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HomeMy WebLinkAboutUntitled (2) AGREEMENT TO PROVIDE PLAN REVIEW SERVICES TO THE OAK PARK HEIGHTS BUILDING INSPECTION DEPARTMENT Richard Lockrem, MN State Building Official, certification#1237, currently of 7037 Sherwood Road, Woodbury, Minnesota 55125, hereinafter referred to as "Contractor" and the City of Oak Park Heights, a municipal corporation, hereinafter referred to as "Oak Park Heights", hereby enter into this Agreement to provide for plan review services by the Contractor to the Oak Park Building Inspection Department under the following terms and conditions: 1. Term. The term of this Agreement shall be from October 16, 2003 to December 31, 2003, unless earlier terminated as provided herein. 2. Early Termination. The Contractor or Oak Park Heights may unilaterally terminate this Agreement without cause and for any reason upon giving at least 30 days written notice to the other party by mailing same using certified mail to the address provided for herein. Projects left outstanding at the time of termination shall be satisfactorily resolved and subject to judicial review. 3. Plan Review/Check Services. Oak Park Heights currently receives applications for building inspection and plan inspection services and does receive fees for all building, plumbing and mechanical permits and projects within the City of Oak Park Heights and the City of Bayport. The Contractor shall be asked from time to time to provide building plan check/review services under the terms and provisions of this Agreement. The Contractor shall provide his findings in writing to the City of Oak Park Heights as to any plan review or check. The Contractor warrants to the City that he is a licensed inspector in good standing and certified to execute the nature of work as outlined in this Agreement. Contractor shall provide proof of licensure to the City of Oak Park Heights within seven days of executing this Agreement. The Contractor shall not be required nor allowed to administrate the receipt of fees from applicants for inspection services from any community for which Oak Park Heights provides building code services. All applications and appropriate processing fees charged under the terms and provisions of the building code is adopted within either community, and shall be the exclusive province and responsibility of Oak Park Heights. Contractor will provide, only upon request from the City, plan check/review services as are necessary and allowable under existing laws, codes and ordinances. Oak Park Heights may notify the Contractor of the need for plan check/review services as it affects any application for building permits received by Oak Park Heights within any community for which Oak Park Heights provides building services under the Oak Park Heights Building Inspection Department. 1 M' 5. Plan Check Reimbursement. For the provision of plan check/review services by the Contractor, the Contractor shall be reimbursed at the rate of Sixty Dollars per hour. There are no minimum charges, surcharges or reimburseables. The Contractor shall submit a detailed invoice to the City for and prior to such payment for services. 6. ,Zoning & Code Enforcement. The local government shall remain responsible for enforcement of zoning and/or building code violations observed by the Contractor and reported to the local government official. All work performed by the Contractor shall be under the direct supervision of the Oak Park Heights Building Official. 7. Professional Capacity. It is clearly understood between the parties that as it pertains to services requested under this Agreement, the Contractor is serving only in the capacity of a professional building inspector for the purposes of providing plan check/review services upon request of Oak Park Heights. This Agreement does not intend nor does it grant any exclusive rights or privileges to either party as it relates to the provision of these services. All such services for plan check/review to the extent requested by the City of Oak Park Heights shall be forwarded to the Contractor by Oak Park Heights on an as needed basis only. 8. Material &Work Product. All reports, memoranda, referrals and correspondence generated by the Contractor in fulfilling this Agreement shall be the property of Oak Park Heights. The Contractor shall prepare and maintain all records required by the local government and under the building code to substantiate any determinations and amounts of types of services rendered for all purposes. 9. Meraer& Modification. It is hereby understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all prior oral negotiations and discussions existing between the parties relating to this subject matter. Any material modifications, variations, alterations, waivers or provisions of this Agreement, shall be valid only when they have been reduced to writing as an amendment thereto and signed by the parties. Dated thi - day of Octo•- , 2003. CO. ' TO' CI eF • rAR HEIGHTS: .4040011P„, .,41*,4%16,”- _..-- 07.:,„;. - rem, Building Official Eric Johnson, Ci 1dministrator NOTARY: ,i,1 , 1 V lzJ? 4.� JULIE A.HULTMAN . NOTARY PUBUO-MINNESOTA ∎ My Commission Expires Jan.31,2005 7 AGREEMENT FOR BUILDING INSPECTION SERVICES THIS AGREEMENT made and entered into this ,22 day of October, 2002 by and between the City of Oak Park Heights, State of Minnesota (hereinafter referred to as "Oak Park Heights") and the City of Bayport, State of Minnesota (hereinafter referred to as "Bayport"). WITNESSETH: WHEREAS, Bayport has requested Oak Park Heights to provide building inspection services to be performed within its boundaries; and, WHEREAS, Oak Park Heights wishes to contract with Bayport to perform building inspection services within Bayport's boundaries; and, WHEREAS, such agreements are authorized by Minnesota Statute §471 .59. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between Oak Park Heights and Bayport as follows: SCOPE OF SERVICES 1. Oak Park Heights agrees to provide through its Office of Building Services and Protective Inspections, building inspection services for Bayport. The Building Official for Oak Park Heights shall serve as the Building Official for Bayport under the terms of this Agreement. 2. a) Except as otherwise specifically set forth herein, building inspection services shall only include those types of duties and functions customarily rendered by the Building Official under law, and shall not include services which are normally provided by the State of Minnesota, such as electrical inspections and issuances to electrical permits nor shall it include such services which are normally provided by Washington County Department of Health including, but not limited to, hazard property inspection for the purposes of Minnesota Statute §463.15, et. seq., nor shall it provide for septic system inspection or permit issuance therefore. b) Services to be rendered shall also not include permits to be issued for signage unless related to a building project. c) Oak Park Heights shall provide, through its Office of Building Services and Protective Inspections, building inspection services for hazardous structures as F:1Common12002 Files12002 Agreements\Bldg Inspection Agmnt OPH-Bayport 2002.doc Page 1 of 9 provided under Minnesota Statute §463.15, et. seq., re-inspection services and building inspection services for public health and safety purposes where no new building permit is being applied for by the property owner or their designated agent, with all such services being provided pursuant to the terms of this Agreement. 3. The standards of performance, method of providing building inspection services and other matters incident to the performance of services under this Agreement including personnel to be employed by Oak Park Heights. 4. Under this Agreement, Oak Park Heights will receive all applications for building permits for all projects within Bayport as required by existing laws, codes and ordinances with such applications being received by Oak Park Heights after they have been first reviewed by Bayport for purposes of planning, zoning, subdivision and other local code regulations and requirements. The Building Official for Oak Park Heights shall examine such applications to determine compliance with the existing building code. 5. All applications for permits which require variances, conditional use permits or other special permits under existing ordinances of Bayport shall first be resolved by Bayport prior to submission of applications for building permits to the Building Official. No building permit shall be issued until Bayport, the office of its Administrator or otherwise has executed a consent to issuance thereon. 6. The Building Official for Oak Park Heights shall provide and issue all building permits as required by the existing building codes and shall maintain a duplicate record of all such permits and inspections related thereto. The Building Official of Oak Park Heights shall, on a monthly basis, submit a report to Bayport as to individual building permits issued, but shall not be required to compile statistical data or otherwise submit reports on behalf of Bayport to the State of Minnesota, the Metropolitan Council or other state agencies and departments. 7. Pursuant to this Agreement, the Building Official shall provide necessary plan check services as required by laws, regulations and ordinances. 8. The Building Official for Oak Park Heights shall provide all job site inspections on projects under permit as is required by existing building codes and City ordinances and such other reasonable inspections as may be deemed necessary by him or her in order to ensure compliance with the Building code, and upon completion of each project shall issue a certificate of occupancy for said project. F:\Common\2002 Files\2002 Agreements\BIdg Inspection Agmnt OPH-Bayport 2002.doc Page 2 of 9 9. The Building Official for Oak Park Heights shall collect all fees for building applications and charges to be collected incidental to the administration of building inspection services contained herein according to the schedule of fees and charges agreed by both parties which is annexed hereto as Exhibit A and incorporated by reference herein. All such fees as collected by the Building Official, shall be remitted to Bayport for disbursement pursuant to the terms of this Agreement. 10. The Building Official for Oak Pak Heights shall collect all building permit surcharge fees, sewer availability charges and city fees as may be required by statute, regulation or ordinance and shall account for and forward all such funds to Bayport. Bayport shall account for and disburse all such funds as is required by this Agreement or law. 11. The Building Official for Oak Park Heights shall not be required to attend Bayport staff planning review meetings except for preconstruction meetings on commercial projects. Bayport shall provide input from its fire department, police department, public works supervisor, zoning administrator and other staff members appropriate to each building permit application to the Building Official for Oak Park Heights at the time that a building application is submitted to Oak Park Heights. 12. The Building Official for Oak Park Heights shall have the exclusive authority to determine interpretations and applications of the building code to projects within Bayport. Notwithstanding the foregoing, the Building Inspector shall confer with the City Administrator of Bayport before issuing any such interpretations and applications of the building code on projects within Bayport. The Building Official shall also have the right to issue stop orders on any project determined not to be in compliance with the terms and provisions of the building code. Enforcement of building code requirements by way of judicial action for either criminal or civil sanction shall remain the exclusive responsibility of Bayport. 13. Building inspection services shall include heating, ventilation, air conditioning inspections as well as plumbing inspections associated with building permits to be issued on residential or commercial projects. 14. Upon completion of all building, plumbing, heating, ventilation, and air conditioning inspections associated with any specific permit, the Building Official shall forward the original inspection records along with the plans as submitted by the applicant to the Zoning Administrator for the City of Bayport. All such original records F:\Common12002 Files\2002 Agreements\Bldg Inspection Agmnt OPH-Bayport 2002.doc Page 3 of 9 shall remain the exclusive property of the City of Bayport. Upon completion of any project, the Building Official shall issue a certificate of occupancy and forward a copy thereof to the Zoning Administrator of Bayport. 15. Affecting services identified in I.2.(c) above, Oak Park Heights reserves the right to decline to provide such services with regard to any individual property within Bayport when, under such circumstances, the Building Official for Oak Park Heights determines that the specific service sought is beyond the scope of its department to be able to provide, or where under such other circumstances, existing workloads within the department preclude a timely response for the request for such services. II. SCHEDULE OF FEES AND CHARGES 1. Fees and charges shall be collected by the Building Official from the applicant upon issuance of the building permit and shall be collected by the Building Official from the applicant by either cash or check made payable to Bayport. Where building applicants submit a building permit with a cash application fee an appropriate receipt shall be issued by Oak Park Heights to acknowledge its receipt. 2. The valuation for permit purposes shall be determined by the Building Official and shall be calculated by multiplying the square foot area of the proposed structure times the building valuation factor as published annually by the building codes and standards division of the State of Minnesota Department of Administration. The building permit fee shall be those listed in the current edition of the Uniform Building Code. (Oak Park Heights and Bayport currently utilize the 1997 edition of the Uniform Building Code with modifications.) Fees for residential and commercial plumbing, heating, sprinkling system and fire protection system shall be established on Exhibit A. 3. Where work for a permit is required has been started or proceeded without prior obtaining such permit, special investigation shall be made before a permit may be issued for such work and the investigation fee shall be equal to the amount of permit fee required by the code and shall be collected whether or not a permit is subsequently issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the code nor from any penalty prescribed by law. All such investigation fees shall remain the exclusive property of Oak Park Heights. 4. The fees and charges set forth on Exhibit A are exclusive of fees and charges required by the State of Minnesota for electrical permits and inspections. F:\Common\2002 Files\2002 Agreements\BIdg Inspection Agmnt OPH-Bayport 2002.doc Page 4 of 9 • 5. At the discretion of the Building Official, additional charges not to exceed actual expenses received may be made in instances where repeated violations of the building code and/or ordinances necessitate a number of compliance reinspections. Such charges shall be payable by the permittee prior to the issuance of the certificate of occupancy and shall remain the exclusive property of Oak Park Heights. 6. Oak Park Heights and Bayport agree that the division of fees for building inspection services contained herein shall be as is set forth within Exhibit A annexed hereto and incorporated by reference herein. Oak Park Heights shall collect all fees on behalf of Bayport for applications for building inspection services and building permits and remit them to Bayport for disbursement to the parties pursuant to the terms of this agreement and Exhibit A. Should Oak Park Heights' Building Official be required to perform additional services not related to the issuance of a current building permit, Oak Park Heights shall be compensated by Bayport at the same rate as is currently established for additional inspection pursuant to the provisions of the building code. 7. The Oak Park Heights Building Official shall also conduct plumbing, heating, ventilation and air conditioning inspections pursuant to the building code within Bayport. Fees for plumbing, heating, ventilation, and air conditioning inspections as well as fire protection systems, shall be those adopted by Bayport during the term of this contract. Bayport shall adopt by ordinance regulations which are compatible with those now in force within Oak Park Heights affecting heating, ventilation, air conditioning and plumbing inspections. 8. Initial payment to Oak Park Heights by Bayport for building inspection services shall occur on a monthly basis. Fifty-percent (50%) of all building inspection fees shall be allocated to the City of Oak Park Heights pursuant to the provisions of Exhibit A, a copy of which is annexed hereto and incorporated by reference herein and shall be paid by Bayport to Oak Park Heights in the month following the issuance of the building permit. The balance of the fees owed the City of Oak Park Heights pursuant to the provisions of Exhibit A, shall be due and payable to Oak Park Heights by Bayport upon issuance of a certificate of occupancy or certification by the building inspector that services are complete. 9. Fees and charges shall be collected by the Building Official from the City of Bayport for services provided under paragraph .2(0 ) shall be billed at the hourly rate of $47.00 as provided for within Table 1-A - - Building Permit Fees, as adopted within the F:\Common\2002 Files\2002 Agreements\Bldg Inspection Agmnt OPH-Bayport 2002.doc Page 5 of 9 Uniform Building Code for the City of Oak Park Heights. The fees and charges set forth within said schedule/Table 1-A - - Building Permit Fees, as adopted by the City of Oak Park heights within its building code are exclusive of any fees or charges as may be required by the Department of Health or any other state agencies or county departments for related permits and/or inspections. All such fees as charged by the Oak Park Heights Building Department shall remain the exclusive property of the City of Oak Park Heights. III. GENERAL TERMS AND CONDITIONS The parties further agree as follows: 1. Bayport shall not assume any liability for the direct payment of salary, wage or other compensation to any Oak Park Heights employee for performing building inspection services pursuant to this agreement. 2. Oak Park Heights shall not assume any liability to supervise or enforce regulations of Bayport or the State affecting zoning, planning, subdivision, wetland or surface water management. Bayport shall also be solely responsible to determine compliance with regulations of the Minnesota Department of Natural Resources, the Middle St. Croix River Watershed Management Organization, Valley Branch Watershed District, Minnesota Department of Transportation and other regulatory bodies and political subdivisions having jurisdictional authority within Bayport affecting development of lands. 3. Bayport shall assume full responsibility for providing to the City Building Official for Oak Park Heights, a current and up-to-date copy of their zoning and subdivision regulations, zoning and subdivision maps, comprehensive plans, and other regulations on development adopted within Bayport. 4. All contractors performing construction services within Bayport shall be required to provide evidences of licensing and insurance as required by City Ordinance or State law. Bayport shall confirm with Oak Park Heights all such license and insurance compliance prior to authorizing issuance of a permit to any contractor performing work within the jurisdictional limits of the City of Bayport. 5. Bayport shall be solely responsible for direct payment of any fees or charges to the State of Minnesota or any of its subdivisions and Washington County as may be F:\Common\2002 Files\2002 Agreements\Bldg Inspection Agmnt OPH-Bayport 2002.doc Page 6 of 9 required by law affecting development and issuance of building permits within its borders. 6. Upon completion of all inspections associated with any specific permit, the fire code official shall forward the original inspection records along with the plans as submitted by the applicant to the Building Official for the City of Oak Park Heights. All such original records shall remain in the exclusive property of the City of Oak Park Heights. 7. All applications for building permits and building inspection forms to be utilized hereunder shall be maintained at both City offices. 8. Bayport, its officers, agents and employees shall not assume liability for any intentional or negligent act of Oak Park Heights or any of its officers, agents or employees and Oak Park Heights herewith agrees to hold Bayport, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City of Oak Park Heights, its officers, agents and further agrees to defend Bayport, its officers, agents and employees from any claim for damages resulting in the negligent act of Oak Park Heights, its officers, agents or employees in performance of this agreement. 9. Oak Park Heights, its officers, agents and employees shall not assume liability for any intentional or negligent act of Bayport or any of its officers, agents or employees and Bayport herewith agrees to hold Oak Park Heights, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City of Bayport, its officers, agents and further agrees to defend Oak Park Heights, its officers, agents and employees, from any claim for damages resulting from the negligent act of Bayport, its officers, agents or employees in performance of this agreement. 10. Termination. This agreement shall remain in effect unless terminated pursuant to the provisions of this Paragraph. Either party may terminate this Agreement only upon providing ninety (90) days advance written notice to the other to be mailed to the addresses set forth within Article IV herein of the respective party to receive this notice. All such notices shall be sent using registered or certified mail to the addresses specified herein. Further, each party shall notify the other of their intent to renew this Agreement for an additional year on or before October 1st of every year during which this Agreement is in force. Notwithstanding an election to renew this agreement, the F:\Common12002 Files12002 Agreements\Bldg Inspection Agmnt OPH-Bayport 2002.doc Page 7 of 9 provisions of Schedule A annexed hereto and incorporated by reference herein shall be negotiated separately between Bayport and Oak Park Heights on an annual basis. 11. It is understood this agreement contains the entire agreement between Bayport and Oak Park Heights and that no statement, promise or inducements have been made to any party hereto, or any officer, agent or employee of either party hereto which is not contained within this written Agreement. This Agreement may not be enlarged, modified or altered except in writing signed by the parties and endorsed herein. It is expressly understood between the parties hereto and this understanding should be considered in interpreting the provisions of this Agreement, that upon notice given by any party hereto, later negotiations may be undertaken for the purpose of revising, adding to or striking any provision or provisions of this Agreement which appear unworkable or insufficient to perfect, maintain and ensure the purpose of this Agreement, and any change to the original provisions of the Agreement mutually acceptable by both parties shall be written and attached to this Agreement as provided above and any such revision, addition or deletion shall only apply to the provision so revised, added or deleted, and the remainder of this Agreement shall remain in full force and effect. IV. EFFECTIVE AND TERMINATION DATES 1. Termination. This agreement shall remain in effect unless terminated pursuant to the provision of this Paragraph. Either party may terminate this Agreement only upon providing ninety (90) days advance written notice to the other to be mailed to the addresses set forth within Article IV herein of the respective party to receive the notice. All such notices shall be sent using registered or certified mail to the addresses specified herein. Further, each party shall notify the other of their intent to renew this Agreement for an additional year on or before October 1st of every year during which this Agreement is in force. V. ADDITIONAL PROVISIONS 1. Arbitration. In the event of any dispute arising between the parties as it affects the interpretation, construction or application of this Agreement to the extent the same cannot be resolved by negotiation between the parties, the same shall be submitted to F:\Common\2002 Files\2002 Agreements\Bldg Inspection Agmnt OPH-Bayport 2002.doc Page 8 of 9 the American Arbitration Association for purposes of arbitration and the cost thereof shall be equally born by the parties. 2. Insurance. Each party hereto shall maintain insurance in the minimum amounts as specified by Minnesota Statute §466.04. In the event of a notice of claim being filed with either party affecting or arising out of the operation of this Agreement for the provision of building inspection services to Bayport by Oak Park Heights, copies of all notices of claim shall be provided both parties to this Agreement. 3. Storage of Closed Files. Upon the completion of building inspection services as it affects individual projects, the City of Oak Park Heights may retain Bayport files for storage purposes for a reasonable period of time as may be determined in the discretion of the building inspector for Oak Park Heights. All open and closed files affecting building inspection services to be rendered to Bayport pursuant to the terms and rovision p s of the Agreement shall remain the exclusive property of Bayport and Bayport shall remain as the responsible authority to respond to request for public or p rivate data as is otherwise specified and provided forwi th in Minnesota S tat te §13. 1 , et. seq. CITY •F OAK PARK HEIGHT 041, By: Its: Mayor By: 1/ (7,71.2.A______._ Kimberly K mper Its: Interim City Administrator CITY OF BAYPORT By: Jim Kosmo Its: Mayor By: A et---,Y Daniel R. Jo nneck Its: City Ad nistrator F:\Common\2002 Files12002 Agreements\Bldg Inspection Agmnt OPH-Bayport 2002.doc Page 9 of 9 • PROPOSED BUILDING INSPECTION FEES BETWEEN THE CITY OF OAK PARK HEIGHTS AND THE CITY OF BAYPORT ATTACHMENT A Oak Park Heights Bayport Fee Residential Construction Cost Fee Percentage Percentage $10,000.00 and Under 100% 0% $10001.00 to $50,000.00 75% 25% $50,001.00 to $100,000.00 70% 30% $100,001.00 to $200,000.00 65% 35% $200,001 .00 to $300,000.00 60% 40% $300,001 .00 to $400,000.00 55% 45% $400,001.00 and Over 50% 50% Remodel New Const. Plumbing $50.00 $75.00 100% Heating $50.00 $75.00 100% COMMERCIAL/INDUSTRIAL CONSTRUCTION New Construction or New Addn 60% 40% Remodel of Existing Commercial Buildings 75% 25% Plumbing Min. $75.00 or 1.5% of Contract 100% of Min. .5% of Const. $75.00 or 1% of Contract Contract Heating Min. $75.00 or 1.5% of 100% of Min. .5%of Const Construction plus %2 % for Plan $75.00 Or 1% Contract Review,if needed of Const. Contract Plus .5% for plan review, if needed Sprinkling System for Fire Protection Apply Uniform Building Code fee 50% 50% schedule as adopted by the City of Oak Park Heights to value of sprinkling system contract. F:\Common\2002 Files\2002 Agreements\OPH-Bayport Bldg Inspection agreement attachment A.doc 10/7/02 Page 1 of 1 CITY OF • OAK PARIS HEIGHTS 141.68 Oak Park Boulevard No,.:• P.O.Box 2007:• Oak Park Heights,MN 55082-2007• Phone:651/439-4439 • Fax.651/439-0574 "October 23,2002 ; Dan Johanneck". City of Bayport 294 North 3'd- Street" Bayport MN 55003 Dear Dan, " I am pleased to inform you that the Oak Park Heights City Council,approved the Agreement for Building Inspections Services. Enclosed please find two original copies of the agreement, as requested. We look forward to continuing to work with you and the City of Bayport. Sincerely, Kimberly Kamper Acting City Administrator 'Tree City U.S.A. AGREEMENT TO PROVIDE PLAN / INSPECTION SERVICES TO THE OAK PARK HEIGHTS BUILDING INSPECTION DEPARTMENT JON LUDWIG, dba Building Inspection Services, Inc., currently of 304 Greeley Street North, Stillwater, Minnesota, hereinafter referred to as "Contractor" and the City of Oak Park Heights, a municipal corporation, hereinafter referred to as "Oak Park Heights", hereby enter into this agreement to provide for plan inspection and building inspection services by the Contractor to the Oak Park Building Inspection Department under the following terms and conditions: 1. Term. The term of this agreement shall be from January 1, 2002 to December 31, 2002, unless earlier terminated as provided herein. 2. Early Termination. The Contractor or Oak Park Heights may unilaterally terminate this agreement without cause and for any reason upon giving at least 30 days written notice to the other party by mailing same using certified mail to the address provided for herein. 3. Plan/Inspection Services. Oak Park Heights currently receives applications for building inspection and plan inspection services and does receive fees for all building, plumbing and mechanical permits and projects within the City of Oak Park Heights and the City of Bayport. The Contractor shall not be asked to provide routine building inspection services except under the terms and provisions of this contract nor shall he be required nor allowed to administrate the receipt of fees from applicants for inspection services from any community for which Oak Park Heights provides building code services. All applications and appropriate processing fees charged under the terms and provisions of the building code is adopted within either community, and shall be the exclusive province and responsibility of Oak Park Heights. 4. Plan Check Services. Contractor will provide, on request, to Oak Park Heights plan check services as are necessary in all instances where such plan checking is mandatory under the existing laws, codes and ordinances. Oak Park Heights shall notify the Contractor of the need for plan check services as it affects any application for building permits received by Oak Park Heights within any community for which Oak Park Heights provides building services under the Oak Park Heights Building Inspection Department. 5. Plan Check Reimbursement. For the provision of plan check services by the Contractor, the Contractor shall be reimbursed at the rate of 90% of the standard plan check fees as is currently assigned and specified within the City's Ordinance which currently adopt the 1997 Building Code as is more fully set forth within Chapter 301, Section 301.01 F, Code of Ordinances for the City of Oak Park Heights. 1 „• ' • ` r 6. Building Inspection Services. Contractor will provide on request of Oak Park Heights building inspection services, as are required under the City's Building Inspection Ordinance. Contractor shall be compensated at the rate of Forty-seven and 00/100 Dollars ($47.00) per hour for services rendered. Contractor shall bill Oak Park Heights monthly, with said billing to identify each inspection provided, with permit number and time allocated to such inspection. 7. Zoning & Code Enforcement. The local government shall remain responsible for enforcement of zoning and/or building code violations observed by the Contractor and reported to the local government official. Contractor shall be under the direct supervision of the Oak Park Heights Building Official. If for any reason that the Oak Park Heights Building Official is not available, all questions, inquiries and comments shall be directed to the Community Development Director by the Contractor. 8. parties i Professional Capacity. It is clearly understood between the part es that as it pertains to services requested under this agreement, the Contractor is serving only in the capacity of a professional building inspector, providing for plan check and building inspection services upon request of Oak Park Heights. This contract does not intend nor does it grant any exclusive rights or privileges to either party as it relates to the provision of these services but all such services for building inspection and plan check review to the extent requested by the City of Oak Park Heights shall be forwarded to the Contractor by Oak Park Heights on an as needed basis. 9. Material &Work Product. All reports, memoranda, referrals and correspondence generated by the Contractor in fulfilling this agreement shall be the property of Oak Park Heights. The Contractor shall prepare and maintain all records required by the local government and under the building code to substantiate the amounts of types of services rendered for all purposes. 10. Merger& Modification. It is hereby understood and agreed that the entire agreement between the a ie is contained p rt s c nta ned herein and that this agreement supersedes all prior oral negotiations and discussions existing between the parties relating to this subject matter. Any material modifications, variations, alterations, waivers or provisions of this agreement, shall be valid only when they have been reduced to writing as an amendment thereto and signed by the parties. Dated this /1 day of January, 2002. Dated this I'-f day of January, 2002. C • : • PA: HEIGHT • gibbfraim Jon L dwig, Davi eaudet, Building Inspection Services, Inc. Mayor imberly Ka per, Acting City Administrator 2 I AGREEMENT TO PROVIDE PLAN / INSPECTION SERVICES TO THE OAK PARK HEIGHTS BUILDING INSPECTION DEPARTMENT CHRIS KEARNEY, dba Jazaccjnspections, Inc., currently of 305 Greeley Street S., Ste. 107, Stillwater, Minnesota, hereinafter referred to as "Contractor" and the City of Oak Park Heights, a municipal corporation, hereinafter referred to as "Oak Park Heights", hereby enter into this agreement to provide for plan inspection and building inspection services by the Contractor to the Oak Park Building Inspection Department under the following terms and conditions: 1. Term. The term of this agreement shall be from January 1, 2002 to December 31, 2002, unless earlier terminated as provided herein. 