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HomeMy WebLinkAboutRESOLUTION NO. 2018-37 RESOLUTION NO. 2018-37 RESOLUTION ENTERING INTO A 28E AGREEMENT FOR INSPECTION SERVICES WITH THE CITY OF ELY WHEREAS, the State of Iowa allows municipalities to enter into 28E agreements; and WHEREAS, the City of Ely has requested the Fairfax Building Department to help with inspections until they have certified staff able to complete such inspections; and WHEREAS, the City of Fairfax and the City of Ely have drafted a 28E Agreement for Inspection Services; and NOW, THEREFORE, BE IT RESOLVED that the Fairfax City Council does hereby approve and enter into the attached 28E Agreement for Inspection Services with the City of Ely. BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby authorized and directed to execute said Resolution. Passed and approved this 12th day of June 2018. AYES: Otto, Daly, Volk, and Wainwright NAYS: None ABSENT: Kell / Burnell G. Frieden, Mayor ATTEST: i41 +-re,plospb Cy Via Stimson, City Clerk/Treasurer t, x a ' Wit" Res. 2018-06.029 CITY OF ELY AND CITY OF FAIRFAX AGREEMENT FOR INSPECTION SERVICES . 1 AGREEMENT 1.1Pursuant to Iowa Code Chapter 28E, this Agreement by and between City of Ely, Iowa and the City of Fairfax, Iowa shall be known as the City of Ely and City of Fairfax Agreement for Inspection Services. 2 PURPOSE AND SCOPE 2.1 The purpose of this Agreement is to provide for electrical and commercial inspection codes of the City of Ely to protect the public health, safety and welfare. 2.2 Fairfax, Iowa Building Inspector shall provide inspection services to the City of Ely on a temporary basis. Inspections shall be related to permits issued by the City of Ely for electrical and commercial buildings. 3 PERMITS AND FEES 3.1 The City of Ely agrees to receive, and process permit applications, collect permit fees, issue permits and maintain permit records. 3.2 The City of Ely agrees to pay City of Fairfax for inspection services based upon an hourly rate including wages, and overhead costs for fringe benefits, office administration and transportation. The hourly rate shall be $31.88. The City of Ely will pay said amounts based upon submittal of documentation of hours of work required and miles traveled. Reasonable travel time to and from jobsites shall be included in the time charged. Mileage shall be paid at the federal mileage rate, which is currently .545 per mile. The City of Fairfax shall bill the City of Ely on a monthly basis, providing an itemization of services rendered. 4 INSPECTIONS 4.1 City of Fairfax agrees to provide inspection services to the City of Ely. 4.2 Inspections will be conducted by the Fairfax Building Inspector during normal working hours as agreed upon by both cities. 4.3 The City of Ely will be responsible for inspection requests. Inspections will be complete on the designated day and time agreed upon by both cities. 4.4 Inspections shall include footings, setbacks, electrical service, gas piping, rough- ins for framing, electrical, mechanical and plumbing work, and final inspection Page 1 of 3 for Commercial Buildings and Electrical inspections for all other buildings upon request by the City of Ely. Subsequent re-inspection of deficient or corrected work shall be as requested by the City of Ely. The City of Ely may limit the number of inspections per building and may request additional inspections as deemed necessary. 5 ENFORCEMENTS 5.1 It is expressly understood and agreed that the inspection work carried out hereunder will result in advisory reports to the City of Ely. Such reports will be in the form of checklists, forms, notices, or written notes recording the date, location and type of inspection, the pass or fail status of the work, and a list of any code deficiencies observed and/or corrections required. Reports will be provided to the City of Ely in a timely manner following each inspection. The City of Ely assumes full responsibility for all decisions and actions needed to effectively administer and enforce the City of Ely Codes. Prosecution of Code violations shall be by the City of Ely. 6 RECORDS 6.1 The City of Ely shall maintain records of Permits. 7 HOLD HARMLESS 7.1 The City of Ely will hold harmless, indemnify and defend all claims and suits for liability against the City of Fairfax and any of its employees arising as a result of any services performed by the City of Fairfax under this agreement. 8 APPEALS. 8.1 Appeals of decisions or determinations as a result of inspections shall be through the City of Ely. 9 AMENDMENTS 9 .1 Any portion of this Agreement may be amended at any time, as mutually agreed, by Resolution of the City of Ely City Council and Resolution of the City of Fairfax Council. 10 DURATION OF AGREEMENT 10.1 This Agreement shall continue until terminated by either the City of Ely or the City of Fairfax. It is the intent of the agreement to be temporary in nature until the City of Ely's Building Official can become certified in Electrical and Commercial Inspections. 11 EFFECTIVE DATE 11.1 This Agreement shall commence on July 1, 2018. Page 2 of 3 Passed and Approved this �a Day of , 2018. Mayor of Fairfax ATTEST: ,�� .� . Mayor of Ely ATTEST: Page 3 of 3 Z FILED Paul D. Pate 28E Uj 0 E OF/� N Secretary of StateAgreement LL M511040 �fT Ry A01 yQ State of Iowa cc 0 8/24/2018 3:35:02 PM PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: Full Legal Name Organization Type *County Party 1 CITY OF ELY City Linn Party 2 City of Fairfax City Linn Party 3 Party 4 Party 5 *Enter"Other"if not in Iowa Item 2. The type of Public Service included in this agreement is: 810 Any Elected Officials, Boards, and Commis (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Agreement for building inspection services Item 4. The duration of this agreement is: (check one) ❑Agreement Expires [mm/dd/yyyy] mindefinite Duration Item 5. Does this agreement amend or renew an existing agreement? (check one) ❑ NO m YES Filing#of the agreement: M511039 (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: htta://sos.iowa.cov/28e. