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Home My Public Portal AboutResolutions-2008- 11I Y.. CIT° 'OF TIFFIN IOWA RESOLUTION NO. 2008- 11 A RESOLUTION AUTHORIZING .. THE ENTERING INTO OF A "28E AGREEMENT WITH THE CITY OF CORALVILLE, IOWA FOR SERVICES OF BUILDING INSPECTION OF NONRESIDENTIAL BUILDINGS IN TIFFIN WHEREAS, the City of Tiffin desires to enter into an, Agreement with -the City of Coralville, Iowa for building inspection services of nonresidential buildings within the City of Tiffin; and AND` WHEREAS, Chapter 28E of the Code of Iowa provides the authority for public agencies to . enter into agreements with private agencies to make efficient use -of their powers and to cooperate for their mutual advantage; and AND WHEREAS, Chapter 28E.4 requires that appropriate action by the Council must be taken before entering into such an agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIFFIN, IOWA,. THAT: 1. The. Mayor and the City Clerk are hereby authorized to execute, the "28E Agreement, as attached hereto and incorporated herein by this reference. 2. Said Agreemeni is hereby approved, as to form, and content and is found to be it the best interest of the-City;of Tiffin, Iowa. 3. The City Attorney is hereby � authorized to record a certified copy of this Resolution, 'together with said attached Agreement, in the office of the Recorder for Johnson County, Iowa, and- to file` a copy of this Resolution and Agreement with the Secretary of State, as required by Chapter 28E, Iowa Code. The Clerk is further directed to keep a copy of said recorded documents in a` permanent file maintained' by the City Clerk. r "x ON. THE 28th day of May 2008, at a regular meeting of the Tiffin City Council,- Tiffin, Iowa, Councilperson Mike Gericke introduced A RESOLUTION AUTHORIZING THE ENTERING INTO OF A "28E AGREEMENT WITH THE CITY OF CORALVILLE, IOWA FOR SERVICES 00 BUILDING INSPECTION OF NONRESIDENTIAL BUILDINGS IN TIFFIn, and made a motion for approval. The motion was seconded by Councilperson Mark Petersen. Ayes: Jim Bartels, Chris Ball, Mike Gericke, Mark Petersen, John Wright. Nays: None. Motion carried. WHEREUPON; the Mayor declared that A RESOLUTION AUTHORIZING THE ENTERING INTO OF A "28E AGREEMENT WITH THE CITY OF ` Page 1 of 2 S:\Clients\Cities\Tiffin\BUILDING INSPECTION MTRS-90\RESO\RESO Auth Enter 28E w Assoc kd 05.08.07.doc Last printed 7/9/2008 1229 PM kd e CORALVILLE, IOWA FOR SERVICES OF BUILDING INSPECTION OF NONRESIDENTIAL— BUILDINGS IN TIFFIN be adopted and signified his,. approval of the same by affixing his, signature thereto. PASSED,y by the Council on the 28th day of May 2008, and approved by the Mayor on the 28th day of May 2008. i e a CIT TIFFIN: B i. . vice hillius. ayor ATTEST: _. a s 9. Ruth Demuth, Tiffin City Clerk V i r - 1 Y' Y � Page 2 of 2 CARESO Auth Enter 28E w Assoc kd 05.08.07.doc Last printed 5/28/2008 12:12 PM kd Prepared by: Stephen N. Greenleaf, POB 1757,Iowa City, IA52244 (319)351-1056 CERTIFICATION OF CITY CLERK q STATE OF IOWA ) COUNTY OF JOHNSON )ss. . I,. Ruth Demuth, City Clerk of the City of Tiffin, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of the =Resolution No. 2008-1( , which was passed by the City Council of. Tiffin, Iowa, at a special meeting held on the 28th day of May 2008, all as the same appears of record in my office. Dated at Iowa City,`Iowa, this 28th day of Ma 2008. RUT DFMUTH, City Clerk STATE OF IOWA ), COUNTY OF JOHNSON )ss. On this day of May 2008, before me, a Notary Public, in and for the State- of Iowa, personally appeared Ruth Demuth, to me , personally known, and who, being by me duly sworn, did,,, say that she is the city clerk, of the City of Tiffin, Iowa; and that the instrument was signed on behalf of the corporation, by ;authority of its city council, as contained in the resolution adopted by the city council, and. that Ruth Demuth acknowledged the execution of the instrument to' be her voluntary act and deed and the voluntary act and, deed of the corporation, by it voluntarily executed. tary Public in anfor the State of Iowa kd CHAPTER 28E AGREEMENT BY AND BETWEEN THE CITY OF CORALVILLE AND THE CITY OF TIFFIN REGARDING THE PROVISION OF NONRESIDENTIAL BUILDING INSPECTIONS FOR THE CITY OF TIFFIN. WHEREAS, the City of Tiffin ("Tiffin") has approached the City of Coralville ('Coralville")with a:request to have the Coralville perform nonresidential building inspections for any construction required to obtain a building permit; and WHEREAS, Coralville 