HomeMy WebLinkAbout02- Livingston for Building Official
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INTERLOCAL AGREEMENT
THIS AGREEMENT made and entered into this __J5_!b_ day of July 2002, by and
between the City of Livingston, Montana, a municipal corporation and political subdivision of the
State of Montana, with its principal offices located at 414 East Callender Street, Livingston, Montana
59047, hereinafter refened to as "LIVINGSTON" and the City of Bozeman, Montana, a municipal
corporation and political subdivision ofthe State of Montana, with its principal offices located at 411
East Main Street, Bozeman, Montana 59715, hereinafter referred to as "BOZEMAN".
RECIT ALS
WHEREAS, Livingston has adopted and enforces the Uniform Building Code 1997 Edition,
Model Energy Code, 1993 Edition, Unifoffil Code for Building Conservation, 1997 Edition, CABO
One and Two Family Dwelling Code, 1995 Edition, Unifonn Mechanical Code (lCBO), 1997
Edition, and the Uniform Code for the Abatement of Dangerous Buildings and state mandated
amendments; and,
WHEREAS, Livingston's Building Official has resigned leaving Livingston without a
qualified individual to monitor its building inspection program; and,
WHEREAS, there are currently sixty-eight (68) open building permits; and,
WHEREAS, Bozeman has on staff duly ICBO certified building officials and, on an interim
basis, is willing to assist Livingston in the operation and cnforcement of its building inspection
program until a new building official is on staff with Livingston; and,
WHEREAS, 1(;7-11-101, Montana Code Annotated et seq, provides that local governmental
units may enter into agreements to make the most efficient use of their powers by enabling them to
cooperate with other local government units on a basis of mutual advantage and thereby provide
services and facilities in a manner that will best accord the needs and development of local
communities,
NOW, THEREF'ORE,in consideration of the foregoing recitals and the terms and
conditions contained herein, the parties agree as follows:
l. Duration of AQ:reement. This Agreement shall commence on July _,!_~!b_, 2002 cU1d
shall expire upon the date Livingston provides written notice to Bozeman that it has replaced its
vacant building official position, unless sooner te1111inated as set forth herein.
2. Purpose. A. Bozeman hereby agrees to provide a qualified building official for up
to two days per week assist Livingston enforce within Livingston'sjurisdictionallimits the Unifonn
Building Code, 1997 Edition, Model Energy Code, 1993 Edition, Unifonn Code for Building
Conservation, 1997 Edition, CABO One and Two Family Dwelling Code, 1995 Edition, the Unifolln
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Mechanical Code (lCBO), 1997 Edition, and the Unifoffil Code for the Abatement of Dangerous
Buildings. Livingston affinnatively acknowledges it has adopted each ofthese editions and has the
authority to enforce the provisions therein. Livingston further agrees to give the Bozeman building
official authority to do so within the Livingston jurisdictional area.
B. For the purposes of this Agreement, the tern1 "building official" shall be interpreted to
mean the Bozeman Building Official or qualified deputy as assigned by Bozeman.
3. Emplovment Status. The Bozeman building official will continue to be an employee
of the City of Bozeman in the performance of this Agreement and Bozeman agrees to comply with
all applicable laws, rules and regulations adopted or promulgated by any govemmental agency or
regulatory body for payment of wages and benefits forpublic employees, both State and Federal, and
furthennore agrees to assume full responsibility for the payment of all contributions of all Federal
and State income or other payroll tax or assessment, Social Security, worker's compensation
insurance, unemployment insurance, health insurance, or any other required deduction or
contribution for its employees in the performance of this Agreement.
4. Financial Arranl!ements.
A. For outstanding pennits, Livingston agrees to pay to Bozeman, the hourly rate
ofSeventy~Five and Noll 00 Dollars ($75.00) for building inspection services and the hourly rate of
Seventy-Four and Noll 00 Dollars ($74.00) for plan review services. The hourly rate of pay shall be
applied to not more than one (1) hour of travel time round~trip from Bozeman to Livingston and
return, ifnecessary. Such pay for travel time shall also cover vehicular mileage and meal expenses.
B. Notwithstanding the foregoing, Livingston affirmatively acknowledges and
understands that Bozeman is currently in the process of negotiating the MPEA contracts. These
contracts detennine the wages of the building inspectors. Therefore, Livingston acknowledges and
understands the amounts agreed to in part A above may increase as determined by any wage
increases agreed to under the MPEA contract negotiations. Bozeman agrees to notify Livingston of
any contract changes and the amount of increase required under those contracts.
