EPHRATA CITY COUNCIL MAYOR BRUCE REIM MAYOR PRO-TEM WILLIAMCOE COINCILNENHK: MATILEEALISIOT: AATILEINKKN. SARAH MCDONNELL. VALLINILLARD. MATTMOORE. TONY MORA. CITY ADINISTRATOR: MIKE WARREN AGENDA FOR MARCH 16, 2022 - ZOOM-TO! PARTICIPATE BY PHONE DIAL 1-253-215-8782, follow prompts City of Ephrata Meeting ID: 642-397-7833# 6:001 PM EXECUTIVE SESSION THE CITY OFE EPHRATA CONDUCTS EXECUTIVE: SESSION IN ACCORDANCE WITH RCW 42.30,1100FTHB OPENI PUBLICI MEETING. ACT 1. Litigation or potential litigation (RCW 42.30.1100)0) 7:001 PM REGULAR SESSION 1. Called to Order 2. Roll Call 3. Pledge of Allegiance 4. Recording of Meeting: NO 5. Additions or corrections to published Agenda 6. Presentations: Recognizing Jo Maedke for her 19: years on the Planning Commission II CONSENT AGENDA 1. Approval of Claim Fund Bills and Checks Issued 2. Approval of Council Minutes: March 2, 2022 3. Approval of Special Event Application: a.Ephrata Rotary Easter Egg Hunt-April 16, 2022 BILLS: Allstot, Mora, Coe III STAFF.COMMITTEE, & AGENCY REPORTS IV CLOSED RECORD DECISIONS RCWCIAPTERS 36, V PUBLICHEARINGS VI ORDINANCES & RESOLUTIONS 1. Set al Public Hearing date to consider vacating a portion of Smith Avenue VII ITEMS FOR COUNCIL CONSIDERATION VIII ITEMS FOR COUNCIL ACTION 2. Approve contract with AHBL 1. Appointment of Melissa Leonard to the Parks and Recreation Commission 3. Northwest Code Professionals Building Code Service Agreement IX CITY ADMINISTRATOR REPORT BILLS: Allstot. Mora. Coe CITY COUNCIL MINUTES March 02, 2022 City Council of the City of Ephrata, Grant County Washington met in regular session on March 02, 2022. The meeting was called to order at 7:00 p.m. by Mayor This meeting is also available remotely by phone using the ZOOM call in number and Members Present: Mayor Bruce Reim, Mayor Pro Tem William Coe, Council Bruce Reim. City meeting ID. members Kathleen Allstot, Kathleen Harris, Valli Millard, Matt City Administrator Mike Warren, City Attorney Anna Franz, Fire Chief. Jeremy Burns, Police Chief Kurt Adkinson, and City Moore and Tony Mora Staff Present: Clerk/Finance Director Leslie Trachsler Motion to excuse Council Member McDonnell. (m/s Allstot/Moore) Motion carried. Pledge of Allegiance was said. No public signed up to speak. This meeting is not being recorded Agenda: There were no additions or corrections to the. Agenda. Presentations: None Motion carried. Consent Agenda: Motion was made to approve consent agenda. (m/s Millard/Moore) Items on the consent agenda are as follows: Claims #94640 through #94682 in the amount of $90,059.22 Payroll Check #47173 through #47180 in the amount of $23,890.30 Payroll Claims #94618 through #94634 in the amount of $253,260.51 Payroll Direct Debit in the amount of $13,527.57 Payroll Direct Deposit in the amount of $228,509.15 VOIDED Claims #94539 in the amount of ($115.00) Claims #94615 through #94617 in the amount of $542.40 Claims #94635 through #94639 in the amount of $7,312.19 Minutes of the February 16, 2022 Council meeting Special Event Applications: None Surplus Property - Fencing from Dog Pound: Chief Adkinson advised Council that they have recently remodeled the dog pound to create additional evidence storage and deconstructed several dog pens. The chain link fencing, gates and dividers are surplus to the needs of the City and have no value. He advised that they are partners with Hands N Paws Animal Assistance, al local non-profit animal rescue, who has expressed interest in Motion to surplus chain link fencing, gates, dividers and associated hardware. (m/s these items. Allstot/Mora) Motion carried. City Administrator Report: April 6th Council Meeting: This meeting falls during Spring Break and due to expected absences, this meeting is usually cancelled. Administrator Warren asked if there would be Council members able to make this meeting or should it be cancelled. Council consensus to cancel this meeting. There being no further business meeting adjourned at 7:03 p.m. Bruce Reim, Mayor ATTEST: Leslie Trachsler, City Clerk receivss 317123 SPECIAL EVENT PERMIT APPLICATION City of Ephrata 121 Alder Street SW Ephrata, WA 98823 (509) 754-4601 ph (509) 754-0912 fax 1. Name of Event: 2. Setup Start Time/Date: 1:3AP 3. Event End Time: 4. Sponsoring Organization: 5. Event Coordinator/Primary Contact: 6. Mailing Address: 7. Day Phone: 8. Email: 9. Secondary Contact: 10. Is alcohol being served? IFYES, which one(s)? PERMIT APPROVED: YES Date: 1)122 hoJ Pn NO Authorized City Signature: Eusky R85 Munt Date(s) of Event: Event Start Time: Cormets /32 PM Clean Up End Time/Date: z'oJ PM phrA lotry Club baNGL Preasoulr 3Gy-pce Cell Phone: Pogor 714 Ephp r w 78873 S9-250-995 N/A SG- 737-3366 793 95- 7 PEH olawyl ph @ hotme.co CMnR Delhenne x4153 Fax: Phone: YES (NO IfYES include a copy oft the State Liquor Permit. 