PCD 2021-11-01 Item 1A - Interlocal Agreement - Inspection Services with City of SeaTac

Browse Search

Department of Community & Economic Development for the City of SeaTac and the Director of the Department of Community Development for the City of Tukwila. 2. Responsibilities. The Building and Electrical Inspectors of the City of SeaTac and the City of Tukwila will coordinate to provide inspections on an "as needed" and as available basis. The purpose of such coordination will be to provide inspections in a timely and efficient manner. 3. Appeals. In the event of an appeal of any administrative decision of the Building Officials, such appeals related to sites within Tukwila will be heard by the City of Tukwila's Hearing Examiner in accordance with Chapter 18.116 of the Tukwila Municipal Code, and appeals related to sites within SeaTac will be heard by the City of SeaTac's Hearing Examiner in accordance with Chapter 16A.17 of the SeaTac Municipal Code. 4. Indemnification . Both Parties, the City of SeaTac and the City of Tukwila, hereby release and agree to indemnify and hold harmless the other municipal corporation, its successors and assigns and the officers, employees and agents of each ("Indemnities"), from and against any and all claims of third parties and losses, harm, cost, liabilities, damages and expenses (including, but not limited to, reasonable attorneys' fees) arising from willful or negligent acts or omissions of either City including, but not limited to acts which abrogate the public duty doctrine; PROVIDED, however, that neither City shall be required to indemnify against liability for damages caused by or resulting from the sole negligence of the Indemnities of either City; PROVIDED FURTHER that if such damages are caused by or result from the concurrent negligence of Indemnities for both Cities or their officers, employees, or agents, then each City's Indemnity hereunder shall be limited to the extent of the negligence of each City. 5. Insurance. Both Parties are members of the Washington Cities Insurance Authority and are required to carry insurance that names each City and its officers and employees as primary non- contributory additional insureds, with policy limits in the following amounts: Commercial General Liability $1,0000,000 Automobile Liability $2,000,000 per occurrence Worker's Compensation Employees of Contractors and Subcontractors are to be insured under Washington State Industrial Insurance. The above policy limits may be obtained through the use of excess liability (umbrella) insurance. Each City shall obtain a certificate of insurance that complies with the requirements above, which must be approved by each City's Risk Management department. 6. Fiscal Responsibilities. Both Parties will document the number of hours spent on inspections requested and performed by each City. At the end of each quarter, the number of hours of inspections performed shall be totaled. If the balance is deficient, the balance is to be paid to the deficient City on an hourly basis ($80.00 per hour flat rate in 2021 and subject to adjustment per the mutual agreement of the Parties by written amendment). 7. Termination. This agreement shall be ongoing. However, either party may terminate this Agreement upon written notice to the other City with not less than thirty (30) days' notice prior to the intended date of termination, unless some shorter time period is deemed acceptable by both {KZS2488327.DOCX; 1/13175.000001/ 1 4 Page 2 of 3