HomeMy WebLinkAbout09-22-20 City Commission Packet Materials - C5. Agreement w SAFEbuilt LLC for 3rd Party Inspection Services
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Josh Waldo, Fire Chief
Jeff Mihelich, City Manager
SUBJECT: Authorize City Manager’s signature on agreement with SAFEbuilt, LLC
for third party building inspection services.
MEETING DATE: September 22, 2020
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize City Manager’s signature on agreement.
BACKGROUND: The City of Bozeman continues to see significant development in the
community. Several of these developments are very large and complex commercial buildings
that require a specific skill set and level of knowledge to conduct the necessary inspections. The
Building Department is working diligently to train the current building inspectors on how to
conduct these inspections but needs some assistance in bridging the gap for the time being to
keep development projects moving forward.
The attached professional services agreement (PSA) with SAFEbuilt, LLC, provides third party
inspection services to the City, on an as needed basis, to assist in conducting required building
inspections. These third party inspectors will conduct building inspections on the City’s behalf,
using the same adopted codes and processes as city building inspectors.
ALTERNATIVES: As suggested by the City Commission
FISCAL EFFECTS: The Building Fund will cover the cost of the third party inspector
following the rates outlined in Appendix A of the agreement.
Attachments: Professional services agreement between City of Bozeman and SAFEbuilt, LLC.
Report compiled on: September 22, 2020
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF BOZEMAN, MONTANA
AND SAFEbuilt, LLC
This Professional Services Agreement (“Agreement”) is made and entered into by and between City of Bozeman,
Montana, a self-governing municipal corporation organized and existing under its Charter and the laws of the State
of Montana, 121 North Rouse Street, Bozeman, Montana with a mailing address of PO Box 1230, Bozeman, MT
59771 (“Municipality”) and SAFEbuilt, LLC, (“Consultant”). Municipality and Consultant shall be jointly referred to
as “Parties”.
RECITALS
WHEREAS, Municipality is seeking a consultant to perform the services listed in Exhibit A – List of Services
and Fee Schedule, (“Services”); and
WHEREAS, Consultant is ready, willing, and able to perform Services.
NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged,
Municipality and Consultant agree as follows:
1. SCOPE OF SERVICES
Consultant will perform Services in accordance with codes, amendments and ordinances adopted by the
elected body of Municipality. The qualified professionals employed by Consultant will maintain current
certifications, certificates, licenses as required for Services that they provide to Municipality. Consultant is
not obligated to perform services beyond what is contemplated by this Agreement.
Unless otherwise provided in Exhibit B, Consultant shall provide the Services using hardware and Consultant’s
standard software package. In the event that Municipality requires that Consultant utilize hardware or
software specified by or provided by Municipality, Municipality shall provide the information specified in
Exhibit B. Consultant shall use reasonable commercial efforts to comply with the requirements of Exhibit B
and Municipality, at its sole expense, shall provide such technical support, equipment or other facilities as
Consultant may reasonably request to permit Consultant to comply with the requirements of Exhibit B.
2. CHANGES TO SCOPE OF SERVICES
Any changes to Services between Municipality and Consultant shall be made in writing that shall specifically
designate changes in Service levels and compensation for Services. Both Parties shall determine a mutually
agreed upon solution to alter services levels and a transitional timeframe that is mutually beneficial to both
Parties. No changes shall be binding absent a written Agreement or Amendment executed by both Parties.
3. FEE STRUCTURE
In consideration of Consultant providing services, Municipality shall pay Consultant for Services performed in
accordance with Exhibit A – List of Services and Fee Schedule.
4. INVOICE & PAYMENT STRUCTURE
Consultant will invoice Municipality as SAFEbuilt, LLC, on a monthly basis and provide all necessary supporting
documentation. All payments are due to Consultant within 30 days of Consultant’s invoice date. Payments
owed to Consultant but not made within sixty (60) days of invoice date shall bear simple interest at the rate
of one and one-half percent (1.5%) per month. If payment is not received within ninety (90) days of invoice
date, Services will be discontinued until all invoices and interest are paid in full. Municipality may request,
and Consultant shall provide, additional information before approving the invoice. When additional
information is requested Municipality will identify specific disputed item(s) and give specific reasons for any
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request. Undisputed portions of any invoice shall be due within 30 days of Consultants invoice date, if
additional information is requested, Municipality will submit payment within thirty (30) days of resolution of
the dispute.