11. Do you wish to utilize any City property, such as a parkES NO LI ons D-cK 12. Will this event include Food' Vendors of any type? YES NO Ifyes, all vendors must: apply for a Temporary Food Service Permit with the County Health District. A list of vendors is required to be submitted with the application. 13. Anticipated number of attendees? 20J THE PRIMARY CONTACT MUST LIST Al DAY OF EVENT PHONE NUMBER IF NOT LISTED ABOVE. FOR OFFICE USE ONLY: Park & Rec. Community Development Fire Code Enforcement Police Public Works STAFF. - INITIAL AND DATE UPON APPROVAL OR ATTACH MEMORANDUM WITH CONDITIONS. PAYMENT AMOUNT: RECEIVED BY: CASH CC CHECK # DATE: 7 INDEMNIFICATION/ HOLD HARMLESS AGREEMENT IN CONSIDERATION OF BEING PERMITTED TO PRODUCE THIS SPECIAL EVENT OR ACTIVITY OR USE OF ANY CITY PROPERTY OR FACILITIES IN CONNECTION WITH THIS ACTIVITY, THE UNDERSIGNED APPLICANT NDEWNIOR7AGREES TO THE FOLLOWING: 1. THE INDEMNITOR HEREBY. AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS the City of Ephrata from any and all liability, claims, demands, causes of action, charges, expenses, and attorney fees (including attomey fees to establish the City's right to indemnity or incurred on appeal) resulting from involvement in this event whether caused by any negligent act or omission of the City or otherwise. This agreement shall not apply to any liability resulting from the sole negligence of the City. 2. The INDEMNITOR agrees to reimburse the City for any loss, theft of, or damage to City property, 3. The INDEMNITOR agrees to comply with all applicable laws, statutes, ordinances, rules and requirements including, but not limited to, not admitting more attendees than designated by Fire 4. The INDEMNITOR expressly agrees that this release and hold harmless agreement is intended to be as broad and inclusive as permitted by Washington law and that if any portion thereof is held invalid, 5. Falsification and/or misrepresentation in completing this application may result in rate adjustment or event cancellation. UNDERSTAND THAT CHANGES TO THE ABOVE DETAILED PROGRAM equipment and/or facilities. Department as safe fori the particular event or facility. notwithstanding. the balance shall continue in full legal force and effect. REQUIRE IMMEDIATE NOTIFICATION TO CITY. the undersigned representative, have read the Special Events Application and the Policies and Procedures contained herein, and lam duly authorized by the event organizationbusiness to submit this application on its behalf. The information herein is complete and accurate. RotyCibef Bphfoh AUTHORIZED AGENT FOR APPLICANT: ARPYL AMFASANS PRINT NAME SIGNATURE OF APPLICANT 3/122 DATE NAME SR APPROVAL, DENIAL OR INCLUSION OF RESTRICTIONS OR SPECIAL CONDITIONS OF USE PERMIT IS AT THE SOLE DISCRETION OF THE CITY PURSUANT TO EMC 05.10. All applications must be reviewed and approved before a permit can be issued. Submit completed original application, along with required attachments to: OFFICE OF THE CITY ADMINISTRATOR CITY OF EPHRATA 121 ALDER ST. SW EPHRATA, WA 98823 City Council Report Parks and Recreation EPHRATA PARKS & RECREATION PAST ACTIVITY: 1. Parks Commission: March 9, 2022 a. February meeting held 2. Recreation/Communiy Programming: a. Sam's Dance class, Cheerleading, Tiny Tots, and Tumbling continues b. Began early bird season pass sale Preparing for Easter egg hunt d. Provide administrative support for Department e. Enteri into contract with AHBL for six-year comprehensive park plan 3. Parks: a. Water on b. Prepare for spraying 4. Public Relations/Tourism: 5. Special Events: a. Rotary egg hunt 6. Recreation Supervisor: a. Completed JLARC report for tourism dollars a. Assisting phone in utilities customers b. Completing SEEK grant contracts Working on potential spring activities d. Mailed letters to returning Splash Zone employees a. Installing new pool liner by RenoSystem b. Accepting applications for Splash Zone staff Tentatively set opening/closing and