HomeMy Public PortalAboutResolutions-2012-62RESOLUTION NO. 2012-62
A RESOLUTION APPROVING AN AGREEMENT BETWEEN BRIAN SHAY AND THE
CITY OF TIFFIN REGARDING THE PROVISION OF BUILDING INSPECTIONS FOR
THE CITY OF TIFFIN, IOWA.
WHEREAS, the City Council of the City of Tiffin ( "Tiffin ") has the need to have a part-
time contracted independent building inspector and requests to have Brian Shay perform
building inspections for any construction required to obtain a building permit; and
WHEREAS, Brian Shay is willing and able to perform said inspections for a fee to cover
the cost of personnel and mileage to perform said services; and
WHEREAS, the Code of Iowa provides that public agencies may contract with others to
perform any governmental service it is lawfully allowed to perform; and
WHEREAS, Tiffin and Brian Shay enter into an agreement to provide said building
inspection services for the City of Tiffin, Iowa.
NOW, THEREFORE, THE PARTIES HERETO MUTUALLY AGREE TO THE
FOLLOWING TERMS AND CONDITIONS:
1. Tiffin shall, upon execution of this agreement, if not already done so, adopt the
following building codes:
a. International Building Code (2009)
b. International Residential Code (2009)
c. National Electric Code (20011)
2. Brian Shay, agrees to furnish appropriate building plan review and building
inspection services concerning enforcement of the aforementioned codes. Brian
Shay shall perform his duties upon request of the Tiffin City Administrator /Clerk. Mr.
Shay shall provide a competent substitute to hand his work load when he is
unavailable. That substitute will be paid by Mr. Shay; not the City of Tiffin.
3. Tiffin hereby agrees to pay Brian Shay the sum of: $42.50 /general inspection (from a
$50 basic permit), $600 for new single inspection / $800 for new duplex inspection /
and $1,600 for all new residential units over 3 inspection. Additionally, a rate of 85%
of the permit fee for any other type of inspection performed (i.e. basement remodel,
etc.) The Commercial inspections will be paid out at a rate of $25.00 /hour. There will
be a base rate of $25.00 per hour for "building official time" to include necessary
paperwork, return calls and miscellaneous discussions that are permit related. This
can be billed at the rate of 15 hours /month to get an "average" balance for the year.
Additionally, mileage (while on official City business only) will be paid at the posted
Federal Rate and start/end from City Hall. All costs shall be paid within 30 days of
invoice and be made payable to Brian Shay.
4. Building Inspector shall defend, indemnify and hold the City, its officials, officers,
employees, volunteers and agenda free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law
or equity, to property or persons, including wrongful death, in any manner arising out
of or incident to any alleged acts omissions or willful misconduct of Building Inspector
or agents arising out of or in connection with the performance of the Agreement,
including without limitation the payment of all consequential damages and attorney's
fees and other related costs and expenses. Building Inspector shall defend, at
Building Inspector's own cost, expense and risk, any and all such aforesaid suits,
actions or other legal proceedings of every kind that may be brought or instituted
against City, its officials, employees or agents.
5. Commercial General Liability Insurance policy or equivalent. Limits are subject to
review but in no event less than $1,000,000 per occurrence for all covered losses.
The City of Tiffin must be specifically named as additional insured and loss payee.
6. Building Inspector shall execute and maintain work so as to avoid injury or damage
to any person or property. Building Inspector shall at all times be in compliance with
all applicable local, state and federal laws, rules and regulations.
7. Building Inspector shall keep himself fully informed of and in compliance with all
local, state, and federal laws, rules and regulations in any manner affecting the
performance of his contracted work and shall give all notices required by law.
8. Building Inspector shall be responsible for securing, at his own expense, and paying
for all permits and licenses necessary to perform the Work described herein. Mr.
Shay must acquire within six (6) months of hire, and continually maintain thereafter,
his Residential and Commercial certifications.
9. Building Inspector's hours of work are independent and are of a part-time nature.
Said Building Inspector has other full -time employment and will work for Tiffin around
those stated hours to meet his obligation to perform the work for the City of Tiffin.
10. This agreement shall be in full force and effect upon the execution of both parties
and shall remain in effect until December 31, 2013. Thereafter, the agreement shall
automatically renew for successive one -year terms unless otherwise agreed to by
the parties in writing. Either party may terminate said agreement by filing written
notice of the same to the City Administrator /Clerk with a 60 day notice.
11. Notwithstanding any term of this agreement to the contrary, the parties agree that
beginning January 1, 2013 and each January 1 thereafter, either party may request
an increase or reduction of amounts due and payable for services hereunder. In the
event the parties cannot agree on any proposed changes, this agreement shall
terminate the following March 1St
12. Both parties expressly agree that no separate agency shall be created by this
Agreement, and that the City Council shall administer each city's duties hereunder.
13. Building Inspector certified that as of the date of execution of this Contract, Building
Inspector has a current license(s) necessary of the classification indicated to perform
satisfactory work under the Building Inspector's signature below.
WHEREUPON, On the 24th day of October, 2012, at a regular meeting of the Tiffin City Council,
Tiffin, Iowa. Councilperson Ryan introduced Resolution 2012 -62 and made a motion for A
RESOLUTION APPROVING AN AGREEMENT BETWEEN BRIAN SHAY AND THE CITY OF
TIFFIN REGARDING THE PROVISION OF BUILDING INSPECTIONS FOR THE CITY OF
TIFFIN, IOWA. Motion seconded by Council person Bartels.
Ayes: Ryan, Upton, Bartels
Nays: None
Absent: None
With three votes of approval, Mayor Berner declared that RESOLTUION 2012 -62 APPROVING
AN AGREEMENT BETWEEN BRIAN SHAY AND THE CITY OF TIFFIN REGARDING THE
PROVISION OF BUILDING INSPECTIONS FOR THE CITY OF TIFFIN, IOWA, be adopted and
signified approval of the same by affixing signature thereto.
Passed by the City Council on the 24th day of October 2012 and approved by the Mayor.
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Brian ay, Contracted Ind-.."'"e 'dent wilding Inspector
n Jackso,r! Administrator /Clerk
CITY OF TIFFIN:
Steve Berner, Mayor