5. TERM
This Agreement shall be effective on the latest date on which this Agreement is fully executed by both Parties.
The initial term of this Agreement shall be twelve (12) months, subsequently; Agreement shall automatically
renew for twelve (12) month terms, unless prior notification is delivered to either Party thirty (30) days in
advance of the renewal date of this Agreement. In the absence of written documentation, this Agreement
will continue in force until such time as either Party notifies the other of their desire to terminate this
Agreement.
6. TERMINATION
Either Party may terminate this Agreement, or any part of this Agreement upon sixty (60) days written notice,
with or without cause and with no penalty or additional cost beyond the rates stated in this Agreement. In
case of such termination, Consultant shall be entitled to receive payment for work completed up to and
including the date of termination within thirty (30) days of the termination.
All structures that have been permitted, a fee collected, and not yet expired at the time of termination may
be completed through final inspection by Consultant if approved by Municipality. Consultant’s obligation is
met upon completion of final inspection or permit expiration, provided that the time period to reach such
completion and finalization does not exceed ninety (90) days. Alternately, Municipality may exercise the
option to negotiate a refund for permits where a fee has been collected but inspections have not been
completed. The refund will be prorated according to percent of completed construction as determined by
Consultant and mutually agreed upon by all Parties. No refund will be given for completed work.
If Consultant refuses or fails to timely do the work, or any part thereof, or fails to perform any of its
obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the
Municipality may, by written notice, terminate this Agreement and the Consultant’s right to proceed with
all or any part of the work (“Termination Notice Due to Consultant’s Fault”). The Municipality may then
take over the work and complete it, either with its own resources or by re-letting the contract to any other
third party. In the event of a termination pursuant to Consultant’s Fault, Consultant shall be entitled to
payment only for those services Consultant actually rendered. In the event of termination pursuant to
Consultant’s Fault, Consultant or Municipality shall, under no circumstances, be entitled to claim or
recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead,
general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result
of the termination.
7. FISCAL NON-APPROPRIATION CLAUSE
Financial obligations of Municipality payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available in accordance with the rules,
regulations, and resolutions of Municipality, and other applicable law. Upon the failure to appropriate such
funds, this Agreement shall be terminated.
8. MUNICIPALITY OBLIGATIONS
Municipality shall timely provide all data information, plans, specifications and other documentation
reasonably required by Consultant to perform Services. Municipality grants Consultant full privilege, non-
exclusive, non-transferable license to use all such materials as reasonably required to perform Service.
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9. PERFORMANCE STANDARDS
Consultant shall perform the Services using that degree of care, skill, and professionalism ordinarily exercised
under similar circumstances by members of the same profession practicing or performing the substantially
same or similar services. Consultant represents to Municipality that Consultant retains employees that
possess the skills, knowledge, and abilities to competently, timely, and professionally perform Services in
accordance with this Agreement.
10. INDEPENDENT CONTRACTOR
Consultant is an independent contractor, and neither Consultant, nor any employee or agent thereof, shall be
deemed for any reason to be an employee or agent of Municipality. Municipality shall have no liability or
responsibility for any direct payment of any salaries, wages, payroll taxes, or any and all other forms or types
of compensation or benefits to any personnel performing services for Municipality under this Agreement.
Consultant shall be solely responsible for all compensation, benefits, insurance and employment-related rights
of any person providing Services hereunder during the course of or arising or accruing as a result of any
employment, whether past or present, with Consultant.
Consultant and Municipality agree that Consultant will provide similar service to other clients while under
contract with Municipality and Municipality acknowledges that Consultant employees may provide similar
services to multiple clients. Consultant shall at its sole discretion assign and reassign qualified employees, as
determined by Consultant, to perform services for Municipality. Municipality may request that a specific
employee be assigned to or reassigned from work under this Agreement and Consultant shall consider that
request when determining staffing. Consultant shall determine all conditions of employment for its
employees, including hours, wages, working conditions, promotion, discipline, hiring and discharge.
