Lynnwood - Reciprocal Code Enforcement ReviewINTERLOCAL COOPERATION AGREEMENT
This agreement is entered into this �c day of May, 2007, by and between the City of
Lynnwood, Washington (hereinafter "Lynnwood") and the City of Edmonds, Washington
(hereinafter "Edmonds") in consideration of the mutual benefits to be derived, this promises set
forth herein and the authorization of Chapter 39.34 RCW, also known as the Interlocal
Cooperation Act.
WHEREAS, the parties maintain planning departments which utilize code enforcement
officers and building officials; and
WHEREAS, from time to time, matters may arise within each City which require an
independent investigation and review by an experience planner, code enforcement officer or
building official in order to avoid any appearance of favoritism or impropriety; and
WHEREAS, the parties which to provide for reciprocal services to the other at the cost of
service provision; NOW, THEREFORE
The parties agree as follows:
I. Statement of Purpose. The purpose of this Agreement is to have in place a
standing relationship through which the cities may avoid the appearance of unfairness of conflict
in the administration of their respective codes. To that end, this Agreement provides for the
review of code enforcement or similar actions by the staff of one city in order to avoid the
appearance of conflict or impropriety.
2. Term. The term of this Agreement shall be indefinite. During that term, the
finance department of each city shall maintain a list of employees, their hourly rate and an
appropriate overhead factor intended to recapture the cost of benefits and necessary facilities
which they may use in the course of their duties. Copies of rates for 2007 are attached as
Exhibits A and B. This agreement may be terminated upon thirty (30) days written notice by
either party, provided, however, that termination shall not invalidate the obligation of the
requesting party to pay for services rendered to the date and termination.
3. Tri ering of Provisions. At ' the request of the Mayor of one party, the Mayor
of the other may, at his or her sole discretion, designate an employee or employees to take any
and all necessary actions to process, review and consider any complaint or code enforcement
procedure through and under the codes of requesting party. The administering party shall keep
hourly records of all time expended and provide monthly billings of charges and services to the
finance department of the requesting party.
4. CoMensation. The administering party shall bill the requesting party for the
actual cost of services rendered on a monthly basis. The administering party shall invoice the
requesting party after the first of each month with sufficient information regarding service
provision, to satisfy all audit requirements, including, but not limited to, actual service hours.
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Payment shall be made by a check payable to the administering party and mailed to that party
with thirty (30) calendar days after receipt of the invoice.
5. Per of Services. The employees of the administering party shall
perform building inspection, planning and code enforcement services in accordance with the
ordinances of the requesting party. The employee shall obey, uphold and enforce the laws of the
City, the state of Washington and the constitution of the State of Washington and the United
States of America at all times. Prosecution and/or code enforcement processes shall be
undertaken in accordance with the ordinances, court and administrative processes of the
requesting party.
6. No Special Duty Created. Nothing herein shall be interpreted to create any
special relationship with any party or duties to protect any specific persons from harm or injury.
7. Nondiscrimination. Neither party shall discriminate on the basis of race, color,
sex, religion, national origin, creed, age or the presence of any sensory, mental nor physical
handicap.
8. Liability. Each party shall be responsible and liable for the consequences of any
act of failure to act on the part of itself, its employees and its agents. Each party shall be
responsible for its won negligence; neither party shall indemnify nor hold the other party
harmless.
9. Notices. All notices and other material to be delivered under this agreement shall
be in writing and shall be delivered or mailed to the following addresses.
City of Lynnwood
1910044 th Ave W.
Lynnwood, WA 98046
Attn: Mayor
City of Edmonds
121 5th Avenue North
Edmonds, WA 98020
Attn:
10. Entire A egr ement. No modification or amendment of this agreement shall be
effective unless in writing and signed by an authorized representative of the parties. This
agreement contains the entire agreement between the parties and may not be enlarged, modified,
or altered except in writing by the parties.
11. Provisions Required Pursuant to Chapter 39.34 RCW.
a. No separate legal or administrative authority is created by this agreement.
b. No joint or cooperative undertaking other than that specified herein is
established and no joint of cooperative financing or budget is required.
C. No separate legal entity is established pursuant to this agreement.
d. No real or personnel property shall be acquired, held or disposed of
pursuant to this agreement.
12. Recording. This agreement shall be filed with the Snohomish County Auditor at
the Joint expense of the parties.
DATED this � day of May, 2007.
CITY OF EDMONDS
CITY OV LYNNIWOOD
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By: By:
ayor 0
ry - aakenson Mayor Don
ATTEST/ AUTHENTICATED:
By: Z� '. A�- e4 � -, ,
Sandra S. Chase, City Clerk
APPROVED AS TO FORM:
By: i
Vicki Heilman, Interim Finance Director
By: By:
W. Scott Snyder, City A o ey Mike Ruark, City Attorney