in-service dates 7. Splash Zone: FUTURE GOALS/ACTMVITY: 1. Continuing administrative duties 3. Develop a park reservation system 4. Develop tree replacement program 2. Continuing to work with and support various community groups DATE: March 10, 2022 Department: City Clerk/Finance Past Activity Continue to support other departments and commissions Conducted "White. Page" exercise to reasses, job duties Submitted reimbursement request for ERC Re- Roof from State Records destruction per State Archives Retention Schedule was Began prep work on 2021 Annual Finançial Report Cleaned up Outstandingnyalid citations issued during interim where there was no Municipal Court Monthly duties as assigned Capital Grants program completed Future Activity Normal monthly duties Monthly Balancing of all finançial transactions Prepare ands submit monthly tax reports Monitor revenues/expenses oft the City Monitor Budget Attend all Council Meetings Initiate Legal Publications as required Provide and monitor requests for Public Records Monitor Records retention/lestruction Address Human Resource issues Support staffi in their daily operations Support City Administrator Monthly Civil Service Commission meeting Attend LEOFFIDisabiliy Board monthly meetings Work with PD1 to establish Civil Service List of qualified candidates forp police officer Update job description for Customer Service Specialist Prepare Ordinance to establish Water Reserve Fund Continue work with attorney/consultants on Landfill Remediation Continue work on 2021 Annual Financial Report Prepare reimbursement request on Library Re-Roof Project from State Capital Grant program Monitoring closely County District Court. Budget Concerns Other Issues Monitoring transition of Municipal Court Services to Grant City of Ephrata MARCH,10, 2022 Department: Public Works Field Supervisor past Activity Cleaned the head works at the wastewater treatment facility. Hauled bio solids. Completed monthly sewer flushing and inspection. Clean storm drains. Monthly water testing. Daily well chlorine checks. Completed downtown tree trimming. Finished remodel at dog pound and shop. Made street signs to be replaçed. Trimmed trees and cleaned up inj parks. Numerous funerals, and as always responded to all City related calls. Future Activity: Clean head works at the wastewater treatment facility. Monthly sewer flushing. Preform salting, sanding, plowing as required. Perform daily Chlorine checks at all well sights. Monthly water testing and meter reading. Sweeping city streets (weather permitting). Start spring herbicide maintenance. Turn on irrigation in city parks. Prepare spring equipment, Lawn mowers etc. Regular scheduled maintenance on fleet vehicles. Regular winter/spring scheduled Park, street, water, and wastewater maintenance, and as always respond to all City related calls. Budget Concerns: Other Issues: Christian Roeder Public works field supervisor Continue to monitor closely Continuing to maintain social distancing! And follow health department Covid protocols. City of Ephrata Department of Planning and Building Permits Issue Issue Date Owner Feb-22 Permit Parcel Contractor Location TBD Steel Work Done Valuation Fee (less State Fee) 21-233 130473000 2/9/2022 PUD#2 21-293 130042619 2/28/2022 Jurgensen 21-295 140307552 2/17/2022 Rediger 22-003 311869000 2/10/2022 Starbucks 22-005 140307541 2/22/2022 27 22-007 140307543 2/16/2022 27 22-008 140307544 2/16/2022 27 22-010 140307546 2/16/2022 27 22-013 140717000 2/15/2022 Carlos Bazan Const 22-015 140697250 2/3/2022 Co 22-016 140697230 2/16/2022 Co 22-022 131586301 2/28/2022 Homes 22-030 140307532 2/22/2022/27 154ASE Repair Airplane Hanger TI $30,000.00 $112,417.00 $335,000.00 $325,000.00 $257,637.31 $205,000.00 $205,000.00 $205,000.00 $75,000.00 $200,000.00 $230,000.00 $528,329.06 $257,637.31 $3,000.00 $7,696.40 $2,000.00 Supplemental $8,141.00 $20,000.00 $1,000.00 $3,000.00 $3,010,858.08 $649.81 $1,533.15 $7,914.39 $4,670.00 $6,415.09 $6,415.09 $7,285.10 $6,709.08 $1,466.31 $6,383.91 $7,226.50 $9,326.25 $6,415.19 $62.85 $62.85 $12.85 $80.65 $150.70 $500.38 $12.85 $62.85 $73,355.85 Howard Baily & Kristy Structures Airport Ave HiLine Homes 214 Parkside PI SFR Associated Const. LLC LLC LLC LLC homesley Builders Builders Homes LLC Heavenly 1250 Basin 255 Parkside PI SFR 259 Parkside PI SFR 262 Parkside PI. SFR 254 Parkside PI. SFR 1115 Cottage Fire Repair 2386 Chelan SFR 765 Sunwest 261JSE 28 Parkside Loop SFR 1206 Sunset SE ReRoof Parkside Estates ACME Homes Parkside Estates ACME Homes Parkside Estates ACME Homes Parkside Estates ACME Homes Eastside Land JRI Home Eastside Land JRI Home Alderbrook Alderbrook Parkside Estates ACME Homes SFR SFR 22-031 140266000 2/4/2022 Phillis Ribble Roofing 22-032 131635000 2/10/2022 Gregory Geer Ramos Roofing 222 IvyN NE 22-033 130108000 2/15/2022 Lin Yuk Wong Lin) Yuk' Wong 234 15SW ReRoof Fence Mech & Plum Irvin & Sabrina Smedley Ephrata Athletic Tyson & Charles 22-034 131122000 2/18/2022 O'Neel 22-035 130300000 2/23/2022 Club Const. 