Consultant exclusively controls the manner, means and methods by which services are provided to
Municipality, including attendance at meetings, and Consultant’s employees are not subject to the direction
and control of Municipality. Except where required by Municipality to use Municipality information
technology equipment or where requested to perform the services from office space provided by the
Municipality, Consultant employees shall perform the services using Consultant information technology
equipment and from such locations as Consultant shall specify. No Consultant employee shall be assigned a
Municipal email address as their exclusive email address and any business cards or other IDs shall state that
the person is an employee of Consultant or providing Services pursuant to a contractual agreement between
Municipality and Consultant.
Consultant shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter
71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71,
MCA. Consultant shall maintain workers’ compensation coverage for all members and employees of
Consultant’s business, except for those members who are exempted by law.
Consultant shall furnish the Municipality with copies showing one of the following: (1) a binder for workers’
compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in
the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent
contractors.
In the event that, during the term of this Agreement, any labor problems or disputes associated with
Consultant’s staff which in turn cause any services to cease for any period of time, Consultant specifically
agrees to take immediate steps, at its own expense and without expectation of reimbursement from
Municipality, to alleviate or resolve all such labor problems or disputes. The specific steps Consultant shall
take shall be left to the discretion of Consultant. Consultant shall provide immediate relief to the Municipality
so as to permit the services to continue at no additional cost to Municipality or Consultant shall provide notice
of termination in accordance with Section 6.
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11. ASSIGNMENT
Neither party shall assign all or part of its rights, duties, obligations, responsibilities, nor benefits set forth in
this Agreement to another entity without the written approval of both Parties; consent shall not be
unreasonably withheld. Notwithstanding the preceding, Consultant may assign this Agreement to its parent,
subsidiaries or sister companies (Affiliates) without notice to Municipality. Consultant may subcontract any
or all of the services to its Affiliates without notice to Municipality. Consultant may subcontract any or all of
the services to other third parties provided that Consultant gives Municipality prior written notice of the
persons or entities with which Consultant has subcontracted. Consultant remains responsible for any
Affiliate’s or subcontractor’s performance or failure to perform. Affiliates and subcontractors will be subject
to the same performance criteria expected of Consultant. Performances clauses will be included in
agreements with all subcontractors to assure quality levels and agreed upon schedules are met.
12. INDEMNIFICATION
For the professional services rendered, to the fullest extent permitted by law, Consultant agrees to indemnify
and hold the Municipality harmless against third party claims, demands, suits, damages, losses, and expenses,
including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct
of the Consultant or Consultant’s agents or employees. Consultant shall have no obligations under this Section
to the extent that any claim arises as a result of Consultants compliance with Municipal law, ordinances, rules,
regulations, resolution, executive orders or other instructions received from Municipality.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity
that would otherwise exist. The indemnification obligations of this Section must not be construed to negate,
abridge, or reduce any common-law or statutory rights of the Municipality as indemnitee(s) which would
otherwise exist as to such indemnitee(s).
Should the Municipality be required to bring an action against the Consultant to assert its right indemnification
under this Agreement or under the Consultant’s applicable insurance policies required below, the Municipality
shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification
but only if a court of competent jurisdiction determines the Consultant was obligated to defend the claim(s)
or was obligated to indemnify the Municipality for a claim(s) or any portion(s) thereof.
In the event of an action filed against the Municipality resulting from the Municipality’s performance under
this Agreement, the Municipality shall represent itself and incur all costs and expenses of suit.
These obligations shall survive termination of this Agreement and the services performed hereunder.
13. LIMITS OF LIABILITY
EXCEPT ONLY AS MAY BE EXPRESSLY SET FORTH HEREIN, CONSULTANT EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES OR ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ERROR-FREE OPERATION, PERFORMANCE, ACCURACY, OR
INFRINGEMENT. IN NO EVENT SHALL CONSULTANT OR MUNICIPALITY BE LIABLE TO ONE ANOTHER FOR INDIRECT,
INCIDENTAL, CONSEQUENTIAL, RELIANCE, EXEMPLARY, OR SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION,
DAMAGES FOR LOST PROFITS, LOST REVENUES. LOST DATA OR OTHER INFORMATION, OR LOST BUSINESS
OPPORTUNITY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, INDEMNITY, NEGLIGENCE,
WARRANTY, STRICT LIABILITY, OR TORT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
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NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY OTHER THAN WITH RESPECT TO PAYMENT
OF OBLIGATIONS FOR SERVICES. EXCEPT WITH RESPECT TO PAYMENT OBLIGATIONS, IN NO EVENT SHALL THE LIABILITY
OF MUNICIPALITY OR CONSULTANT UNDER THIS AGREEMENT FROM ANY CAUSE OF ACTION WHATSOEVER
(REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, AND
WHETHER ARISING BY NEGLIGENCE, INTENDED CONDUCT, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT
OF FEES PAID TO CONSULTANT PURSUANT TO THIS AGREEMENT OR THE AVAILABLE LIMITS OF INSURANCE SPECIFIED
UNDER SECTION 14. INSURANCE.