C. For plan review and pennits issued after the date of this Agreement,
Livingston will pay fees for building additions, and commercial/residential building construction
projects, Fees will be assessed upon the following criterial, formulas and tables attached as exhibits
"A" and "B" hereto,
1. The Building Permit Fee will be determined on the following formula:
(Total Hourly Rate) (Table ....A") (Building Square Footage) where:
Administrative and Internal Charges = Administrative Charges/Employee Number of
Personnel
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Administrative Charges/Employee = Administrative Charges/Employee/Hour1800 (net work
hours/year)
Administrative Charges/Employee/Hour + Inspector's Hourly Pay Rate co, Total Hourly Rate
2, The Plan Review fee will be detcrnlined on the following formula:
(Total Hourly Rate)(Table "B")(Building Square Footage) where:
Administrative & Internal Charges'c Admin, Charges/employee # Personnel
Admin, Charges/Employee-',' Admin, Charges/Employee/Hour 1800 (net work hours/year)
Total Hourly Rate = Admin, Charges/Employee/Hour + Plans Examiner Hourly Pay Rate
5, Performance/Responsibilities. It is anticipated by the parties that during the ternI
of this Agreement, a building official from Bozeman will be in Livingston a maximum of two (2)
days each week on such days of the week as may hereafter be agreed upon by the parties, Livingston
will provide office space, files, and permit fOllIS and office equipment
The bui Idi ng official shall perform all duties, issue all necessary pernlits, issue cease
and desist orders, perform all plan inspections, perform site inspections and collect all fees as
required by the above-referenced codes and the City of Livingston, Fees collected shall be receipted
in, accounted [or and transferred to the Finance Officer for the City of Livingston as soon as possible
after receipt thereof by the Bozeman buIlding officiaL Bozeman acknowledges that the services to
be perfOlmed includes enforcement of the above-referenced codes for projects cunently underway,
as well as new projects which are commenced after the effective date of this Agreement.
6, Termination. Either party may terminate this agreement by giving thirty (30) days written
notice to the other party,
7, Interpretation. This Agreement shall be governed by and interpreted according to
the laws of the State of Montana, Section headings are for convenience only and are not intended
to define or limit the scope of any provision of this Agreement.
8, Severabilitv. The provisions of this Agreement are independent and severable and
the invalidity, partial invalidity or unenforceability of anyone of the provisions, or any portion
thereoe shall not affect the validity or enforceability of any other provision,
9, Hold Harmless. Livingston agrees to release, defend, indemnify and hold hamIless
the City of Bozeman, its officers, employees, agents and assigns from and agai nst any and all actions,
claims, liabilities, demands or assertions of liability, causes of action, losses, costs and expenses
including, but not limited to, reasonable attorney's fees, involving or relating to any harm, injury or
damage, suffered or sustained by Livingston's employees, agents and representatives, or any third
party, which in any manner may arise or be alleged to have ansen, or resulted or alleged to have
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resulted from the perfonnance of Bozeman's building official's duties while acting in an oUicial
capacity under the terms of this Agreement.
10. Attorney's Fees. In the event that it becomes nccessary for any party to this
Agreemcnt to retain an attorney to enforce any terms or conditions of this Agreement, then the
prevailing pariy shall be entitled to costs and reasonable attorney's fees, including fees of in-house
counselor City Attomey costs, including fees on appeal.
11. Entire Aereement. This Agreement is the entire agreement between the parties. No
alteration, amendment, modification, or addition shall be binding unless reduced to writing and
signed by the parties,
12, Venue. Venue for any cause of action arising out of this Agreement shall be the
Montana Eighteenth Judicial District Court, Gallatin County.
DATED this ---.1~th.._ day of J llly 2002.
CITY OF BOZEMAN
c:.. \ \
Steve Golnar, Clark V. Johnson, City Manager
ATTEST: ~~Tj ~
Pam Payovich, R cording Secretary Robin L. Sullivan~ Clerk Commission
APprittt4~
Bruce Becker, City Attorney
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RESOLUTION NO. 3281
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LIVINGSTON,
MONTANA, AUTHORIZING CITY MANAGER TO ENTER INTO AN INTERLOCAL
AGREEMENT WITH THE CITY OF BOZEMAN FOR TEMPORARY BUILDING
INSPECTION AND ENFORCEMENT SERVICES.
WHEREAS, the City of Livingston has adopted and enforces the Unifonn Building Code
and related documents; and
WHEREAS, the City's Building Official has resigned; and
WHEREAS, there are currently 68 open building permits; and
WHEREAS, the City of Bozeman, Montana, on an interim basis, is willing to assist the
City of Livingston in the operation of its building inspection program until a new building
official is on staff; and
WHEREAS, the lnterlocal Agreement attached hereto as Exhibit A, which is
incorporated by this reference as though fully set forth herein establishes the terms and
conditions to have the City of Bozeman provide building inspection and enforcement services to
the City of Livingston's building inspection program.
NOW, THEREFORE, BE IT RESOLVED, by the City Commission of the City of
Livingston, Montana, that lnterlocal Agreement with the City of Bozeman for building inspection
which is attached hereto as Exhibit A.
tii: PASSED AND ADOPTED by the
I day of July, 2002.
ATTEST:
llm'l2prtt/A
PAM PAYOVICH
Recording Secretary
Resolution No. 3281
Authorizing Interlocal Agreement with City of Bozeman for building inspection.
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