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HomeMy WebLinkAboutUntitled (5) AGREEMENT FOR FIRE CODE AND INSPECTION SERVICES THIS AGREEMENT made and entered into this 6th day of August, 2002,by and between the City of Oak Park Heights 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, Oak Park Heights has requested Bayport to provide fire code and inspection services to be performed within its boundaries; and, WHEREAS, Oak Park Heights wishes to contract with Bayport to perform fire code and inspection services within the Oak Park Heights'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: I. SCOPE OF SERVICES 1. Bayport agrees to provide fire code and inspection services for Oak Park Heights. The Fire Code official for Bayport shall serve as the fire code official for Oak Park Heights under the terms of this Agreement. 2. Except as otherwise specifically set forth herein, fire code services shall only include those types of duties and functions customarily rendered by the fire inspection officials under law, and shall not include services which are normally provided by the State of Minnesota nor shall it include such services which are normally provided by Washington County Department 1 of Health including, but not limited to, hazard property inspection for the purposes of Minnesota Statute 463.15, et. Seq. in inspection p r vi ervic 3. The standards of performance, method of providing g s services and other e matters incident to the performance of services under this Agreement including personnel to be employed shall be determined by Bayport. 4. Under this Agreement Bayport shall receive all applications for services for all projects within Oak Park Heights as required by existing laws, codes and ordinances with such applications being received by Bayport after they have been first reviewed by Oak Park Heights. The Building Official for Oak Park Heights shall examine such applications to determine compliance with existing codes. 5. Pursuant to this Agreement,the fire code official shall provide necessary plan check services as required by laws,regulations and ordinances for fire suppression systems. 6. The Building Official for Oak Park Heights shall collect all fees for applications c and charges to be collected incident to the administration of fire 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 reported to Bayport and disbursements shall be made by Oak Park Heights pursuant to the terms of this Agreement_The Building Official and Oak Park Heights staff shall also perform the rough in inspection,pressure test the water lines, and share in the plan check review of the applicant's plans along with performing the administrative tasks associated with this agreement. Copies of all correspondence shall be provided to the fire code official. 2 7. The fire code official for Bayport shall not be required to attend Oak Park Height's staff planning review meetings except t as may be requested for construction meetings on commercial/industrial projects. The fire code official will provide written comments on building projects for site plan review meetings as requested by Oak Park Heights. 8. The fire code official for Bayport shall have the exclusive authority to determine interpretations and applications of the fire codes to projects within Oak Park Heights. Notwithstanding the forgoing, the fire inspector shall confer with the Building Official of Oak Park Heights before issuing any such interpretations and applications of the fire code on projects within Oak Park Heights. Enforcement of fire code requirements by way of judicial action for either criminal or civil sanction shall remain the exclusive responsibility of Oak Park Heights. 9. Inspection services shall include evaluations of fire suppression systems for commercial, industrial and multiple family building projects, plan review, final inspections and alarm system monitoring. 10. 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 the exclusive property of the City of Oak Park Heights. 11. Affecting services identified within this agreement, Bayport reserves the right to decline to provide such services with regard to any individual property within Oak Park Heights when, under such circumstances,the fire inspection official for Bayport determines that the specific service sought is beyond the scope of its department to be able to provide, or where under such 3 other circumstances, existing workloads within the department preclude a timely response for the request for such services. 12. Fees for fire suppression, sprinkling system and fire protection system shall be established in Exhibit A. The fees and charges set forth on Exhibit A are exclusive of other fees and charges as may be required by the State of Minnesota. 