14. INSURANCE
A. Consultant shall procure and maintain (at Consultant’s expense) and shall cause any subcontractor
of Consultant to procure and maintain, the minimum insurance coverages listed below throughout
the term of this Agreement. Consultant’s insurance coverage shall be through an insurance company
or companies duly licensed and authorized to conduct insurance business in Montana which insures
the liabilities and obligations specifically assumed by Consultant in this Agreement. The insurance
coverage shall not contain any exclusion for liabilities specifically assumed by Consultant in this
Agreement. Such coverages shall be procured and maintained with forms and insurers acceptable
to Municipality. In the case of any claims-made policy, the necessary retroactive dates and extended
reporting periods shall be procured to maintain such continuous coverage.
B. Worker's compensation insurance to cover obligations imposed by applicable law for any employee
engaged in the performance of work under this Agreement, and Employer's Liability insurance with
minimum limits of one million dollars ($1,000,000) bodily injury each accident, one million dollars
($1,000,000) bodily injury by disease – policy limit, and one million dollars ($1,000,000) bodily injury
by disease – each employee. Individual states operate a state administered fund of workers
compensation insurance which set coverage limits and rates.
C. Commercial general liability insurance with minimum combined single limits of one million dollars
($1,000,000) each occurrence and two million dollars ($2,000,000) general aggregate. The policy
shall be applicable to all premises and operations. The policy shall include coverage for bodily injury,
broad form property damage, personal injury (including coverage for contractual and employee
acts), blanket contractual, independent Consultant’s, and products. The policy shall contain a
severability of interest provision and shall be endorsed to include Municipality and Municipality’s
officers, employees, and consultants as additional insureds.
D. Professional liability insurance with minimum limits of one million dollars ($1,000,000) each claim
and two million dollars ($2,000,000) general aggregate.
E. Automobile Liability: If performance of this Agreement requires use of motor vehicles licensed for
highway use, Automobile Liability Coverage is required that shall cover all owned, non-owned, and
hired automobiles with a limit of not less than $1,000,000 combined single limit each accident.
F. Prior to commencement of Services, Consultant shall submit certificates of insurance and
accompanying endorsements acceptable to Municipality. The Municipality shall be endorsed as an
additional or named insured on a primary non-contributory basis on both the Commercial General
and Automobile Liability policies.
15. THIRD PARTY RELIANCE
This Agreement is intended for the mutual benefit of Parties hereto and no third-party rights are intended or
implied.
16. OWNERSHIP OF DOCUMENTS
Except as expressly provided in this Agreement, Municipality shall retain ownership of all work product and
deliverables created by Consultant pursuant to this Agreement and all records, documents, notes, data and
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other materials required for or resulting from the performance of Services hereunder shall not be used by
Consultant for any purpose other than the performance of Services hereunder without the express prior
written consent of Municipality. All such records, documents, notes, data and other materials shall become
the exclusive property of Municipality when Consultant has been compensated for the same as set forth
herein, and Municipality shall thereafter retain sole and exclusive rights to receive and use such materials in
such manner and for such purposes as determined by it. Notwithstanding the preceding, Consultant may use
the work product, deliverables, applications, records, documents and other materials required for or resulting
from the Services, all solely in anonymized form, for purposes of (i) benchmarking of Municipality’s and others
performance relative to that of other groups of customers served by Consultant; (ii) sales and marketing of
existing and future Consultant services; (iii) monitoring Service performance and making improvements to
the Services. For the avoidance of doubt, Municipality Data will be provided to third parties only on an
anonymized basis and only as part of a larger body of anonymized data. If this Agreement expires or is
terminated for any reason, all records, documents, notes, data and other materials maintained or stored in
Consultant’s secure proprietary software pertaining to Municipality will be exported into a CSV file and
become property of Municipality. Notwithstanding the preceding, Consultant shall own all rights and title to
any Consultant provided software and any improvements or derivative works thereof.