54FSt.SE Graybeal Signs 41 Basin NW Sign 22-043 140401000 2/22/2022 Michelle Grant Mills Const 511 Alder NW Repair Osvaldo Heavenly Roofing 22-047 140210000 2/21/2022 Osvaldo Blancas Blancas 22-050 140012003 2/22/2022 Dickinson 1235 Yakima Fence 213 Nob Hill ReRoof DATE: March 16, 2022 ITEM: Ordinances & Resolutions SUMMARY BUDGET IMPACTS 1. Resolution 22-03-Set: a Public Hearing date to consider vacating aj portion of Smith Avenue SE. 1. N/A RECOMMENDATION Staff recommends acceptance and approval ofa all Items. ENABLING ACTIONS Motion to. Authorize, Confirm, or Approve and. Accept. All Items. lfyou have any questions, concerns, or require additional information; please contact me prior to the meeting. CITY OF EPHRATA STAFF REPORT Mayor and City Council, Mike Warren, City Manager March: 10, 2022 Resolution Avenue SE To: From: Date: Proceeding Type: Subject: Daniel Leavitt, Community Development Director Seta Public Hearing date to consider vacating a portion of Smith Legislative History: March 16, 2022 Motion to approve First Presentation: Requested Action: Summary The resolution is in response to the recent request by. Jose Valle, 1206 Thurston St SE, to vacate a portion of Smith Avenue SE and Council's direction to begin the vacation process. RCW 35.79.020 requires the passage of a resolution to set the date for a public hearing to vacate City right of way. RCW3 35.79.010: states that the date of the hearing shall not be more than sixty days nor less than twenty days after the date oft the passage ofs such resolution Staff Recommendation Staffr recommends approving the resolution as presented. Attachments A. Resolution 22-03 (Pending legal review) Legal Review Page: 1of2 Thei following document is attached and subject tol legal review: Date Reviewed by Legal Counsel pending Type of Document Resolution Title of Document Resolution. 22-03 Page2of2 RESOLUTION NO: 22-03 AE RESOLUTION AUTHORIZING THE VACATION OF Al PORTION OF Al PUBLIC: STREET IN THE CITY OF EPHRATA, WASHINGTON RECITALS: 1. Jose Valle, owner of 1206 SE Thurston Street, Ephrata, WA, has requested the vacation ofa portion of Smith Avenue as dedicated on the plats of Orchard Park Addition to Ephrata Washington and Lee Addition to. Ephrata as recorded at the Grant County Auditor's Office, Grant County Ephrata, Washington described as follows: A 204.75- foot long and 25-foot wide portion of the south side of Smith Avenue located in Block 7, Orchard Park Addition to Ephrata, Washington as filed at the Grant County A: 204.75-foot long and 25-foot wide portion of the north side of Smith Avenue adjacent to the park located in Lee Addition Ephrata, Washington filed in Volume 1, Page 41 of Plats at the Grant County Auditor's Office in Ephrata, Washington Iti is necessary to fix a time fort the hearing on the request for vacation, which shall be more than twenty (20) days but less than sixty (60) days after the passage of the resolution. Auditor's Office in Ephrata, Washington, and; 2. RESOLVED: 1. The City Council of the City of Ephrata does resolve that al hearing for vacation be: set for April 20, 2022, at the City of Ephrata Council Chambers, 121 Alder Street, Ephrata, Washington, and that the City Clerk give twenty (20) days notice of the hearing by a written notice posted in three (3) oft the most public places int the City, and a like notice in a conspicuous place in the portion of the street to be vacated. In addition, notice will be given by mail atl least fifteen (15) before the date fixed for the hearing to the owners or reputed owners of all lots, tracts, or parcels of land or other property abutting the portion of the street tol be vacated as shown on the rolls of the Grant PASSED by the City Council oft the City of Ephrata on this 16th day of March, 2022. County Treasurer. Bruce Reim, Mayor ATTEST: Leslie' Trachsler, City Clerk DATE: March 16, 2022 ITEM: Items for Council Action SUMMARY 1. Appointment ofl Melissa Leonard to the Parks and Recreation Commission. 