13. At the discretion of the fire code official, additional charges not to exceed actual expenses incurred may be billed in instances where repeated violations of the fire code and/or ordinances necessitate a number of compliance reinspections. Such charges shall be payable by the permittee prior to the issuance of final permits or certificates of occupancy and shall remain the exclusive property of Bayport. 14. Oak Park Heights and Bayport agree that the division of fees for fire code 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 itself for applications for fire inspection services and building permits and report them to Bayport and make disbursement to the parties pursuant to the terms of this Agreement and Exhibit A. Should Bayport fire official be required to perform additional services not related to the issuance of a current permits, Bayport shall be compensated by Oak Park Heights at the same rate as is currently established for additional inspection services pursuant to the provisions of the fire code. 15. Oak Park Heights shall adopt by ordinance regulations which are compatible with those now in force within Bayport affecting fire suppression systems for commercial, industrial and multiple family properties. 4 16. Initial payment to Bayport by Oak Park Heights for fire code services shall occur on a monthly basis in the amounts established in Exhibit A. IlI. GENERAL TERMS AND CONDITIONS The parties further agree as follows: 1. Oak Park Heights shall not assume any liability for the direct payment of any salary, wage or other compensation to any Bayport employee for performing fire code inspection services pursuant to this Agreement. 2. Oak Park Heights 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 review and issuance of fire inspection permits within its borders. 3. All applications for fire code permits and inspection forms to be utilized hereunder shall be maintained at both City offices. 4. 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 from the negligent act of Oak Park Heights, its officers, agents or employees in performance of this Agreement. 5. 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 5 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. 6. 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. 7. 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 to both parties shall be written and 6 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 January 1, 2002. 2. Termination. This Agreement shall continue in full force and effect between the parties until terminated pursuant to the provisions of paragraph 6 of Section III hereof. 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 7 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 Oak Park Heights pursuant to the terms and provisions of the Agreement shall remain the exclusive property of Oak Park Heights and Oak Park Heights 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 •F O . ' )_: HEIGH B .� / D• • :eaude Its: Mayor By:C> Kimberly K. per Its: Acting City Administrator CITY OF BAYPORT By es Kosmo Its: Mayor B Y: / - Daniel Johanne City Administrator 8 EXHIBIT A Plan Check and Inspection Fee schedule Fifty Percent of all revenues for fire inspections shall be allocated to each community for the fire inspections services provided for herein. Initial payment to Bayport for fire inspection services shall occur on a monthly basis. Should there be any balance due Bayport following the initial payment the same shall be paid by Oak Park Heights to Bayport in the month following issuance of the fire inspection permit or certification by the Building Official that the services are complete. The fire inspection fees are established by the Uniform Building Code as adopted by the City of Oak Park Heights. Fees are based on the valuation of the fire suppression portion of the project and will follow the state code as adopted by the City. 9 AGREEMENT FOR FIRE CODE AND INSPECTION SERVICES THIS AGREEMENT made and entered into this 6th day of August, 2002, by and between the City of Oak Park Heights 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, Oak Park Heights has requested Bayport to provide fire code and inspection services to be performed within its boundaries; and, WHEREAS, Oak Park Heights wishes to contract with Bayport to perform fire code and inspection services within the Oak Park Heights's boundaries; and, WHEREAS,such agreements are authorized by Minnesota Statute 471.59. b'�' Y Y AGREED by and between Oak Park Heights NOW,THEREFORE,IT IS MUTUALL AG y g and Bayport as follows: I. SCOPE OF SERVICES 1. Bayport agrees to provide fire code and inspection services for Oak Park Heights. The Fire Code official for Bayport shall serve as the fire code official for Oak Park Heights under the terms of this Agreement. 