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HomeMy WebLinkAbout04- Manhattan, Building Officials " JUN. 4. 21;K:l4 9:55AM CITY OF EOZEMAN NO.621 P.2 ! , . l . .' , . . \ ,........,. .,' I INTERLOCALAGREEMENT I ! THIS AGREEMENT made and entered into this 28th day of June , 2004, by I and betWeen the Town of Manhattan, Montana, a municipal corporation and politica1subdivision of the State of Montana, with its principal offices located at 120 West Main, Manhattan, Montana I 59741, hereinafter referred to 88 "MANHA TT AN" and the City of Bozeman, Montana. a municipal I corporation and political subdivision of the State of Montana, with its principal offices located at 411 i East Main Street, Bozeman, Montana 59715, hereinafter referred to as "BOZEMAN", RECITALS I WHEREAS, Manhattan has recently adopted (and enforces) the 1993 Model Energy Code; I 2003 International Building Code; 2003 International Residential Code; 2003 International Existing Building Code; 2003 International Mechanical Code; 2003 International Fuel Gas Code; 2003 I Uniform Plumbing Code; 2002 NFPA 99C - Gas and vacuum Systems; 2002 NFPA National Electrical Code; 1997 Unifonn Fire Code (newer code to be adopted soon); and 2003 NFPA I - Unifonn Fire Code; and, I : WHEREAS, Manhattan currently does not employ a Building Official, or need a full time inspector but desires to have a trained and qualified person perform these duties under contract \lIltil such time as the inspection program is self-sustaining and can afford a part or full-time employee; and, WHEREAS, Bozeman has on staff ICC certified building officials and, on an interim basis, is willing to assist Manhattan in the operation and enforcement of its building inspection program until such time as is mutually agreed upon by both parties; and, WHEREAS, ~7 -11-101, Montana Code Annotated et 3eq. 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, THEREFORE, in consideration of the foregoing recitals and the term& and conditions contained herein, the parties agree as follows: 1. Duration of Aereement. This Agreement shall commence on the first working day of the month following execution by all parties and shall continue Wldor the fallowing terms and conditions from year to year, W1less sooner tenninated as 8et forth herein. 2. Pua:pole. A. Bozeman hereby ,grcos to provide a qualified building official to be available in Manhattan the first Tuesday of each month and otherwise as needed to assist Manhattan with enforcement, within Manhattan' s jurisdictional limits, of the 1993 Model Energy Code; 2003 1 JUN. 4.2004 9:56AM CITY OF BOZEMAN NO.621 P.3 . . .. .i . - -' I I International Building Code; 2003 International Residential Code; 2003 International Existing Building Code; 2003 Intemational Mechanical Code; 2003 International Fuel Gas Code; 2003 Uniform Plumbing Code; 2002 NFPA 99C - Gas and vacuum Systems; 2002 NFPA Natjonal i Blectrical Code; 1997 Uniform Fire Code (newer code to be adopted 8oon); and 2003 NFP AI. Uniform Fire Codo; Manhattan affirmatively acknowledg~s it has adopted each of these editions and i has the authority to enforce the provisions therein. Manhattan further agrees to give the Bozeman building official authority to do so within the Manhattan jurisdictional area. I B. For the purposes of this Agreement, the tenn "building official" shall be interpreted to I mean the Bozeman Building Official or qualified deputy a8 assigned by Bozeman. 