2. Approve contract with AHBL- Six-Year Comprehensive Park Plan 3. Accept agreement for building code services- Contract with Northwest Code Professionals BUDGET IMPACTS 1. N/A 2. $30,000--Budgeted 3. See attached fees schedule Staff recommends acceptance and approval ofall Items. Motion to Authorize, Confirm, or Approve and Accept All Items. ENABLING ACTIONS lfyou have any questions, concerns, or require additional information; please contact me prior to the meeting. CITY OF EPHRATA STAFF REPORT Mayor and City Council Mike' Warren, City Manager Traci Bennett Director of Community: Services March11,2022 Council Action To: From: Date: Proceeding Type: Subject: Confirm Melissa Leonard to Park and Recreation Commission Legislative History: March 16, 2022 n/a Motion to Confirm First Presentation: Second Presentation: Requested Action: Staff Report Summary: Ephrata native Melissa Leonard submitted a letter of interest to fill vacancy on Park and Recreation Commission. With confirmation, all Commissioner positions Discussion/Analysis: Melissa Leonard has been a resident of Ephrata since 1991 andi isa a mother of two young daughters who participate ini many of the recreation opportunities the city offers. She states she isi interested in giving back to the community and being an active parti in helping Staff Recommendation: Mayor confirm Melissa Leonard to Park and Recreation Commission will bet filled. grow andi improve parks and recreation inl Ephrata. Financial Implications: n/a Attachments A. n/a Page1of2 Legal Review Thet following documents are attached and: subject tol legal review: Date Reviewedby Legal Counsel Type ofD Document n/a Title of Document Page2of2 PRA CITYOF EPHRATA STAFF REPORT Mayor and City Council Mike Warren, Cityl Manager March 9, 2022 Council Action Approve contract withAHBL Legislative History: March 16, 2022 n/a Motioni to approve To: From: Date: Proceeding' Type: Subject: Traci Bennett- - Director of Community Services First Presentation: Second Presentation: Requested. Action: Staff Report Summary: The current Park Comprehensive Plani is outdated and in need of being revised. As part of the 2022 Budget, and in conjunction with the Parks Commission, a call for Discussion/Analysis: Request for proposals for the cities' six-year comprehensive plan went out inr mid-January and were accepted until February 18, 2022. Three firms submitted proposals for the plan. All proposals met the requirements of our RFP and had goodi references. Following staff Staff Recommendation: Council authorize Administration to execute contract pending legal review with AHBL to develop the City of Ephrata Six-Year Comprehensive Park Plan. proposals wasi issued. review thet firm AHBL: submitted the best proposal for the lowest cost. Financial Implications:- $30,000-B Budgeted Attachments A. n/a Pagelof2 Legal Review The following documents are attached and subject to legal review: Date Reviewedby Legal Counsel pending Type ofl Document Contract Titlec of Document Sixyear Comprehensive Park Plan Page 2of2 CITy OF EPHRATA STAFF REPORT Mayor and City Council, Mike Warren, City Manager March 10, 2022 Council Action To: From: Date: Proceeding Type: Subject: Daniel Leavitt, Community Development Director Accept agreement for building code services Legislative History: March 16, 2022 Motion to approve First Presentation: Requested. Action: Summary needed. Background Ifa approved, the City of Ephrata will enter into an agreement with Northwest Code Professionals for them to provide building plan review and building inspections as Ephrata is experiencing a dramatic increase in residential building construction. In order tor maintain the high level of service that the City of Ephrata Building Department provides, it has become necessary to seek additional qualified help to assist in performing building plan review and building inspections. Staff Recommendation Northwest Code Professionals. Attachments Staff recommends Council approve the agreement between the City of Ephrata and A. Northwest Code Professionals Building Code Services Agreement Page 1of2 Legal Review The following document is attached and subject to