2. Except as otherwise specifically set forth herein, fire code services shall only include those types of duties and functions customarily rendered by the fire inspection officials under law, and shall not include services which are normally provided by the State of Minnesota nor shall it include such services which are normally provided by Washington County Department 1 J of Health including, but not limited to, hazard property inspection for the purposes of Minnesota Statute 463.15, et. Seq. 3. The standards of performance, method of providing inspection services and other matters incident to the performance of services under this Agreement including personnel to be employed shall be determined by Bayport. 4. Under this Agreement Bayport shall receive all applications for services for all projects within Oak Park Heights as required by existing laws, codes and ordinances with such applications being received by Bayport after they have been first reviewed by Oak Park Heights. The Building Official for Oak Park Heights shall examine such applications to determine compliance with existing codes. 5. Pursuant to this Agreement, the fire code official shall provide necessary plan check services as required by laws,regulations and ordinances for fire suppression systems. 6. The Building Official for Oak Park Heights shall collect all fees for applications and charges to be collected incident to the administration of fire 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 reported to Bayport and disbursements shall be made by Oak Park Heights pursuant to the terms of this Agreement_ The Building Official and Oak Park Heights staff shall also perform the rough in inspection,pressure test the water lines, and share in the plan check review of the applicant's plans along with performing the administrative tasks associated with this agreement. Copies of all correspondence shall be provided to the fire code official. 2 7. The fire code official for Bayport shall not be required to attend Oak Park Height's staff planning review meetings except as may be requested for construction meetings on commercial/industrial projects. The fire code official will provide written comments on building projects for site plan review meetings as requested by Oak Park Heights. 8. The fire code official for Bayport shall have the exclusive authority to determine interpretations and applications of the fire codes to projects within Oak Park Heights. Notwithstanding the forgoing, the fire inspector shall confer with the Building Official of Oak Park Heights before issuing any such interpretations and applications of the fire code on projects within Oak Park Heights. Enforcement of fire code requirements by way of judicial action for either criminal or civil sanction shall remain the exclusive responsibility of Oak Park Heights. 9. Inspection services shall include evaluations of fire suppression systems for commercial, industrial and multiple family building projects, plan review, final inspections and alarm system monitoring. 10. 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 the exclusive property of the City of Oak Park Heights. 11. Affecting services identified within this agreement, Bayport reserves the right to decline to provide such services with regard to any individual property within Oak Park Heights when, under such circumstances, the fire inspection official for Bayport determines that the specific service sought is beyond the scope of its department to be able to provide, or where under such 3 other circumstances, existing workloads within the department preclude a timely response for the request for such services. 12. Fees for fire suppression, sprinkling system and fire protection system shall be established in Exhibit A. The fees and charges set forth on Exhibit A are exclusive of other fees and charges as may be required by the State of Minnesota. 13. At the discretion of the fire code official, additional charges not to exceed actual expenses incurred may be billed in instances where repeated violations of the fire code and/or ordinances necessitate a number of compliance reinspections. Such charges shall be payable by the permittee prior to the issuance of final permits or certificates of occupancy and shall remain the exclusive property y of Bayport. 14. Oak Park Heights and Bayport agree that the division of fees for fire code 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 itself for applications for fire inspection services and building permits and report them to Bayport and make disbursement to the parties pursuant to the terms of this Agreement and Exhibit A. Should perform Bayport fire official be required to erform additional services not related to the issuance of a current permits, Bayport shall be compensated by Oak Park Heights at the same rate as is currently established for additional inspection services pursuant to the provisions of the fire code. 15. Oak Park Heights shall adopt by ordinance regulations which are compatible with those now in force within Bayport affecting fire suppression systems for commercial, industrial and multiple family properties. 