2. Early Termination. The Contractor or Oak Park Heights may unilaterally terminate this agreement without cause and for any reason upon giving at least 30 days written notice to the other party by mailing same using certified mail to the address provided for herein. 3. Plan/Inspection Services. Oak Park Heights currently receives applications for building inspection and plan inspection services and does receive fees for all building, plumbing and mechanical permits and projects within the City of Oak Park Heights and the City of Bayport. The Contractor shall not be asked to provide routine building inspection services except under the terms and provisions of this contract nor shall he be required nor allowed to administrate the receipt of fees from applicants for inspection services from any community for which Oak Park Heights provides building code services. All applications and appropriate processing fees charged under the terms and provisions of the building code is adopted within either community, and shall be the exclusive province and responsibility of Oak Park Heights. 4. Plan Check Services. Contractor will provide, on request, to Oak Park Heights plan check services as are necessary in all instances where such plan checking is mandatory under the existing laws, codes and ordinances. Oak Park Heights shall notify the Contractor of the need for plan check services as it affects any application for building permits received by Oak Park Heights within any community for which Oak Park Heights provides building services under the Oak Park Heights Building Inspecti ;"' ""-..-... Department. 5. Plan Check Reimbursement. For the provision of plan check services by the Contractor, the Contractor shall be reimbursed at the rate of 90% of the standard plan check fees as is currently assigned and specified within the City's Ordinance which currently adopt the 1997 Building Code as is more fully set forth within Chapter 301, Section 301.01 F, Code of Ordinances for the City of Oak Park Heights. 1 1 1p r " 6. Building Inspection Services. Contractor will provide on request of Oak Park Heights building inspection services, as are required under the City's Building Inspection Ordinance. Contractor shall be compensated at the rate of Forty-seven and 00/100 Dollars ($47.00) per hour for services rendered. Contractor shall bill Oak Park Heights monthly, with said billing to identify each inspection provided, with permit number and time allocated to such inspection. 7. Zoning & Code Enforcement. The local government shall remain responsible for enforcement of zoning and/or building code violations observed by the Contractor and reported to the local government official. Contractor shall be under the direct supervision of the Oak Park Heights Building Official. If for any reason that the Oak Park Heights Building Official is not available, all questions, inquiries and comments shall be directed to the Community Development Director by the Contractor. 8. Professional Capacity. It is clearly understood between the parties that as it pertains to services requested under this agreement, the Contractor is serving only in the capacity of a professional building inspector, providing for plan check and building inspection services upon request of Oak Park Heights. This contract does not intend nor does it grant any exclusive rights or privileges to either party as it relates to the provision of these services but all such services for building inspection and plan check review to the extent requested by the City of Oak Park Heights shall be forwarded to the Contractor by Oak Park Heights on an as needed basis. 9. Material &Work Product. All reports, memoranda, referrals and correspondence generated by the Contractor in fulfilling this agreement shall be the property of Oak Park Heights. The Contractor shall prepare and maintain all records required by the local government and under the building code to substantiate the amounts of types of services rendered for all purposes. 10. Mercier& Modification. It is hereby understood and agreed that the entire agreement between the parties is contained herein and that this agreement supersedes all prior oral negotiations and discussions existing between the parties relating to this subject matter. Any material modifications, variations, alterations, waivers or provisions of this agreement, shall be valid only when they have been reduced to writing as an amendment thereto and signed by the parties. web Zoo Dated this } s , Dated this .V' day of January, 2002. C 414 'ARK HEIG�'' : ;.,21 • qtwo , //, Chris Kearney, Jazacc Insp •? , nc. Mayor Kimberly Ka per, Acting City Administrator 2 CHRISTOPHER P . KEARNEY EDUCATION 1982- 1987 University Wisconsin River Falls River Falls WI • 85 credits earned in basic studies and agricultural courses 1989—1992 Union Carpenters Apprenticeship Roseville MN • Graduated and became journeyman carpenter November 1992 1992—1994 Inver Hills Community College Inver Grove MN • Graduated with a certificate in Building Inspection Technology 1994 PROFESSIONAL EXPERIENCE 1995- 1998 Town of Wyoming Wyoming MN Building Official/Assistant Zoning Administrator • Enforce the Minnesota State Building Code and the Town of Wyoming Zoning Ordinance—complete all plan reviews and inspections. 1995-2002 City of Dellwood and City of Willemie MN Building Official • Enforce the Minnesota State Building Code and the City of Dellwood Zoning Ordinance—complete all plan reviews and inspections. 1998 — 2002 City of Grant, Stillwater Township, City Pine Springs MN. Building Official • Enforce the Minnesota State Building Code and complete all plan reviews and inspections. 1980—1995 Robert Hagstrom Builders Lake Elmo MN Carpenter -Built and remodeled large custom homes. Lake Country Chapter of the International Conference of Building Officials 1993—2002. Attend monthly educational meetings. Coach youth hockey Forest Lake Hockey Association 1998-2002 305 SOUTH GREELEY STREET SUITE #107 STILLWATER, MN 55082 PHONE651- 439-9325 MOBILE 651-295-5768 FAX 651-351-0751 EMAIL JAZACCINSPECTION @AOL.C.OM AGREEMENT FOR BUILDING INSPECTION SERVICES THIS AGREEMENT made and entered into this 1st day of January, 2001 by and between the City of Oak Park Heights, State of Minnesota (hereinafter referred to as "Oak Park Heights") and the City of Bayport, State of Minnesota (hereinafter referred to as "Bayport"). WITNESSETH: WHEREAS, Bayport has requested Oak Park Heights to provide building inspection services to be performed within its boundaries; and, WHEREAS, Oak Park Heights wishes to contract with Bayport to perform building inspection services within Bayport's boundaries; and, WHEREAS, such agreements are authorized by Minnesota Statute §471.59. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between Oak Park Heights and Bayport as follows: SCOPE OF SERVICES 1. Oak Park Heights agrees to provide through its building inspection department, building inspection services for Bayport. The building official for Oak Park Heights shall serve as the building official for Bayport under the terms of this Agreement. 2. a) Except as otherwise specifically set forth herein, building inspection services shall only include those types of duties and functions customarily rendered by the building official under law, and shall not include services which are normally provided by the State of Minnesota, such as electrical inspections and issuances to electrical permits nor shall it include such services which are normally provided by Washington County Department of Health including, but not limited to, hazard property inspection for the purposes of Minnesota Statute §463.15, et. seq., nor shall it provide for septic system inspection or permit issuance therefore. b) Services to be rendered shall also not include permits to be issued for signage unless related to a building project. c) Oak Park Heights shall provide, through its building inspection department, building inspection services for hazardous structures as provided under Minnesota Statute §463.15, et. seq., re-inspection services and building inspection services for public health and safety purposes where no new building permit is being applied for by the property owner or their designated agent, with all such services being provided pursuant to the terms of this Agreement. 3. The standards of performance, method of providing building inspection services and other matters incident to the performance of services under this Agreement including personnel to be employed by Oak Park Heights. 4. Under this Agreement, Oak Park Heights will receive all applications for building permits for all projects within Bayport as required by existing laws, codes and ordinances with such applications being received by Oak Park Heights after they have been first reviewed by Bayport for purposes of planning, zoning, subdivision and other local code regulations and requirements. The building official for Oak Park Heights shall examine such applications to determine compliance with the existing building code. 5. All applications for permits which require variances, conditional use permits or other special permits under existing ordinances of Bayport shall first be resolved by Bayport prior to submission of applications for building permits to the building official. No building permit shall be issued until Bayport, the office of its Administrator or otherwise has executed a consent to issuance thereon. 6. The building official for Oak Park Heights shall provide and issue all building permits as required by the existing building codes and shall maintain a duplicate record of all such permits and inspections related thereto. The building official of Oak Park Heights shall, on a monthly basis, submit a report to Bayport as to individual building permits issued, but shall not be required to compile statistical data or otherwise submit reports on behalf of Bayport to the State of Minnesota, the Metropolitan Council or other state agencies and departments. 2 7. Pursuant to this Agreement, the building official shall provide necessary plan check services as required by laws, regulations and ordinances. 8. The building official for Oak Park Heights shall provide all job site inspections on projects under permit as is required by existing building codes and City ordinances and such other reasonable inspections as may be deemed necessary by him or her in order to ensure compliance with the Building code, and upon completion of each project shall issue a certificate of occupancy for said project. 9. The building official for Oak Park Heights shall collect all fees for building applications and charges to be collected incident to the administration of building inspection services contained herein according to the schedule of fees and charges agreed by both parties which is annexed hereto as Exhibit A and incorporated by reference herein. All such fees as collected by the building official, shall be remitted to Bayport for disbursement pursuant to the terms of this Agreement. 10. The building official for Oak Pak Heights shall collect all building permit surcharge fees, sewer availability charges and city fees as may be required by statute, regulation or ordinance and shall account for and forward all such funds to Bayport. Bayport shall account for and disburse all such funds as is required by this Agreement or law. 11. Building official for Oak Park Heights shall not be required to attend Bayport staff planning review meetings except for preconstruction meetings on commercial projects. Bayport shall provide input from its fire department, police department, public works supervisor, zoning administrator and other staff members appropriate to each building permit application to the building official for Oak Park Heights at the time that a building application is submitted to Oak Park Heights. 12. Building official for Oak Park Heights shall have the exclusive authority to determine interpretations and applications of the building code to projects within Bayport. Notwithstanding the foregoing, the Building Inspector shall confer with the City Administrator of Bayport before issuing any such interpretations and applications of the building code on projects within Bayport. Building official shall also have the right to issue stop orders on any project determined not to be in compliance with the terms and provisions of the building code. Enforcement of building code requirements by way of 3 • judicial action for either criminal or civil sanction shall remain the exclusive responsibility of Bayport. 13. Building inspection services shall include heating, ventilation, air conditioning inspections as well as plumbing inspections associated with building permits to be issued on residential or commercial projects. 14. Upon completion of all building, plumbing, heating, ventilation, and air conditioning inspections associated with any specific permit, the building official shall forward the original inspection records along with the plans as submitted by the applicant to the zoning administrator for the City of Bayport. All such original records shall remain the exclusive property of the City of Bayport. Upon completion of any project, the building official shall issue a certificate of occupancy and forward a copy thereof to the zoning administrator of Bayport. 15. Affecting services identified in 1.2.( c) above, Oak Park Heights reserves the right to decline to provide such services with regard to any individual property within Bayport when, under such circumstances, the building official for Oak Park Heights determines that the specific service sought is beyond the scope of its department to be able to provide, or where under such other circumstances, existing workloads within the department preclude a timely response for the request for such services. II. SCHEDULE OF FEES AND CHARGES 1. Fees and charges shall be collected by the building official from the applicant upon issuance of the building permit and shall be collected by the building official from the applicant by either cash or check made payable to Bayport. Where building applicants submit a building permit with a cash application fee an appropriate receipt shall be issued by Oak Park Heights to acknowledge its receipt. 2. The valuation for permit purposes shall be determined by the building official and shall be calculated by multiplying the square foot area of the proposed structure times the building valuation factor as published annually by the building codes and standards division of the State of Minnesota Department of Administration. The building permit fee shall be those listed in the current edition of the Uniform Building Code. (Oak Park Heights and Bayport currently utilize the 1997 edition of the Uniform 4 Building Code with modifications.) Fees for residential and commercial plumbing, heating, sprinkling system and fire protection system shall be established on Exhibit A. 3. Where work for a permit is required has been started or proceeded without prior obtaining such permit, special investigation shall be made before a permit may be issued for such work and the investigation fee shall be equal to the amount of permit fee required by the code and shall be collected whether or not a permit is subsequently issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the code nor from any penalty prescribed by law. All such investigation fees shall remain the exclusive property of Oak Park Heights. 4. The fees and charges set forth on Exhibit A are exclusive of fees and charges required by the State of Minnesota for electrical permits and inspections. 5. At the discretion of the building official, additional charges not to exceed actual expenses received may be made in instances where repeated violations of the building code and/or ordinances necessitate a number of compliance reinspections. Such charges shall be payable by the permittee prior to the issuance of the certificate of occupancy and shall remain the exclusive property of Oak Park Heights. 6. Oak Park Heights and Bayport agree that the division of fees for building inspection services contained herein shall be as is set forth within Exhibit A annexed hereto and incorporated by reference herein. Oak Park Heights shall collect all fees on behalf of Bayport for applications for building inspection services and building permits and remit them to Bayport for disbursement to the parties pursuant to the terms of this agreement and Exhibit A. Should Oak Park Heights' building official be required to perform additional services not related to the issuance of a current building permit, Oak Park Heights shall be compensated by Bayport at the same rate as is currently established for additional inspection pursuant to the provisions of the building code. 7. The Oak Park Heights building official shall also conduct plumbing, heating, ventilation and air conditioning inspections pursuant to the building code within Bayport. Fees for plumbing, heating, ventilation, and air conditioning inspections as well as fire protection systems, shall be those adopted by Bayport during the term of this contract. Bayport shall adopt by ordinance regulations which are compatible with those 5 now in force within Oak Park Heights affecting heating, ventilation, air conditioning and plumbing inspections. 8. Initial payment to Oak Park Heights by Bayport for building inspection services shall occur on a monthly basis. Fifty-percent (50%) of all building inspection fees shall be allocated to the City of Oak Park Heights pursuant to the provisions of Exhibit A, a copy of which is annexed hereto and incorporated by reference herein and shall be paid by Bayport to Oak Park Heights in the month following the issuance of the building permit. The balance of the fees owed the City of Oak Park Heights pursuant to the provisions of Exhibit A, shall be due and payable to Oak Park Heights by Bayport upon issuance of a certificate of occupancy or certification by the building inspector that services are complete. 9. Fees and charges shall be collected by the building official from the City of Bayport for services provided under paragraph I.2.(c ) shall be billed at the hourly rate of $47.00 as provided for within Table 1-A - - Building Permit Fees, as adopted within the Uniform Building Code for the City of Oak Park Heights. The fees and charges set forth within said schedule/Table 1-A - - Building Permit Fees, as adopted by the City of Oak Park heights within its building code are exclusive of any fees or charges as may be required by the Department of Health or any other state agencies or county departments for related permits and/or inspections. All such fees as charged by the Oak Park Heights Building Department shall remain the exclusive property of the City of Oak Park Heights. III. GENERAL TERMS AND CONDITIONS The parties further agree as follows: 1. Bayport shall not assume any liability for the direct payment of salary, wage or other compensation to any Oak Park Heights employee for performing building inspection services pursuant to this agreement. 2. Oak Park Heights shall not assume any liability to supervise or enforce regulations of Bayport or the State affecting zoning, planning, subdivision, wetland or surface water management. Bayport shall also be solely responsible to determine compliance with regulations of the Minnesota Department of Natural Resources, the 6 it , Middle St. Croix River Watershed Management Organization, Valley Branch Watershed District, Minnesota Department of Transportation and other regulatory bodies and > p p 9 rY political subdivisions having jurisdictional authority within Bayport affecting development of lands. 3. Bayport shall assume full responsibility for providing to the city building officials for Oak Park Heights, a current and up-to-date copy of their zoning and subdivision regulations, zoning and subdivision maps, comprehensive plans, and other regulations on development adopted within Bayport. 4. All contractors performing construction services within Bayport shall be required to provide evidences of licensing and insurance as required by City Ordinance or State law. Bayport shall confirm with Oak Park Heights all such license and insurance compliance prior to authorizing issuance of a permit to any contractor performing work within the jurisdictional limits of the City of Bayport. 5. Bayport shall be solely responsible for direct payment of any fees or charges to the State of Minnesota or any of its subdivisions and Washington County as may be required by law affecting development and issuance of building permits within its borders. 6. Bayport, its officers, agents and employees shall cooperate with and assist Oak Park Heights in the orderly performance of services to be provided for herein. 7. All applications for building permits and building inspection forms to be utilized hereunder shall be maintained at both City offices. 8. Bayport, its officers, agents and employees shall not assume liability for any intentional or negligent act of Oak Park Heights or any of its officers, agents or employees and Oak Park Heights herewith agrees to hold Bayport, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City of Oak Park Heights, its officers, agents and further agrees to defend Bayport, its officers, agents and employees from any claim for damages resulting in the negligent act of Oak Park Heights, its officers, agents or employees in performance of this agreement. 7 9. Oak Park Heights, its officers, agents and employees shall not assume liability for any intentional or negligent act of Bayport or any of its officers, agents or employees and Bayport herewith agrees to hold Oak Park Heights, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City of Bayport, its officers, agents and further agrees to defend Oak Park Heights, its officers, agents and employees, from any claim for damages resulting from the negligent act of Bayport, its officers, agents or employees in performance of this agreement. 10. Termination. This agreement shall remain in effect unless terminated pursuant to the provisions of this Paragraph. Either party may terminate this Agreement only upon providing ninety (90) days advance written notice to the other to be mailed to the addresses set forth within Article IV herein of the respective party to receive this notice. All such notices shall be sent using registered or certified mail to the addresses specified herein. Further, each party shall notify the other of their intent to renew this Agreement for an additional year on or before October 1st of every year during which this Agreement is in force. Notwithstanding an election to renew this agreement, the provisions of Schedule A annexed hereto and incorporated by reference herein shall be negotiated separately between Bayport and Oak Park Heights on an annual basis. 11. It is understood this agreement contains the entire agreement between Bayport and Oak Park Heights and that no statement, promise or inducements have been made to any party hereto, or any officer, agent or employee of either party hereto which is not contained within this written Agreement. This Agreement may not be enlarged, modified or altered except in writing signed by the parties and endorsed herein. It is expressly understood between the parties hereto and this understanding should be considered in interpreting the provisions of this Agreement, that upon notice given by any party hereto, later negotiations may be undertaken for the purpose of revising, adding to or striking any provision or provisions of this Agreement which appear unworkable or insufficient to perfect, maintain and ensure the purpose of this Agreement, and any change to the original provisions of the Agreement mutually acceptable by both parties shall be written and attached to this Agreement as provided 8 above and any such revision, addition or deletion shall only apply to the provision so revised, added or deleted, and the remainder of this Agreement shall remain in full force and effect. IV. EFFECTIVE AND TERMINATION DATES 1. Effective Date. This Agreement shall be in effect as of the date of its execution between the parties as set forth above. 2. Termination. This Agreement shall terminate on December 31, 2002 unless otherwise renewed by the parties. V. ADDITIONAL PROVISIONS 1. Arbitration. In the event of any dispute arising between the parties as it affects the interpretation, construction or application of this Agreement to the extent the same cannot be resolved by negotiation between the parties, the same shall be submitted to the American Arbitration Association for purposes of arbitration and the cost thereof shall be equally born by the parties. 2. Insurance. Each party hereto shall maintain insurance in the minimum amounts as specified by Minnesota Statute §466.04. In the event of a notice of claim being filed with either party affecting or arising out of the operation of this Agreement for the provision of building inspection services to Bayport by Oak Park Heights, copies of all notices of claim shall be provided both parties to this Agreement. 3. Storage of Closed Files. Upon the completion of building inspection services as it affects individual projects, the City of Oak Park Heights may retain Bayport files for storage purposes for a reasonable period of time as may be determined in the discretion of the building inspector for Oak Park Heights. All open and closed files affecting building inspection services to be rendered to Bayport pursuant to the terms and provisions of the Agreement shall remain the exclusive property of Bayport and Bayport shall remain as the responsible authority to respond to request for public or 9 private data as is otherwise specified and provided for within Minnesota Statute §13.01, et. seq. CITY • ' .A.�'''b HTS 4 0)1,4 go , , , A By: liol-M21110t/ ' Davis :eaudet Its: Mayor By:Y Thomas M. Melena Its: City Administrator CITY OF BAYPORT ( 2 By: �... C Jim Kos o Its: Mayor illte ' eth H. Hartunt0Plir City Administrator 10 • PROPOSED BUILDING INSPECTION FEES BETWEEN THE CITY OF OAK PARK HEIGHTS AND THE CITY OF BAYPORT ATTACHMENT A Residential Construction Cost Oak Park Heights Bayport Fee Fee Percentage Percentage $10,000.00 and Under 100% 0% $10,001.00 to $50,000.00 75% 25% $50,001.00 to $100,000.00 70% 30% $100,001.00 to $200,000.00 65% 35% $200,001.00 to $300,000.00 60% 40% $300,001.00 to$400,000.00 55% 45% $400,001.00 and Over 50% 50% Remodel New Const. Plumbing $50.00 $75.00 100% Heating $50.00 $75.00 100% COMMERCIAL/INDUSTRIAL CONSTRUCTION New Construction or New Add'n 60% 40% Remodel of Existing Commercial Buildings 75% 25% Plumbing Min. $75.00 or 1.5% of Contract 100%of Min. .5% of Const. $75.00 or 1%of Contract Contract Heating Minn. $75.00 or 1.5% of 100% of Min. .5% of Const Construction plus %2%for Plan $75.00 Or 1% Contract Review, if needed of Const. Contract Plus .5% for plan review, if needed Sprinkling System for Fire Protection 100% of Min. .5% of Const. Min. $75.00 or 1.5% of Contract $75.00 or 1% of Contract Plus Y2% of plan review if needed Const. Contract Plus .5% for plan review, if needed 11 LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P,L.L.P. 0 Minnesota Northwestern Avenue Lyle J. Eoklerg Stillwater, tnnesota 55082 David K. Snyder James F. Lammers (612) 439-2878 Urosh Piletioh* Robert G. Briggs . FAX (612) 439-2923 Paul A. Wolff Mark J. Vierling* (1944-1996) Gregory G. Galley, Direct Dial No. : (612) 351-2118 *Qualified Neutral Arbitrator&Mediator Thomas J. Weidner* *Qualified Neutral Arbitrator Susan D. Olson February 5, 1998 *Certified Real Estate Specialist Ms . Judy Hoist City of Oak Park Heights 14168 - 57th Street North P. O. Box 2007 Oak Park Heights, Minnesota 55082 Dear Judy: Enclosed herewith please find the Building Inspection Agreement between the City of Oak Park Heights and Jon Ludwig which I have revised pursuant to your request . Please have this agreement executed by Mr. Ludwig and on beha • City and, if you have any questions, please feel free o conta me directly. Yours ery tr , Mar .. J. Vierling {�(A17 MJV/sdb U V FEB - 61998 Enclosure • AGREEMENT TO PROVIDE PLAN INSPECTION SERVICES TO THE OAK PARK HEIGHTS BUILDING INSPECTION DEPARTMENT JON LUDWIG, dba Building Inspection Services, Inc. , currently of 304 Greeley Street North, Stillwater, Minnesota, hereinafter referred to as "Contractor" and the City of Oak Park Heights, a municipal corporation, hereinafter referred to as "Oak Park Heights" , hereby enter into this agreement to provide for plan inspection and building inspection services by the Contractor to the Oak Park Building Inspection Department under the following terms and conditions : 1 . The term of this agreement shall be from January 1, 1999 to December 31, 1999, unless earlier terminated as provided herein. 2 . Early Termination. The Contractor or Oak Park Heights may unilaterally terminate this agreement without cause and for any reason upon giving at least 30 days written notice to the other party by mailing same using certified mail to the address provided for herein. 3 . Plan Inspection Services . Oak Park Heights currently receives applications for building inspection and plan inspection services and does receive fees for all building permits and projects within the City of Oak Park Heights and the City of Bayport . The Contractor shall not be asked to provide routine building inspection services except under the terms and provisions of this contract nor shall he be required nor allowed to administrate the receipt of fees from applicants for building • 411 inspection services from either community. All applications and processing appropriate fees charged under the terms and provisions of the building code is adopted within either community, shall be the exclusive province and responsibility of Oak Park Heights . 4 . Contractor will provide on request to Oak Park Heights, plan check services as are necessary in all instances where such plan checking is mandatory under the existing laws, codes and ordinances . Oak Park Heights shall notify the Contractor of the need for plan check services as it affects any application for building permits received by Oak Park Heights within either community of Oak Park Heights or Bayport, both of which being currently administered for building inspection services under the Oak Park Heights Building Inspection g g P Department . S . For the provision of plan check services by the Contractor, the Contractor shall be reimbursed at the rate of 90% of the standard plan check fees as is currently assigned and specified within the City' s Ordinance which currently adopt the 1997 Building Code as is more fully set forth within Chapter 301, Section 301 . O1F, Code of Ordinances for the City of Oak Park Heights Heights . 6 . Building Inspection Services . Contractor will provide on request of Oak Park Heights building inspection services, as are required to be provided under the City' s Building Inspection Ordinance . Contractor shall be compensated at the rate of Forty-seven and 00/100 Dollars ($47. 00) per hour for services rendered. Contractor shall bill monthly, identifying each inspection as to each permit number and the time allocated to such inspection. 7 . The local government shall remain responsible for enforcement of zoning and/or building code violations observed by the Contractor and reported to the local government official . Contractor shall be under the direct supervision of the Oak Park Heights Building Official . If for any reason that the Oak Park Heights Building Official is not available, all questions, inquiries and comments shall be directed to the Community Development Director by the Contractor. 8 . It is clearly understood between the parties that as it pertains to services requested under this agreement, the Contractor is serving only in the capacity of a professional building inspector providing for plan check and building inspection services on request of Oak Park. This contract does not intend nor does it grant any exclusive rights or privileges to either party as it relates to the provision of these services but all such services for building inspection plan check fees to the extent requested by the City of Oak Park Heights shall be forwarded to the Contractor by Oak Park Heights on an as needed basis. 9 . Material and Work Product . All reports, memoranda, referrals and correspondence generated by the Contractor in fulfilling this agreement shall be the property of Oak Park Heights . The Contractor shall prepare and maintain all records 410 required by the local government and under the building code to substantiate the amounts of types of services rendered for all purposes . 10 . Merger and Modification. It is hereby understood and agreed that this entire agreement between the parties is contained herein and that this agreement supersedes all prior oral negotiations and discussions existing between the parties relating to this subject matter. Any material modifications, variations or alterations or waivers or provisions of this agreement, shall be valid only when they have been reduced to writing as an amendment thereto and signed by the parties. Dated: 1-'44-D2 Jon Ludwig, ba Building Inspection Services, Inc. CITY OF OA PARK HEIGHTS Dated: David Schaaf Mayor JO Tom Melena City Administrator z , '' CITY OF OAK PARK HEIGHTS - . 14168 North 57th Street • P.O. Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:6511439-4439 • Fax:651/439-0574 r e r 1:-'--; rC) ,i i 1 III November 19, 1999 ��4 NOV 319 �� \``\ L_____---\------ ------7- ---i---- 12-I Mr. Ken Hartung, Administrator City of Bayport 294 North 3rd Street Bayport, MN 55003-1027 Dear Ken: Enclosed find four Agreements for Building Inspection Services. Please sign these documents where indicated and return three originals to me,keeping one for your files. If you have any questions or comments, please give me a call. Sincerely, ,Y4ao, fn , frail-99,, Lisa M. Kellogg Administrative Secretary/Deputy Clerk /link Enclosures Gcaid) /'ilorr Tree City U.S.A. AGREEMENT FOR BUILDING INSPECTION SERVICES THIS AGREEMENT made and entered into this / day of January, 2000 by and between the City of Oak Park Heights, State of Minnesota (hereinafter referred to as "Oak Park") , and the City of Bayport , State of Minnesota (hereinafter referred to as "Bayport" ) WITNESSETH: WHEREAS, Bayport has requested Oak Park to provide building inspection services to be performed within its boundaries; and, WHEREAS, Oak Park wishes to contract with Bayport to perform building inspection services within the Bayport' s boundaries; and, WHEREAS, such agreements are authorized by Minnesota Statute 471 . 59 . NOW, THEREFORE, IT IS MUTUALLY AGREED by and between Oak Park and Bayport as follows : I . SCOPE OF SERVICES 1 . Oak Park agrees to provide through its building inspection department, building inspection services for Bayport . The building official for Oak Park shall serve as the building official for Bayport under the terms of this Agreement . 2 . a) Except as otherwise specifically set forth herein, building inspection services shall only include those types of duties and functions customarily rendered by the building officials under law, and shall not include Services which are normally provided by the State of Minnesota such as electrical inspections and issuances of electrical permits nor shall it include such services which are normally provided by Washington County Department of Health including, but not limited to, hazard property inspection for the purposes of Minnesota Statute 463 . 15, et . seq. , nor shall it provide for septic system inspection or permit issuance therefore . b) Services to be rendered shall also not include permits to be issued for signage unless related to a building project . c) Oak Park shall provide, through its building inspection department, building inspection services for hazardous structures as provided under Minnesota Statute § 463 . 15, et . seq. , re- inspection services and building inspection services for public health and safety purposes where no new building permit is being applied for by the property owner or their designated agent, with all such services being provided pursuant to the terms of this Agreement . 3 . The standards of performance, method of providing building inspection services and other matters incident to the performance of services under this Agreement including personnel to be employed shall be determined by Oak Park. 4 . Under this Agreement Oak Park will receive all applications for building permits for all projects within Bayport as required by existing laws, codes and ordinances with such applications being received by Oak Park after they have been first reviewed by Bayport for purposes of planning, zoning, subdivision and other local code regulations and requirements . The building official for Oak Park shall examine such applications to determine compliance with the existing building code. 5 . All applications for permits which require variances, conditional use permits or other special permits under existing ordinances of Bayport shall first be resolved by Bayport prior to submission of applications for building permits to the building official . No building permit shall be issued until Bayport, the office of its administrator or otherwise has executed a consent to issuance thereon. 6 . The building official for Oak Park shall provide and issue all building permits as required by the existing building codes and shall maintain a duplicate record of all such permits and inspections related thereto. The building official of Oak Park shall on a monthly basis submit a report to Bayport as to individual building permits issued, but shall not be required to compile statistic data or otherwise submit reports on behalf of Bayport to the State of Minnesota, The Metropolitan Council or other state agencies and departments . 7 . Pursuant to this Agreement , the building official shall provide necessary plan check services as required by laws, regulations and ordinances . 8 . The building official for Oak Park shall provide all job site inspections on projects under permit as is required by existing building codes and City ordinances and such other reasonable inspections as may be deemed necessary by him or her in order to ensure compliance with the Building Code, and upon completion of each project shall issue a certificate of occupancy 3 for said project . 9 . The building official for Oak Park shall collect all fees for building applications and charges to be collected incident to the administration of building inspection services contained herein according to the schedule of fees and charges agreed by both parties which is annexed hereto as Exhibit A and incorporated by reference herein. All such fees as collected by the building official, shall be remitted to Bayport for disbursement pursuant to the terms of this Agreement . 10 . The building official for Oak Park shall collect all building permit surcharge fees, sewer availability charges and city fees as may be required by statute, regulation, or ordinance and shall account for and forward all such funds to Bayport . Bayport shall account for and disburse all such funds as is required by this Agreement or law. 11 . Building official for Oak Park shall not be required to attend Bayport staff planning review meetings except for preconstruction meetings on commercial projects . Bayport shall provide input from its fire department, police department, public works supervisors, zoning administrator and other staff members appropriate to each building permit application to the building official for Oak Park at the time that a building application is submitted to Oak Park. 12 . Building official for Oak Park shall have the exclusive authority to determine interpretations and applications of the building code to projects within Bayport . Notwithstanding the 4 forgoing, the Building Inspector shall confer with the City Administrator of Bayport before issuing any such interpretations and applications of the building code on projects within Bayport . Building official shall also have the right to issue stop orders on any project determined not to be in compliance with the terms and provisions of the building code . Enforcement of building code requirements by way of judicial action for either criminal or civil sanction shall remain the exclusive responsibility of Bayport . 13 . Building inspection services shall include heating, ventilation, air conditioning inspections as well as plumbing inspections associated with building permits to be issued on residential or commercial projects . 14 . Upon completion of all building, plumbing, heating, ventilation, and air conditioning inspections associated with any specific permit, the building official shall forward the original inspection records along with the plans as submitted by the applicant to the zoning administrator for the City of Bayport . All such original records shall remain the exclusive property of the City of Bayport . Upon completion of any project , the building official shall issue a certificate of occupancy and forward a copy thereof to the zoning administrator of Bayport . 15 . Affecting services identified in I . 2 . (c) above, Oak Park reserves the right to decline to provide such services with regard to any individual property within Bayport when, under such circumstances, the building official for Oak Park determines that the specific service sought is beyond the scope of its department 5 to be able to provide, or where under such other circumstances, existing workloads within the department preclude a timely response for the request for such services . II . SCHEDULE OF FEES AND CHARGES 1 . Fees and charges shall be collected by the building official from the applicant upon issuance of the building permit and shall be collected by the building official from the applicant by either cash or check made payable to Bayport . Where building applicants submit a building permit with a cash application fee, an appropriate receipt shall be issued by Oak Park Heights to acknowledge its receipt . 2 . The valuation for permit purposes shall be determined by the building official and shall be calculated by multiplying the square foot area of the proposed structure times the building valuation factor as published annually by the building codes and standards division of the State of Minnesota Department of Administration. The building permit fee shall be those listed in the current addition of the Uniform Building Code . (Oak Park and Bayport currently utilize 1997 edition of the Uniform Building Code with modifications . ) Fees for residential and commercial plumbing, heating, sprinkling system and fire protection system shall be established on Exhibit A. ) 3 . Where work for which a permit is required has been started or proceeded with prior to obtaining said permit, special investigation shall be made before a permit may be issued for such 6 work and the investigation fee shall be equal to the amount of permit fee required by the code and shall be collected whether or not a permit is subsequently issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the code nor from any penalty prescribed by law. All such investigation fees shall remain the exclusive Park. ro ert P P Y of Oa k P 4 . The fees and charges set forth on Exhibit A are exclusive of fees and charges required by the State of Minnesota for electrical permits and inspections . 5 . At the discretion of the building official, additional charges not to exceed actual expenses received may be made in instances where repeated violations of the building code and/or ordinances necessitate a number of compliance reinspections . Such charges shall be payable by the permittee prior to the issuance of the certificate of occupancy and shall remain the exclusive property of Oak Park. 6 . Oak Park and Bayport agree that the division of fees for building inspection services contained herein shall be as is set forth within Exhibit A annexed hereto and incorporated by reference herein. Oak Park shall collect all fees on behalf of Bayport for applications for building inspection services and building permits and remit them to Bayport for disbursement to the parties pursuant to the terms of this Agreement and Exhibit A. Should Oak Park building official be required to perform additional services not related to the issuance of a current building permit, Oak Park shall be compensated by Bayport at the same rate as is currently established for additional inspection pursuant to the provisions of the building code . 7 . The Oak Park building official shall also conduct plumbing, heating, ventilation and air conditioning inspections pursuant to the building code within Bayport . Fees for plumbing, heating, ventilation, and air conditioning inspections as well as fire protection systems, shall be those adopted by Bayport during the term of this Contract . Bayport shall adopt by ordinance regulations which are compatible with those now in force within Oak Park affecting heating, ventilation, air conditioning and plumbing inspections . 8 . Initial payment to Oak Park by Bayport for building inspection services shall occur on a monthly basis . Fifty percent (500) of all building inspection fees shall be allocated to the City of Oak Park pursuant to the provisions of Exhibit A, a copy of which is annexed hereto and incorporated by reference herein and shall be paid by Bayport to Oak Park in the month following the issuance of the building permit . The balance of the fees owed the City of Oak Park Heights pursuant to the provisions of Exhibit A, shall be due and payable to Oak Park by Bayport upon issuance of a certificate of occupancy or certification by the building inspector that services are complete . 9 . Fees and charges shall be collected by the building official from the City of Bayport for services provided under paragraph I . 2 .c) shall be billed at the hourly rate of $47 . 00 as 8 provided for within Table 1-A -- Building Permit Fees, as adopted within the uniform building code for the City of Oak Park Heights. The fees and charges set forth within said schedule/Table 1-A -- Building Permit Fees, as adopted by the City of Oak Park Heights within its building code are exclusive of any fees or charges as may be required by the Department of Health or other state agencies or county departments for related permits and/or inspections . All such fees as charged by the Oak Park Heights Building Department shall remain the exclusive property of the City of Oak Park Heights . III . GENERAL TERMS AND CONDITIONS The parties further agree as follows : 1 . Bayport shall not assume any liability for the direct payment of any salary, wage or other compensation to any Oak Park employee for performing building inspection services pursuant to this Agreement . 2 . Oak Park shall not assume any liability to supervise or enforce regulations of Bayport or the State affecting zoning, planning, subdivision, wetland or surface water management . Bayport shall also be solely responsible to determine compliance with regulations of the Minnesota Department of Natural Resources, the Middle St . Croix Valley Water Management Organization, Valley Branch Water Shed District, Minnesota Department of Transportation and other regulatory bodies and political subdivisions having jurisdictional authority within Bayport affecting development of 9 • lands . 3 . Bayport shall assume full responsibility for providing to the city building officials for Oak Park a current and up-to-date copy of their zoning and subdivision regulations, zoning and subdivision maps, comprehensive plans, and other regulations on development adopted within Bayport . 4 . All contractors performing construction services within Bayport shall be required to provide evidences of licensing and insurance as required by City Ordinance or State law. Bayport shall confirm with Oak Park Heights all such license and insurance compliance prior to authorizing issuance of a permit to any contractor performing work within the jurisdictional limits of the City of Bayport . 5 . Bayport shall be solely responsible for direct payment of any fees or charges to the State of Minnesota or any of its subdivisions and Washington County as may be required by law affecting development and issuance of building permits within its borders . 6 . Bayport, its officers, agents and employees shall cooperate with and assist Oak Park in the orderly performance of services to be provided for herein. 7 . All applications for building permits and building inspection forms to be utilized hereunder shall be maintained at both City offices . 8 . Bayport, its officers, agents and employees shall not assume liability for any intentional or negligent act of Oak Park 10 or any of its officers, agents or employees and Oak Park herewith agrees to hold Bayport, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City of Oak Park its officers, agents and further agrees to defend Bayport , its officers, agents and employees, from any claim for damages resulting from the negligent act of Oak Park, its officers, agents or employees in performance of this Agreement . 9 . Oak Park, its officers, agents and employees shall not assume liability for any intentional or negligent act of Bayport or any of its officers, agents or employees and Bayport herewith agrees to hold Oak Park, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City of Bayport its officers, agents and further agrees to defend Oak Park, its officers, agents and employees, from any claim for damages resulting from the negligent act of Bayport, its officers, agents or employees in performance of this Agreement . 10 . Termination. This Agreement shall remain in effect unless terminated pursuant to the provisions of this Paragraph. Either party may terminate this Agreement only upon providing ninety (90) days advance written notice to the other to be mailed to the addresses set forth within Article IV herein of the respective party to receive the notice . All such notices shall be sent using registered or certified mail to the addresses specified herein. Further, each party shall notify the other of their intent to renew this Agreement for an additional year on or before October 1st of every year during which this Agreement is in force . 11 Notwithstanding an election to renew this Agreement, the provisions of Schedule A annexed hereto and incorporated by reference herein shall be negotiated separately between Bayport and Oak Park on an annual basis . 11 . It is understood this Agreement contains the entire agreement between Bayport and Oak Park and that no statement, promise or inducements have been made to any party hereto, or any officer, agent or employee of either party hereto which is not contained within this written Agreement . This Agreement may not be enlarged, modified or altered except in writing signed by the parties and endorsed herein. It is expressly understood between the parties hereto and this understanding should be considered in interpreting the provisions of this Agreement, that upon notice given by any party hereto, later negotiations may be undertaken for the purpose of revising, adding to or striking any provision or provisions of this Agreement which appear unworkable or insufficient to perfect, maintain and ensure the purpose of this Agreement, and any change to the original provisions of the Agreement mutually acceptable to both parties shall be written and attached to this Agreement as provided above and any such revision, addition or deletion shall only apply to the provision so revised, added or deleted, and the remainder of this Agreement shall remain in full force and effect . IV. EFFECTIVE AND TERMINATION DATES 1 . Effective Date . This Agreement shall be in effect as of 12 the date of its execution between the parties as set forth above . 2 . Termination. This Agreement shall terminate on December 31, 2000 unless otherwise renewed by the parties. v. ADDITIONAL PROVISIONS 1 . Arbitration. In the event of any dispute arising between the parties as it affects the interpretation, construction or application of this Agreement to the extent the same cannot be resolved by negotiation between the parties, the same shall be submitted to the American Arbitration Association for purposes of arbitration and the cost thereof shall be equally born by the parties . 2 . Insurance . Each party hereto shall maintain insurance in the minimum amounts as specified by Minnesota Statute §466 . 04 . In the event of a notice of claim being filed with either party affecting or arising out of the operation of this Agreement for the provision of building inspection services to Bayport by Oak Park, copies of all notices of claim shall be provided both parties to this Agreement . 3 . Storage of Closed Files . Upon the completion of building inspection services as it affects individual projects, the City of Oak Park Heights may retain Bayport files for storage purposes for a reasonable period of time as may be determined in the discretion of the building inspector for Oak Park. All open and closed files affecting building inspection services to be rendered to Bayport pursuant to the terms and provisions of the Agreement shall remain 13 the exclusive property of Bayport and Bayport shall remain as the responsible authority to respond to request for public or private data as is otherwise specified and provided for within Minnesota Statute §13 . 01, et seq. CITY OF OAK PARK HEIGHTS B / z . David Schaa; Its : Mayor BY: �- \.^y VV--..VN, Thomas Melena Its : City Administrator CITY OFBBAYPOORT By � Allen R. Schultz Its : Mayor r 41,01( , er ' 9✓ -n et . Hart t- : City Administrator 14 PROPOSED BUILDING INSPECTION FEES BETWEEN TEE CITY OF OAK PARK HEIGHTS AND THE CITY OF BAYPORT RESIDENTIAL CONSTRUCTION Oak Park Eeights Bayport Fee Cost Fee Percentage Percentage $10,000...00 and under - 100% - S� $10,001.00 to $50,000.00 0 $50;001.00. to $1.00.000.00- 75% 30% $100,001.00 to $200,000.00 70% 35% $200,001.00 to $300 000.00 60% 40% 60% 45 $300,001.00 to $400,000.00 55% 45% • $400,001:00• ---plus 50% SO% Remodel New Coast. Plumbing $50.00 $75.00 100% Heating $50.00 $75.00 100% COMMERCIAL/INDUSTRTAT CONSTRUICTION New Construction or--New Add'n - 60% 40% Remodel of Existing Commercial Buildings 75% 25% Plumbing Min.- $75-..00- or 1.5A -of contract- ---- 100% of Min. $75.00- -_5% of Const., !eating or 1% of Contract Contract Min. $75.00 or 1.5% of con- 100% of Min. $75.00 .5% of Const. sr-ruction plus 1/2% for Plan or 1% of Coast. Contract review, if needed. . Contract plus .5% for plan review, if needed. Sprinkling System for Fire Protect. 100% of Min. $75.00 .5% of Const. Min. $75.00 or 1.5% of contract ' or 1% of Coast. Contract plus 1/2% of plan review if Contract plus .5% needed of plan review, if needed. • Attachment: A • f • AGREEMENT FOR BUILDING INSPECTION SERVICES THIS AGREEMENT made and entered into this / day of January, 2000 by and between the City of Oak Park Heights, State of Minnesota (hereinafter referred to as "Oak Park" ) , and the City of Bayport, State of Minnesota (hereinafter referred to as "Bayport" ) WITNESSETH: WHEREAS, Bayport has requested Oak Park to provide building inspection services to be performed within its boundaries; and, WHEREAS, Oak Park wishes to contract with Bayport to perform buildin g inspection ection services within the Bayport' s boundaries; and, WHEREAS, such agreements are authorized by Minnesota Statute 471 . 59 . NOW, THEREFORE, IT IS MUTUALLY AGREED by and between Oak Park and Bayport as follows : I . SCOPE OF SERVICES 1 . Oak Park agrees to provide through its building inspection department, building inspection services for Bayport . The building official for Oak Park shall serve as the building official for Bayport under the terms of this Agreement . 2 . a) Except as otherwise specifically set forth herein, building inspection services shall only include those types of duties and functions customarily rendered by the building officials under law, and shall not include Services which are normally provided by the State of Minnesota such as electrical inspections and issuances of electrical permits nor shall it include such services which are normally provided by Washington County Department of Health including, but not limited to, hazard property inspection for the purposes of Minnesota Statute 463 . 15, et . seq. P P P , nor shall it provide for septic system inspection or permit issuance therefore . b) Services to be rendered shall also not include permits to be issued for signage unless related to a building project . c) Oak Park shall provide, through its building inspection department, building inspection services for hazardous structures as provided under Minnesota Statute § 463 . 15, et . seq. , re- inspection services and building inspection services for public health and safety purposes where no new building permit is being applied for by the property owner or their designated agent, with all such services being provided pursuant to the terms of this Agreement . 3 . The standards of performance, method of providing building inspection services and other matters incident to the performance of services under this Agreement including personnel to be employed shall be determined by Oak Park. 4 . Under this Agreement Oak Park will receive all applications for building permits for all projects within Bayport as required by existing laws, codes and ordinances with such applications being received by Oak Park after they have been first reviewed by Bayport for purposes of planning, zoning, subdivision and other local code regulations and requirements . The building official for Oak Park shall examine such applications to determine compliance with the existing building code . 5 . All applications for permits which require variances, conditional use permits or other special permits under existing ordinances of Bayport shall first be resolved by Bayport prior to submission of applications for building permits to the building official . No building permit shall be issued until Bayport, the office of its administrator or otherwise has executed a consent to issuance thereon. 6 . The building official for Oak Park shall provide and issue all building permits as required by the existing building codes and shall maintain a duplicate record of all such permits and inspections related thereto. The building official of Oak Park shall on a monthly basis submit a report to Bayport as to individual building permits issued, but shall not be required to compile statistic data or otherwise submit reports on behalf of Bayport to the State of Minnesota, The Metropolitan Council or other state agencies and departments . 7 . Pursuant to this Agreement, the building official shall provide necessary plan check services as required by laws, regulations and ordinances . 8 . The building official for Oak Park shall provide all job site inspections on projects under permit as is required by existing building codes and City ordinances and such other reasonable inspections as may be deemed necessary by him or her in order to ensure compliance with the Building Code, and upon completion of each project shall issue a certificate of occupancy 3 for said project . 9 . The building official for Oak Park shall collect all fees for building applications and charges to be collected incident to the administration of building inspection services contained herein according to the schedule of fees and charges agreed by both parties which is annexed hereto as Exhibit A and incorporated by reference herein. All such fees as collected by the building official, shall be remitted to Bayport for disbursement pursuant to the terms of this Agreement . 10 . The building official for Oak Park shall collect all building permit surcharge fees, sewer availability charges and city fees as may be required by statute, regulation, or ordinance and shall account for and forward all such funds to Bayport . Bayport shall account for and disburse all such funds as is required by this Agreement or law. 11 . Building official for Oak Park shall not be required to attend Bayport staff planning review meetings except for preconstruction meetings on commercial projects . Bayport shall provide input from its fire department, police department, public works supervisors, zoning administrator and other staff members appropriate to each building permit application to the building official for Oak Park at the time that a building application is submitted to Oak Park. 12 . Building official for Oak Park shall have the exclusive e interpretations and a authority to determin applications of the building code to projects within Bayport . Notwithstanding the 4 forgoing, the Building Inspector shall confer with the City Administrator of Bayport before issuing any such interpretations and applications of the building code on projects within Bayport . Building official shall also have the right to issue stop orders on any project determined not to be in compliance with the terms and provisions of the building code . Enforcement of building code requirements by way of judicial action for either criminal or civil sanction shall remain the exclusive responsibility of Bayport . 13 . Building inspection services shall include heating, ventilation, air conditioning inspections as well as plumbing inspections associated with building permits to be issued on residential or commercial projects . 14 . Upon completion of all building, plumbing, heating, ventilation, and air conditioning inspections associated with any specific permit, the building official shall forward the original inspection records along with the plans as submitted by the applicant to the zoning administrator for the City of Bayport . All such original records shall remain the exclusive property of the City of Bayport . Upon completion of any project, the building official shall issue a certificate of occupancy and forward a copy thereof to the zoning administrator of Bayport . 15 . Affecting services identified in I . 2 . (c) above, Oak Park reserves the right to decline to provide such services with regard to any individual property within Bayport when, under such circumstances, the building official for Oak Park determines that the specific service sought is beyond the scope of its department 5 to be able to provide, or where under such other circumstances, existing workloads within the department preclude a timely response for the request for such services . II . SCHEDULE OF FEES AND CHARGES 1 . Fees and charges shall be collected by the building official from the applicant upon issuance of the building permit and shall be collected by the building official from the applicant by either cash or check made payable to Bayport . Where building applicants submit a building permit with a cash application fee, an appropriate receipt shall be issued by Oak Park Heights to acknowledge its receipt . 2 . The valuation for permit purposes shall be determined by the building official and shall be calculated by multiplying the square foot area of the proposed structure times the building valuation factor as published annually by the building codes and standards division of the State of Minnesota Department of Administration. The building permit fee shall be those listed in the current addition of the Uniform Building Code . (Oak Park and Bayport currently utilize 1997 edition of the Uniform Building Code with modifications . ) Fees for residential and commercial plumbing, heating, sprinkling system and fire protection system shall be established on Exhibit A. ) 3 . Where work for which a permit is required has been started or proceeded with prior to obtaining said permit, special investigation shall be made before a permit may be issued for such 6 work and the investigation fee shall be equal to the amount of permit fee required by the code and shall be collected whether or not a permit is subsequently issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the code nor from any penalty prescribed by law. All such investigation fees shall remain the exclusive property of Oak Park. 4 . The fees and charges set forth on Exhibit A are exclusive of fees and charges required by the State of Minnesota for electrical permits and inspections . 5 . At the discretion of the building official, additional charges not to exceed actual expenses received may be made in instances where repeated violations of the building code and/or ordinances necessitate a number of compliance reinspections . Such charges shall be payable by the permittee prior to the issuance of the certificate of occupancy and shall remain the exclusive property of Oak Park. 6 . Oak Park and Bayport agree that the division of fees for building inspection services contained herein shall be as is set forth within Exhibit A annexed hereto and incorporated by reference herein. Oak Park shall collect all fees on behalf of Bayport for applications for building inspection services and building permits and remit them to Bayport for disbursement to the parties pursuant to the terms of this Agreement and Exhibit A. Should Oak Park building official be required to perform additional services not related to the issuance of a current 7 building permit, Oak Park shall be compensated by Bayport at the same rate as is currently established for additional inspection pursuant to the provisions of the building code. 7 . The Oak Park building official shall also conduct plumbing, heating, ventilation and air conditioning inspections pursuant to the building code within Bayport . Fees for plumbing, heating, ventilation, and air conditioning inspections as well as fire protection systems, shall be those adopted by Bayport during the term of this Contract . Bayport shall adopt by ordinance regulations which are compatible with those now in force within Oak Park affecting heating, ventilation, air conditioning and plumbing inspections . 8 . Initial payment to Oak Park by Bayport for building inspection services shall occur on a monthly basis . Fifty percent (50%) of all building inspection fees shall be allocated to the City of Oak Park pursuant to the provisions of Exhibit A, a copy of which is annexed hereto and incorporated by reference herein and shall be paid by Bayport to Oak Park in the month following the issuance of the building permit . The balance of the fees owed the City of Oak Park Heights pursuant to the provisions of Exhibit A, shall be due and payable to Oak Park by Bayport upon issuance of a certificate of occupancy or certification by the building inspector that services are complete . 9 . Fees and charges shall be collected by the building official from the City of Bayport for services provided under li paragraph I . 2 .c) shall be billed at the hourly rate of $47 . 00 as 8 provided for within Table 1-A -- Building Permit Fees, as adopted within the uniform building code for the City of Oak Park Heights . The fees and charges set forth within said schedule/Table 1-A -- Building Permit Fees, as adopted by the City of Oak Park Heights within its building code are exclusive of any fees or charges as may be required by the Department of Health or other state agencies or county departments for related permits and/or inspections . All such fees as charged by the Oak Park Heights Building Department shall remain the exclusive property of the City of Oak Park Heights . III . GENERAL TERMS AND CONDITIONS The parties further agree as follows : 1 . Bayport shall not assume any liability for the direct payment of any salary, wage or other compensation to any Oak Park employee for performing building inspection services pursuant to this Agreement . 2 . Oak Park shall not assume any liability to supervise or enforce regulations of Bayport or the State affecting zoning, planning, subdivision, wetland or surface water management . Bayport shall also be solely responsible to determine compliance with regulations of the Minnesota Department of Natural Resources, the Middle St . Croix Valley Water Management Organization, Valley Branch Water Shed District, Minnesota Department of Transportation and other regulatory bodies and political subdivisions having jurisdictional authority within Bayport affecting development of 9 lands . 