AGREEMENT FOR MANAGEMENT SERVICES

This Agreement made this day of ________ January, 2003, by and between the City of Rock Island (Rock Island) and the City of Moline (Moline),

WHEREAS, the City of Moline is without a Building Official to manage its Code Compliance Division and administer its construction and related codes, ordinances and services;

WHEREAS, the City of Moline is desirous of entering into a contract with the City of Rock Island for the provision of such management and administrative services in the City of Moline;

WHEREAS, the City of Moline and City of Rock Island are desirous of determining whether or not the consolidation of these services may be of mutual benefit;

NOW THEREFORE, the parties jointly agree and covenant as follows:

1. Term of Agreement – The term of this agreement will be for a period of ninety (90) days beginning with the date first above written, unless extended by the action of both City Councils.

2. Appointments – Moline hereby agrees to appoint Thomas G. Ayers as Acting Building Official – City of Moline. Ayers will act in the capacity of the “Building Official” and with such authority as is granted by certain construction codes and ordinances adopted by Moline which regulate construction activity and address operations of the Code Compliance Division. Further, this agreement contemplates the assignment of William N. Newberry as Assistant Building Official. All interpretations, directions, orders and decisions made by Newberry shall have the same force and effect as if made by Ayers.

3. Compensation – Moline will compensate Rock Island in the minimum monthly billing amount of Six Thousand Three Hundred Twenty Dollars ($6,320) for services provided by Ayers and Newberry. The minimum monthly billing amount will include a maximum of twenty hours per week of time by Newberry and eight hours per week of time by Ayers for use on matters concerning operations of the Moline Code Compliance Division. Any time over the minimum monthly billing amount will be billed at the following hourly rates: Newberry = $55; Ayers - $60. All billing amounts over the minimum shall be documented showing the date and hours worked over the minimum.

4. Office Hours and Duties – Newberry will be present in the Moline Code Compliance office generally between the hours of 7:30 a.m. and 11:30 a.m. Monday through Friday to meet with contractors, property owners, developers, Moline staff and other persons seeking information on matters related to Code Compliance Division services. Ayers will be present in the Moline Code Compliance Division office a minimum of eight hours per week. Ayers will generally be available by telephone communication and for emergencies that may arise on a twenty-four hour basis. Duties to be performed will generally include, but not be limited to: responding to code interpretation/application questions; providing direction to Code Compliance staff; meeting with contractors, developers, Moline, staff, residents and others; providing direction and oversight of the plan review process; solving problems and disputes over plan reviews and in the field; and provide recommendations to the Planning and Development Director regarding the provision of Code Compliance services.

5. Mechanical Inspection Services – It is anticipated during the term of this agreement that the in-field inspection of mechanical installations may be required for installations within Rock Island. In those instances where Newberry is not available to perform those inspections and cannot reasonably schedule said inspections, the contractor who currently performs mechanical inspections in Moline shall perform the inspection in Rock Island. Moline hereby agrees to cover any and all of the contractor’s costs associated with the inspection.

6. Hold Harmless – The City of Moline and its insurers agrees to hold the City of Rock Island, its agents and insurers and its employees, harmless and to indemnify the City of Rock Island and its agents and its employees for any and all actions, causes of action, liabilities, and damages which may arise from any action performed by Ayers or Newberry in the discharge of their duties which are deemed to be for the benefit of Moline and are contemplated by and are undertaken pursuant to the terms of this agreement.

7. Consolidation of Inspection Services – During the term of this agreement, Moline and Rock Island hereby agree to review the potential for the consolidation of inspection and construction-related services and to provide a report to the respective City Councils regarding this matter not later than sixty (60) days from the date first written above. If it is the decision of either the City Council of Rock Island or the City Council of Moline that consolidation of these services is not to be continued, then this agreement will terminate, thirty (30) days after any final City Council action is taken by either of the parties to not continue on with this agreement for consolidation of services.

8. Staff – It is hereby expressly acknowledged that Ayers and Newberry remain employees of Rock Island and as such are subject to all rules, terms and conditions of employment as pertain to said employees of Rock Island.

CITY OF MOLINE CITY OF ROCK ISLAND

By:______________________________ By:___________________________

Dale Inman, City Administrator John C. Phillips, City Manager

ATTEST: ATTEST:

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