Upon reasonable prior written notice, Municipality and its duly authorized representatives shall have access
to any books, documents, papers and records of Consultant that are related to this Agreement for the
purposes of audit or examination, other than Consultant’s financial records, and may make excerpts and
transcriptions of the same at the cost and expense of Municipality.
17. CONSULTANT ACCESS TO RECORDS
Parties acknowledge that Consultant requires access to Records in order for Consultant to perform its
obligations under this Agreement. Municipality shall grant Consultant access to its Records and Record
management systems either in house or from a remote office location so that Consultant may download such
data. Any access to Municipality’s Records and Record management system must be approved by and
arranged with Municipality’s Department of Information Technologies. Data provided to or downloaded by
Consultant pursuant to this Section shall be used by Consultant solely in accordance with the terms of this
Agreement.
18. CONFIDENTIALITY
Consultant shall not disclose, directly or indirectly, any confidential information or trade secrets of
Municipality without the prior written consent of Municipality or pursuant to a lawful court order directing
such disclosure.
19. CONSULTANT PERSONNEL
Consultant shall employ a sufficient number of experienced and knowledgeable employees to perform
Services in a timely, polite, courteous and prompt manner. Consultant shall determine appropriate staffing
levels and shall promptly inform Municipality of any reasonably anticipated or known employment-related
actions which may affect the performance of Services. Additional staffing resources shall be made available
to Municipality when assigned employee(s) is unavailable.
20. INTOXICANTS; DOT DRUG AND ALCOHOL REGULATIONS/SAFETY AND TRAINING
Consultant shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal
drugs, by any employee or agent engaged in services to the Municipality under this Agreement while on
Municipality property or in the performance of any activities under this Agreement. Consultant acknowledges
it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of
Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing.
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Municipality shall have the right to request proof of such compliance and Consultant shall be obligated to
furnish such proof.
Consultant shall be responsible for instructing and training the Consultant's employees and agents in proper
and specified work methods and procedures. Consultant shall provide continuous inspection and supervision
of the work performed. Consultant is responsible for instructing its employees and agents in safe work
practices.
21. LAWS AND REGULATIONS
Consultant shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances
including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited
to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety
rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County,
and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
22. NONDISCRIMINATION AND EQUAL PAY
Consultant agrees that all hiring by Consultant of persons performing this Agreement shall be on the basis
of merit and qualifications. Consultant will have a policy to provide equal employment opportunity in
accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts.
Consultant will not refuse employment to a person, bar a person from employment, or discriminate
against a person in compensation or in a term, condition, or privilege of employment because of race,
color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual
orientation, gender identity, physical or mental disability, except when the reasonable demands of the
position require an age, physical or mental disability, marital status or sex distinction. Consultant shall be
subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code,
and all regulations promulgated thereunder.
Consultant represents it is, and for the term of this Agreement will be, in compliance with the requirements
of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Consultant must report
to the Municipality any violations of the Montana Equal Pay Act that Consultant has been found guilty of
within 60 days of such finding for violations occurring during the term of this Agreement.
Consultant shall require these nondiscrimination terms of its subcontractors providing services under this
Agreement.
23. NOTICES
Any notice under this Agreement shall be in writing and shall be deemed sufficient when presented in person,
or sent, pre-paid, first class United States Mail, or delivered by electronic mail to the following addresses:
If to Municipality: If to Consultant:
Josh Waldo, Fire Chief
City of Bozeman
34 N. Rouse Ave
Bozeman, Montana 59771
Email: jwaldo@bozeman.net
Mobile: 406-579-0362
Joe DeRosa, CRO
SAFEbuilt, LLC
3755 Precision Drive, Suite 140
Loveland, CO 80538
Email: jderosa@safebuilt.com
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24. FORCE MAJEURE
Any delay or nonperformance of any provision of this Agreement by either Party (with the exception of
payment obligations) which is caused by events beyond the reasonable control of such party (such as acts of
God, riots, war, terrorist act, epidemic, pandemic, civil commotion, natural disaster, governmental order or
regulation, national strikes, fire, explosion) shall not constitute a breach of this Agreement, and the time for
performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of
the conditions preventing such performance.