3 . Bayport shall assume full responsibility for providing to the city building officials for Oak Park a current and up-to-date copy of their zoning and subdivision regulations, zoning and subdivision maps, comprehensive plans, and other regulations on development adopted within Bayport . 4 . All contractors performing construction services within Bayport shall be required to provide evidences of licensing and insurance as required by City Ordinance or State law. Bayport shall confirm with Oak Park Heights all such license and insurance compliance prior to authorizing issuance of a permit to any contractor performing work within the jurisdictional limits of the City of Bayport . 5 . Bayport shall be solely responsible for direct payment of any fees or charges to the State of Minnesota or any of its subdivisions and Washington County as may be required by law affecting development and issuance of building permits within its borders . 1 6 . Bayport, its officers, agents and employees shall cooperate with and assist Oak Park in the orderly performance of services to be provided for herein. 7 . All applications for building permits and building inspection forms to be utilized hereunder shall be maintained at both City offices . 8 . Bayport, its officers, agents and employees shall not assume liability for any intentional or negligent act of Oak Park 10 agents or employees r any of its officers, a and Oak Park herewith g t p y agrees to hold Bayport, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City a of Oak Park its officers, agents and furth er agrees to defend Bayport, its officers, agents and employees, from any claim for damages resulting from the negligent act of Oak Park, its officers, agents or employees in performance of this Agreement . 9 . Oak Park, its officers, agents and employees shall not assume liability for any intentional or negligent act of Bayport or any of its officers, agents or employees and Bayport herewith agrees to hold Oak Park, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City of Bayport its officers, agents and further agrees to defend Oak Park, its officers, agents and employees, from any claim for damages resulting from the negligent act of Bayport, its officers, agents or employees in performance of this Agreement . 10 . Termination. This Agreement shall remain in effect unless terminated pursuant to the provisions of this Paragraph. Either party may terminate this Agreement only upon providing ninety (90) days advance written notice to the other to be mailed to the addresses set forth within Article IV herein of the respective party to receive the notice . All such notices shall be sent using registered or certified mail to the addresses specified herein. Further, each party shall notify the other of their intent to renew this Agreement for an additional year on or before October 1st of every year during which this Agreement is in force. 11 Notwithstanding an election to renew this Agreement, the provisions of Schedule A annexed hereto and incorporated by reference herein shall be negotiated separately between Bayport and Oak Park on an annual basis . 11 . It is understood this Agreement contains the entire agreement between Bayport and Oak Park and that no statement, promise or inducements have been made to any party hereto, or any officer, agent or employee of either party hereto which is not contained within this written Agreement . This Agreement may not be enlarged, modified or altered except in writing signed by the parties and endorsed herein. It is expressly understood between the parties hereto and this understanding should be considered in interpreting the provisions of this Agreement, that upon notice given by any party hereto, later negotiations may be undertaken for the purpose of revising, adding to or striking any provision or provisions of this Agreement which appear unworkable or insufficient to perfect, maintain and ensure the purpose of this Agreement, and any change to the original provisions of the Agreement mutually acceptable to both parties shall be written and attached to this Agreement as provided above and any such revision, addition or deletion shall only apply to the provision so revised, added or deleted, and the remainder of this Agreement shall remain in full force and effect . IV. EFFECTIVE AND TERMINATION DATES 1 . Effective Date . This Agreement shall be in effect as of 12 the date of its execution between the parties as set forth above . 2 . Termination. This Agreement shall terminate on December 31, 2000 unless otherwise renewed by the parties . II V. ADDITIONAL PROVISIONS Arbitration. In the event of any dispute Arb Y ute arising p between the parties as it affects the interpretation, construction or application of this Agreement to the extent the same cannot be resolved by negotiation between the parties, the same shall be submitted to the American Arbitration Association for purposes of arbitration and the cost thereof shall be equally born by the parties . 2 . Insurance . Each party hereto shall maintain insurance in the minimum amounts as specified by Minnesota Statute §466 . 04 . In the event of a notice of claim being filed with either party affecting or arising out of the operation of this Agreement for the provision of building inspection services to Bayport by Oak Park, copies of all notices of claim shall be provided both parties to this Agreement . 3 . Storage of Closed Files . Upon the completion of building inspection services as it affects individual projects, the City of Oak Park Heights may retain Bayport files for storage purposes for a reasonable period of time as may be determined in the discretion of the building inspector for Oak Park. All open and closed files affecting building inspection services to be rendered to Bayport pursuant to the terms and provisions of the Agreement shall remain 13 the exclusive property of Bayport and Bayport shall remain as the responsible authority to respond to request for public or private data as is otherwise specified and provided for within Minnesota Statute §13 . 01, et seq. CITY OF 4/AK PARK H GH S By David Schaa Its : Mayor By: Thomas Melena Its : City Administrator CITY OF BAYPORT By ['� � Pte/ •e. Allen R. Schultz Its : Mayor neth . 'artung ts : City A. nis or 14 PROPOSED BUILDING INSPECTION FEES BETWEEN THE CITY OF OAK PARR HEIGHTS AND THE CITY OF BAYPORT RESIDENTIAL CONSTRUCTION Oak Park Heights Bayport Fee Cost Fee Percentace Percentage -$10,-000..00-and- Under - -- 100% - - 0 $10,001.00 to $50,000.00 75% 25% $50-401.00 to $100,000.0(1 - 70% 30% . $100,001.00 to $200,000.00 65% 35% $200401.00 to $300-,000.00 60% 40% $300,001.00 to $400,000.00 55% 45% $400-401,40--:plus 50% 50%-- Remodel New Const. Plumbing $50.00 $75.00 1003 Heating $50.00 $75.00 100% COMMERCIAL/INDUSTRIAL CONSTRUCTION New Construction or--New Add'n - 60% - 40%._ Remodel of Existing Commercial Buildings 751 25% Plumbing Min.- $75-.00 or 1,5% of contract, -_ - 100%- of Kin- $75.00- --,-5% of Const. or 1% of Contract Contract Beating Min. $75.00 or 1.5% of con- 100% of Min. $75.00 .5% of Const. struction plus 1/28 for Plan or 1% of Const. Contract review, if needed. Contract plus .5% for plan review, if needed. Sprinkling System for Fire Protect. 100% of Min. $75.00 .5% of Coast. Min. $75.00 or 1.5% of contract ' or 1% of Const. Contract plus 1/2% of plan review if Contract plus .5% needed of plan review, if needed. Attachment: A - AGREEMENT FOR BUILDING INSPECTION SERVICES THIS AGREEMENT made and entered into this if _ day of January, 2000 by and between the City of Oak Park Heights, State of Minnesota (hereinafter referred to as "Oak Park" ) , and the City of Bayport, State of Minnesota (hereinafter referred to as "Bayport" ) WITNESSETH: WHEREAS, Bayport has requested Oak Park to provide building inspection services to be performed within its boundaries; and, WHEREAS, Oak Park wishes to contract with Bayport to perform building inspection services within the Bayport' s boundaries ; and, WHEREAS, such agreements are authorized by Minnesota Statute 471 . 59 . NOW, THEREFORE, IT IS MUTUALLY AGREED by and between Oak Park and Bayport as follows : I . SCOPE OF SERVICES 1 . Oak Park agrees to provide through its building inspection department, building inspection services for Bayport . The building official for Oak Park shall serve as the building official for Bayport under the terms of this Agreement . 2 . a) Except as otherwise specifically set forth herein, building inspection services shall only include those types of duties and functions customarily rendered by the building officials under law, and shall not include Services which are normally provided by the State of Minnesota such as electrical inspections and issuances of electrical permits nor shall it include such services which are normally provided by Washington County Department of Health including, but not limited to, hazard property inspection for the purposes of Minnesota Statute 463 . 15, et . seq. , nor shall it provide for septic system inspection or permit issuance therefore . b) Services to be rendered shall also not include permits to be issued for signage unless related to a building project . c) Oak Park shall provide, through its building inspection department, building inspection services for hazardous structures as provided under Minnesota Statute § 463 . 15, et . seq. , re- inspection services and building inspection services for public health and safety purposes where no new building permit is being applied for by the property owner or their designated agent, with all such services being provided pursuant to the terms of this Agreement . 3 . The standards of performance, method of providing building inspection services and other matters incident to the performance of services under this Agreement including personnel to be employed shall be determined by Oak Park. 4 . Under this Agreement Oak Park will receive all applications for building permits for all projects within Bayport as required by existing laws, codes and ordinances with such applications being received by Oak Park after they have been first reviewed by Bayport for purposes of planning, zoning, subdivision and other local code regulations and requirements . The building official for Oak Park shall examine such applications to determine compliance with the existing building code. 5 . All applications for permits which require variances, conditional use permits or other special permits under existing ordinances of Bayport shall first be resolved by Bayport prior to submission of applications for building permits to the building official . No building permit shall be issued until Bayport, the office of its administrator or otherwise has executed a consent to issuance thereon. 6 . The building official for Oak Park shall provide and issue all building permits as required by the existing building codes and shall maintain a duplicate record of all such permits and inspections related thereto. The building official of Oak Park shall on a monthly basis submit a report to Bayport as to individual building permits issued, but shall not be required to compile statistic data or otherwise submit reports on behalf of Bayport to the State of Minnesota, The Metropolitan Council or other state agencies and departments . 7 . Pursuant to this Agreement, the building official shall provide necessary plan check services as required by laws, regulations and ordinances . 8 . The building official for Oak Park shall provide all job site inspections on projects under permit as is required by existing building codes and City ordinances and such other reasonable inspections as may be deemed necessary by him or her in order to ensure compliance with the Building Code, and upon completion of each project shall issue a certificate of occupancy 3 III . for said project . 9 . The building official for Oak Park shall collect all fees for building applications and charges to be collected incident to the administration of building inspection services contained herein according to the schedule of fees and charges agreed by both parties which is annexed hereto as Exhibit A and incorporated by reference herein. All such fees as collected by the building official, shall be remitted to Bayport for disbursement pursuant to the terms of this Agreement . 10 . The building official for Oak Park shall collect all building permit surcharge fees, sewer availability charges and city fees as may be required by statute, regulation, or ordinance and shall account for and forward all such funds to Bayport . Bayport shall account for and disburse all such funds as is required by this Agreement or law. 11 . Building official for Oak Park shall not be required to attend Bayport staff planning review meetings except for preconstruction meetings on commercial projects . Bayport shall P rovide input from its fire department, police department , public works supervisors, zonin g administrator and other staff members appropriate to each buildin g permit application to the building official for Oak Park at the time that a building application is submitted to Oak Park. 12 . Buildin g official for Oak Park shall have the exclusive authority to determine interpretations and applications of the building code to projects within Bayport . Notwithstandin g the 4 forgoing, the Building Inspector shall confer with the City Administrator of Bayport before issuing any such interpretations and applications of the building code on projects within Bayport . Building official shall also have the right to issue stop orders on any project determined not to be in compliance with the terms and provisions of the building code . Enforcement of building code requirements by way of judicial action for either criminal or civil sanction shall remain the exclusive responsibility of Bayport . 13 . Building inspection services shall include heating, ventilation, air conditioning inspections as well as plumbing inspections associated with building permits to be issued on residential or commercial projects . 14 . Upon completion of all building, plumbing, heating, ventilation, and air conditioning inspections associated with any specific permit, the building official shall forward the original inspection records along with the plans as submitted by the applicant to the zoning administrator for the City of Bayport . All such original records shall remain the exclusive property of the City of Bayport . Upon completion of any project, the building official shall issue a certificate of occupancy and forward a copy thereof to the zoning administrator of Bayport . 15 . Affecting services identified in I . 2 . (c) above, Oak Park reserves the right to decline to provide such services with regard to any individual property within Bayport when, under such circumstances, the building official for Oak Park determines that the specific service sought is beyond the scope of its department 5 to be able to provide, or where under such other circumstances, existing workloads within the department preclude a timely response for the request for such services . II . SCHEDULE OF FEES AND CHARGES 1 . Fees and charges shall be collected by the building official from the applicant upon issuance of the building permit and shall be collected by the building official from the applicant by either cash or check made payable to Bayport . Where building applicants submit a building permit with a cash application fee, an appropriate receipt shall be issued by Oak Park Heights to acknowledge its receipt . 2 . The valuation for permit purposes shall be determined by the building official and shall be calculated by multiplying the square foot area of the proposed structure times the building valuation factor as published annually by the building codes and standards division of the State of Minnesota Department of Administration. The building permit fee shall be those listed in the current addition of the Uniform Building Code . (Oak Park and Bayport currently utilize 1997 edition of the Uniform Building Code with modifications . ) Fees for residential and commercial plumbing, heating, sprinkling system and fire protection system shall be established on Exhibit A. ) 3 . Where work for which a permit is required has been started or proceeded with prior to obtaining said permit, special investigation shall be made before a permit may be issued for such 6 work and the investigation fee shall be equal to the amount of permit fee required by the code and shall be collected whether or not a permit is subsequently issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the code nor from any penalty prescribed by law. All such investigation fees shall remain the exclusive property of Oak Park. 4 . The fees and charges set forth on Exhibit A are exclusive of fees and charges required by the State of Minnesota for electrical permits and inspections . 5 . At the discretion of the building official, additional charges not to exceed actual expenses received may be made in instances where repeated violations of the building code and/or ordinances necessitate a number of compliance reinspections . Such charges shall be payable by the permittee prior to the issuance of the certificate of occupancy and shall remain the exclusive property of Oak Park. 6 . Oak Park and Bayport agree that the division of fees for building inspection services contained herein shall be as is set forth within Exhibit A annexed hereto and incorporated by reference herein. Oak Park shall collect all fees on behalf of Bayport for applications for building inspection services and building permits and remit them to Bayport for disbursement to the parties pursuant to the terms of this Agreement and Exhibit A. Should Oak Park building official be required to perform additional services not related to the issuance of a current 7 building permit, Oak Park shall be compensated by Bayport at the same rate as is currently established for additional inspection pursuant to the provisions of the building code. 7 . The Oak Park building official shall also conduct plumbing, heating, ventilation and air conditioning inspections pursuant to the building code within Bayport . Fees for plumbing, heating, ventilation, and air conditioning inspections as well as fire protection systems, shall be those adopted by Bayport during the term of this Contract . Bayport shall adopt by ordinance regulations which are compatible with those now in force within Oak Park affecting heating, ventilation, air conditioning and plumbing inspections . 8 . Initial payment to Oak Park by Bayport for building inspection services shall occur on a monthly basis . Fifty percent (50%) all building inspection of 11 buildin ins ection fees shall be allocated to the City of Oak Park pursuant to the provisions of Exhibit A, a copy of which is annexed hereto and incorporated by reference herein and shall be paid by Bayport to Oak Park in the month following the issuance of the building permit . The balance of the fees owed the City of Oak Park Heights pursuant to the provisions of Exhibit A, shall be due and payable to Oak Park by Bayport upon issuance of a certificate of occupancy or certification by the building inspector that services are complete . 9 . Fees and charges shall be collected by the building official from the City of Bayport for services provided under paragraph I . 2 .c) shall be billed at the hourly rate of $47 . 00 as 8 provided for within Table 1-A -- uilding Permit ermit Fe s as adopted within the uniform building code for the City of Oak Park Heights . The fees and charges set forth within said schedule/Table 1-A -- Building Permit Fees, as adopted by the City of Oak Park Heights within its building code are exclusive of any fees or charges as may be required by the Department of Health or other state agencies or county departments for related permits and/or inspections . All such fees as charged by the Oak Park Heights Building Department shall remain the exclusive property of the City of Oak Park Heights . III . GENERAL TERMS AND CONDITIONS The parties further agree as follows : 1 . Bayport shall not assume any liability for the direct payment of any salary, wage or other compensation to any Oak Park employee for performing building inspection services pursuant to this Agreement . 2 . Oak Park shall not assume any liability to supervise or enforce regulations of Bayport or the State affecting zoning, planning, subdivision, wetland or surface water management . Bayport shall also be solely responsible to determine compliance with regulations of the Minnesota Department of Natural Resources, the Middle St . Croix Valley Water Management Organization, Valley Branch Water Shed District, Minnesota Department of Transportation and other regulatory bodies and political subdivisions having jurisdictional authority within Bayport affecting development of 9 lands . 3 . Bayport shall assume full responsibility for providing to the city building officials for Oak Park a current and up-to-date copy of their zoning and subdivision regulations, zoning and subdivision maps, comprehensive plans, and other regulations on development adopted within Bayport . 4 . All contractors performing construction services within Bayport shall be required to provide evidences of licensing and insurance as required by City Ordinance or State law. Bayport shall confirm with Oak Park Heights all such license and insurance compliance prior to authorizing issuance of a permit to any contractor performing work within the jurisdictional limits of the City of Bayport . 5 . Bayport shall be solely responsible for direct payment of any fees or charges to the State of Minnesota or any of its subdivisions and Washington County as may be required by law affecting development and issuance of building permits within its borders . 6 . Bayport, its officers, agents and employees shall cooperate with and assist Oak Park in the orderly performance of services to be provided for herein. 7 . All applications for building permits and building inspection forms to be utilized hereunder shall be maintained at both City offices . 8 . Bayport, its officers, agents and employees shall not act of Oak Park assume liability for any intentional or negligent 10 or any of its officers, agents or employees and Oak Park herewith i th agrees to hold Bayport, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City of Oak Park its officers, agents and further agrees to defend Bayport , its officers, agents and employees, from any claim for damages resulting from the negligent act of Oak Park, its officers, agents or employees in performance of this Agreement . 9 . Oak Park, its officers, agents and employees shall not assume liability for any intentional or negligent act of Bayport or any of its officers, agents or employees and Bayport herewith agrees to hold Oak Park, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City of Bayport its officers, agents and further agrees to defend Oak Park, its officers, agents and employees, from any claim for damages resulting from the negligent act of Bayport, its officers, agents or employees in performance of this Agreement . 10 . Termination. This Agreement shall remain in effect unless terminated pursuant to the provisions of this Paragraph. Either party may terminate this Agreement only upon providing ninety (90) days advance written notice to the other to be mailed to the addresses set forth within Article IV herein of the respective party to receive the notice . All such notices shall be sent using registered or certified mail to the addresses specified herein. Further, each party shall notify the other of their intent to renew this Agreement for an additional year on or before October 1st of every year during which this Agreement is in force . 11 • Notwithstanding an election to renew this Agreement, the provisions of Schedule A annexed hereto and incorporated by reference herein shall be negotiated separately between Bayport and Oak Park on an annual basis . 11 . it is understood this Agreement contains the entire agreement between Bayport and Oak Park and that no statement, promise or inducements have been made to any party hereto, or any officer, agent or employee of either party hereto which is not contained within this written Agreement . This Agreement may not be enlarged, modified or altered except in writing signed by the parties and endorsed herein. It is expressly understood between the parties hereto and this understanding should be considered in interpreting the provisions of this Agreement, that upon notice given by any party hereto, later negotiations may be undertaken for the purpose of revising, adding to or striking any provision or provisions of this Agreement which appear unworkable or insufficient to perfect, maintain and ensure the purpose of this Agreement , and any change to the original provisions of the Agreement mutually acceptable to both parties shall be written and attached to this Agreement as provided above and any such revision, addition or deletion shall only apply to the provision so revised, added or deleted, and the remainder of this Agreement shall remain in full force and effect . IV. EFFECTIVE AND TERMINATION DATES 1 . Effective Date . This Agreement shall be in effect as of 12 the date of its execution between the parties as set forth above . 2 . Termination. This Agreement shall terminate on December 31, 2000 unless otherwise renewed by the parties. V. ADDITIONAL PROVISIONS 1 . Arbitration. In the event of any dispute arising between the parties as it affects the interpretation, construction or application of this Agreement to the extent the same cannot be resolved by negotiation between the parties, the same shall be submitted to the American Arbitration Association for purposes of arbitration and the cost thereof shall be equally born by the parties . 2 . Insurance . Each party hereto shall maintain insurance in the minimum amounts as specified by Minnesota Statute §466 . 04 . In the event of a notice of claim being filed with either party affecting or arising out of the operation of this Agreement for the provision of building inspection services to Bayport by Oak Park, copies of all notices of claim shall be provided both parties to this Agreement . 3 . Storage of Closed Files . Upon the completion of building inspection services as it affects individual projects, the City of Oak Park Heights may retain Bayport files for storage purposes for a reasonable period of time as may be determined in the discretion of the building inspector for Oak Park. All open and closed files affecting building inspection services to be rendered to Bayport pursuant to the terms and provisions of the Agreement shall remain 13 the exclusive property of Bayport and Bayport shall remain as the responsible authority to respond to request for public or private data as is otherwise specified and provided for within Minnesota Statute §13 . 01, et seq. CITY OF OAK PARK HEIaTS „ed. i ,,,,z By David Sch-af Its : Mayor BY: �=-., k'..\\J"---- % ::-- Thomas Melena Its : City Administrator CITY OFBAYPORT By al4t /14,, ,./if/ll Allen R. Schultz Its : Mayor BY' A0010( / en , t- H. H_ - �� Its . City Ad nest Allpr 14 PROPOSED BUILDING INSPECTION FEES BETWEEN THE CITY OF OAK PARK HEIGHTS AND THE CITY OF BAYPORT • RESIDENT:AL CONSTRUCTION Oak Park Heights Bayport Fee Cost Fee Percyntace Percenta e $10;000..00 and- Under -- - 100% g $10,001.00 to $50,000.00 0 $3o-ooi.00 to $100,000.00 70% 30% $100,001.00 to $200,000.00 70% 30%% $200,001.00- to $3001,000.00 60% 40% $300,001.00 to $400,000.00 60% 45A $400-,:0.01.00 501 50� 50t- Remodel New Coast. Plying $50.00 $75.00 1001 Seating $50.00 $75.00 100% COMMERCIAL/INDUSTRIRI. CONSTRUCTION New Constr ction or-New Add'n -- - 60%- 40% _ Remodel of Existing Commercial Buildings 75% 23% Plumbing .Min. $-75.00 or 1.5A of contract__ _-- 100% of Min. $75.00- .5% of Coast. Heating or 1I of Contract Contract M t. $75.00 or 1.5% of con- 100% of Min. $75.00 .55 of Coast. st_sction plus 1/21 for Plan or 1% of Coast. Contract review, if needed. Contract plus .5% for plan review, if needed. Sprinkling System for Fire Protect. 100% of Min. $75.00 .5% of Const. Min. $75.00 or 1.5% of contract ' or 1% of Const. Contract plus 1/21 of plan review if Contract plus .5% needed of plan review, if needed. Attachment A } CITY OF BAYPORT 294 North 3rd Street Bayport, Minnesota 55003-1027 November 5, 1999 Phone: (651) 439-2530 Tom Melena City Administrator City of Oak Park Heights 14168 No. 57th Street P.O. Box 2007 Oak Park Heights, Minnesota 55082-2007 Dear Tom: At the Bayport City Council Meeting of Monday, November 1, 1999, the Council adopted Resolution 99-127, Authorizing an Agreement for Building Inspection Services with the City of Oak Park Heights for the Year 2000. I have enclosed a copy of Resolution No. 99-127 for your files. At your convenience, I would appreciate forwarding a copy of the new contract agreement so the Mayor and I can sign the Agreement for Building Inspection Services with the City of Oak Park Heights for the Year 2000. Sincerely,,ydurs, nnet Hart p • •ity Administrate, pc: Mayor and Councilmembers 1 ' y ; N` V -81999 RESOLUTION NO. 99-127 EXTRACT OF THE MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF BAYPORT, WASHINGTON COUNTY, MINNESOTA HELD NOVEMBER 1, 1999 Pursuant to due call and notice therefore, a regular meeting of the City Council of the City of Bayport, Minnesota was duly held at the Bayport City Hall in said municipality on the 1st day of November, 1999, at 7 : 00 PM. The following members were present : Councilmembers Menard, Newell, Kosmo, Ridgway and Schultz . and the following members were absent : None Member Newell introduced the following resolution and moved its adoption: RESOLUTION CITY OF BAYPORT, WASHINGTON COUNTY, MINNESOTA, AUTHORIZING AN AGREEMENT FOR BUILDING INSPECTION SERVICES WITH THE CITY OF OAK PARK HEIGHTS FOR THE YEAR 2000 WHEREAS : The City of Bayport has determined that Building Inspection Services can efficiently and effectively be provided with the cooperative effort between the Cities of Oak Park Heights and Bayport . WHEREAS : The City of Bayport entered into a contract with the City of Oak Park Heights to provide Building Inspection services for the past 7 years beginning on February 9, 1993 , and; WHEREAS : The City of Bayport wishes to continue its agreement with the City of Oak Park Heights to provide Building Inspection Services . NOW THEREFORE BE IT RESOLVED: By the City Council of the City of Bayport, Washington County, Minnesota, does hereby ordain as follows : 1 . The City Council approve an Agreement for Building Inspection Services Between the City of Bayport and the City of Oak Park Heights effective January 1, 2000 . 2 . The City Council hereby authorizes and directs the City Administrator and the Mayor to sign said Agreement . The motion for adoption of the foregoing resolution was duly seconded by Member Menard and upon roll call being taken thereon, the following voted via voice : Jim Menard - aye Sharon Ridgway - aye Linda Newell - aye Allen Schultz - aye Jim Kosmo - aye Thereupon said resolution was declared duly passed and adopted and signed by the Mayor and attested by the City Administrator. Passed by the City Council, City of Bayport, Washington County, Minnesota at this 1st day of November, 1999 . Attest : 7 to/-0,2 r A fi// A „Al'en H. Hartung Allr Allen R. Schultz, M7 or Ci • 4ministrator PROPOSED BUILDING INSPECTION FEES BETWEEN THE CITY OF OAK PARK HEIGHTS AND THE CITY OF BAYPORT RESIDENTIAL CONSTRUCTION Oak Park Heights Bayport Fee Cost Fee Percentage Percentage $10,.00 00-and Under - 100% 0 $10,001.00 to $50,000.00 75% 25i $5O 001 00 tc $100,000.00 70% 30% $100,001.00 to $200,000.00 65% 35% $200;001..-00tc $3'00,000.00 60% - 40%>. $300,001.00 to $400,000.00 55% 45% $QOArAA1�Q0,.,.. gus 50% 50%-_, Remodel New Const. Plumbing $50.00 $75.00 1001 Heating $50.00 $75.00 100% COMMERCIAL/INDUSTRIAL CONSTRUCTION -New -Constructioa or New>Add,n 60% 40% _ Remodel of Existing Commercial Buildings 75% 25% Plumbing �M $75-00-or-1,5%-of contract. 100% of Kin, .$75.00 .5% of Coast. --. or 1% of Contract Contract Heating Mia. $75.00 or 1.5% of con- 100% of Min. $75.00 .5% of Const. Struction plus 1/2% for Plan or 1% of Const. Contract review, if needed. Contract plus .5% for plan review, if needed. Sprinkling System for Fire Protect. 100% of Min. $75.00 .5% of Const. Min. $75.00 or 1.5% of contract ' or 11 of Const. Contract plus 1/2% of plan review if Contract plus .5% needed of plan review, if needed. Attachment; A - -�. i AGREEMENT FOR BUILDING INSPECTION SERVICES THIS AGREEMENT made and entered into this day of January, 2000 by and between the City of Oak Park Heights, State of Minnesota (hereinafter referred to as "Oak Park") , and the City of Bayport, State of Minnesota (hereinafter referred to as "Bayport" ) WITNESSETH: WHEREAS, Bayport has requested Oak Park to provide building inspection services to be performed within its boundaries; and, WHEREAS, Oak Park wishes to contract with Bayport to perform building inspection services within the Bayport' s boundaries; and, WHEREAS, such agreements are authorized by Minnesota Statute 471 . 59 . NOW, THEREFORE, IT IS MUTUALLY AGREED by and between Oak Park and Bayport as follows : I . SCOPE OF SERVICES 1 . Oak Park agrees to provide through its building inspection department, building inspection services for Bayport . The building official for Oak Park shall serve as the building official for Bayport under the terms of this Agreement . 2 . a) Except as otherwise specifically set forth herein, building inspection services shall only include those types of duties and functions customarily rendered by the building officials under law, and shall not include Services which are normally provided by the State of Minnesota such as electrical inspections and issuances of electrical permits nor shall it include such services which are normally provided by Washington County Department of Health including, but not limited to, hazard property inspection for the purposes of Minnesota Statute 463 . 