legal review: Date Reviewed byLegal Counsel 3/2/22 Type of Document Agreement Title of Document Northwest Code Professionals Building Code Services Agreement Page2of2 NORTHWEST covE! FROFESSIONALS BUILDING CODE SERVICES AGREEMENT This agreement is made this 8th day of March, 2022, between NORTHWEST CODE PROFESSIONALS, ("NWCP"), and the City of Ephrata, Washington, (Municipality) for and in consideration of the mutual benefits to be derived hereby. The parties hereby Scope of Services: NWCP will provide plan review and inspection services to the municipality on an as needed basis as directed by the City of Ephrata. The reviews will encompass foundation, structural, plumbing, mechanical, accessibility, energy code and life safety provisions. NWCP will perform inspections and plan reviews per the Municipalities adopted codes. NWCP is not obligated to perform services beyond what isc covered under this agreement. Any changes or additions to the scope of work shall be done only in writing and shall specifically state the additional fees, if any, for such changes. NWCP is under no obligation to perform and will not perform any inspection services relating to site infrastructure including roads, parking lots, landscaping, drainage, or other matters not included as Washington adopted WSBCC building codes. NWCP will perform work at a level of competency in accordance with industry standards. Fee Structure: NWCP fees will be adjusted by written notice every two years to reflect increases in staffing costs for services via written addendum sent to Municipality. For this agree as follows: original agreement the fees for services will be as follows: Project Support Service Fees: Commercial Plan Review Fee 75% of total plan review fees1,2 Residential Plan Review Inspection Services/misc. $88.00 Per hour.3 $88.00 per hour.4 After Hours/Weekend Inspections $100.00 per hour- Minimum 2 hr. charge. 1. NWCP will determine if a project requires Structural engineered review services. If requested or deemed appropriate by the Municipality, these fees will be billed at actual cost and may be billed directly to the applicant by Municipality. City authorization will be requested prior to performing engineers review. Building Code and Inspection: Services Agreement NWCP31517 Page 1of7 NORTHWEST cOPE FROFESSIONALS 2. Note only: Changes to approved plans, additional information needing to be reviewed will be billed an additional fee at the hourly rates above. The first re-review of corrections noted in the original plan review letter will not incur additional charges. 3. All Residential Plan Reviews will incur a minimum 3-Hour fee for plan review charges for all new Single Family Dwellings, Duplexes and Townhouse. Alterations and repairs 4. Inspection Services covers all inspection services requested by Municipality only. will be billed at the hourly rate with no minimum fee. ProjectValuation: Project valuation used to determine building permit fees shall be based upon the current ICC valuation tables published by the International Code Council to determine plan review fees. Final valuation used to determine permit fees shall be determined by the Building Official. Fees for Review of Changes to Approved Plans: Abandoned or Suspended Permit Applications: All review of changes to previously approved plans will be billed at a rate of $88 per hour. Plans reviewed by NWCP requiring changes or additional information will be addressed int the form of a plan review letter submitted tot the Municipality to be given to the applicant from the legal public record holder. Municipality will be billed the full plan review fee ifthe applicant has failed to respond and submit additional information or if the permit application is cancelled or if no further submittals are received at NWCP within 60 business days of the first plan review letter is transmitted, whichever occurs first. NWCP encourages all municipalities to charge the full plan review fees to the applicant at the time of application submittal to ensure payment is made for plan review services in On-Call Inspections Fees for partial service contracts4: (includes travel time from last location or inspector's office whichever is closest to municipality) Hourly Rate of $88.00 per hour. Time tracked will include travel time from NWCP office to the municipality. Rates are all inclusive = no separate billing for