4 16. Initial payment to Bayport by Oak Park Heights for fire code services shall occur on a monthly basis in the amounts established in Exhibit A. III. GENERAL TERMS AND CONDITIONS The parties further agree as follows: 1. Oak Park Heights shall not assume any liability for the direct payment of any salary, wage or other compensation to any Bayport employee for performing fire code inspection services pursuant to this Agreement. 2. Oak Park Heights 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 review and issuance of fire inspection permits within its borders. 3. All applications for fire code permits and inspection forms to be utilized hereunder shall be maintained at both City offices. 4. 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 from the negligent act of Oak Park Heights, its officers, agents or employees in performance of this Agreement. 5. 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 5 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. 6. 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. 7. 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 to both parties shall be written and 6 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 January 1, 2002. 2. Termination. This Agreement shall continue in full force and effect between the parties until terminated pursuant to the provisions of paragraph 6 of Section III hereof. 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 7 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 Oak Park Heights pursuant to the terms and provisions of the Agreement shall remain the exclusive property of Oak Park Heights and Oak Park Heights 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 • 4W r HEIG By itarkti David Beau.e Its: Mayor By: Kimberly Kamper Its: Acting City Administrator CITY OF BAYPORT By • %.,.. �s Kosmo Its: Mayor By: . - y1_ - Daniel Johann: Its: City Admin trator 8 EXHIBIT A Plan Check and Inspection Fee schedule Fifty Percent of all revenues for fire inspections shall be allocated to each community for the fire inspections services provided for herein. Initial payment to Bayport for fire inspection services shall occur on a monthly basis. Should there be any balance due Bayport following the initial payment the same shall be paid by Oak Park Heights to Bayport in the month following issuance of the fire inspection permit or certification by the Building Official that the services are complete. The fire inspection fees are established by the Uniform Building Code as adopted by the City of Oak Park Heights. Fees are based on the valuation of the fire suppression portion of the project and will follow the state code as adopted by the City. 9 cITY OF OAK PARK HEIGHTS - 14168 Oak Park Boulevard No. • P.O.Box 2007,• Oak Park Heights MN 55082-2007 • Phone:651/4394439 •Fax:651/439-0574 August 15,2002 Dan Johanneck City of Bayport 294 North 3 Street Bayport,MN 55003-1027 • Dear Mr. Johanneck, I am pleased to inform you that the Oak Park Heights City Council approved the Agreement for Fire Code and Inspection Services at its August 14,2002 meeting. I have enclosed two signed originals for your files. The City of Oak Park Heights looks forward to working with the City of Bayport on fire code and inspection services. Sincerely, _ / Kimberly Kamper o Acting City Administrator i ! � 1 a c N Tree City U.S.A. JUN-27-2002 THU 01 : 16 PM P. 01 City of Bayport Fax Date: June 27, 2002 To: Kim Kamper- Oak Park heights Administrator Fax#439-0574 From: Dan Johanneck- City Administrator Fax#439-7188 Phone#439-2530 RE: Fire Inspection Services -Plan Review& Inspection Fees Kim, Please find attached a possible alternative Exhibit A for the agreement. I just do not think that we should be charging fees so much in excess of the actual cost to provide the service. This schedule should cover our costs for the inspector. Judging by the language this is simply a pass through for your organization anyway. This is just a suggestion. I will copy Jim Butler and we will discuss this at the meeting on July 8`" Thanks, Dan JUN-27-2002 THU 01 : 16 PM P. 02 Exhibit A Fire Inspection Service - Plan Check and Inspection Fee Schedule A fee as established by the schedule listed below shall be charged for fire inspection fees. All fire inspection fees shall be allocated to the City of Bayport pursuant to the provisions of this agreement and shall be paid by ad ark to Bayport in the month following the