15, et . seq. , nor shall it provide for septic system inspection or permit issuance therefore . b) Services to be rendered shall also not include permits to be issued for signage unless related to a building project . c) Oak Park shall provide, through its building inspection department, building inspection services for hazardous structures as provided under Minnesota Statute § 463 . 15, et . seq. , re- inspection services and building inspection services for public health and safety purposes where no new building permit is being applied for by the property owner or their designated agent, with all such services being provided pursuant to the terms of this Agreement . 3 . The standards of performance, method of providing building inspection services and other matters incident to the performance of services under this Agreement including personnel to be employed shall be determined by Oak Park. 4 . Under this Agreement Oak Park will receive all applications for building permits for all projects within Bayport as required by existing laws, codes and ordinances with such applications being received by Oak Park after they have been first reviewed by Bayport for purposes of planning, zoning, subdivision and other local code regulations and requirements . The building official for Oak Park shall examine such applications to determine compliance with the existing building code . 5 . All applications for permits which require variances, conditional use permits or other special permits under existing ordinances of Bayport shall first be resolved by Bayport prior to submission of applications for building permits to the building official . No building permit shall be issued until Bayport, the office of its administrator or otherwise has executed a consent to issuance thereon. 6 . The building official for Oak Park shall provide and issue all building permits as required by the existing building codes and shall maintain a duplicate record of all such permits and inspections related thereto. The building official of Oak Park shall on a monthly basis submit a report to Bayport as to individual building permits issued, but shall not be required to compile statistic data or otherwise submit reports on behalf of Bayport to the State of Minnesota, The Metropolitan Council or other state agencies and departments . 7 . Pursuant to this Agreement, the building official shall provide necessary plan check services as required by laws, regulations and ordinances . 8 . The building official for Oak Park shall provide all job site inspections on projects under permit as is required by existing building codes and City ordinances and such other reasonable inspections as may be deemed necessary by him or her in order to ensure compliance with the Building Code, and upon completion of each project shall issue a certificate of occupancy 3 for said project . 9 . The building official for Oak Park shall collect all fees for building applications and charges to be collected incident to the administration of building inspection services contained herein according to the schedule of fees and charges agreed by both parties which is annexed hereto as Exhibit A and incorporated by reference herein. All such fees as collected by the building official, shall be remitted to Bayport for disbursement pursuant to the terms of this Agreement . 10 . The building official for Oak Park shall collect all building permit surcharge fees, sewer availability charges and city fees as may be required by statute, regulation, or ordinance and shall account for and forward all such funds to Bayport . Bayport shall account for and disburse all such funds as is required by this Agreement or law. 11 . Building official for Oak Park shall not be required to attend Bayport staff planning review meetings except for preconstruction meetings on commercial projects . Bayport shall provide input from its fire department, police department, public works supervisors, zoning administrator and other staff members appropriate to each building permit application to the building official for Oak Park at the time that a building application is submitted to Oak Park. 12 . Building official for Oak Park shall have the exclusive authority to determine interpretations and applications of the building code to projects within Bayport . Notwithstanding the 4 forgoing, the Building Inspector shall confer with the City Administrator of Bayport before issuing any such interpretations and applications of the building code on projects within Bayport . Building official shall also have the right to issue stop orders on any project determined not to be in compliance with the terms and provisions of the building code . Enforcement of building code requirements by way of judicial action for either criminal or civil i Bayport . shall remain the exclusive responsibility y of yp ort . 13 . Building inspection services shall include heating, ventilation, air conditioning inspections as well as plumbing inspections associated with building permits to be issued on residential or commercial projects . 14 . Upon completion of all building, plumbing, heating, ventilation, and air conditioning inspections associated with any specific permit, the building official shall forward the original inspection records along with the plans as submitted by the applicant to the zoning administrator for the City of Bayport . All such original records shall remain the exclusive property of the City of Bayport . Upon completion of any project, the building official shall issue a certificate of occupancy and forward a copy thereof to the zoning administrator of Bayport . 15 . Affecting services identified in I . 2 . (c) above, Oak Park reserves the right to decline to provide such services with regard to any individual property within Bayport when, under such circumstances, the building official for Oak Park determines that the specific service sought is beyond the scope of its department 5 to be able to provide, or where under such other circumstances, existing workloads within the department preclude a timely response for the request for such services . II . SCHEDULE OF FEES AND CHARGES 1 . Fees and charges shall be collected by the building official from the applicant upon issuance of the building permit and shall be collected by the building official from the applicant by either cash or check made payable to Bayport . Where building applicants submit a building permit with a cash application fee, an appropriate receipt shall be issued by Oak Park Heights to acknowledge its receipt . 2 . The valuation for permit purposes shall be determined by the building official and shall be calculated by multiplying the square foot area of the proposed structure times the building valuation factor as published annually by the building codes and standards division of the State of Minnesota Department of Administration. The building permit fee shall be those listed in the current addition of the Uniform Building Code . (Oak Park and Bayport currently utilize 1997 edition of the Uniform Building Code with modifications . ) Fees for residential and commercial plumbing, heating, sprinkling system and fire protection system shall be established on Exhibit A. ) 3 . Where work for which a permit is required has been started or proceeded with prior to obtaining said permit, special investigation shall be made before a permit may be issued for such 6 work and the investigation fee shall be equal to the amount of permit fee required by the code and shall be collected whether or not a permit is subsequently issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the code nor from any penalty prescribed by law. All such investigation fees shall remain the exclusive property of Oak Park. 4 . The fees and charges set forth on Exhibit A are exclusive of fees and charges required by the State of Minnesota for electrical permits and inspections . 5 . At the discretion of the building official, additional charges not to exceed actual expenses received may be made in instances where repeated violations of the building code and/or ordinances necessitate a number of compliance reinspections . Such charges shall be payable by the permittee prior to the issuance of the certificate of occupancy and shall remain the exclusive property of Oak Park. 6 . Oak Park and Bayport agree that the division of fees for building inspection services contained herein shall be as is set forth within Exhibit A annexed hereto and incorporated by reference herein. Oak Park shall collect all fees on behalf of Bayport for applications for building inspection services and building permits and remit them to Bayport for disbursement to the parties pursuant to the terms of this Agreement and Exhibit A. Should Oak Park building official be required to perform additional services not related to the issuance of a current building permit, Oak Park shall be compensated by Bayport at the same rate as is currently established for additional inspection pursuant to the provisions of the building code . 7 . The Oak Park building official shall also conduct plumbing, heating, ventilation and air conditioning inspections pursuant to the building code within Bayport . Fees for plumbing, heating, ventilation, and air conditioning inspections as well as fire protection systems, shall be those adopted by Bayport during the term of this Contract . Bayport shall adopt by ordinance regulations which are compatible with those now in force within Oak Park affecting heating, ventilation, air conditioning and plumbing inspections . 8 . Initial payment to Oak Park by Bayport for building inspection services shall occur on a monthly basis . Fifty percent (50%) of all building inspection fees shall be allocated to the City of Oak Park pursuant to the provisions of Exhibit A, a copy of which is annexed hereto and incorporated by reference herein and shall be paid by Bayport to Oak Park i n the month following the P Y YP g issuance of the building permit . The balance of the fees owed the City of Oak Park Heights pursuant to the provisions of Exhibit A, shall be due and payable to Oak Park by Bayport upon issuance of a certificate of occupancy or certification by the building inspector that services are complete. 9 . Fees and charges shall be collected by the building official from the City of Bayport for services provided under paragraph I . 2 .c) shall be billed at the hourly rate of $42 . 00 as 8 provided for within Table 1-A -- Building Permit Fees, as adopted within the uniform building code for the City of Oak Park Heights . The fees and charges set forth within said schedule/Table 1-A -- Building Permit Fees, as adopted by the City of Oak Park Heights within its building code are exclusive of any fees or charges as may be required by the Department of Health or other state agencies or county departments for related permits and/or inspections . All such fees as charged by the Oak Park Heights Building Department shall remain the exclusive property of the City of Oak Park Heights . III . GENgRAL TERMS AND CONDITIONS The parties further agree as follows : 1 . Bayport shall not assume any liability for the direct payment of any salary, wage or other compensation to any Oak Park employee for performing building inspection services pursuant to this Agreement . 2 . Oak Park shall not assume any liability to supervise or enforce regulations of Bayport or the State affecting zoning, planning, subdivision, wetland or surface water management . Bayport shall also be solely responsible to determine compliance with regulations of the Minnesota Department of Natural Resources, the Middle St . Croix Valley Water Management Organization, Valley Branch Water Shed District, Minnesota Department of Transportation and other regulatory bodies and political subdivisions having jurisdictional authority within Bayport affecting development of 9 lands . 3 . Bayport shall assume full responsibility for providing to the city building officials for Oak Park a current and up-to-date copy of their zoning and subdivision regulations, zoning and subdivision maps, comprehensive plans, and other regulations on development adopted within Bayport . 4 . All contractors performing construction services within Bayport shall be required to provide evidences of licensing and insurance as required by City Ordinance or State law. Bayport shall confirm with Oak Park Heights all such license and insurance compliance prior to authorizing issuance of a permit to any contractor performing work within the jurisdictional limits of the City of Bayport . 5 . Bayport shall be solely responsible for direct payment of any fees or charges to the State of Minnesota or any of its subdivisions and Washington County as may be required by law affecting development and issuance of building permits within its borders . 6 . Bayport, its officers, agents and employees shall cooperate with and assist Oak Park in the orderly performance of services to be provided for herein. 7 . All applications for building permits and building inspection forms to be utilized hereunder shall be maintained at both City offices . 8 . Bayport, its officers, agents and employees shall not assume liability for any intentional or negligent act of Oak Park 10 or any of its officers, agents or employees and Oak Park herewith agrees to hold Bayport, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City of Oak Park its officers, agents and further agrees to defend Bayport, its officers, agents and employees, from any claim for damages resulting from the negligent act of Oak Park, its officers, agents or employees in performance of this Agreement . 9 . Oak Park, its officers, agents and employees shall not g assume liability for any intentional or negligent act of Bayport or any o f its officers, agents or employees and Ba yp ort herewith agrees to hold Oak Park, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City of Bayport its officers, agents and further agrees to defend Oak Park, its officers, agents and employees, from any claim for damages resulting from the negligent act of Bayport, its officers, agents or employees in performance of this Agreement . 10 . Termination. This Agreement shall remain in effect unless terminated pursuant to the provisions of this Paragraph. Either party may terminate this Agreement only upon providing ninety (90) days advance written notice to the other to be mailed to the addresses set forth within Article IV herein of the respective party to receive the notice . All such notices shall be sent using registered or certified mail to the addresses specified herein. Further, each party shall notify the other of their intent to renew this Agreement for an additional year on or before October 1st of every year during which this Agreement is in force. 11 Notwithstanding an election to renew this Agreement, the provisions of Schedule A annexed hereto and incorporated by reference herein shall be negotiated separately between Bayport and Oak Park on an annual basis . 11 . It is understood this Agreement contains the entire agreement between Bayport and Oak Park and that no statement, promise or inducements have been made to any party hereto, or any officer, agent or employee of either party hereto which is not contained within this written Agreement . This Agreement may not be enlarged, modified or altered except in writing signed by the parties and endorsed herein. It is expressly understood between the parties hereto and this understanding should be considered in interpreting the provisions of this Agreement, that upon notice given by any party hereto, later negotiations may be undertaken for the purpose of revising, adding to or striking any provision or provisions of this Agreement which appear unworkable or insufficient to perfect, maintain and ensure the purpose of this Agreement, and any change to the original provisions of the Agreement mutually acceptable to both parties shall be written and attached to this Agreement as provided above and any such revision, addition or deletion shall only apply to the provision so revised, added or deleted, and the remainder of this Agreement shall remain in full force and effect . IV. EFFECTIVE AND TERMINATION DATES 1 . Effective Date. This Agreement shall be in effect as of 12 the date of its execution between the parties as set forth above. 2 . Termination. This Agreement shall terminate on December 31, 2000 unless otherwise renewed by the parties . V. ADDITIONAL PROVISIONS 1 . Arbitration. In the event of any dispute arising between the parties as it affects the interpretation, construction or application of this Agreement to the extent the same cannot be resolved by negotiation between the parties, the same shall be submitted to the American Arbitration Association for purposes of arbitration and the cost thereof shall be equally born by the parties . 2 . Insurance. Each party hereto shall maintain insurance in the minimum amounts as specified by Minnesota Statute §466 . 04 . In the event of a notice of claim being filed with either party affecting or arising out of the operation of this Agreement for the provision of building inspection services to Bayport by Oak Park, copies of all notices of claim shall be provided both parties to this Agreement . 3 . Storage of Closed Files . Upon the completion of building inspection services as it affects individual projects, the City of Oak Park Heights may retain Bayport files for storage purposes for a reasonable period of time as may be determined in the discretion of the building inspector for Oak Park. All open and closed files affecting building inspection services to be rendered to Bayport pursuant to the terms and provisions of the Agreement shall remain 13 the exclusive property of Bayport and Bayport shall remain as the responsible authority to respond to request for public or private data as is otherwise specified and provided for within Minnesota Statute §13 . 01, et seq. CITY OF OAK PARK HEIGHTS By David Schaaf Its : Mayor BY: Thomas Melena Its : City Administrator CITY OF BAYPORT By Allen R. Schultz Its : Mayor BY: Kenneth H. Hartung n u g Its : City Administrator 14 .1/05/1999 09:29 ECKBERG LAW 4390574 N0.192 P02 C�11tvrL� �N�:( • AGREEMENT FOR BUILDING INSPECTION SERVICES THIS AGREEMENT made and entered into this day of January, 2000 by and between the City of Oak Park Heights, State of Minnesota (hereinafter referred to as "Oak Park") , and the City of Bayport, State of Minnesota (hereinafter referred to as "Bayport" ) WITNESSETH: WHEREAS, Bayport has requested Oak Park to provide building inspection services to be performed within its boundaries; and, WHEREAS, Oak Park wishes to contract with Bayport to perform building inspection services within the Bayport' s boundaries; and, WHEREAS, such agreements are authorized by Minnesota Statute 471. 59. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between Oak Park and Bayport as follows : I . SCOPE OF SERVICES 1. Oak Park agrees to provide through its building inspection department, building inspection services for Bayport. The building official for Oak Park shall serve as the building official for Bayport under the terms of this Agreement . 2 . a) Except as otherwise specifically set forth herein, building inspection services shall only include those types of duties and functions customarily rendered by the building officials • under law, and shall not include Services which are normally provided by the State of Minnesota such as electrical inspections 11/05/1999 09:29 ECKBERG LAW 4 4390574 NO.192 003 411) and issuances of electrical permits nor shall it include such services which are normally provided by Washington County Department of Health including, but not limited to, hazard property inspection for the purposes of Minnesota Statute 463 .15, et . seq. , nor shall it provide for septic system inspection or permit issuance therefore. b) Services to be rendered shall also not include permits to be issued for signage unless related to a building project. c) Oak Park shall provide, through its building inspection department , building inspection services for hazardous structures as provided under Minnesota Statute § 463 .15 , et. seq. , re- inspection services and building inspection services for public health and safety purposes where no new building permit is being 411 applied for by the property owner or their designated agent, with all such services being provided pursuant to the terms of this Agreement . 3 . The standards of performance, method of providing building inspection services and other matters incident to the performance of services under this Agreement including personnel to be employed shall be determined by Oak Park. 4 . Under this Agreement Oak Park will receive all applications for building permits for all projects within Bayport as required by existing laws, codes and ordinances with such applications being received by Oak Park after they have been first reviewed by Bayport for purposes of planning, zoning, subdivision and other local code regulations and requirements . The building • official for Oak Park shall examine such applications to determine 1,1/05/1999 09:29 ECKBERG LAW 4 4390574 NO.192 D04 compliance with the existing building code . 5 . All applications for permits which require variances, conditional use permits or other special permits under existing ordinances of Bayport shall first be resolved by Bayport prior to submission of applications for building permits to the building official . No building permit shall be issued until Bayport, the office of its administrator or otherwise has executed a consent to issuance thereon. 6 . The building official for Oak Park shall provide and issue all building permits as required by the existing building codes and shall maintain a duplicate record of all such permits and inspections related thereto. The building official of Oak Park shall on a monthly basis submit a report to Bayport as to individual building permits issued, but shall not be required to compile statistic data or otherwise submit reports on behalf of Bayport to the. State of Minnesota, The Metropolitan Council or other state agencies and departments . 7 . Pursuant to this Agreement, the building official shall provide necessary plan check services as required by laws, regulations and ordinances. 8 . The building official for Oak Park shall provide all job site inspections on projects under permit as is required by existing building codes and City ordinances and such other reasonable inspections as may be deemed necessary by him or her in order to ensure compliance with the Building Code, and upon completion of each project shall issue a certificate of occupancy 3 11,05/1999 09:29 ECKBERG LAW 4 4390574 NO.192 P05 for said project . 9 . The building official for Oak Park shall collect all fees for building applications and charges to be collected incident to the administration of building inspection services contained herein according to the schedule of fees and charges agreed by both parties which is annexed hereto as Exhibit A and incorporated by reference herein. All such fees as collected by the building official, shall be remitted to Bayport for disbursement pursuant to the terms of this Agreement . 10 . The building official for Oak Park shall collect all building permit surcharge fees, sewer availability charges and city fees as may be required by statute, regulation, or ordinance and shall account for and forward all such funds to Bayport . Bayport • shall account for and disburse all such funds as is required by this Agreement or law. 11 . Building official for Oak Park shall not be required to attend Bayport staff planning review meetings except for preconstruction meetings on commercial projects. Bayport shall provide input from its fire department, police department, public works supervisors, zoning administrator and other staff members appropriate to each building permit application to the building official for Oak Park at the time that a building application is submitted to Oak Park. 12 . Building official for Oak Park shall have the exclusive authority to determine interpretations and applications of the building code to projects within Bayport . Notwithstanding the II! 4 11/05/1999 09:29 ECKBERG LAW 4 4390574 NO.192 D06 forgoing, the Building Inspector shall confer with the City Administrator of Bayport before issuing any such interpretations and applications of the building code on projects within Bayport. Building official shall also have the right to issue stop orders on any project determined not to be in compliance with the terms and provisions of the building code. Enforcement of building code requirements by way of judicial action for either criminal or civil sanction shall remain the exclusive responsibility of Bayport. 13 . Building inspection services shall include heating, ventilation, air conditioning inspections as well as plumbing inspections associated with building permits to be issued on residential or commercial projects . 14 . Upon completion of all building, plumbing, heating, ventilation, and air conditioning inspections associated with an g P any specific permit, the building official shall forward the original inspection records along with the lans as submitted by the P Y applicant to the zoning administrator for the City of Bayport. All such original records shall remain the exclusive property of the City of Bayport. Upon completion of any project, the building official shall issue a certificate of occupancy and forward a copy thereof to the zoning administrator of Bayport . 15 . Affecting services identified in I .2 . (c) above, Oak Park reserves the right to decline to provide such services with regard to any individual property within Bayport when, under such P Y YP circumstances, the building official for Oak Park determines that the specific service sought is beyond the scope of its department 5 , 11'05/1999 09:29 ECKBERG LAW 4 4390574 NQ.192 P07 • to be able to provide, or where under such other circumstances, existing workloads within the department preclude a timely response for the request for such services. II . SCHEDULE OF FEES AND CHARGES 1 . Fees and charges shall be collected by the building official from the applicant upon issuance of the building permit and shall be collected by the building official from the applicant by either cash or check made payable to Bayport . Where building applicants submit a building permit with a cash application fee, an appropriate receipt shall be issued by Oak Park Heights to acknowledge its receipt . 2 . The valuation for permit purposes shall be determined by the building official and shall be calculated by multiplying the square foot area of the proposed structure times the building valuation factor as published annually by the building codes and standards division of the State of Minnesota Department of Administration. The building permit fee shall be those listed in the current addition of the Uniform Building Code. (Oak Park and Bayport currently utilize 1997 edition of the Uniform Building Code with modifications. ) Fees for residential and commercial plumbing, heating, sprinkling system and fire protection system shall be established on Exhibit A. ) 3 . Where work for which a permit is required has been started or proceeded with prior to obtaining said permit, special investigation shall be made before a permit may be issued for such 6 11/05/1999 09:29 ECKBERG LAW 4 4390574 NO.192 D08 • work and the investigation fee shall be equal to the amount of permit fee required by the code and shall be collected whether or not a permit is subsequently issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the code nor from any penalty prescribed by law. All such investigation fees shall remain the exclusive property of Oak Park. 4 . The fees and charges set forth on Exhibit A are exclusive of fees and charges required by the State of Minnesota for electrical permits and inspections . 5 . At the discretion of the building official, additional charges not to exceed actual expenses received may be made in instances where repeated violations of the building code and/or ordinances necessitate a number of compliance reinspections . Such charges shall be payable by the permittee prior to the issuance of the certificate of occupancy and shall remain the exclusive property of Oak Park. 6 . Oak Park and Bayport agree that the division of fees for building inspection services contained herein shall be as is set forth within Exhibit A annexed hereto and incorporated by reference herein. Oak Park shall collect all fees on behalf of Bayport for applications for building inspection services and building permits and remit them to Bayport for disbursement to the parties pursuant to the terms of this Agreement and Exhibit A. Should oak Park building official be required to perform additional services not related to the issuance of a current 7 11/05/1999 09:29 ECKBERG LAW 4 4390574 NO.192 P09 IIIbuilding permit, Oak Park shall be compensated by Bayport at the same rate as is currently established for additional inspection pursuant to the provisions of the building code. 7. The Oak Park building official shall also conduct plumbing, heating, ventilation and air conditioning inspections pursuant to the building code within Bayport . Fees for plumbing, heating, ventilation, and air conditioning inspections as well as fire protection systems, shall be those adopted by Bayport during the term of this Contract . Bayport shall adopt by ordinance regulations which are compatible with those now in force within Oak Park affecting heating, ventilation, air conditioning and plumbing inspections . 8 . Initial payment to Oak Park by Bayport for building • inspection services shall occur on a monthly basis . Fifty percent (50a) of all building inspection fees shall be allocated to the City of Oak Park pursuant to the provisions of Exhibit A, a copy of which is annexed hereto and incorporated by reference herein and shall be paid by Bayport to Oak Park in the month following the issuance of the building permit . The balance of the fees owed the City of Oak Park Heights pursuant to the provisions of Exhibit A, shall be due and payable to Oak Park by Bayport upon issuance of a certificate of occupancy or certification by the building inspector that services are complete . 9 . Fees and charges shall be collected by the building official from the City of Bayport for services provided under paragraph I . 2 . c) shall be billed at the hourly rate of $42 . 00 as II/ 8 .11/05/1999 09:29 ECKBERG LAW a 4390574 NO.192 P10 provided for within Table 1-A -- Building Permit Fees, as adopted within the uniform building code for the City of Oak Park Heights. The fees and charges set forth within said schedule/Table 1-A -- Building Permit Fees, as adopted by the City of Oak Park Heights within its building code are exclusive of any fees or charges as may be required by the Department of Health or other state agencies or county departments for related permits and/or inspections . All such fees as charged by the Oak Park Heights Building Department shall remain the exclusive property of the City of Oak Park Heights. III . GENERAL TERMS AND CONDITIONS The parties further agree as follows : • 1 . Bayport shall not assume any liability for the direct payment of any salary, wage or other compensation to any Oak Park employee for performing building inspection services pursuant to this Agreement . 2 . Oak Park shall not assume any liability to supervise or enforce regulations of Bayport or the Stare affecting zoning, planning, subdivision, wetland or surface water management . Bayport shall also be solely responsible to determine compliance with regulations of the Minnesota Department of Natural Resources, the Middle St . Croix Valley Water Management Organization, Valley Branch Water Shed District, Minnesota Department of Transportation and other regulatory bodies and political subdivisions having jurisdictional authority 1 au hority within Bayport affecting development of 9 1,1/05/1999 09:29 ECKBERG LAW 4 4390574 NO.192 P11 • lands. 3 . Bayport shall assume full responsibility for providing to the city building officials for Oak Park a current and up-to-date copy of their zoning and subdivision regulations, zoning and subdivision maps, comprehensive plans, and other regulations on development adopted within Bayport . 4 . All contractors performing construction services within Bayport shall be required to provide evidences of licensing and insurance as required by City Ordinance or State law. Bayport shall confirm with Oak Park Heights all such license and insurance compliance prior to authorizing issuance of a permit to any contractor performing work within the jurisdictional limits of the City of Bayport . 5. Bayport shall be solely responsible for direct payment of any fees or charges to the State of Minnesota or any of its subdivisions and Washington County as may be required by law affecting development and issuance of building permits within its borders. 6 . Bayport, its officers, agents and employees shall cooperate with and assist Oak Park in the orderly performance of services to be provided for herein. 7. All applications for building permits and building inspection forms to be utilized hereunder shall be maintained at both City offices . 8 . Bayport, its officers, agents and employees shall not assume liability for any intentional or negligent act of Oak Park 411 to L1/05/1999 09:29 ECKBERG LAW 4 4390574 NO.192 P12 411 or any its y of officers, agents or employees and Oak Park herewith agrees to hold Bayport, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City of Oak Park its officers , agents and further agrees to defend Bayport, its officers, agents and employees, from a ny c l aim for damages resulting from the negligent act of Oak Park, its officers, agents or employees in performance of this Agreement . 9 . Oak Park, its officers, agents and employees shall not assume liability for any intentional or negligent act of Bayport or any of its officers, agents or employees and Bayport herewith agrees to hold Oak Park, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City of Bayport its officers, agents and further agrees to defend Oak Park, its officers, agents and employees, from any claim for damages resulting from the negligent act of Bayport, its officers, agents or employees in performance of this Agreement . 