mileage, vehicle expenses Time of Performance: NWCP will perform the services commencing upon execution of this contract. All plan review and inspections will be performed during normal business advance. or material will be sent. Building Code and Inspection Services Agreement NWCP3 1517 Page 2of7 NORTHWEST COPEI FROFESSHONALS hours (8:00 a.m. - 5:00 p.m., Monday Friday). On call inspection coverage will require On-Call Inspections: A minimum of 48 hours' lead-time is required to guarantee availability; however, NWCP will always do our best to provide inspection services if as much advance notification as possible to ensure adequate staffing. notice is less than 48 hours. We are able to commit to the following plan review schedule: Plan Review Type Residential projects Multi-family projects Small commercial projects (less than $2M in valuation Large commercial projects (Greater than $2M in valuation) First Comments 5working days or less Second Comments 5working days or less 10 working days or less 5working days or less 10 working days or less 5working days or less 15 working days or less 10 working days or less List of Inspections being provided as part of this contract: Building Code and Inspection Services Agreement NWCP31 1517 Page 3of7 NORTHWEST cOPEI FROFESSIONALS Yes No K K K K Setbacks3 Footings3 Wall steel (rebar)" Underground plumbing Under-flooriconcrete slab Rough plumbing Rough framing Insulation Energy Code requirements Fire-resistant penetrations Drywall Final plumbing Final mechanical Final building Underground electric (inspection done by Washington State Dept. ofL Labor & Industries) X Rough electric (inspection done by Washington State Dept. of Labor & Industries) Rough mechanical (flues, vents, exhausts, gas piping) X Final electric (inspection done by Washington State Dept. of Labor & Industries) 3For the case of setbacks, footings, and wall steel, NWCP will either perform the inspections or, alternatively, administer a program requiring written engineering approval of the footings and wall steel (ie., engineer's letters) and a written surveyor's approval oft the setbacks (i.e., setback certification or similar document). Setback verification are the ultimate discretionary responsibility of the municipality. NWCP will verify property lines are strung and check other setback requirements of the municipality as a courtesy only upon written request however accuracy of property markers, string lines or other methods are the responsibility of the permit holder and property owner. Municipality assumes all responsibility fori final verification of building setbacks. Invoice & Payment Structure: NWCP will invoice the municipality on a monthly basis. Late PaymentFee:. All payments notr made tol NWCP within the 30 days following delivery of the invoice from NWCP will incur a monthly rebilling fee of $85.00 and interest will Duration: This term of this agreement shall be for a period of (2) years commencing on the date this Contracti is signed, and shall automatically renew each year absent notice of one party to the other of intent to cancel pursuant to Termination of Agreement. Fee schedules will be reviewed on a two-year basis and addendums may be issued upon All payments are due to NWCP within 30 days of invoice date. accrue at a rate of 3% each month bill is not paid in full. agreement of terms by both parties. Building Code and' Inspection: Services Agreement NWCP31517 Page 40f7 NORTHWEST COPEI FROFESSIONALS Municipality Obligations: The Municipality shall timely provide all data information, plans, specifications and other materials required by NWCP to perform the Scope of Services. Municipality shall be responsible for all final discretionary decisions relating to Insurance: NWCP will provide insurance in accordance with the certificate of insurance attached and incorporated herein as if fully set forth. (Available upon request) Assignment: NWCP may not assign this contract without the consent of the Municipality which consent shall not be unreasonably withheld. However, NWCP is permitted to subcontract portions of the services to be provided. NWCP remains responsible for any subcontractors performance. Subcontractors will be subject to the same performance criteria expected of NWCP. Performance clauses will be included in contracts with all subcontractors to assure quality levels and agreed upon schedules