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Hoy FIRST Name Denise Title City Admin/Clerk Department City Admin/Clerk Email cityadmin@elyiowa.com Phone 319-848-4103 RESOLUTION NO. 2018-37 RESOLUTION ENTERING INTO A 28E AGREEMENT FOR INSPECTION SERVICES WITH THE CITY OF ELY WHEREAS,the State of Iowa allows municipalities to enter into 28E agreements; and WHEREAS, the City of Ely has requested the Fairfax Building Department to help with inspections until they have certified staff able to complete such inspections; and WHEREAS, the City of Fairfax and the City of Ely have drafted a 28E Agreement for Inspection Services; and NOW, THEREFORE, BE IT RESOLVED that the Fairfax City Council does hereby approve and enter into the attached 28E Agreement for Inspection Services with the City of Ely. BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby authorized and directed to execute said Resolution. Passed and approved this 12`" day of June 2018. AYES: Otto, Daly, Volk, and Wainwright NAYS: None ABSENT: Kell �$tiniell G. Frieden, Mayor ATTEST: �.+'`°`�► " ',•. �X AY, hia Stimson, City C1erklTreasurer `.. �, w ; "a q,qwa.♦ 'y t� � bY4£'is CITY OF ELY AND CITY OF FAIRFAX AGREEMENT FOR INSPECTION SERVICES 1 AGREEMENT 1.1Pursuant to Iowa Code Chapter 28E, this Agreement by and between City of Ely, Iowa and the City of Fairfax, Iowa shall be known as the City of Ely and City of Fairfax Agreement for Inspection Services. 2 PURPOSE AND SCOPE 2.1 The purpose of this Agreement is to provide for electrical and commercial inspection codes of the City of Ely to protect the public health, safety and welfare. 2.2 Fairfax, Iowa Building Inspector shall provide inspection services to the City of Ely on a temporary basis. Inspections shall be related to permits issued by the City of Ely for electrical and commercial buildings. 3 PERMITS AND FEES 3.1 The City of Ely agrees to receive, and process permit applications, collect permit fees, issue permits and maintain permit records. 3.2 The City of Ely agrees to pay City of Fairfax for inspection services based upon an hourly rate including wages, and overhead costs for fringe benefits, office administration and transportation. The hourly rate shall be $31.88. The City of Ely will pay.said amounts based upon submittal of documentation of hours of work required and miles traveled. Reasonable travel time to and from jobsites shall be included in the time charged. Mileage shall be paid at the federal mileage rate, which is currently .545 per mile. The City of Fairfax shall bill the City of Ely on a monthly basis, providing an itemization of services rendered. 4 INSPECTIONS 4.1 City of Fairfax agrees to provide inspection services to the City of Ely. 4.2 Inspections will be conducted by the Fairfax Building Inspector during normal working hours as agreed upon by both cities. 4.3 The City of Ely will be responsible for inspection requests. Inspections will be complete on the designated day and time agreed upon by both cities. 4.4 Inspections shall include footings, setbacks, electrical service, gas piping, rough- ins for framing, electrical, mechanical and plumbing work, and final inspection for Commercial Buildings and Electrical inspections for all other buildings upon Page 2 of 4 for Commercial Buildings and Electrical inspections for all other buildings upon request by the City of Ely. Subsequent re-inspection of deficient or corrected work shall be as requested by the City of Ely. The City of Ely may limit the number of inspections per building and may request additional inspections as deemed necessary. 5 ENFORCEMENTS 5.1 It is expressly understood and agreed that the inspection work carried out hereunder will result in advisory reports to the City of Ely. Such reports will be in the form of checklists, forms, notices, or written notes recording the date, location and type of inspection, the pass or fail status of the work, and a list of any code deficiencies observed and/or corrections required. Reports will be provided to the City of Ely in a timely manner following each inspection. The City of Ely assumes full responsibility for all decisions and actions needed to effectively administer and enforce the City of Ely Codes. Prosecution of Code violations shall be by the City of Ely. 6 RECORDS 6.1 The City of Ely shall maintain records of Permits. 7 HOLD HARMLESS 7.1 The City of Ely will hold harmless, indemnify and defend all claims and suits for liability against the City of Fairfax and any of its employees arising as a result of any services performed by the City of Fairfax under this agreement. 8 APPEALS 8.1 Appeals of decisions or determinations as a result of inspections shall be through the City of Ely. 9 AMENDMENTS 9 .1 Any portion of this Agreement may be amended at any time, as mutually agreed, by Resolution of the City of Ely City Council and Resolution of the City of Fairfax Council. 10 DURATION OF AGREEMENT 10.1 This Agreement shall continue until terminated by either the City of Ely or the City of Fairfax. It is the intent of the agreement to be temporary in nature until the City of Ely's Building Official can become certified in Electrical and Commercial Inspections. 11 EFFECTIVE DATE 11.1 This Agreement shall commence on July 1, 2018. Page 2 of 3 Passed and Approved this Day of _, 2018. e2, Mayor of Fairfax ATTEST: r . 4L Mayor of Ely ATTEST: �✓ Page 3 of 3