issuance of the permit. The balance of any fees owed to the City of Bayport pursuant to the provisions hereof, shall be due and payable to Bayport by Oak Park upon certification by the Building Official that services are complete. Rate Per $1000 (or portion thereof) Base Fee of Construction Project $75.00 $1.00 / Thousand Example: Project= $2,000 $75.00+$1.00 x 2 = $77.00 Example: Project= $50,000 $75.00+$1.00 x 50 = $125.00 City of Oak Park Heights Memo July 25,2002 To: Kxis Danielson, Community Development Director Kimberly Kamper, Acting Administrator From: Judy Holst,Deputy Clerk/Finance Director Re: Agreement for Fire Code and Inspection Services After reviewing the fee schedule and the billing for 2001 for fire code and inspection services with the City of Bayport, it is very apparent Oak Park Heights is not retaining enough of the permit fees to cover our cost for the services our Building Inspector is performing. The 2001 Agreement for Fire Code and Inspection Services provides for fees to Bayport for this service at a minimum of$75.00 or 2%of the estimated cost of construction of the fire suppression system as proposed by the permit applicant. The amount the City of Oak Park Heights charges for fire protection permits is a minimum of$75.00 or 1.5%of the contract plus .5%for plan review if ' needed. This can and does result in Bayport fees being higher than the amount Oak Park Heights is collecting from the applicant for permits. EXAMPLE 5329 Osgood Ave.N. Valuation$214,800 2%- $200.00 Permit Fee -$181.06 For 2001,the City collected$7,557.67 in permit fees,which includes plan check fees. We paid Bayport$7,099.00 for services. I think you will agree the current fee schedule does not cover the inspections and administration costs of our City Building Inspector. It is my understanding our Building Inspector is performing the rough in of the piping and location of heads, the administration end of the permitting and the pressure testing and Oak Park Heights and Bayport are performing joint plan checks. Bayport is performing final inspections, system monitoring and alarm checks and the joint plan checks. I would suggest the permit and plan check fees be split 50/50 since the inspections,plan checks, etc. appear to be split 50/50. Attached is the schedule of fire inspections from 8-31-01 thru 12-31-01 for your reference. 41 "Zr o VD 0 0 00 VD h VD t3 M �-+ VON4nMr-+ NO VD O: OMN <f <- 0oNv [� •-r '-+ ■.O O 00 00 ON '.D 00 h O 0 M \O .-+ 69 69 M .-+ .-' 0 E..., M 69 69 b9 69 69 69 0 0 �O O v1 N O N O �,, O �n \D OO N O h 00 00 VD M d' c.i — — ,--i '.p r-: 4 e- N EA 69646969b969 .�-■ 69 V] OO1 N '-+ 0 O '-+ '-+ O 01 vn00vONOONNO VD W Net O_ MCOO <t' MO o0 s64 a n 4' — b9 In U 69 44 V) +/') h vn v) v) in vl V1 h 00NNN NNNNN M M `DOhMMhC; .-, O� O h h 01 00 00 M 01 00 M NW h69 + 696964 N64 � M bN4 O .r O O M 0 0 0 0 0 0 M v7 OOVn0000000 M 4+ h OO '.DN In In 0: In N 00 N o0 0 h h h VD h C\ VD C•1 C a el,re 48 44 69 N 6r4 '-+ M � Cl .-a c*i 6R 69 r+l 64 64 44 O - 0 0 0 0 0 0 0 0 0 O O 0 OOv, 000000 4 V) 0010000000 �o 00N000in04 '--4 0 O O M 10 V1 .-+ <t ■0 v0 N '.0 O InenNNMMOi kri ►..{ I <' 'D 69 69 49 r-+ 69 69 .-4 ES rQ� 69 69 64 Men W 4 aa, aa, az CU .z ' g 4=1 XI ..O 4:1 ,..0 ,---4 a '� A ZZZZZ O o . O O O 0 O E Q E q 0100100 N N ���?{ 41 1D 47 1a 10 '"' N N vl N Vl N v7 N N N N N N N N N m HO O 0 0 0 0 0 0 0 Q NNN ` NNOOO ` 0 0 0 0 0 0 0 0 0 CD 0■ 0 00 1D M N 1D M 01 C M �' <r N d' h h 01 h �" •--� MM00000r~ � 000000000 -a 01 O_ O_ 0 0 0 0 0 0 1Q 0 0 0 0 0 0 0 0 a Cti I d c..) in •cr co •rrOMcoco O J cO cO O tom. CM N O O O N 0 < CO64 coo ai 6e- CC14 }— co to O N t0 M ttN M • V- r ER6969- 6} CO N ti 69. 1� OO �t M O 000 co O t73CnCANZ- CnO '�f N I tri h: O0— 6 d' tcit- N . C-) 63- T E9 69 69- 9- co EfT 0 N- CO M • O N 00 0 t• d tr) w co N� O p 0 co cv a r 0 Tr-9. � 0 w co o o N o r to N 1— C0 O N Cr). T r Z triric7tMC�i «i ''" �-- N r CO N CO co M CO c0 0 to 1 in et N w 69. � t� ctr N�N QC 69 69. 69 5- 0 0 0 0 0 0 0 0 0 0 1. 0 0 0 0 0 0 0 0 0 0 ,� to cjptri tri tri tri 00 ( tT 03 0 rn �1-+ E4 N t0- 6 � ER V* C') N N 0 0 o d4 b4 rte 'd' (` •c N 69 r Op z 000000 00'00 0 O 6 6 6 tri 6tri 000 0 U) ~Q to 00N- NN 000 N Z r- 0dO Nt. N 0) EA O 0 Q HT9 � Cf� N co l"" > Efl CL » ttZZ Q. Y LU W N - < � zzzaa » wWW = = ¢ ¢ Z W WE - » > OvOO ill ■ OOOQQQ § OO Co W _IJJw �' Ur C7 Ce 0 � IIawwwLU00C) LL. Y22zZZZZ00 OtoO CS) MCOOOOC) 0NNU) 0000) 0NN tnn In LOn co t(0 (Mn t(0 In in In .