25. DISPUTE RESOLUTION
In the event a dispute arises out of or relates to this Agreement, or the breach thereof, and if said dispute
cannot be settled through negotiation between senior-level personnel from each Party duly authorized to
execute settlement agreements. Upon mutual agreement of the parties, the Parties may invite an
independent, disinterested mediator to assist in the negotiated settlement discussions, the cost of which shall
be borne equally by the Parties. Parties agree first to try in good faith to settle the dispute by mediation,
before resorting to arbitration, litigation, or some other dispute resolution procedure.
26. ATTORNEY’S FEES
In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or
conditions of this Agreement each Party shall pay all its own costs and attorney’s fees.
27. AUTHORITY TO EXECUTE
The person or persons executing this Agreement represent and warrant that they are fully authorized to sign
and so execute this Agreement and to bind their respective entities to the performance of its obligations
hereunder.
28. GOVERNING LAW AND VENUE
This Agreement shall be construed under and governed by the laws of the State of Montana and all services
to be provided will be provided in accordance with applicable federal, state and local law, without regard to
its conflict of laws provisions.
29. COUNTERPARTS
This Agreement and any amendments may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same instrument. For purposes of executing
this Agreement, scanned signatures shall be as valid as the original.
30. ELECTRONIC REPRESENTATIONS AND RECORDS
Parties hereby agree to regard electronic representations of original signatures as legally sufficient for
executing this Agreement and scanned signatures emailed by PDF or otherwise shall be as valid as the original.
Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic
form or because an electronic record was used in its formation. Parties agree not to object to the admissibility
of the Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper
copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic
signature or that it is not in its original form or is not an original.
31. WAIVER
Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of
any right or power arising out of this Agreement shall not be deemed waiver of any other right or power.
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32. ENTIRE AGREEMENT
This Agreement, along with attached exhibits, constitutes the complete, entire and final agreement of the
Parties hereto with respect to the subject matter hereof, and shall supersede any and all previous
communications, representations, whether oral or written, with respect to the subject matter hereof.
Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word
herein or the application thereof in any given circumstance shall not affect the validity of any other provision
of this Agreement.
IN WITNESS HEREOF, the undersigned have caused this Agreement to be executed in their respective names on
the dates hereinafter enumerated.
______________________________ ____________________
Thomas P. Wilkas, CFO Date
SAFEbuilt, LLC
______________________________ ____________________
Signature Date
City of Bozeman, Montana
_____________________________
Name and Title
City of Bozeman, Montana
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EXHIBIT A – LIST OF SERVICES AND FEE SCHEDULE
1. LIST OF SERVICES
Commercial Building, Electrical, Plumbing, and Mechanical Inspection Services
Consultant utilizes an educational, informative approach to improve the customer’s experience.
Perform code compliant inspections to determine that construction complies with approved plans
Meet or exceed agreed upon performance metrics regarding inspections
Provide onsite inspection consultations to citizens and contractors while performing inspections
Return calls and emails from permit holders in reference to code and inspection concerns
Identify and document any areas of non-compliance
Leave a copy of the inspection ticket and discuss inspection results with site personnel
Remote Plan Review Services
Provide plan review services electronically or in the traditional paper format
Review plans for compliance with adopted building codes, local amendments or ordinances
Building Code, Plumbing Code, Mechanical Code, Electrical Code and Fire Code
Be a resource to applicants on submittal requirements and be available throughout the process
Provide feedback to keep plan review process on schedule
Communicate plan review findings and recommendations in writing
Return a set of finalized plans and all supporting documentation
Provide review of plan revisions and remain available to applicant after the review is complete
Remote Plan Conveyance
Electronic plan submittals will be reviewed and returned electronically
Paper plans will be submitted via Consultant’s preferred carrier
Applicant will submit number of hardcopies required by Municipality
Consultant will return plans and supporting documents
Reporting Services
Consultant will work with Municipality to develop a mutually agreeable reporting schedule and format
2. MUNICIPAL OBLIGATIONS
Municipality will issue permits and collect all fees
Municipality will provide Consultant with a list of requested inspections and supporting documents
Municipality will intake plans and related documents for pick up by Consultant or submit electronically
Municipality will provide zoning administration for projects assigned to Consultant
3. TIME OF PERFORMANCE
Perform Services on an as-requested basis during normal business hours excluding Municipal holidays
Consultants representative(s) will be available by cell phone and email
Deliverables
INSPECTION SERVICES Perform inspections received from the Municipality prior to 4:00 pm next
business day
PRE-SUBMITTAL MEETINGS Provide pre-submittal meetings to applicants by appointment via telephone
REMOTE PLAN REVIEW
TURNAROUND TIMES
Provide comments within the following timeframes:
Day 1 = first full business day after receipt of plans and all supporting documents
Project Type:
Single-family within
Multi-family within
First Comments
7 business days
10 business days
10 business days
Second Comments
5 business days or less
7 business days or less
7 business days or less
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Small commercial within
(under $2M in valuation)
Large commercial within
15 business days
10 business days or less
4. FEE SCHEDULE
Beginning January 01, 2022 and annually thereafter, the hourly rates listed shall be increased based upon
the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof,
Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All Urban
Consumers, referred to herein as the “CPI”) for the Municipality or, if not reported for the Municipality
the CPI for cities of a similar size within the applicable region from the previous calendar year, such
increase, however, not to exceed 4% per annum. The increase will become effective upon publication
of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged.