3. EmDlovment Status. The Bozeman building official will continue to be an employee i I Ofth5 City of Bozeman in the perfonnance of this Agreement and Bozeman agrees to comply with I all applicable laws, rules and regulations adopted or promulgated by any governmental agency or regulatory body for payment ofwagcs and benefits for public omployees, both State and Federal, and I furthennore agrees to assume full responsibility for the payment of all conuibutions of all Federal and State income or other payroll tax or assessment, Social \ Security, worker's compensation I I insurance, unemployment insurance, health insurance, or any other required deduction or ! contribution for its employees in the perfonnance of this Agreement. 4. Finuclal Arranllementt. A. Manhattan agrees to pay to Bozeman the hourly rate of pay of Seventy-Five and Noll 00 Dollars (S75.00) for a l'trip fee". This hourly rate shall be applied to not more than one (1) hour of travel time round-trip from Bozeman to Manhattan and return, as necessary. This hourly rate may be adjusted based upon the impact of paragraph C below. B. For plan review and pennits issued after the date of this Agreement, Manhattan will pay fees for building additions, and commercial/residential building construction projects. Fees will be assessed upon the fOllowing criteria, formulas and tables attached as exhibits CIA" and liB" hereto. I. The Building Pennit Fee will be detennined on the following fonmda usinS Upper Mean in Group A: (Total Hourly Rate) (Table "A") (BUilding Square Footage) where: Administrative and Internal Charaes = Administrative ChargeslBmployee Number of Personnel Administrative Chame~mplQyee "" Administrative ChargeslEmployee/Hour1800 (net work hours/year) 2 JUN. 4.2Q04 9:56AM CITY OF BOZEMAN NO.621 P.4 . . , . i '........' '" I I ! ! Administtative CharlleslEmnlQyeelHour + Inspector's Hourly Pay Rate = Total Hourly Rate I I I 2. The Plan Review fee will be detennined on the following fonnula using Upper Mean in I ; Group A: (Total Hourly Rate)(Table "B")(BuildinK Square Footage) where: i Administrative & Internal Charges ~ Admin. Charges/employee # Personnel I I ! Admin. ChlU'eeslEnlnlovco'" Admin. Charges/EmployeelHour1800 (net work hours/~ar) I I Total Hourlv Rate = Admin. ChargeslEmployeelHour + Plans Examiner Hourly Pay Rate C. Notwithstanding the foregoing, Manhattan affirmatively acknowledges and I I understands that Bozeman is currently under an MPEA contract. This contract detennines the wages I of the building inspectors. Therefore, Manhauan acknowledges and understands the amoWlts agreed to in part B above may increase as determined by any wage increases agreed to under the MPEA contract, which encompasses the years through 2007. Should this contract be re.negotiated while this a~mnent is still in effect, Bo~cman agn:es to notify Manhattan of any contract changes and the amount of increase required under those negotiated contracts. S. PerfonnanceIRelDDDllbilitiea. It is anticipated by the parties that during the term of this Agreement, a building official from Bozeman will be in Manhattan at a minimum on the first Tuesday of each month and on such days of the week as may hereafter be agreed. upon by tho parties. The building official will otherwise be available "on call" through the Bozeman office. Manhattan will provide office space, files, permit fonns and office equipment as needed after the initial master set of forms is provided. The Town of Manhattan will receive all construction plan submittals and calculate all fees based upon the schedules provided. Manhattan may add an administrative fee if desired. Construction plans will be forwarded to the building official, or the party making the submission will be directed to the building official's office in Bozeman. Administrative, plan review and permit fees arc to be paid at the time the permit is issued. The buildins official shall pmonn all duties, iS8u13 cease and desist