(S000000000 T r r T r T T r k y W • U) 0) to U) to r' CO CO.t\0 0 F H._ T r \ \ \ r r N ,` ,� r r r T \ �. r \ g a T CD r T r T sr- cr- r rr., G T 0 N r LO CA CO 0 M a0 O O N d 1-- co (0NN0O 'd' d' MM co M N M cO c,) cv) CO M M CO C cY 0 0 0 0 0 0 0 0 0 0 W f, W r T T T r T r r '• r a Q ce = cn C4 Q U.. w j Ce r } City of - : 2 Oak Park Heights 14168 Oak Park Blvd. N•Box 2007.Oak Park Heights, MN 55082•Phone(651)439-4439 Fax(661)439-0574 Memo To: Jim Butler, C.B.O. From: Julie Hultman +L.L,,Date: July 25, 2002 Re: Fire Inspection Permit Fees With respect to fees for fire protection permits, I have reviewed the proposed fee schedule in Exhibit A, as provided by Bayport City Administrator Johanneck. The following table shows the fee outcomes for the period of August 31 through December 31,2 001. As the proposed fee schedule does not reference plan review costs of state surcharge, please note that I am assuming 65%of the permit fee for plan review and the minimum state surcharge of.50. Permit Value Formula Fee Plan Review Surcharge Total 01-337 $ 11,150 $(75 + 12) $ 87 $ 56.55 $ .50 $ 144.05 01-265 35,000 (75 + 35) 110 71.50 .50 182.00 01-329 1,800 (75 + 2) 77 --- .50 77.50 01-328 475 (75 + 0) 75 --- .50 75.50 01-300 2,270 (75+ 3) 78 --- .50 78.50 01-303 975 (75+ 0) 75 --- .50 75.50 01-348 No Data --- --- --- --- _-_ 01-340 69,000 (75 +69) 144 93.60 .50 238.10 01-330 10,000 (75 + 10) 85 --- .50 85.50 01-332 214,800 (75 +215) 290 188.50 .50 479.00 345,470 $ 1,021 $ 410.15 $4.50 $1,435.65 As you can see the revenue (fee+ plan review) collected with this fee schedule is significantly lower than the revenue collected with the fee schedule in place. Revenue of$7,557.67 was collected for these permits with our current fee schedule. The difference is a decrease in revenue of$6,126.52. Based upon 2% of the valuation or a minimum of$75 being payable to the City of Bayport, for fire protection the billing for this time period was$7,099 or$5,667.87 more than the revenue that would be realized with this fee schedule. I have communicated with several other inspections agencies regarding fee schedules being used for fire protection permits. I have found that using the fee schedule in Table 1-A of the'97 UBC is a common practice and that our following the fee schedule for this permit service would appear to be in line with the practice of other agencies charged with issuing and providing this permit service. The fee amounts, outline in the above schedule, do not seem sufficient to cover the costs associated with administering and providing fire protection permits and inspections services. If you would like me to pursue additional information on this matter, kindly let me know. pc: Kim Kamper, Acting City Administrator Kris Danielson, Community Development Director ` r I Exhibit A Fire Inspection Service - Plan Check and Inspection Fee Schedule A fee as established by the schedule listed below shall be charged for fire inspection fees. AU fire inspection fees shall be allocated to the City of Bayport pursuant to the provisions of this agreement and shall be paid by Oad Park to Bayport in the month following the issuance of the permit. The balance of any fees owed to the City of Bayport pursuant to the provisions hereof, shall be due and payable to Bayport by Oak Park upon certification by the Building Official that services are complete. 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H O 0 0 0 0 N H H H •• 43 4) ..$ \ \ \ \ \ \ \ \ \ \ ID RS 14 MI Ol H H H H H H H H H EiF?p>+i( A H E Q) J•) 4.) a t0 O O co tT O N r- O O E . •,1 N CO M M CO CO CO CO CO CO H $4j FFFFIIII 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4) H H H H H r-1 H H H H a) P4) 04 a o 0 o o o 9 c 9 e q { City of �- Oak Park Heights 14168 Oak Park Blvd.N•Box 2007•Oak Park Heights,MN 55082•Phone(651)439-4439 Fax(661)439-0574 Memo To: Jim Butler, C.B.O. From: Julie Hultman Date: July 25,2002 Re: Building Inspection Services -City of Bayport In September of 2001, I prepared a table showing the actual revenue received by the City of Bayport after its contract expense for inspection services. This table covered the time period of 1998 through September 30, 2001. The following is an update to the earlier table and shows the same information for year 2001 in full and through June 30, 2002. Please note that these figures do not include any charges for State Surcharge or SAC as these are payable to other entities and a small percentage, for processing the mandatory reports, is held by the submitting jurisdiction. CITY OF BAYPORT Permit&Expenses: 2001 &2002 2001 2002 Actual 1/1-6/30 Received Permit Revenue: $90,474.56 $20,710.59 Less: Oak Park Heights Contract Expense: $43,047.40 $11,148.57 Equals: City of Bayport Permit Revenue: $47,427.40 $9,562.02 • Oak Park Heights ' ' �ARE i. I Request for Council Action Meeting Date 8/13/02 Agenda Item Title Approve Fire Inspection Service Agreement Time Required 1 min. Agenda Placement Consent Originating Department/Requestor Administration/Kimberly Kamper Requester's Signature Action Requested Receive Information and A. 