are met. Third Party Reliance: This agreement is intended for the mutual benefit of the parties Independent Contractor: NWCP is an independent contractor and neither NWCP nor its employees will be considered as employed by Municipality but will serve as legal Termination of Agreement: A30 day written notice is required for either party to cancel their Agreement. Upon cancellation NWCP will immediately invoice Municipality, and Municipality agrees to pay, for all services rendered to Municipality prior to cancellation of this Agreement. Services rendered will be determined by monthly progress reports in ai format agreed upon between the parties. Failure to pay NWCP invoices after 60 days will be considered a termination of services and all services from NWCP will be Hold Harmless and Indemnification: NWCP shall indemnify and hold the Municipality and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, loss, damages, or costs, of whatsoever kind or nature, brought against the Municipality arising out of, or in connection with, or incident to, the execution of this Agreement and/or NWCP's performance or failure to perform any aspect of this Agreement; provided, however, that ifs such claims are caused by or result from the concurrent negligence of the Municipality, its agents, employees, and/or officers, this indemnity provisions shall be valid and enforceable only to the extent of the negligence of the NWCP; and provided building codes, appeals, and final decisions of the Building Official. hereto and no third-party rights are intended or implied. agents of the municipality. terminated. Building Code and Inspection! Services Agreement NWCP31 1517 Page 5of7 NORTHWEST coper FROFESSIONALS further, that nothing herein shall require the NWCP to hold harmless or defend the Municipality, its agents, employees, and/or officers for damages or loss caused by the Municipality's sole negligence. The NWCP expressly agrees that the indemnification the municipality for any claims arising under Title 51 R.C.W., for the purposes of this Agreement. The parties have mutually negotiated this waiver. The provisions of this Dispute Resolution: Any claim, dispute or other matter in question between Municipality and NWCP arising out of or in any way related to this Agreement may be resolved in a manner mutually agreed to by both Municipality and NWCP. In the absence of such a mutual agreement on the manner of resolution, the matter shall be resolved through litigation with venue in Grant County, Washington. The parties hereto agree to engage in mediation as a condition precedent to the commencement of any other dispute resolution process, including litigation. The parties further agree to openly and cooperatively exchange information with one another in preparation for any mediation session. In the event the parties agree to arbitrate any issue, the American Arbitration Rules for Construction Disputes shall apply, whether or not the parties utilize the services Nondiscrimination: Each party agrees that it shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, political affiliation or belief, sexual orientation as defined in RCW 49.60.040, or the presence of any sensory, mental or physical handicap in violation of any applicable federal or state law or regulation and each party agrees to be an Equal Opportunity Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Washington and all services to be provided will be provided in section shall survive the expiration or termination oft this Agreement. of the American Arbitration Association. Employer. accordance with applicable federal, state, and local law. Effective Date: Contract will become effective upon signed approval of the Municipality. New service rates noted in contract will become effective on March 15th 2022 or when the contract is executed by all parties. Municipality: Northwest Code Professionals, Inc. Building Code and Inspection Services Agreement NWCP31517 Page 6of7 NORTHWEST copEr FROFESSIONALS Aoyeso Signature Name: Title: Date: Bues Signature Name: Jack E Applegate Title: President CEO Date: 02/23/2022 Please return signed contract by 03/25/2022 to: Northwest Code Professionals Att: Jack Applegate, President/CEO 144 E 14th Ave Eugene, Oregon 97401 Or Email to: acka@nwcocepos.com CC: sscaa@nacoeposcon FINAL PAGE Building Code and Inspection Services Agreement NWCP31 1517 Page7of7