orders, perform all plan reviews, perform site inspections and calculate all fees as required by the above.refetenced codes and the Town ofManhattan. Fees collected shall be receipted in, accounted for and transferred to the ClerklTrcasurer for the Town of Manhattan as soon as possible after receipt thereof by the Bozeman building official when necessary. Bozeman acknowledges that the services to be porfonnedincludes enforcement to the point of issuance ofa "Stop Work" notice. at which time, the matter will be referred to Manhattan and the Town Attorney for further action regarding the above. referenoed codes for projects whigh are QommmQed after the offo"tive dato of this AgrnD1911t, 6. Termination. Either party may terminate this agreement by giving thirty (30) dayS written 3 JUN. 4.20.04 9:57AM CITY OF BOZEMAN NO.621 P.5 " . . . . c" . , I - I i I notice to the other party at the following mailing address~ I City of Bozeman Town of Manhattan I Attention: Building Division Attention: Clerk/Treasurer I P.O. Box 1230 120 West Main I Bozeman, MT 59771-1230 Manhattan, MT 59741 I I I 7. Review/evaluation. This Agreement shall be reviewed on an annual basis by the I parties in order to evaluate the efficacy of the agreement. Adjustments and modifications may I thereafter be recommended and made according to Section 12 of this Agreement. 8. Interpretation. This Agreement shall be governed by and intCIpretod. according to I " 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. ! , : 9. Severability. The provisions of this Agreement are independent and severable and I the invalidity, partial invalidity or unenforeeabitity of anyone of the provisions, or any portion I thereof, shall not affect the validity or enforceability of any other provision. , 10. Hold Harmlell. Manhattan agrees to release, defend, indemnify and hold harmless the City ofBo~eman, its officers, employees, agents and assigns from and against any and all actions, claims, liabilities, demands or usertions of liability, causes of action, lostles, costs and expenses including, but not limited to. reasonable attorney's feo8, involving or relating to any hann, injury or damage, suffered or sustained by Manhattan's employees, agents and representatives, or any third party, which in any manner may arise or be alleged to bave arisen, or resulted or alleged to have resulted from the perfonnanee of Bozeman's building official's duties while acting in an official capacity under the tenDs of this Agreement. However, this indemnification agreement does not apply if the official or agent is acting outside the scope of this Agreement. 11. Attorney's Feel. In the evont that it becomes necessary for any party to this Agreement to retain an attorney to enforce any tenns or conditions of this Agreement, then the prevailing party shall be entitled to costs and reasonable attorney's fees, including fees ofin-house counselor City Attorney costs, including fees on appeal. 12. Entire AlrreemeDt. 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. No covenant, tenn or addition to this Agreement shall be deemed waived by either party unless such waiver shall be reduoed to writing and signed by the parties. 13. Separate Leeal EDtity. There shall be no separate legal entity created as a consequence of this Agreement. 14. Venue. Venue for any cause ofaetion arising out oflhis Agreement shall be the Montana Eighteenth Judicial District Court, Gallatin County. 15. Effective Date. This Agreement shall be effective after approval by the respective governing bodies. It is the intent that said Agreement sball be effective on the date stated in the first 4 JUN. 4.21Zl04 9:57AM CITY or BOZEMAN NO.621 P.6 . , . . , . . paragraph of this Agreement. 