parties have caused this Instrument to be executed by their duly authorized representatives the day and year first above written. CITY OF PASCO~ WASHINGTON SAFEBUILT WASHINGTON, INC. Richard R. Mumma Jr. ,ll 11/7 Viee President GJlIi£1-- /3v I /171·117 , CrILL. Joyce 01s Mayor ~ APPROVED AS TO FORM: Lee Kerr Agreement Page 4 of4 ---PAGE BREAK--- hi...:Ct:/\ii:::D OCT 21. 2008 CONTRACT ADDENDUM BETWEEN CITY OF PASCO, WASHINGTON and SAFEBUILT WASHINGTON, INC COMMUNITY DEVELOPMENTOEPI THIS CONTRACT ADDENDUM is entered into this 20th day of October, 2008, by and between the CITY OF PASCO, WASHINGTON (hereinafter "the City") and SAFEBUILT WASHINGTON, INC., a Washington Corporation (hereinafter "SAFEBUILT"). This CONTRACT ADDENDUM modifies paragraph # 7 of the CONTRACT between the City and SAFEBUILT approved by City Council on January 22,2008, and attached. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 7. SAFEBUILT shall be compensated by the City for services as follows: a. For consulting to the City for matters not covered under Subparagraphs and below, SAFEBUILT shall receive the sum ofsixty dollars ($60) per hour. b. For performing plan reviews for commercial and industrial projects SAFEBUILT shall receive forty-five percent (45%) of the construction permit fee for each project reviewed. For such projects, SAFEBUILT'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. 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 SAFEBUILT pursuant to industry standard practices. The City of Pasco reserves the right to adjust the valuations on specific projects when needed to address special construction circumstances. All other terms and provisions of the attached CONTRACT approved by City Council on January 22, 2008 remain intact. 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 OF PASCO, WASHINGTON APPROVED AS TO FORM: Lee Kerr SAFEBUILT WASHINGTON, INC. h~sident I CC01