01-09-08 Council Agenda - Laserfiche WebLink

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SECOND AMENDMENT TO AGREEMENT THIS SECOND 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 Heights executed the First Amendment to Agreement effective January 1, 2004, and Whereas, Little Canada and Falcon Heights desire to approve a Second Amendment to Agreement to ensure an equitable arrangement exists between the two parties and to update the Agreement to reflect current conditions, NOW, THEREFORE, 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 is hereby amended by deleting 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. 2. Section 3. Payment is hereby amended as follows: It is agreed that Falcon Heights shall remit to Little Canada, on a quarterly basis, 80% of Falcon Heights' actual building permit, plan check, and plumbing permit revenues. Said remittance shall occur within fifteen days of the end of each calendar quarter and shall be accompanied by supporting documentation. Further more, the total remittance to be made to Little Canada is subject to the annual minimum and maximum calculations depicted in Exhibits B and C respectively. In no event shall the 80% remittance for any quarter be below one fourth of the annual minimum outlined in Exhibit B. No further remittance shall be made if the maximum amount depicted in Exhibit C has been achieved. The fourth quarter (October, November, and December) remittance shall be adjusted, as necessary, to ensure compliance with the annual minimum and maximum provisions. It is further understood that the minimum and maximum amounts will be adjusted based upon any change (increase or decrease) to the components with appropriate supporting documentation. Revised Exhibits B and C shall be prepared and forwarded to Falcon Heights upon any adjustment to the rate components. It is also understood that adjustments shall be made retroactively to the effective date of any changes in the billing components. -2