16. Recordation. This Agreement shall be filed with the Gallatin County Clerk and ' ! Recorder and Montana Secretary of State as required by Section 7..11.107, MeA. I t DATED this 28th day of June. 2004. I CITY OF Manbattan I 'iluMLb"l-> ~ , Eleaaor Me.t, Mayor Ron Brey, City I I ATR - ATTEST: I f? :L~ Ud0~ I Vicki EllisOIl, ClerkITreasurer Ro in L. SUlliVID, Clerk Commi.sion I erleD, hattan Town Attorney 5 JUN. 4.2004 9:57AM CITY OF BOZEMAN NO.621 P.7 , , L . TABLE A . . . . . , I , " BUILDING PERMIT FACTORS ,- ' A = 1 Hour Rated 'construction 8 = Non Rated Construction I Group [Tvpel rYDell& lit ITvP' IV & V A&8 A 8 A B I A i Mean 0.0026 0.0026 0.0019 0.0022 0.0022 UDDer Mean 0.0032 0.0032 0.0024 0.0026 0.0026 I Lower Mean 0.002 0.002 0.0014 0.0018 0.0018 ! 8 Mean 0.0025 0.0022 0,0016 0.0028 0,0028 I UDDer Mean 0.0034 0,0026 0.0019 0.0032 0,0032 I Lower Mean 0.0016 0.0016 0.0013 0.0024 0.0024 E I Mean 0.0025 0.0022 0'.0016 0.0021 0.003 I UDDer Mean 0.0034 0.0026 0.0019 0.0024 0.0034 Lower Mean 0.0016 0.0018 0.0013 0.0018 0.0026 I I F1-F2 I Mean 0.0023 0,0014 0-:0-017 0.0012 0.0028 UDoer Mean 0,0027 0.0016 0.002 0.0014 0.0032 I Lower Mean 0.0019 0.0012 0.0014 0.001 0.0024 H 1-H5 Mean 0.003 0.003 0.0029 0.0033 0,0014 UDDer Mean 0,0036 0.0038 0.0029 0.004 0.0011 Lower Mean 0.0024 0.0024 0.0023 0.0026 0,0011 11..14 ~e8n 0.003 o.oQffi 0,003 0.0026 0.0028 UDoer Mean 0.0036 0.0029 0.0038 0.0031 0.0031 Lower Mean 0.0024 0.0023 0,0024 0.0021 0.0021 M Mean 0.0014 0.0014 0.0013 0.0028 0.0028 UDDer Mean 0.0016 0.0018 ' 0.0016 0.0032 0.0032 Lower Meen 0.0012 0.0012 0.001 0.0024 0.0024 R '-R4 Mean 0.0014 0.0026 0,0018 0.0027 0.0027 UDDer Mean 0.0018 0.0029 0.0021 0.0031 0.0031 Lower Mean 0,001 0.0021 0,0015 0.0023 0.0023 91.82 & U Mean 0.0016 0.003 0.0027 0.0016 0.0022 IJpper Mean 0,0019 0.0036 0.0031 0.0019 0.0026 Lower Mean 0.0013 0.0024 0.0023 0.0013 0.0018 SFD Mean 0.0027 UDDer Mean 0.0031 Lower Mean 0.0023 (Based on Amount of InspllcUon Time/Sq, n. Conslrug\jgO Type Fire Rating) (75 · Square Footage · Table Factor (Above)) JUN. 4.2~04 9:58AM CITY OF BOZEMAN NO.52! P.B ~ .L .. TABLE B . I . '. . . . PLAN REVIEW FACTORS ~ .- A = 1 Hour Rated Construction B II:: Non Rated Conatructlon I GrOUD TvD8 I I TvD' 11111I TYDI IV & V A&B A e A B I A i Mean 0.003 0.003 0.0025 0.0025 0.0025 UDDer Mean 0.0035 0.0035 0.0029 0.0029 0.0029 I Lower Mean 0.0025 0.0025 0.0021 0.0021 0.0021 B I Mean 0.0014 0.0025 0.0018 0,003 0.003 I Uooer Mean 0,0018 0.0029 0,0021 0.0035 0.0035 l.ower Mean 0.001 0.0021 0.0015 0,0025 0.0025 I E Mesn 0.0036 0.0038 0.0024 0.0024 0.0036 I Upper Mean 0.0043 0.0043 0.0028 0.0028 0.0043 Lower Mean 0.0029 0,002 0.002 0,002 0.0029 ! F1.F2 I Mean 0.0023 0.0018 0.0023 0.0014 0.0033 Upper Mesn 0.0027 0.0021 0.0027 0.0017 0.004 I Lower Mean 0.0019 0.0015 0.0019 0.0011 0.0028 H1.H5 Mean 0.0052 0.0052 0,0035 0.0033 0.0014 UDoer Mean 0.0057 0.0057 0.0041 0.004 0.0017 Lower Meen 0.0047 0.0047 0.0029 0.0026 0.0011 11-14 Mean 0.0052 0.0035 0.0052 0.0033 0.0033 Upper Mean 0.0057 0.0041 0.0057 0,0039 0.0039 Lower Mean 0.0047 0.0029 0,0047 0.0027 0,0027 M Mesn 0.0016 0.0009 0.0016 0.0038, 0.0036 UPDer Mean 0.0019 0.0011 0.0019 0.0045 0.0045 Lower Mean 0.0013 0.0007 0.0007 0.0031 0.0031 R1-R4 Mean 0.0014 0.0018 0.0025 0.0025 0.0025 Upper Mean 0.001 e 0.0021 0.0029 0.0029 0.0029 Lower Mean 0.001 0.0016 0.0021 0.0021 0.0021 81.82 & U Mean 0.0018 0.0033 0.0033 0,0018 0.0027 UDPer Mean 0:0021 0.00S9 0.0039 0.0021 0.003l l.owe(t\t1ean 0.0015 0.0027 0.0027 0.0014 0.0022 SFD Mean 0.0025 Upper Mean o.OO:ie Lower Mean -0:0021 CBased on Amount of Plan Rsvlaw Time/Sq. FL. ConllwcUon Typlll ~11'8 Rating) (75 X Square Footage X Table Factor (Above))