10 . Termination. This Agreement shall remain in effect unless terminated pursuant to the provisions of this Paragraph. Either party may terminate this Agreement only upon providing ninety (90) days advance written notice to the other to be mailed to the addresses set forth within Article IV herein of the respective party to receive the notice . All such notices shall be sent using registered or certified mail to the addresses specified herein. Further, each party shall notify the other of their intent to renew this Agreement for an additional year on or before October 1st of every year during which this Agreement is in force. II/ 11 2.1/05/1999 09:29 ECKBERG LAW 4 4390574 NO.192 013 410 Notwithstanding an election to renew this Agreement , the provisions of Schedule A annexed hereto and incorporated by reference herein shall be negotiated separately between Bayport and Oak Park on an annual basis . 11. It is understood this Agreement contains the entire agreement between Bayport and Oak Park and that no statement, promise or inducements have been made to any party hereto, or any officer, agent or employee of either party hereto which is not contained. within this written Agreement . This Agreement may not be enlarged, modified or altered except in writing signed by the parties and endorsed herein. It is expressly understood between the parties hereto and this understanding should be considered in interpreting the provisions of this Agreement, that upon notice 411 given by any party hereto, later negotiations may be undertaken for the purpose of revising, adding to or striking any provision or provisions of this Agreement which appear unworkable or insufficient to perfect, maintain and ensure the purpose of this Agreement, and any change to the original provisions of the Agreement mutually acceptable to both, parties shall be written and attached to this Agreement as provided above and any such revision, addition or deletion shall only apply to the provision so revised, added or deleted, and the remainder of this Agreement shall remain in full force and effect . Iv. EFFECTIVE AND TERMINATION DATES 1 . Effective Date. This Agreement shall be in effect as of 12 11/05/1999 09:29 ECKBERG LAW 4 4390574 NO.192 D14 410 the date of its execution between the parties as set forth above. 2 . Termination. This Agreement shall terminate on December 31, 2000 unless otherwise renewed by the parties. V. ADDITIONAL PROVISIONS 1 . Arbitration. In the event of any dispute arising between the parties as it affects the interpretation, construction or application of this Agreement to the extent the same cannot be resolved by negotiation between the parties, the same shall be submitted to the American Arbitration Association for purposes of arbitration and the cost thereof shall be equally born by the parties . 2 . Insurance. Each party hereto shall maintain insurance in the minimum amounts as specified by Minnesota Statute §466 . 04 . In the event of a notice of claim being filed with either party affecting or arising out of the operation of this Agreement for the provision of building inspection services to Bayport by Oak Park, copies of all notices of claim shall be provided both parties to this Agreement . 3 . Storage of Closed Files. Upon the completion of building inspection services as it affects individual projects, the City of Oak Park I-/eights may retain Bayport files for storage purposes for a reasonable period of time as may be determined in the discretion of the building inspector for Oak Park. All open and closed files affecting building inspection services to be rendered to Bayport pursuant to the terms and provisions of the Agreement shall remain 411 13 11/05/1999 09:29 ECKBERG LAW .4 43905 74 NO.192 D15 • the exclusive property of Bayport and Bayport shall remain as the responsible authority to respond to request for public or private data as is otherwise specified and provided for within Minnesota Statute §13 . 01, et seq. CITY OF OAK PARK HEIGHTS By David Schaaf Its : Mayor BY: Thomas Melena Its : City Administrator CITY OP BAYPORT By • Allen R. Schultz Its: Mayor BY: Kenneth H. Hartung Its : City Administrator 14 AGREEMENT FOR BUILDING INSPECTION SERVICES THIS AGREEMENT made and entered into this day of January, 2000 by and between the City of Oak Park Heights, State of Minnesota (hereinafter referred to as "Oak Park" ) , and the City of Bayport, State of Minnesota (hereinafter referred to as "Bayport") WITNESSETH: WHEREAS, Bayport has requested Oak Park to provide building inspection services to be performed within its boundaries; and, WHEREAS, Oak Park wishes to contract with Bayport to perform building inspection services within the Bayport' s boundaries; and, WHEREAS, such agreements are authorized by Minnesota Statute 471 . 59 . NOW, THEREFORE, IT IS MUTUALLY AGREED by and between Oak Park and Bayport as follows : I . SCOPE OF SERVICES 1 . Oak Park agrees to provide through its building inspection department, building inspection services for Bayport . The building official for Oak Park shall serve as the building official for Bayport under the terms of this Agreement . 2 . a) Except as otherwise specifically set forth herein, building inspection services shall only include those types of duties and functions customarily rendered by the building officials under law, and shall not include Services which are normally provided by the State of Minnesota such as electrical inspections and issuances of electrical permits nor shall it include such services which are normally provided by Washington County Department of Health including, but not limited to, hazard property inspection for the purposes of Minnesota Statute 463 . 15, et . seq. , nor shall it provide for septic system inspection or permit issuance therefore. b) Services to be rendered shall also not include permits to be issued for signage unless related to a building project . c) Oak Park shall provide, through its building inspection department, building inspection services for hazardous structures as provided under Minnesota Statute § 463 . 15, et . seq. , re- inspection services and building inspection services for public health and safety purposes where no new building permit is being applied for by the property owner or their designated agent, with all such services being provided pursuant to the terms of this Agreement . 3 . The standards of performance, method of providing building inspection services and other matters incident to the performance of services under this Agreement including personnel to be employed shall be determined by Oak Park. 4 . Under this Agreement Oak Park will receive all applications for building permits for all projects within Bayport as required by existing laws, codes and ordinances with such applications being received by Oak Park after they have been first reviewed by Bayport for purposes of planning, zoning, subdivision and other local code regulations and requirements . The building official for Oak Park shall examine such applications to determine compliance with the existing building code . 5 . All applications for permits which require variances, conditional use permits or other special permits under existing ordinances of Bayport shall first be resolved by Bayport prior to submission of applications for building permits to the building official . No building permit shall be issued until Bayport, the office of its administrator or otherwise has executed a consent to issuance thereon. 6 . The building official for Oak Park shall provide and issue all building permits as required by the existing building codes and shall maintain a duplicate record of all such permits and inspections related thereto. The building official of Oak Park shall on a monthly basis submit a report to Bayport as to individual building permits issued, but shall not be required to compile statistic data or otherwise submit reports on behalf of Bayport to the State of Minnesota, The Metropolitan Council or other state agencies and departments . 7 . Pursuant to this Agreement, the building official shall provide necessary plan check services as required by laws, regulations and ordinances . 8 . The building official for Oak Park shall provide all job site inspections on projects under permit as is required by existing building codes and City ordinances and such other reasonable inspections as may be deemed necessary by him or her in order to ensure compliance with the Building Code, and upon completion of each project shall issue a certificate of occupancy 3 for said project . 9 . The building official for Oak Park shall collect all fees for building applications and charges to be collected incident to the administration of building inspection services contained herein according to the schedule of fees and charges agreed by both parties which is annexed hereto as Exhibit A and incorporated by reference herein. All such fees as collected by the building official, shall be remitted to Bayport for disbursement pursuant to the terms of this Agreement . 10 . The building official for Oak Park shall collect all building permit surcharge fees, sewer availability charges and city fees as may be required by statute, regulation, or ordinance and shall account for and forward all such funds to Bayport . Bayport shall account for and disburse all such funds as is required by this Agreement or law. 11 . Building official for Oak Park shall not be required to attend Bayport staff planning review meetings except for preconstruction meetings on commercial projects . Bayport shall provide input from its fire department, police department, public works supervisors, zoning administrator and other staff members appropriate to each building permit application to the building official for Oak Park at the time that a building application is submitted to Oak Park. 12 . Building official for Oak Park shall have the exclusive authority to determine interpretations and applications of the building code to projects within Bayport . Notwithstanding the 4 forgoing, the Building Inspector shall confer with the City Administrator of Bayport before issuing any such interpretations and applications of the building code on projects within Bayport . Building official shall also have the right to issue stop orders on any project determined not to be in compliance with the terms and provisions of the building code . Enforcement of building code requirements by way of judicial action for either criminal or civil sanction shall remain the exclusive responsibility of Bayport . 13 . Building inspection services shall include heating, ventilation, air conditioning inspections as well as plumbing inspections associated with building permits to be issued on residential or commercial projects . 14 . Upon completion of all building, plumbing, heating, ventilation, and air conditioning inspections associated with any specific permit, the building official shall forward the original inspection records along with the plans as submitted by the applicant to the zoning administrator for the City of Bayport . All such original records shall remain the exclusive property of the City of Bayport . Upon completion of any project, the building official shall issue a certificate of occupancy and forward a copy thereof to the zoning administrator of Bayport . 15 . Affecting services identified in I . 2 . (c) above, Oak Park reserves th e right to decline t o provide such services with regard to any individual property within Bayport when, under such circumstances, the building official for Oak Park determines that the specific service sought is beyond the scope of its department 5 to be able to provide, or where under such other circumstances, existing workloads within the department preclude a timely response for the request for such services . II . SCHEDULE OF FEES AND CHARGES 1 . Fees and charges shall be collected by the building official from the applicant upon issuance of the building permit and shall be collected by the building official from the applicant by either cash or check made payable to Bayport . Where building applicants submit a building permit with a cash application fee, an appropriate receipt shall be issued by Oak Park Heights to acknowledge its receipt . 2 . The valuation for permit purposes shall be determined by the building official and shall be calculated by multiplying the square foot area of the proposed structure times the building valuation factor as published annually by the building codes and standards division of the State of Minnesota Department of Administration. The building permit fee shall be those listed in the current addition of the Uniform Building Code. (Oak Park and Bayport currently utilize 1997 edition of the Uniform Building Code with modifications . ) Fees for residential and commercial plumbing, heating, sprinkling system and fire protection system shall be established on Exhibit A. ) 3 . Where work for which a permit is required has been started or proceeded with prior to obtaining said permit, special investigation shall be made before a permit may be issued for such 6 work and the investigation fee shall be equal to the amount of permit fee required by the code and shall be collected whether or not a permit is subsequently issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the code nor from any penalty prescribed by law. All such investigation fees shall remain the exclusive property of Oak Park. 4 . The fees and charges set forth on Exhibit A are exclusive of fees and charges required by the State of Minnesota for electrical permits and inspections. 5 . At the discretion of the building official, additional charges not to exceed actual expenses received may be made in instances where repeated violations of the building code and/or ordinances necessitate a number of compliance reinspections . Such charges shall be payable by the permittee prior to the issuance of the certificate of occupancy and shall remain the exclusive property of Oak Park. 6 . Oak Park and Bayport agree that the division of fees for building inspection services contained herein shall be as is set forth within Exhibit A annexed hereto and incorporated by reference herein. Oak Park shall collect all fees on behalf of Bayport for applications for building inspection services and building permits and remit them to Bayport for disbursement to the parties pursuant to the terms of this Agreement and Exhibit A. Should Oak Park building official be required to perform additional services not related to the issuance of a current 7 building permit, Oak Park shall be compensated by Bayport at the same rate as is currently established for additional inspection pursuant to the provisions of the building code . 7 . The Oak Park building official shall also conduct plumbing, heating, ventilation and air conditioning inspections pursuant to the building code within Bayport . Fees for plumbing, heating, ventilation, and air conditioning inspections as well as fire protection systems, shall be those adopted by Bayport during the term of this Contract . Bayport shall adopt by ordinance regulations which are compatible with those now in force within Oak Park affecting heating, ventilation, air conditioning and plumbing inspections . 8 . Initial payment to Oak Park by Bayport for building inspection services shall occur on a monthly basis . Fifty percent (50%) of all building inspection fees shall be allocated to the City of Oak Park pursuant to the provisions of Exhibit A, a copy of which is annexed hereto and incorporated by reference herein and shall be paid by Bayport to Oak Park in the month following the issuance of the building permit . The balance of the fees owed the City of Oak Park Heights pursuant to the provisions of Exhibit A, shall be due and payable to Oak Park by Bayport upon issuance of a certificate of occupancy or certification by the building inspector that services are complete. 9 . Fees and charges shall be collected by the building official from the City of Bayport for services provided under paragraph I . 2 .c) shall be billed at the hourly rate of $42 . 00 as 8 provided for within Table 1-A -- Building Permit Fees, as adopted within the uniform building code for the City of Oak Park Heights . The fees and charges set forth within said schedule/Table 1-A -- Building Permit Fees, as adopted by the City of Oak Park Heights within its building code are exclusive of any fees or charges as may be required by the Department of Health or other state agencies or county departments for related permits and/or inspections . All such fees as charged by the Oak Park Heights Building Department shall remain the exclusive property of the City of Oak Park Heights . III . GENERAL TERMS AND CONDITIONS The parties further agree as follows : 1 . Bayport shall not assume any liability for the direct payment of any salary, wage or other compensation to any Oak Park employee for performing building inspection services pursuant to this Agreement . 2 . Oak Park shall not assume any liability to supervise or enforce regulations of Bayport or the State affecting zoning, planning, subdivision, wetland or surface water management . Bayport shall also be solely responsible to determine compliance with regulations of the Minnesota Department of Natural Resources, the Middle St . Croix Valley Water Management Organization, Valley Branch Water Shed District, Minnesota Department of Transportation and other regulatory bodies and political subdivisions having jurisdictional authority within Bayport affecting development of 9 lands . 3 . Bayport shall assume full responsibility for providing to the city building officials for Oak Park a current and up-to-date copy of their zoning and subdivision regulations, zoning and subdivision maps, comprehensive plans, and other regulations on development adopted within Bayport . 4 . All contractors performing construction services within Bayport shall be required to provide evidences of licensing and insurance as required by City Ordinance or State law. Bayport shall confirm with Oak Park Heights all such license and insurance compliance prior to authorizing issuance of a permit to any contractor performing work within the jurisdictional limits of the City of Bayport . 5 . Bayport shall be solely responsible for direct payment of any fees or charges to the State of Minnesota or any of its subdivisions and Washington County as may be required by law affecting development and issuance of building permits within its borders . 6 . Bayport, its officers, agents and employees shall cooperate with and assist Oak Park in the orderly performance of services to be provided for herein. 7 . All applications for building permits and building inspection forms to be utilized hereunder shall be maintained at both City offices . 8 . Bayport, its officers, agents and employees shall not assume liability for any intentional or negligent act of Oak Park 10 or any of its officers, agents or employees and Oak Park herewith agrees to hold Bayport, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City of Oak Park its officers, agents and further agrees to defend Bayport, its officers, agents and employees, from any claim for damages resulting from the negligent act of Oak Park, its officers, agents or employees in performance of this Agreement . 9 . Oak Park, its officers, agents and employees shall not assume liability for any intentional or negligent act of Bayport or any of its officers, agents or employees and Bayport herewith agrees to hold Oak Park, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City of Bayport its officers, agents and further agrees to defend Oak Park, its officers, agents and employees, from any claim for damages resulting from the negligent act of Bayport, its officers, agents or employees in performance of this Agreement . 10 . Termination. This Agreement shall remain in effect unless terminated pursuant to the provisions of this Paragraph. Either party may terminate this Agreement only upon providing ninety (90) days advance written notice to the other to be mailed to the addresses set forth within Article IV herein of the respective party to receive the notice. All such notices shall be sent using registered or certified mail to the addresses specified herein. Further, each party shall notify the other of their intent to renew this Agreement for an additional year on or before October 1st of every year during which this Agreement is in force . 11 Notwithstanding an election to renew this Agreement, the provisions of Schedule A annexed hereto and incorporated by reference herein shall be negotiated separately between Bayport and Oak Park on an annual basis . ii . It is understood this Agreement contains the entire agreement between Bayport and Oak Park and that no statement, promise or inducements have been made to any party hereto, or any officer, agent or employee of either party hereto which is not contained within this written Agreement . This Agreement may not be enlarged, modified or altered except in writing signed by the parties and endorsed herein. It is expressly understood between the parties hereto and this understanding should be considered in interpreting the provisions of this Agreement, that upon notice given by any party hereto, later negotiations may be undertaken for the purpose of revising, adding to or striking any provision or provisions of this Agreement which appear unworkable or insufficient to perfect, maintain and ensure the purpose of this Agreement, and any change to the original provisions of the Agreement mutually acceptable to both parties shall be written and attached to this Agreement as provided above and any such revision, addition or deletion shall only apply to the provision so revised, added or deleted, and the remainder of this Agreement shall remain in full force and effect . Iv. EFFECTIVE AND TERMINATION DATES 1 . Effective Date . This Agreement shall be in effect as of 12 the date of its execution between the parties as set forth above. 2 . Termination. This Agreement shall terminate on December 31, 2000 unless otherwise renewed by the parties . V. ADDITIONAL PROVISIONS 1 . Arbitration. In the event of any dispute arising between the parties as it affects the interpretation, construction or application of this Agreement to the extent the same cannot be resolved by negotiation between the parties, the same shall be submitted to the American Arbitration Association for purposes of arbitration and the cost thereof shall be equally born by the parties . 2 . Insurance . Each party hereto shall maintain insurance in the minimum amounts as specified by Minnesota Statute §466 . 04 . In the event of a notice of claim being filed with either party affecting or arising out of the operation of this Agreement for the provision of building inspection services to Bayport by Oak Park, copies of all notices of claim shall be provided both parties to this Agreement . 3 . Storage of Closed Files . Upon the completion of building inspection services as it affects individual projects, the City of Oak Park Heights may retain Bayport files for storage purposes for a reasonable period of time as may be determined in the discretion of the building inspector for Oak Park. All open and closed files affecting building inspection services to be rendered to Bayport pursuant to the terms and provisions of the Agreement shall remain 13 the exclusive property of Bayport and Bayport shall remain as the responsible authority to respond to request for public or private data as is otherwise specified and provided for within Minnesota Statute §13 . 01, et seq. CITY OF OAK PARK HEIGHTS By David Schaaf Its : Mayor BY: Thomas Melena Its : City Administrator CITY OF BAYPORT By Allen R. Schultz Its : Mayor BY: Kenneth H. Hartung Its : City Administrator 14 AGREEMENT FOR BUILDING INSPECTION SERVICES THIS AGREEMENT made and entered into this day of January, 2000 by and between the City of Oak Park Heights, State of Minnesota (hereinafter referred to as "Oak Park" ) , and the City of Bayport, State of Minnesota (hereinafter referred to as yP , "Bayport" ) WITNESSETH: WHEREAS, Bayport has requested Oak Park to provide building inspection services to be performed within its boundaries; and, WHEREAS, Oak Park wishes to contract with Bayport to perform building inspection services within the Bayport' s boundaries; and, WHEREAS, such agreements are authorized by Minnesota Statute 471 . 59 . NOW, THEREFORE, IT IS MUTUALLY AGREED by and between Oak Park and Bayport as follows : I SCOPE OF SERVICES 1 . Oak Park agrees to provide through its building inspection department, building inspection services for Bayport . The building official for Oak Park shall serve as the building official for Bayport under the terms of this Agreement . 2 . a) P Except as otherwise specifically set forth herein, building inspection services shall only include those types of and functions customarily rendered by the building officials duties y y g under law, and shall not include Services which are normally provided by the State of Minnesota such as electrical inspections and issuances of electrical permits nor shall it include such services which are normally provided by Washington County Department of Health including, but not limited to, hazard property inspection for the purposes of Minnesota Statute 463 . 15, et . seq. , nor shall it provide for septic system inspection or permit issuance therefore. b) Services to be rendered shall also not include permits to be issued for signage unless related to a building project . c) Oak Park shall provide, through its building inspection department, building inspection services for hazardous structures as provided under Minnesota Statute § 463 . 15, et . seq. , re- inspection services and building inspection services for public health and safety purposes where no new building permit is being applied for by the property owner or their designated agent, with all such services being provided pursuant to the terms of this Agreement . 3 . The standards of performance, method of providing building inspection services and other matters incident to the performance of services under this Agreement including personnel to be employed shall be determined by Oak Park. 4 . Under this Agreement Oak Park will receive all applications for building permits for all projects within Bayport as required by existing laws, codes and ordinances with such applications being received by Oak Park after they have been first reviewed by Bayport for purposes of planning, zoning, subdivision and other local code regulations and requirements. The building official for Oak Park shall examine such applications to determine compliance with the existing building code . 5 . All applications for permits which require variances, conditional use permits or other special permits under existing ordinances of Bayport shall first be resolved by Bayport prior to submission of applications for building permits to the building official . No building permit shall be issued until Bayport, the office of its administrator or otherwise has executed a consent to issuance thereon. 6 . The building official for Oak Park shall provide and issue all building permits as required by the existing building codes and shall maintain a duplicate record of all such permits and inspections related thereto. The building official of Oak Park shall on a monthly basis submit a report to Bayport as to individual building permits issued, but shall not be required to compile statistic data or otherwise submit reports on behalf of Bayport to the State of Minnesota, The Metropolitan Council or other state agencies and departments . 7 . Pursuant to this Agreement, the building official shall provide necessary plan check services as required by laws, regulations and ordinances . 8 . The building official for Oak Park shall provide all job site inspections on projects under permit as is required by existing building codes and City ordinances and such other reasonable inspections as may be deemed necessary by him or her in order to ensure compliance with the Building Code, and upon completion of each project shall issue a certificate of occupancy 3 for said ect .J ro ' P 9 . The building official for Oak Park shall collect all fees for building applications and charges to be collected incident to the administration of building inspection services contained herein according to the schedule of fees and charges agreed by both parties which is annexed hereto as Exhibit A and incorporated by reference herein. All such fees as collected by the building official, shall be remitted to Bayport for disbursement pursuant to the terms of this Agreement . 10 . The building official for Oak Park shall collect all building permit surcharge fees, sewer availability charges and city fees as may be required by statute, regulation, or ordinance and shall account for and forward all such funds to Bayport . Bayport shall account for and disburse all such funds as is required by this Agreement or law. 11 . Building official for Oak Park shall not be required to attend Bayport staff planning review meetings except for preconstruction meetings on commercial projects . Bayport shall provide input from its fire department, police department, public works supervisors, zoning administrator and other staff members appropriate to each building permit application to the building official for Oak Park at the time that a building application is submitted to Oak Park. 12 . Building official for Oak Park shall have the exclusive authority to determine interpretations and applications of the building code to projects within Bayport . Notwithstanding the 4 forgoing, the Building Inspector shall confer with the City Administrator of Bayport before issuing any such interpretations and applications of the building code on projects within Bayport . Building official shall also have the right to issue stop orders on any project determined not to be in compliance with the terms and provisions of the building code . Enforcement of building code requirements by way of judicial action for either criminal or civil sanction shall remain the exclusive responsibility of Bayport . 13 . Building inspection services shall include heating, ventilation, air conditioning inspections as well as plumbing inspections associated with building permits to be issued on residential or commercial projects . 14 . Upon completion of all building, plumbing, heating, ventilation, and air conditioning inspections associated with any specific permit, the building official shall forward the original inspection records along with the plans as submitted by the applicant to the zoning administrator for the City of Bayport . All such original records shall remain the exclusive property of the City of Bayport . Upon completion of any project, the building official shall issue a certificate of occupancy and forward a copy thereof to the zoning administrator of Bayport . 15 . Affecting services identified in I . 2 . (c) above, Oak Park reserves the right to decline to provide such services with regard to any individual property within Bayport when, under such circumstances, the building official for Oak Park determines that the specific service sought is beyond the scope of its department 5 to be able to provide, or where under such other circumstances, existing workloads within the department preclude a timely response for the request for such services . II . SCHEDULE OF FEES AND CHARGES 1 . Fees and charges shall be collected by the building official from the applicant upon issuance of the building permit and shall be collected by the building official from the applicant by either cash or check made payable to Bayport . Where building applicants submit a building permit with a cash application fee, an appropriate receipt shall be issued by Oak Park Heights to acknowledge its receipt . 2 . The valuation for permit purposes shall be determined by the building official and shall be calculated by multiplying the square foot area of the proposed structure times the building valuation factor as published annually by the building codes and standards division of the State of Minnesota Department of Administration. The building permit fee shall be those listed in the current addition of the Uniform Building Code . (Oak Park and Bayport currently utilize 1997 edition of the Uniform Building Code with modifications . ) Fees for residential and commercial plumbing, heating, sprinkling system and fire protection system shall be established on Exhibit A. ) 3 . Where work for which a permit is required has been started or proceeded with prior to obtaining said permit, special investigation shall be made before a permit may be issued for such 6 work and the investigation fee shall be equal to the amount of permit fee required by the code and shall be collected whether or not a permit is subsequently issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the code nor from any penalty prescribed by law. All such investigation fees shall remain the exclusive property of Oak Park. 4 . The fees and charges set forth on Exhibit A are exclusive of fees and charges required by the State of Minnesota for electrical permits and inspections . 5 . At the discretion of the building official, additional charges not to exceed actual expenses received may be made in instances where repeated violations of the building code and/or ordinances necessitate a number of compliance reinspections . Such charges shall be payable by the permittee prior to the issuance of the certificate of occupancy and shall remain the exclusive property of Oak Park. 6 . Oak Park and Bayport agree that the division of fees for building inspection services contained herein shall be as is set forth within Exhibit A annexed hereto and incorporated by reference herein. Oak Park shall collect all fees on behalf of Bayport for applications for building inspection services and building permits and remit them to Bayport for disbursement to the parties pursuant to the terms of this Agreement and Exhibit A. Should Oak Park building official be required to perform additional services not related to the issuance of a current 7 building permit, Oak Park shall be compensated by Bayport at the same rate as is currently established for additional inspection pursuant to the provisions of the building code . 