Resolutions-2012-62

RESOLUTION 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