Municipality and Consultant will review the plan review valuation table beginning January 01, 2022 and
annually thereafter and make adjustments to reflect increases in the cost incurred by Consultant.
Consultant fees for Services provided pursuant to this Agreement will be as follows:
INSPECTION FEE SCHEDULE:
Commercial Inspection Services
Building, Electrical, Plumbing, Mechanical $95.00 per hour per inspector
After Hours/Emergency Inspection Services $100.00 per hour – two (2) hour minimum
PLAN REVIEW FEE SCHEDULE:
VALUATION PRICING: REVIEW OF BUILDING, ELECTRICAL, MECHANICAL AND PLUMBING CODE COMPLIANCE
TOTAL VALUATION PLAN REVIEW FEE
$1.00 to $500.00 $10.58
$501.00 to $2,000.00 $10.58 for the first $500.00 plus $1.37 for each additional $100.00, or
fraction thereof, to and including $2,000.00.
$2,001.00 to $25,000.00 $31.13 for the first $2,000.00 plus $6.30 for each additional $1,000.00, or
fraction thereof, to and including $25,000.00.
$25,001.00 to $50,000.00 $176.03 for the first $25,000.00 plus $4.55 for each additional $1,000.00, or
fraction thereof, to and including $50,000.00.
$50,001.00 to $100,000.00 $289.78 for the first $50,000.00 plus $3.15 for each additional $1,000.00, or
fraction thereof, to and including$ I 00,000.00.
$100,001.00 to $500,000.00 $447.28 for the first $100,000.00 plus $2.52 for each
additional $1,000.00, or fraction thereof, to and including $500,000.00.
$500,001.00 to $1,000,000.00 $1,455.28 for the first $500,000.00 plus $2.14 for each
additional $1,000.00, or fraction thereof, to and including $1,000,000.00.
$1,000,001.00 and up $2,525.28 for the first $1,000,000.00 plus $1.42 for each additional
$1,000.00, or fraction thereof
HOURLY RATE PLAN REVIEW
Fire Code Plan Review Services $90.00 per hour – one (1) hour minimum
Revisions to Previously Reviewed/Approved Plans will be provided at the hourly rates listed below:
Supervising Structural Engineer $135.00
Structural Engineer $120.00
CASp / LEED Plans Examiner $120.00
Civil Engineer $105.00
Electrical Engineer $105.00
Mechanical Engineer $105.00
I.C.C. Plans Examiner $90.00
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EXHIBIT B – MUNICIPAL SPECIFIED OR PROVIDED SOFTWARE
1. Consultant shall provide Services pursuant to this Agreement using hardware and Consultant’s standard
software package, unless otherwise provided below. In the event that Municipality requires that Consultant
utilize hardware and/or software specified by and provided by Municipality, Consultant shall use reasonable
commercial efforts to comply with Municipal requirements.
2. Municipality, at its sole expense, shall provide such technical support, equipment or other facilities as
Consultant may reasonably request to permit Consultant to comply with Municipal requirements.
Municipality will provide the following information to Consultant.
Municipal technology point of contact information including name, title, email and phone number
List of technology services, devices and software that the Municipality will provide may include:
Client network access
Internet access
Proprietary or commercial software and access
Computer workstations/laptops
Mobile devices
Printers/printing services
Data access
List of reports and outputs
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