7 . The Oak Park buildin g official shall also conduct plumbing, heating, ventilation and air conditioning inspections pursuant to the building code within Bayport . Fees for plumbing, heating, ventilation, and air conditioning inspections as well as fire protection systems, shall be those adopted by Bayport during the term of this Contract . Bayport shall adopt by ordinance compatible regulations which are atible with those now in force within Oak g P Park affecting heating, ventilation, air conditioning and plumbing inspections . 8 . Initial payment to Oak Park by Bayport for building inspection services shall occur on a monthly basis . Fifty percent (50%) of all building inspection fees shall be allocated to the City of Oak Park pursuant to the provisions of Exhibit A, a copy of which is annexed hereto and incorporated by reference herein and shall be paid by Bayport to Oak Park in the month following the issuance of the building permit . The balance of the fees owed the City of Oak Park Heights pursuant to the provisions of Exhibit A, shall be due and payable to Oak Park by Bayport upon issuance of a certificate of occupancy or certification by the building inspector that services are complete . 9 . Fees and charges shall be collected by the building official from the City of Bayport for services provided under paragraph I . 2 . c) shall be billed at the hourly rate of $42 . 00 as 8 provided for within Table 1-A -- Building Permit Fees, as adopted within the uniform building code for the City of Oak Park Heights. The fees and charges set forth within said schedule/Table 1-A -- Building Permit Fees, as adopted by the City of Oak Park Heights within its building code are exclusive of any fees or charges as may be required by the Department of Health or other state agencies or county departments for related permits and/or inspections . All such fees as charged by the Oak Park Heights Building Department shall remain the exclusive property of the City of Oak Park Heights . III . GENERAL TERMS AND CONDITIONS The parties further agree as follows : 1 . Bayport shall not assume any liability for the direct payment of any salary, wage or other compensation to any Oak Park employee for performing building inspection services pursuant to this Agreement . 2 . Oak Park shall not assume any liability to supervise or enforce regulations of Bayport or the State affecting zoning, planning, subdivision, wetland or surface water management . Bayport shall also be solely responsible to determine compliance with regulations of the Minnesota Department of Natural Resources, the Middle St . Croix Valley Water Management Organization, Valley Branch Water Shed District, Minnesota Department of Transportation and other regulatory bodies and political subdivisions having jurisdictional authority within Bayport affecting development of 9 lands . 3 . Bayport shall assume full responsibility for providing to the city building officials for Oak Park a current and up-to-date copy of their zoning and subdivision regulations, zoning and subdivision maps, comprehensive plans, and other regulations on development adopted within Bayport . 4 . All contractors performing construction services within Bayport shall be required to provide evidences of licensing and insurance as required by City Ordinance or State law. Bayport shall confirm with Oak Park Heights all such license and insurance compliance prior to authorizing issuance of a permit to any contractor performing work within the jurisdictional limits of the City of Bayport . 5 . Bayport shall be solely responsible for direct payment of any fees or charges to the State of Minnesota or any of its subdivisions and Washington County as may be required by law affecting development and issuance of building permits within its borders . 6 . Bayport, its officers, agents and employees shall cooperate with and assist Oak Park in the orderly performance of services to be provided for herein. 7 . All applications for building permits and building inspection forms to be utilized hereunder shall be maintained at both City offices . 8 . Bayport, its officers, agents and employees shall not assume liability for any intentional or negligent act of Oak Park 10 or any of its officers, agents or employees and Oak Park herewith agrees to hold Bayport, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City of Oak Park its officers, agents and further agrees to defend Bayport, its officers, agents and employees, from any claim for damages resulting from the negligent act of Oak Park, its officers, agents or employees in performance of this Agreement . 9 . Oak Park, its officers, agents and employees shall not assume liability for any intentional or negligent act of Bayport or any of its officers, agents or employees and Bayport herewith agrees to hold Oak Park, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City of Bayport its officers, agents and further agrees to defend Oak Park, its officers, agents and employees, from any claim for damages resulting from the negligent act of Bayport, its officers, agents or employees in performance of this Agreement . 10 . Termination. This Agreement shall remain in effect unless terminated pursuant to the provisions of this Paragraph. Either party may terminate this Agreement only upon providing ninety (90) days advance written notice to the other to be mailed to the addresses set forth within Article IV herein of the respective party to receive the notice . All such notices shall be sent using registered or certified mail to the addresses specified herein. Further, each party shall notify the other of their intent to renew this Agreement for an additional year on or before October 1st of every year during which this Agreement is in force. 11 Notwithstanding an election to renew this Agreement, the provisions of Schedule A annexed hereto and incorporated by reference herein shall be negotiated separately between Bayport and Oak Park on an annual basis . 11 . It is understood this Agreement contains the entire agreement between Bayport and Oak Park and that no statement, promise or inducements have been made to any party hereto, or any officer, agent or employee of either party hereto which is not contained within this written Agreement . This Agreement may not be enlarged, modified or altered except in writing signed by the parties and endorsed herein. It is expressly understood between the parties hereto and this understanding should be considered in interpreting the provisions of this Agreement, that upon notice given by any party hereto, later negotiations may be undertaken for the purpose of revising, adding to or striking any provision or provisions of this Agreement which appear unworkable or insufficient to perfect, maintain and ensure the purpose of this Agreement, and any change to the original provisions of the Agreement mutually acceptable to both parties shall be written and attached to this Agreement as provided above and any such revision, addition or deletion shall only apply to the provision so revised, added or deleted, and the remainder of this Agreement shall remain in full force and effect . IV. EFFECTIVE AND TERMINATION DATES 1 . Effective Date . This Agreement shall be in effect as of 12 the date of its execution between the parties as set forth above . 2 . Termination. This Agreement shall terminate on December 31, 2000 unless otherwise renewed by the parties . V. ADDITIONAL PROVISIONS 1 . Arbitration. In the event of any dispute arising between the parties as it affects the interpretation, construction or application of this Agreement to the extent the same cannot be resolved by negotiation between the parties, the same shall be submitted to the American Arbitration Association for purposes of arbitration and the cost thereof shall be equally born by the parties . 2 . Insurance . Each party hereto shall maintain insurance in the minimum amounts as specified by Minnesota Statute §466 . 04 . In the event of a notice of claim being filed with either party affecting or arising out of the operation of this Agreement for the provision of building inspection services to Bayport by Oak Park, copies of all notices of claim shall be provided both parties to this Agreement . 3 . Storage of Closed Files . Upon the completion of building inspection services as it affects individual projects, the City of Oak Park Heights may retain Bayport files for storage purposes for a reasonable period of time as may be determined in the discretion of the building inspector for Oak Park. All open and closed files affecting building inspection services to be rendered to Bayport pursuant to the terms and provisions of the Agreement shall remain 13 the exclusive property of Bayport and Bayport shall remain as the responsible authority to respond to request for public or private data as is otherwise specified and provided for within Minnesota Statute §13 . 01, et seq. CITY OF OAK PARK HEIGHTS By David Schaaf Its : Mayor BY: Thomas Melena Its : City Administrator CITY OF BAYPORT By Allen R. Schultz Its : Mayor BY: Kenneth H. Hartung Its : City Administrator 14 AGREEMENT FOR BUILDING INSPECTION SERVICES THIS AGREEMENT made and entered into this day of January, 2000 by and between the City of Oak Park Heights, State of Minnesota (hereinafter referred to as "Oak Park" ) , and the City of Bayport, State of Minnesota (hereinafter referred to as "Bayport" ) WITNESSETH: WHEREAS, Bayport has requested Oak Park to provide building inspection services to be performed within its boundaries; and, WHEREAS, Oak Park wishes to contract with Bayport to perform building inspection services within the Bayport' s boundaries; and, WHEREAS, such agreements are authorized by Minnesota Statute 471 . 59 . NOW, THEREFORE, IT IS MUTUALLY AGREED by and between Oak Park and Bayport as follows : I . SCOPE OF SERVICES 1 . Oak Park agrees to provide through its building inspection department, building inspection services for Bayport . The building official for Oak Park shall serve as the building official for Bayport under the terms of this Agreement . 2 . a) Except as otherwise specifically set forth herein, building inspection services shall only include those types of duties and functions customarily rendered by the building officials under law, and shall not include Services which are normally provided by the State of Minnesota such as electrical inspections and issuances of electrical permits nor shall it include such services which are normally provided by Washington County Department of Health including, but not limited to, hazard property inspection for the purposes of Minnesota Statute 463 . 15 , et . seq. , nor shall it provide for septic system inspection or permit issuance therefore . b) Services to be rendered shall also not include permits to be issued for signage unless related to a building project . c) Oak Park shall provide, through its building inspection department, building inspection services for hazardous structures as provided under Minnesota Statute § 463 . 15, et . seq. , re- inspection services and building inspection services for public health and safety purposes where no new building permit is being applied for by the property owner or their designated agent, with all such services being provided pursuant to the terms of this Agreement . 3 . The standards of performance, method of providing building inspection services and other matters incident to the performance of services under this Agreement including personnel to be employed shall be determined by Oak Park. 4 . Under this Agreement Oak Park will receive all applications for building permits for all projects within Bayport as required by existing laws, codes and ordinances with such applications being received by Oak Park after they have been first reviewed by Bayport for purposes of planning, zoning, subdivision and other local code regulations and requirements . The building official for Oak Park shall examine such applications to determine compliance with the existing building code. 5 . All applications for permits which require variances, conditional use permits or other special permits under existing ordinances of Bayport shall first be resolved by Bayport prior to submission of applications for building permits to the building official . No building permit shall be issued until Bayport, the office of its administrator or otherwise has executed a consent to issuance thereon. 6 . The building official for Oak Park shall provide and issue all building permits as required by the existing building codes and shall maintain a duplicate record of all such permits and inspections related thereto. The building official of Oak Park shall on a monthly basis submit a report to Bayport as to individual building permits issued, but shall not be required to compile statistic data or otherwise submit reports on behalf of Bayport to the State of Minnesota, The Metropolitan Council or other state agencies and departments . 7 . Pursuant to this Agreement, the building official shall provide necessary plan check services as required by laws, regulations and ordinances . 8 . The building official for Oak Park shall provide all job site inspections on projects under permit as is required by existing building codes and City ordinances and such other reasonable inspections as may be deemed necessary by him or her in order to ensure compliance with the Building Code, and upon completion of each project shall issue a certificate of occupancy 3 for said project . 9 . The building official for Oak Park shall collect all fees for building applications and charges to be collected incident to the administration of building inspection services contained herein according to the schedule of fees and charges agreed by both parties which is annexed hereto as Exhibit A and incorporated by reference herein. All such fees as collected by the building official, shall be remitted to Bayport for disbursement pursuant to the terms of this Agreement . 10 . The building official for Oak Park shall collect all building permit surcharge fees, sewer availability charges and city fees as may be required by statute, regulation, or ordinance and shall account for and forward all such funds to Bayport . Bayport shall account for and disburse all such funds as is required by this Agreement or law. 11 . Building official for Oak Park shall not be required to attend Bayport staff planning review meetings except for preconstruction meetings on commercial projects . Bayport shall provide input from its fire department, police department, public works supervisors, zoning administrator and other staff members appropriate to each buildin g permit application to the building din g official for Oak Park at the time that a building application is submitted to Oak Park. 12 . Building official for Oak Park shall have the exclusive applications to determine interpretat ions and pp lications of the building code to projects within Bayport . Notwithstanding the 4 forgoing, the Building Inspector shall confer with the City Administrator of Bayport before issuing any such interpretations and applications of the building code on projects within Bayport . Building official shall also have the right to issue stop orders on any project determined not to be in compliance with the terms and provisions of the building code. Enforcement of building code requirements by way of judicial action for either criminal or civil sanction shall remain the exclusive responsibility of Bayport . 13 . Building inspection services shall include heating, ventilation, air conditioning inspections as well as plumbing inspections associated with building permits to be issued on residential or commercial projects . 14 . Upon completion of all building, plumbing, heating, ventilation, and air conditioning inspections associated with any specific permit, the building official shall forward the original inspection records along with the plans as submitted by the applicant to the zoning administrator for the City of Bayport . All such original records shall remain the exclusive property of the City of Bayport . Upon completion of any project, the building official shall issue a certificate of occupancy and forward a copy thereof to the zoning administrator of Bayport . 15 . Affecting services identified in I .2 . (c) above, Oak Park reserves the right to decline to provide such services with regard to any individual property within Bayport when, under such circumstances, the building official for Oak Park determines that the specific service sought is beyond the scope of its department 5 to be able to provide, or where under such other circumstances, existing workloads within the department preclude a timely response for the request for such services . II . SCHEDULE OF FEES AND CHARGES 1 . Fees and charges shall be collected by the building official from the applicant upon issuance of the building permit and shall be collected by the building official from the applicant by either cash or check made payable to Bayport . Where building applicants submit a building permit with a cash application fee, an appropriate receipt shall be issued by Oak Park Heights to acknowledge its receipt . 2 . The valuation for permit purposes shall be determined by the building official and shall be calculated by multiplying the square foot area of the proposed structure times the building valuation factor as published annually by the building codes and standards division of the State of Minnesota Department of Administration. The building permit fee shall be those listed in the current addition of the Uniform Building Code . (Oak Park and Bayport currently utilize 1997 edition of the Uniform Building Code with modifications . ) Fees for residential and commercial plumbing, heating, sprinkling system and fire protection system shall be established on Exhibit A. ) 3 . Where work for which a permit is required has been started or proceeded with prior to obtaining said permit, special investigation shall be made before a permit may be issued for such 6 work and the investigation fee shall be equal to the amount of permit fee required by the code and shall be collected whether or not a permit is subsequently issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the code nor from any penalty prescribed by law. All such investigation fees shall remain the exclusive property of Oak Park. 4 . The fees and charges set forth on Exhibit A are exclusive of fees and charges required by the State of Minnesota for electrical permits and inspections . 5 . At the discretion of the building official, additional charges not to exceed actual expenses received may be made in instances where repeated violations of the building code and/or ordinances necessitate a number of compliance reinspections . Such charges shall be payable by the permittee prior to the issuance of the certificate of occupancy and shall remain the exclusive property of Oak Park. 6 . Oak Park and Bayport agree that the division of fees for building inspection services contained herein shall be as is set forth within Exhibit A annexed hereto and incorporated by reference herein. Oak Park shall collect all fees on behalf of Bayport for applications for building inspection services and building permits and remit them to Bayport for disbursement to the parties pursuant to the terms of this Agreement and Exhibit A. Should Oak Park building official be required to perform additional services not related to the issuance of a current 7 building permit, Oak Park shall be compensated by Bayport at the same rate as is currently established for additional inspection pursuant to the provisions of the building code . 7 . The Oak Park buildin g official shall also conduct plumbing, heating, ventilation and air conditioning inspections p ursuant to the building code within Bayport . Fees for plumbing, heating, ventilation, and air conditioning inspections as well as fire protection systems, shall be those adopted by Bayport during the term of this Contract . Bayport shall adopt by ordinance compatible regulations which are atible with those now in force within Oak g P Park affecting heating, ventilation, air conditioning and plumbing inspections . 8 . Initial payment to Oak Park by Bayport for building inspection services shall occur on a monthly basis . Fifty percent (50%) of all building inspection fees shall be allocated to the City of Oak Park pursuant to the provisions of Exhibit A, a copy of which is annexed hereto and incorporated by reference herein and shall be paid by Bayport to Oak Park in the month following the issuance of the building permit . The balance of the fees owed the City of Oak Park Heights pursuant to the provisions of Exhibit A, shall be due and payable to Oak Park by Bayport upon issuance of a certificate of occupancy or certification by the building inspector that services are complete. 9 . Fees and charges shall be collected by the building official from the City of Bayport for services provided under paragraph I . 2 . c) shall be billed at the hourly rate of $42 . 00 as 8 provided for within Table 1-A -- Building Permit Fees, as adopted within the uniform building code for the City of Oak Park Heights . The fees and charges set forth within said schedule/Table 1-A -- Building Permit Fees, as adopted by the City of Oak Park Heights within its building code are exclusive of any fees or charges as may be required by the Department of Health or other state agencies or county departments for related permits and/or inspections . All such fees as charged by the Oak Park Heights Building Department shall remain the exclusive property of the City of Oak Park Heights . III . GENERAL TERMS AND CONDITIONS The parties further agree as follows : 1 . Bayport shall not assume any liability for the direct payment of any salary, wage or other compensation to any Oak Park employee for performing building inspection services pursuant to this Agreement . 2 . Oak Park shall not assume any liability to supervise or enforce regulations of Bayport or the State affecting zoning, planning, subdivision, wetland or surface water management . Bayport shall also be solely responsible to determine compliance with regulations of the Minnesota Department of Natural Resources, the Middle St . Croix Valley Water Management Organization, Valley Branch Water Shed District, Minnesota Department of Transportation and other regulatory bodies and political subdivisions having jurisdictional authority within Bayport affecting development of 9 lands . 3 . Bayport shall assume full responsibility for providing to the city building officials for Oak Park a current and up-to-date copy of their zoning and subdivision regulations, zoning and subdivision maps, comprehensive plans, and other regulations on development adopted within Bayport . 4 . All contractors performing construction services within Bayport shall be required to provide evidences of licensing and insurance as required by City Ordinance or State law. Bayport shall confirm with Oak Park Heights all such license and insurance compliance prior to authorizing issuance of a permit to any contractor performing work within the jurisdictional limits of the City of Bayport . 5 . Bayport shall be solely responsible for direct payment of any fees or charges to the State of Minnesota or any of its subdivisions and Washington County as may be required by law affecting development and issuance of buildin g permits within its borders . o de rs . 6 . Bayport, its officers, agents and employees shall cooperate with and assist Oak Park in the orderly performance of P Y P services to be provided for herein. 7 . All applications for building permits and building inspection forms to be utilized hereunder shall be maintained at both City offices . 8 . Bayport, its officers, agents and employees shall not assume liability for any intentional or negligent act of Oak Park 10 or any of its officers, agents or employees and Oak Park herewith agrees to hold Bayport, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City of Oak Park its officers, agents and further agrees to defend Bayport, its officers, agents and employees, from any claim for damages resulting from the negligent act of Oak Park, its officers, agents or employees in performance of this Agreement . 9 . Oak Park, its officers, agents and employees shall not assume liability for any intentional or negligent act of Bayport or any of its officers, agents or employees and Bayport herewith agrees to hold Oak Park, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City of Bayport its officers, agents and further agrees to defend Oak Park, its officers, agents and employees, from any claim for damages resulting from the negligent act of Bayport, its officers, agents or employees in performance of this Agreement . 10 . Termination. This Agreement shall remain in effect unless terminated pursuant to the provisions of this Paragraph. Either party may terminate this Agreement only upon providing ninety (90) days advance written notice to the other to be mailed to the addresses set forth within Article IV herein of the respective party to receive the notice . All such notices shall be sent using registered or certified mail to the addresses specified herein. Further, each party shall notify the other of their intent to renew this Agreement for an additional year on or before October 1st of every year during which this Agreement is in force. 11 Notwithstanding an election to renew this Agreement, the provisions of Schedule A annexed hereto and incorporated by reference herein shall be negotiated separately between Bayport and Oak Park on an annual basis . 11 . It is understood this Agreement contains the entire agreement between Bayport and Oak Park and that no statement, promise or inducements have been made to any party hereto, or any officer, agent or employee of either party hereto which is not contained within this written Agreement . This Agreement may not be enlarged, modified or altered except in writing signed by the parties and endorsed herein. It is expressly understood between the parties hereto and this understanding should be considered in interpreting the provisions of this Agreement, that upon notice given by any party hereto, later negotiations may be undertaken for the purpose of revising, adding to or striking any provision or provisions of this Agreement which appear unworkable or insufficient to perfect, maintain and ensure the purpose of this Agreement, and any change to the original provisions of the Agreement mutually acceptable to both parties shall be written and attached to this Agreement as provided above and any such revision, addition or deletion shall only apply to the provision so revised, added or deleted, and the remainder of this Agreement shall remain in full force and effect . IV. EFFECTIVE AND TERMINATION DATES 1 . Effective Date . This Agreement shall be in effect as of 12 the date of its execution between the parties as set forth above . 2 . Termination. This Agreement shall terminate on December 31, 2000 unless otherwise renewed by the parties . V. ADDITIONAL PROVISIONS 1 . Arbitration. In the event of any dispute arising between the parties as it affects the interpretation, construction or application of this Agreement to the extent the same cannot be resolved by negotiation between the parties, the same shall be submitted to the American Arbitration Association for ur oses of arbitration and the cost thereof shall be equally P P born by the parties . 2 . Insurance . Each party hereto shall maintain insurance in the minimum amounts as specified by Minnesota Statute §466 . 04 . In the event of a notice of claim being filed with either party affecting or arising out of the operation of this Agreement for the provision of building inspection services to Bayport by Oak Park, copies of all notices of claim shall be provided both parties to this Agreement . 3 . Storage of Closed Files . Upon the completion of building inspection services as it affects individual projects, the City of Oak Park Heights may retain Bayport files for storage purposes for a reasonable period of time as may be determined in the discretion of the building inspector for Oak Park. All open and closed files affecting building inspection services to be rendered to Bayport pursuant to the terms and provisions of the Agreement shall remain 13 the exclusive property of Bayport and Bayport shall remain as the responsible authority to respond to request for public or private data as is otherwise specified and provided for within Minnesota Statute §13 . 01, et seq. CITY OF OAK PARK HEIGHTS By David Schaaf Its : Mayor BY: Thomas Melena Its : City Administrator CITY OF BAYPORT By Allen R. Schultz Its : Mayor BY: Kenneth H. Hartung Its : City Administrator 14 AGREEMENT FOR BUILDING INSPECTION SERVICES THIS AGREEMENT made and entered into this day of January, 2000 by and between the City of Oak Park Heights, State of Minnesota (hereinafter referred to as "Oak Park" ) , and the City of Bayport, State of Minnesota (hereinafter referred to as "Bayport" ) WITNESSETH: WHEREAS, Bayport has requested Oak Park to provide building inspection services to be performed within its boundaries; and, WHEREAS, Oak Park wishes to contract with Bayport to perform building inspection services within the Bayport' s boundaries; and, WHEREAS, such agreements are authorized by Minnesota Statute 471 . 59 . NOW, THEREFORE, IT IS MUTUALLY AGREED by and between Oak Park and Bayport as follows : I . SCOPE OF SERVICES 1 . Oak Park agrees to provide through its building inspection department, building inspection services for Bayport . The building official for Oak Park shall serve as the building official for Bayport under the terms of this Agreement . 2 . a) Except as otherwise specifically set forth herein, building inspection services shall only include those types of duties and functions customarily rendered by the building officials under law, and shall not include Services which are normally provided by the State of Minnesota such as electrical inspections and issuances of electrical permits nor shall it include such services which are normally provided by Washington County Department of Health including, but not limited to, hazard property inspection for the purposes of Minnesota Statute 463 . 15, et . seq. , nor shall it provide for septic system inspection or permit issuance therefore. b) Services to be rendered shall also not include permits to be issued for signage unless related to a building project . c) Oak Park shall provide, through its building inspection department, building inspection services for hazardous structures as provided under Minnesota Statute § 463 . 15, et . seq. , re- inspection services and building inspection services for public health and safety purposes where no new building permit is being applied for by the property owner or their designated agent, with all such services being provided pursuant to the terms of this Agreement . 3 . The standards of performance, method of providing building inspection services and other matters incident to the performance of services under this Agreement including personnel to be employed shall be determined by Oak Park. 4 . Under this Agreement Oak Park will receive all applications for building permits for all projects within Bayport as required by existing laws, codes and ordinances with such applications being received by Oak Park after they have been first reviewed by Bayport for purposes of planning, zoning, subdivision and other local code regulations and requirements . The building official for Oak Park shall examine such applications to determine compliance with the existing building code . 5 . All applications for permits which require variances, conditional use permits or other special permits under existing ordinances of Bayport shall first be resolved by Bayport prior to submission of applications for building permits to the building official . No building permit shall be issued until Bayport, the office of its administrator or otherwise has executed a consent to issuance thereon. 6 . The building official for Oak Park shall provide and issue all building permits as required by the existing building codes and shall maintain a duplicate record of all such permits and inspections related thereto. The building official of Oak Park shall on a monthly basis submit a report to Bayport as to individual building permits issued, but shall not be required to compile statistic data or otherwise submit reports on behalf of Bayport to the State of Minnesota, The Metropolitan Council or other state agencies and departments . 7 . Pursuant to this Agreement, the building official shall provide necessary plan check services as required by laws, regulations and ordinances. 8 . The building official for Oak Park shall provide all job site inspections on projects under permit as is required by existing building codes and City ordinances and such other reasonable inspections as may be deemed necessary by him or her in order to ensure compliance with the Building Code, and upon completion of each project shall issue a certificate of occupancy 3 1 for said project . 9 . The building official for Oak Park shall collect all fees for building applications and charges to be collected incident to the administration of building inspection services contained herein according to the schedule of fees and charges agreed by both parties which is annexed hereto as Exhibit A and incorporated by reference herein. All such fees as collected by the building official, shall be remitted to Bayport for disbursement pursuant to the terms of this Agreement . 