'rove A_reement Background/Justification (Please indicate any previous action,financial implications including budget information and recommendations). For several months the City staff of Bayport and Oak Park Heights have been meeting to work out the Fire Inspection Services Agreement between the two Cities. The Fire Inspection Services Agreement is for fire inspections related to the building permit process. The new agreement has been revised to • reflect the division of duties between the Bayport Fire Inspector and the Oak Park Heights Building Official as well as provide for an equitable fee schedule. The City of Bayport approved the agreement at its August meeting. Staff is recommending that the City of Oak Park Heights City Council approve the agreement. S:\SHARED\Forms\COUNCIL ACTION REQUEST.doc 4110 •J CITY OF BAYPORT 294 North 3rd Street Bayport, Minnesota 55003-1027 August 6,2002 Phone: (651)439-2530 Kim Kamper City of Oak Park Heights P.O. Box 2007 Oak Park Heights,MN 55082 Kim, This is just a letter to let you know that at the Regular City Council meeting the Council approved the Fire Inspection Services Agreement as well as the date of October 3, 2002 for the joint strategic planning session. • I look forward to working with you on the strategic planning session as well as other issues. I hope to see you on Wednesday for our State Storm Sewer Project meeting. Any questions or comments 439-2530 or drjohanneck @hotmail.com. This is my address at the City. General e-mails could go to citybayport@gwest.net. Take care, Dan Jo eck- City Administrator 411/ City of Bayport \ ,`__, ! of the City Council ' • Regular Meeting f t9 Monday,August 5,2002 - 7:00 P.M. - Council Chambe AUG - 5 2002 `` Agenda Note: See Administrator's Narrative for Information and Background to Supplement Supporting Documentation 1. Call to Order&Pledge of Allegiance 2. Roll Call 3. Citizens Comments -Individuals may address the council about any item not contained on the regular agenda. A maximum of 15 minutes is allotted for the citizen comment period(not 15 minutes per person). If the full 15 minutes are not needed for public comments, the City Council will continue with the agenda. The City Council will take no official action on items discussed during this time, with the exception of referral to staff or commission for future report e it appears on the agenda for 4. Approve Agenda-No item of business shall be considered unless pp g .f the meeting. Council Members may.add items to the agenda by a majority vote of the council. • 5. Consent Agenda - These items are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member or citizen so • requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. • Resolution#02-71 To Approve Consent Agenda A. July 1,2002 Public Hearings&Regular Meeting Minutes B. July 29,2002 Special Meeting-Budget&Levy Workshop C. July Payables &Receipts Lists D. July Building, Plumbing, &Mechanical Permits E. Zoning Administrator's Certificate of Compliance List F. Donation of$750 to Youth Service Bureau G. Approve Data Practices Policy H. Fire Inspection Services Contract with Oak Park Heights I. Police Department Computer Purchase J. Approve Volunteer Police Services Agreement w/ City of Chaska 6. Recognitions &Proclamations 7. Public Hearings 8. Council Liaison Reports (See various committee meeting minutes if available) 9. Reports of Department Heads • 10. City Attorney Report 11. City Engineer Report 12. City Consulting Planner Report A. Review Bayport West Schedule(Plan&Preliminary Plat Review,Rezoning,etc.) B. Consider Ordinance 745 Amendment to Zoning Ordinance Regarding Required On-Site Parking Regulations City of Bayport City Administrators Narrative -July 30, 2002 Of for the Regular Meeting of the City Council • Monday,August 5,2002 - 7:00 P.M. - Council Chambers 3. Citizens Forum-Nothing to report here. Council may want to consider 5 minute time limits or establish such for any person who wishes to address any part of the agenda. 5. Consent Agenda-Resolution 02-71 To Approve S.A. July 1,2002 Regular Meeting Minutes - See minutes. S.B. July 29,2002 Special Meeting Minutes-See minutes S.C. July Payables & Receipts Lists - See List S.D. July Building,Plumbing,&Mechanical Permits - See List S.E. Zoning Administrator's Certificate of Compliance List- See List S.F. Approve Donation of$750 to Youth Service Bureau-This would be a donation similar to last year. See newsletter to understand their programs. We are in their direct service area and this would be an appropriate expenditure. S.G. Approve Data Practices Policy-See the packet. This policy is another requirement which is a result of recent legislation. Each city is required to pass a policy which adopts data practices procedures by August 1, 2002.. This procedural.policy was modeled after the policy adopted