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, Chapter 28E of the Code of Iowa provides that public agencies may contract with contract with other public agencies to perform any governmental service it is lawfully allowed to perform; and WHEREAS, Tiffin and Coralville desire to enter into a 28E Agreement.to provide said t nonresidential building inspection services for the City of Tiffin, Iowa. NOW, THEREFORE, THE PARTIES.HERETO MUTUALLY AGREE TO THE FOLLOWING TERMS AND CONDITIONS: I . Tiffin shall, upon execution of this agreement, if it has not already done so, adopt the following building codes: a. International Building Code (2006) b. International Fire Code (2046) C. International Mechanical Code (2006) d. International Plumbing Code (2006) f e. International Fuel -Gas Code (2006) f. National Electrical Code (2005) ' 2. Coralville, through its building inspection department agrees to furnish appropriate building plan review and building inspection services concerning enforcement of the aforementioned codes. Coralville shall perform its duties upon request'of the Tiffin City Clerk. 3. Tiffin hereby agrees to pay to Coralville the sum of $35.00 per hour for inspection and enforcement services, plus mileage costs associated with Coralville's employees. For purposes of this paragraph, the current mileage cost shall be at the then -current mileage established by Coralville. All costs 'shall be paid within 30,days of invoice by Coralville and shall be made payable to the City of Coralville. 4. Tiffin hereby agrees to save, defend and hold Coralville and its employees and. agents harmless from any and all claims arising out of any alleged error or omission in r connection with the performance of inspection and enforcements services specified in this agreement. f 5. This agreement shall be in full force and effect upon the execution of both parties and shall remain in effect until June 30, 2009. Thereafter the agreement shall automatically renew for successive one-year terms unless otherwise agreed t6 by the parties in writing, except as provided in numbered paragraph 5 below. This agreement may be amended by agreement of both parties. Either party may terminate said agreement by filing written notice of the same to the Mayor of either city within 60 days of each successive June 30th. In this instance, the agreement shall become null and void as of that July 1 St 6. Notwithstanding any term of this agreement to the contrary, the parties -agree that, beginning July 1, 2009, and each July 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 September 1St 7. No separate agency. Both parties expressly agree that no separate agency shall be created by this Agreement, and that the City Council of each City shall administer each city's, duties hereunder. ' 8. Filing. After execution and approval of this Agreement, the City Clerk of Coralville shall file a copy of this Agreement with the Secretary of State as required by law. TIFFIN: This agreement was session on this 9ft, day of by official action of the Tiffin City Council in official MT_ • r Tiffs City Clerk i 11 CORALVILLE: ; This agreement was approved by official action of the Coralville City Council in official session on this day of , 2008. r Jim L. Fausett,,Mayor ATTEST: Thorsten 1 Johnson, Coralville City Clerk 3 F2008-11 Prepared by: Stephen N. Greenleaf, POB 1757 Iowa City, IA 52244,(319)351-1056 CERTIFICATION OF CITY CLERK STATE OF IOWA ) COUNTY OF JOHNSON )ss. I, Ruth Demuth, City Clerk of the City of Tiffin, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of the Resolution No. 2008-1( , which was passed by the City Council of Tiffin, Iowa, at a special meeting held on the 28th day of May 2008, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 28th day of May,2008. RUTH" DFMUTH, City Clerk STATE OF IOWA ) COUNTY OF JOHNSON )ss. On this day of May 2008, before me, a Notary Public, in and for the State of- Iowa, personally appeared Ruth Demuth, to me personally known, and who, being by me duly sworn, did say that she is the city clerk, of the City of Tiffin, Iowa; and that the instrument was signed on- behalf of the corporation, by authority of its city council, as contained in the resolution adopted by the city council, and that Ruth Demuth acknowledged the execution of the instrument to be her voluntary act and deed and the 'voluntary act and deed of the corporation, by it voluntarily executed. (§taiy Public in anfor the State of Iowa -.Ili �.IpM 141A OUNAM oocMasunNnnr uou,woo kd