10 . The building official for Oak Park shall collect all building permit surcharge fees, sewer availability charges and city fees as may be required by statute, regulation, or ordinance and shall account for and forward all such funds to Bayport . Bayport shall account for and disburse all such funds as is required by this Agreement or law. 11 . Building official for Oak Park shall not be required to attend Bayport staff planning review meetings except for preconstruction meetings on commercial projects . Bayport shall P input department,in ut from its fire de artment, police department, public v' administrator supervisors, zoning adm nistr ator and other staff members appropriate to each building permit application to the building official for Oak Park at the time that a building application is submitted to Oak Park. 12 . Building official for Oak Park shall have the exclusive authority to determine interpretations and applications of the building code to projects within Bayport . Notwithstanding the 4 forgoing, the Building Inspector shall confer with the City Administrator of Bayport before issuing any such interpretations and applications of the building code on projects within Bayport . Building official shall also have the right to issue stop orders on any project determined not to be in compliance with the terms and provisions of the building code . Enforcement of building code requirements by way of judicial action for either criminal or civil sanction shall remain the exclusive responsibility of Bayport . 13 . Building inspection services shall include heating, ventilation, air conditioning inspections as well as plumbing inspections associated with building permits to be issued on residential or commercial projects . 14 . Upon completion of all building, plumbing, heating, ventilation, and air conditioning inspections associated with any specific permit , the building official shall forward the original inspection records along with the plans as submitted by the applicant to the zoning administrator for the City of Bayport . All such original records shall remain the exclusive property of the City of Bayport . Upon completion of any project, the building official shall issue a certificate of occupancy and forward a copy thereof to the zoning administrator of Bayport . 15 . Affecting services identified in I . 2 . (c) above, Oak Park reserves the right to decline to provide such services with regard to any individual property within Bayport when, under such circumstances, the building official for Oak Park determines that the specific service sought is beyond the scope of its department 5 to be able to provide, or where under such other circumstances, existing workloads within the department preclude a timely response for the request for such services . II . SCHEDULE OF FEES AND CHARGES 1 . Fees and charges shall be collected by the building official from the applicant upon issuance of the building permit and shall be collected by the building official from the applicant by either cash or check made payable to Bayport . Where building applicants submit a building permit with a cash application fee, an appropriate receipt shall be issued by Oak Park Heights to acknowledge its receipt . 2 . The valuation for permit purposes shall be determined by the building official and shall be calculated by multiplying the g Y square foot area of the proposed structure times the building valuation factor as published annually by the building codes and standards division of the State of Minnesota Department of Administration. The building permit fee shall be those listed in the current addition of the Uniform Building Code. (Oak Park and Bayport currently utilize 1997 edition of the Uniform Building Code with modifications . ) Fees for residential and commercial plumbing, heating, sprinkling system and fire protection system shall be established on Exhibit A. ) 3 . Where work for which a P ermit is required has been started or proceeded with prior to obtaining said permit, special investigation shall be made before a permit may be issued for such 6 work and the investigation fee shall be equal to the amount of permit fee required by the code and shall be collected whether or not a permit is subsequently issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the code nor from any penalty prescribed by law. All such investigation fees shall remain the exclusive property of Oak Park. 4 . The fees and charges set forth on Exhibit A are exclusive of fees and charges required by the State of Minnesota for electrical permits and inspections . 5 . At the discretion of the building official, additional charges not to exceed actual expenses received may be made in instances where repeated violations of the building code and/or ordinances necessitate a number of compliance reinspections . Such charges shall be payable by the permittee prior to the issuance of the certificate of occupancy and shall remain the exclusive property of Oak Park. 6 . Oak Park and Bayport agree that the division of fees for building inspection services contained herein shall be as is set forth within Exhibit A annexed hereto and incorporated by reference herein. Oak Park shall collect all fees on behalf of Bayport for applications for building inspection services and building permits and remit them to Bayport for disbursement to the parties pursuant to the terms of this Agreement and Exhibit A. Should Oak Park building official be required to perform additional services not related to the issuance of a current 7 building permit, Oak Park shall be compensated by Bayport at the same rate as is currently established for additional inspection pursuant to the provisions of the building code . 7 . The Oak Park building official shall also conduct plumbing, heating, ventilation and air conditioning inspections pursuant to the building code within Bayport . Fees for plumbing, heating, ventilation, and air conditioning inspections as well as fire protection systems, shall be those adopted by Bayport during the term of this Contract . Bayport shall adopt by ordinance regulations which are compatible with those now in force within Oak Park affecting heating, ventilation, air conditioning and plumbing inspections . 8 . Initial payment to Oak Park by Bayport for building inspection services shall occur on a monthly basis . Fifty percent (50%) of all building inspection fees shall be allocated to the City of Oak Park pursuant to the provisions of Exhibit A, a copy of which is annexed hereto and incorporated by reference herein and shall be paid by Bayport to Oak Park in the month following the issuance of the building permit . The balance of the fees owed the City of Oak Park Heights pursuant to the provisions of Exhibit A, shall be due and payable to Oak Park by Bayport upon issuance of a certificate of occupancy or certification by the building inspector that services are complete . 9 . Fees and charges shall be collected by the building official from the City of Bayport for services provided under paragraph I . 2 . c) shall be billed at the hourly rate of $42 . 00 as 8 provided for within Table 1-A -- Building Permit Fees, as adopted within the uniform building code for the City of Oak Park Heights . The fees and charges set forth within said schedule/Table 1-A -- Building Permit Fees, as adopted by the City of Oak Park Heights within its building code are exclusive of any fees or charges as may be required by the Department of Health or other state agencies or county departments for related permits and/or inspections . All such fees as charged by the Oak Park Heights Building Department shall remain the exclusive property of the City of Oak Park Heights. III . GENERAL TERMS AND CONDITIONS The parties further agree as follows : 1 . Bayport shall not assume any liability for the direct payment of any salary, wage or other compensation to any Oak Park employee for performing building inspection services pursuant to this Agreement . 2 . Oak Park shall not assume any liability to supervise or enforce regulations of Bayport or the State affecting zoning, planning, subdivision, wetland or surface water management . Bayport shall also be solely responsible to determine compliance with regulations of the Minnesota Department of Natural Resources, the Middle St . Croix Valley Water Management Organization, Valley Branch Water Shed District, Minnesota Department of Transportation and other regulatory bodies and political subdivisions having jurisdictional authority within Bayport affecting development of 9 lands . 3 . Bayport shall assume full responsibility for providing to the city building officials for Oak Park a current and up-to-date copy of their zoning and subdivision regulations, zoning and subdivision maps, comprehensive plans, and other regulations on development adopted within Bayport . 4 . All contractors performing construction services within Bayport shall be required to provide evidences of licensing and insurance as required by City Ordinance or State law. Bayport shall confirm with Oak Park Heights all such license and insurance compliance prior to authorizing issuance of a permit to any contractor performing work within the jurisdictional limits of the City of Bayport . 5 . Bayport shall be solely responsible for direct payment of any fees or charges to the State of Minnesota or any of its subdivisions and Washington County as may be required by law affecting development and issuance of building permits within its borders . 6 . Bayport, its officers, agents and employees shall cooperate with and assist Oak Park in the orderly performance of services to be provided for herein. 7 . All applications for building permits and building inspection forms to be utilized hereunder shall be maintained at both City offices . 8 . Bayport, its officers, agents and employees shall not assume liability for any intentional or negligent act of Oak Park 10 or any of its officers, agents or employees and Oak Park herewith agrees to hold Bayport, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City of Oak Park its officers, agents and further agrees to defend Bayport, its officers, agents and employees, from any claim for damages resulting from the negligent act of Oak Park, its officers, agents or employees in performance of this Agreement . 9 . Oak Park, its officers, agents and employees shall not assume liability for any intentional or negligent act of Bayport or any of its officers, agents or employees and Bayport herewith agrees to hold Oak Park, its officers , agents and employees harmless from any intentional or negligent act of any employee of the City of Bayport its officers, agents and further agrees to defend Oak Park, its officers, agents and employees, from any claim for damages resulting from the negligent act of Bayport, its officers, agents or employees in performance of this Agreement . 10 . Termination. This Agreement shall remain in effect unless terminated pursuant to the provisions of this Paragraph. Either party may terminate this Agreement only upon providing ninety (90) days advance written notice to the other to be mailed to the addresses set forth within Article IV herein of the respective party to receive the notice . All such notices shall be sent using registered or certified mail to the addresses specified herein. Further, each party shall notify the other of their intent to renew this Agreement for an additional year on or before October 1st of every year during which this Agreement is in force . 11 III , Notwithstanding an election to renew this Agreement, the p rovisions of Schedule A annexed hereto and incorporated by reference herein shall be negotiated separately between Bayport and Oak Park on an annual basis . 11 . It is understood this Agreement contains the entire agreement between Bayport and Oak Park and that no statement, promise or inducements have been made to any party hereto, or any officer, agent or employee of either party hereto which is not II contained within this written Agreement . This Agreement may not be enlarged, modified or altered except in writing signed by the parties and endorsed herein. It is expressly understood between the parties hereto and this understanding should be considered in interpreting the provisions of this Agreement, that upon notice given by any party hereto, later negotiations may be undertaken for the purpose of revising, adding to or striking any provision or provisions of this Agreement which appear� g PP ear unworkable or insufficient to perfect, maintain and ensure the purpose of this Agreement, and any change to the original provisions of the Agreement mutually acceptable to both parties shall be written and attached to this Agreement as provided above and any such revision, addition or deletion shall only apply to the provision so revised, added or deleted, and the remainder of this Agreement shall remain in full force and effect . IV. EFFECTIVE AND TERMINATION DATES 1 . Effective Date . This Agreement shall be in effect as of 12 the date of its execution between the parties as set forth above . 2 . Termination. This Agreement shall terminate on December 31, 2000 unless otherwise renewed by the parties . V. ADDITIONAL PROVISIONS 1 . Arbitration. In the event of any dispute arising between the parties as it affects the interpretation, construction or application of this Agreement to the extent the same cannot be resolved by negotiation between the parties, the same shall be submitted to the American Arbitration Association for purposes of arbitration and the cost thereof shall be equally born by the parties . 2 . Insurance. Each party hereto shall maintain insurance in the minimum amounts as specified by Minnesota Statute §466 . 04 . In the event of a notice of claim being filed with either party affecting or arising out of the operation of this Agreement for the provision of building inspection services to Bayport by Oak Park, copies of all notices of claim shall be provided both parties to this Agreement . 3 . Storage of Closed Files. Upon the completion of building inspection services as it affects individual projects, the City of Oak Park Heights may retain Bayport files for storage purposes for a reasonable period of time as may be determined in the discretion of the building inspector for Oak Park. All open and closed files affecting building inspection services to be rendered to Bayport pursuant to the terms and provisions of the Agreement shall remain 13 the exclusive property of Bayport and Bayport shall remain as the responsible authority to respond to request for public or private data as is otherwise specified and provided for within Minnesota Statute §13 . 01, et seq. CITY OF OAK PARK HEIGHTS By David Schaaf Its : Mayor BY: Thomas Melena Its : City Administrator CITY OF BAYPORT By Allen R. Schultz Its : Mayor BY: Kenneth H. Hartung Its : City Administrator 14 AGREEMENT FOR BUILDING INSPECTION SERVICES THIS AGREEMENT made and entered into this 7 day of January, 1999 by and between the City of Oak Park Heights, State of Minnesota(hereinafter referred to as"Oak Park"), and the City of Bayport, State of Minnesota(hereinafter referred to as "Bayport") WITNESSETH: WHEREAS, Bayport has requested Oak Park to provide building inspection services to be performed within its boundaries;and, WHEREAS, Oak Park wishes to contract with Bayport to perform building inspection services within the Bayport's boundaries;and, WHEREAS,such agreements are authorized by Minnesota Statute 471.59. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between Oak Park and Bayport as follows: I. SCOPE OF SERVICES 1. Oak Park agrees to provide through its building inspection department,building inspection services for Bayport. The building official for Oak Park shall serve as the building official for Bayport under the terms of this Agreement. 2. a) Except as otherwise specifically set forth herein, building inspection services shall only include those types of duties and functions customarily rendered by the building officials under law, and shall not include Services which are normally provided by the State of Minnesota such as electrical inspections and issuances of electrical permits nor shall it include such services which are normally provided by Washington County Department of Health including, but not limited to, hazard property inspection for the purposes of Minnesota Statute 463.15, et. seq. , nor shall it provide for septic system inspection or permit issuance therefore. b) Services to be rendered shall also not include permits to be issued for signage unless related to a . • building project. c) Oak Park shall provide,through its building inspection department, building inspection services for hazardous structures as provided under Minnesota Statute § 463.15, et. seq., re-inspection services and building inspection services for public health and safety purposes where no new building permit is being applied for by the property owner or their designated agent, with all such services being provided pursuant to the terms of this Agreement. 3. The standards of performance, method of providing building inspection services and other matters incident to the performance of services under this Agreement including personnel to be employed shall be determined by Oak Park. 4. Under this Agreement Oak Park will receive all applications for building permits for all projects within Bayport as required by existing laws, codes and ordinances with such applications being received by Oak Park after they have been first reviewed by Bayport for purposes of planning, zoning, subdivision and other local code regulations and requirements. The building official for Oak Park shall examine such applications to determine compliance with the existing building code. 5. All applications for permits which require variances, conditional use permits or other special permits under existing ordinances of Bayport shall first be resolved by Bayport prior to submission of applications for building permits to the building official. No building permit shall be issued until Bayport, the office of its administrator or otherwise has executed a consent to issuance thereon. 6. The building official for Oak Park shall provide and issue all building permits as required by the existing building codes and shall maintain a duplicate record of all such permits and inspections related thereto. The building official of Oak Park shall on a monthly basis submit a report to Bayport as to individual building permits issued,but shall not be required to compile statistic data or otherwise submit reports on behalf of Bayport to the State of Minnesota, The Metropolitan Council or other state agencies and departments. 7. Pursuant to this Agreement,the building official shall provide necessary plan check services as • required by laws,regulations and ordinances. 8. The building official for Oak Park shall provide all job site inspections on projects under permit as is required by existing building codes and City ordinances and such other reasonable inspections as may be deemed necessary by him or her in order to ensure compliance with the Building Code, and upon completion of each project shall issue a certificate of occupancy for said project. 9. The building official for Oak Park shall collect all fees for building applications and charges to be collected incident to the administration of building inspection services contained herein according to the schedule of fees and charges agreed by both parties which is annexed hereto as Exhibit A and incorporated by reference herein. All such fees as collected by the building official, shall be remitted to Bayport for disbursement pursuant to the terms of this Agreement. 10. The building official for Oak Park shall collect all building permit surcharge fees, sewer availability charges and city fees as may be required by statute, regulation, or ordinance and shall account for and forward all such funds to Bayport. Bayport shall account for and disburse all such funds as is required by this Agreement or law. 11. Building official for Oak Park shall not be required to attend Bayport staff planning review meetings except for preconstruction meetings on commercial projects. Bayport shall provide input from its fire department, police department,public works supervisors,zoning administrator and other staff members appropriate to each building permit application to the building official for Oak Park at the time that a building application is submitted to Oak Park. 12. Building official for Oak Park shall have the exclusive authority to determine interpretations and • applications of the building code to projects within Bayport. Notwithstanding the forgoing, the Building Inspector shall confer with the City Administrator of Bayport before issuing any such interpretations and applications of the building code on projects within Bayport. Building official shall also have the right to issue stop orders on any project determined not to be in compliance with the terms and provisions of the 3 • building code. Enforcement of building code requirements by way of judicial action for either criminal or civil sanction shall remain the exclusive responsibility of Bayport. 13. Building inspection services shall include heating,ventilation, air conditioning inspections as well as plumbing inspections associated with building permits to be issued on residential or commercial projects. 14. Upon completion of all building, plumbing, heating, ventilation, and air conditioning inspections associated with any specific permit,the building official shall forward the original inspection records along with the plans as submitted by the applicant to the zoning administrator for the City of Bayport. All such original records shall remain the exclusive property of the City of Bayport. Upon completion of any project,the building official shall issue a certificate of occupancy and forward a copy thereof to the zoning administrator of Bayport. 15. Affecting services identified in I.2.(c) above, Oak Park reserves the right to decline to provide such services with regard to any individual property within Bayport when, under such circumstances, the building official for Oak Park determines that the specific service sought is beyond the scope of its department to be able to provide, or where under such other circumstances, existing workloads within the department preclude a timely response for the request for such services. II. SCHEDULE OF FEES AND CHARGES 1. Fees and charges shall be collected by the building official from the applicant upon issuance of the building permit and shall be collected by the building official from the applicant by either cash or check made payable to Bayport. Where building applicants submit a building permit with a cash application fee, an appropriate receipt shall be issued by Oak Park Heights to acknowledge its receipt. 2. The valuation for permit purposes shall be determined by the building official and shall be calculated by multiplying the square foot area of the proposed structure times the building valuation factor as published annually by the building codes and standards division of the State of Minnesota Department of 4 S Administration. The building permit fee shall be those listed in the current addition of the Uniform Building Code. (Oak Park and Bayport currently utilize 1997 edition of the Uniform Building Code with modifications.) Fees for residential and commercial plumbing, heating, sprinkling system and fire protection system shall be established on Exhibit A.) 3. Where work for which a permit is required has been started or proceeded with prior to obtaining said permit, special investigation shall be made before a permit may be issued for such work and the investigation fee shall be equal to the amount of permit fee required by the code and shall be collected whether or not a permit is subsequently issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the code nor from any penalty prescribed by law. All such investigation fees shall remain the exclusive property of Oak Park. 4. The fees and charges set forth on Exhibit A are exclusive of fees and charges required by the State of Minnesota for electrical permits and inspections. 5. At the discretion of the building official, additional charges not to exceed actual expenses received may be made in instances where repeated violations of the building code and/or ordinances necessitate a number of compliance reinspections. Such charges shall be payable by the permittee prior to the issuance of the certificate of occupancy and shall remain the exclusive property of Oak Park. 6. Oak Park and Bayport agree that the division of fees for building inspection services contained herein shall be as is set forth within Exhibit A annexed hereto and incorporated by reference herein. Oak Park shall collect all fees on behalf of Bayport for applications for building inspection services and building permits and remit them to Bayport for disbursement to the parties pursuant to the terms of this Agreement and Exhibit A. Should Oak Park building official be required to perform additional services not related to the issuance of a current building permit, Oak Park shall be compensated by Bayport at the same rate as is currently established for additional inspection pursuant to the provisions of the building code. 5 • • 7. The Oak Park building official shall also conduct plumbing, heating, ventilation and air conditioning inspections pursuant to the building code within Bayport. Fees for plumbing, heating, ventilation, and air conditioning inspections as well as fire protection systems, shall be those adopted by Bayport during the term of this Contract. Bayport shall adopt by ordinance regulations which are compatible with those now in force within Oak Park affecting heating, ventilation, air conditioning and plumbing inspections. 8. Initial payment to Oak Park by Bayport for building inspection services shall occur on a monthly basis. Fifty percent(50%)of all building inspection fees shall be allocated to the City of Oak Park pursuant to the provisions of Exhibit A, a copy of which is annexed hereto and incorporated by reference herein and shall be paid by Bayport to Oak Park in the month following the issuance of the building permit. The balance of the fees owed the City of Oak Park Heights pursuant to the provisions of Exhibit A, shall be due and payable to Oak Park by Bayport upon issuance of a certificate of occupancy or certification by the building inspector that services are complete. 9. Fees and charges shall be collected by the building official from the City of Bayport for services provided under paragraph I.2.c)shall be billed at the hourly rate of$42.00 as provided for within Table 1-A --Building Permit Fees,as adopted within the uniform building code for the City of Oak Park Heights. The fees and charges set forth within said schedule/Table 1-A -- Building Permit Fees, as adopted by the City of Oak Park Heights within its building code are exclusive of any fees or charges as may be required by the Department of Health or other state agencies or county departments for related permits and/or inspections. All such fees as charged by the Oak Park Heights Building Department shall remain the exclusive property of the City of Oak Park Heights. III. GENERAL TERMS AND CONDITIONS The parties further agree as follows: 6 • 1. Bayport shall not assume any liability for the direct payment of any salary, wage or other compensation to any Oak Park employee for performing building inspection services pursuant to this Agreement. 2. Oak Park shall not assume any liability to supervise or enforce regulations of Bayport or the State affecting zoning,planning, subdivision,wetland or surface water management. Bayport shall also be solely responsible to determine compliance with regulations of the Minnesota Department of Natural Resources, the Middle St. Croix Valley Water Management Organization, Valley Branch Water Shed District, Minnesota Department of Transportation and other regulatory bodies and political subdivisions having jurisdictional authority within Bayport affecting development of lands. 3. Bayport shall assume full responsibility for providing to the city building officials for Oak Park a current and up-to-date copy of their zoning and subdivision regulations, zoning and subdivision maps, comprehensive plans,and other regulations on development adopted within Bayport. 4. All contractors performing construction services within Bayport shall be required to provide evidences of licensing and insurance as required by City Ordinance or State law. Bayport shall confirm with Oak Park Heights all such license and insurance compliance prior to authorizing issuance of a permit to any contractor performing work within the jurisdictional limits of the City of Bayport. 5. Bayport shall be solely responsible for direct payment of any fees or charges to the State of Minnesota or any of its subdivisions and Washington County as may be required by law affecting development and issuance of building permits within its borders. 6. Bayport, its officers, agents and employees shall cooperate with and assist Oak Park in the orderly performance of services to be provided for herein. 7. All applications for building permits and building inspection forms to be utilized hereunder shall be maintained at both City offices. 8. Bayport, its officers, agents and employees shall not assume liability for any intentional or 7 4111 410 negligent act of Oak Park or any of its officers, agents or employees and Oak Park herewith agrees to hold Bayport, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City of Oak Park its officers, agents and further agrees to defend Bayport, its officers, agents and employees,from any claim for damages resulting from the negligent act of Oak Park, its officers, agents or employees in performance of this Agreement. 9. Oak Park, its officers, agents and employees shall not assume liability for any intentional or negligent act of Bayport or any of its officers, agents or employees and Bayport herewith agrees to hold Oak Park, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City of Bayport its officers, agents and further agrees to defend Oak Park, its officers, agents and employees, from any claim for damages resulting from the negligent act of Bayport, its officers, agents or employees in performance of this Agreement. 10. Termination. This Agreement shall remain in effect unless terminated pursuant to the provisions of this Paragraph. Either party may terminate this Agreement only upon providing ninety (90) days advance written notice to the other to be mailed to the addresses set forth within Article IV herein of the respective party to receive the notice. All such notices shall be sent using registered or certified mail to the addresses specified herein. Further,each party shall notify the other of their intent to renew this Agreement for an additional year on or before October 1st of every year during which this Agreement is in force. Notwithstanding an election to renew this Agreement, the provisions of Schedule A annexed hereto and incorporated by reference herein shall be negotiated separately between Bayport and Oak Park on an annual basis. 11. It is understood this Agreement contains the entire agreement between Bayport and Oak Park and that no statement, promise or inducements have been made to any party hereto, or any officer, agent or employee of either party hereto which is not contained within this written Agreement. This Agreement may not be enlarged, modified or altered except in writing signed by the parties and endorsed herein. It is 8 • S expressly understood between the parties hereto and this understanding should be considered in interpreting the provisions of this Agreement, that upon notice given by any party hereto, later negotiations may be undertaken for the purpose of revising, adding to or striking any provision or provisions of this Agreement which appear unworkable or insufficient to perfect,maintain and ensure the purpose of this Agreement, and any change to the original provisions of the Agreement mutually acceptable to both parties shall be written and attached to this Agreement as provided above and any such revision, addition or deletion shall only apply to the provision so revised, added or deleted,and the remainder of this Agreement shall remain in full force and effect. IV. EFFECTIVE AND TERMINATION DATES 1. Effective Date. This Agreement shall be in effect as of the date of its execution between the parties as set forth above. 2. Termination. This Agreement shall terminate on December 31, 1999 unless otherwise renewed by the parties. V. ADDITIONAL PROVISIONS 1. Arbitration. In the event of any dispute arising between the parties as it affects the interpretation, construction or application of this Agreement to the extent the same cannot be resolved by negotiation between the parties,the same shall be submitted to the American Arbitration Association for purposes of arbitration and the cost thereof shall be equally born by the parties. 2. Insurance. Each party hereto shall maintain insurance in the minimum amounts as specified by Minnesota Statute§466.04.In the event of a notice of claim being filed with either party affecting or arising out of the operation of this Agreement for the provision of building inspection services to Bayport by Oak Park,copies of all notices of claim shall be provided both parties to this Agreement. 9 • S 3. Storage of Closed Files. Upon the completion of building inspection services as it affects individual projects, the City of Oak Park Heights may retain Bayport files for storage purposes for a reasonable period of time as may be determined in the discretion of the building inspector for Oak Park. All open and closed files affecting building inspection services to be rendered to Bayport pursuant to the terms and provisions of the Agreement shall remain the exclusive property of Bayport and Bayport shall remain as the responsible authority to respond to request for public or private data as is otherwise specified and provided for within Minnesota Statute§13.01,et seq. CITY OF OAK PARK HEIGHTS BY: Aalcir- David Schaaf Its:Mayor BY: 4 \INC\ V\t�'L=�. Thomas Melena Its: City Administrator CITY OF BAYPORT BY: ..�6- /"l . /a— Allen R. Schultz Its: M. fa- / / i 9 9 : . .f eth H.H. ng ity Administrator 10