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FIItST AiI~NDNIENT TO AGREEMENT THIS FIRST AMENDMENT TO THE AGREEMENT for Building Official Services ("Amendment") is entered into by and between The City of Little Canada, Minnesota hereinafter referred to as "Little Canada") and the City of Falcon Heights, Minnesota, (hereinafter referred to as "Falcon Heights"). Whereas, Little Canada and Falcon Heights entered into an Agreement for Building Official Services effective January 1, 2003, and Whereas, Little Canada and Falcon ~ieights desire to amend the Agreement to ensure an equitable arrangement exists between the two parties and to update the Agreement to reflect current conditions, NOW, TIiEREFORE, In consideration of the understanding herein set forth, Little Canada and Falcon Heights agree to amend the Agreement as follows: 1. Section 2, Services Provided, paragraph f. is hereby amended as follows: f. Little Canada shall use its best efforts to find "fill-in" Building Official services to address vacations, sick leave, or any unexpected absence in the position of Building Official. The costs for these services shall be billed at the same hourly rate as . provided for in Exhibit B. 2. Section 2, Services Provided is hereby amended by adding the following provision: h. Little Canada shall be permitted to employee additional persons as necessary to provide supplemental Fire Marshal services to Falcon Heights. The billing rate for this person shall be the same as the rate for the Building Official as indicated in Exhibit B of the Agreement. 3. Section 3. Payment is hereby amended as follows: It is agreed that Little Canada will bill Falcon Heights for building inspection and fire marshal on a quarterly basis. The billing rate shall be based upon the calculation as depicted in Exhibit B, attached hereto. This rate shall be adjusted based upon any change (increase or decrease) to the components with appropriate supporting documentation. A revised Exhibit B shall be prepared and forwarded to Falcon Heights upon any adjustment to the rate components. It is also understood that past billings may have to be adjusted based upon the effective date of any changes to the billing components. Little Canada will endeavor to matte such adjusted billings as soon as practical. Furthermore, it is also understood that the minimum amount Falcon Heights shall pay on an annual basis is 35% of the total cost of the Building Official position based upon the computation depicted in E,~hibit B. Billing shall occur on a . quarterly basis and provide for the actual hours expended times the hourly rate in Exhibit B as well as for 1/4 of the of the annual minimum amount due, with the actual amount due for that quarter to be the lugher of those two figures. Should '14