by the City of Stillwater but modified to reflect the unique operations of the City of Bayport. I recommend approval of this policy as written. • H. Fire Inspection Services Agreement-with City of Oak Park Heights -After several meetings and a great deal of discussion,we were able to come to an agreement as to services provided and fees to be collected and distributed. I believe this to be an improved agreement over the original. and that it reflects more closely the current provision of services. This agreementhas an automatic renewal clause with language which establishes procedures for notification of requested changes, etc. I recommend approval of this agreement 5.L Police Department Computer Purchase-Please refer to the memo from Chief Gannaway. The computer in the police department has been recently plagued by down time and crashes. This is a critical component of the department and needs to be replaced with a model which can properly process digital photographs and other related types of data. The cost of$1,723.59 would be funded by the Drug Forfeiture Fund. I would recommend this purchase. We will explore the possibility of recycling the computer for continued usage. S.J. Approve Volunteer Police Services Agreement with City of Chaska-Please see the note from the Police Chief and the enclosed agreement. The chief spoke with the City Attorney and this agreement has been.signed subject to retroactive approval. The agreement is a good one in that the City is covered on any risk issues and will have no financial burden attached to this volunteer work. I recommend approval. Retroactive approval was necessary as Chaska could not wait for contracts. The event is to be held the weekend of August 8th. 6. Recognitions &Proclamations-None 7. Public Hearings -None • Council Liaison Reports (See various committee meeting minutes if available) Reports of Department Heads 10. City Attorney Report Page 1 of 6 AGREEMENT FOR FIRE CODE AND INSPECTION SERVICES THIS AGREEMENT made and entered into this 6th day of August, 2002,by and between the City of Oak Park Heights 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, Oak Park Heights has requested Bayport to provide fire code and inspection services to be performed within its boundaries; and, WHEREAS, Oak Park Heights wishes to contract with Bayport to perform fire code and inspection services within the Oak Park Heights'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: I SCOPE OF SERVICES 1. Bayport agrees to provide fire code and inspection services for Oak Park Heights. The Fire Code official for Bayport shall serve as the fire code official for Oak Park Heights under the terms of this Agreement. 2. Except as otherwise specifically set forth herein, fire code services shall only include those types of duties and functions customarily rendered by the fire inspection officials under law, and shall not include services which are normally provided by the State of Minnesota nor shall it include such services which are normally provided by Washington County Department • 1 of Health including, but not limited to, hazard property inspection for the purposes of Minnesota "'- Statute 463.15, et. Seq. 3. The standards of performance, method of providing inspection services and other matters incident to the performance of services under this Agreement including personnel to be employed shall be determined by Bayport. 4. Under this Agreement Bayport shall receive all applications for services for all projects within Oak Park Heights as required by existing laws, codes and ordinances with such applications being received by Bayport after they have been first reviewed by Oak Park Heights. The Building Official for Oak Park Heights shall examine such applications to determine compliance with existing codes. 5. Pursuant to this Agreement,the fire code official shall provide necessary plan check services as required by laws,regulations and ordinances for fire suppression systems. 11111 6. The Building Official for Oak Park Heights shall collect all fees for applications and charges to be collected incident to the administration of fire 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 reported to Bayport and disbursements shall be made by Oak Park Heights pursuant to the terms of this Agreement. The Building Official and Oak Park Heights staff shall also perform the rough in inspection,pressure test the water lines, and share in the plan check review of the applicant's plans along with performing the administrative tasks associated with this agreement. Copies of all correspondence shall be provided to the fire code official. • 2 7. The fire code official for Bayport shall not be required to attend Oak Park Height's staff planning review meetings except as may be requested for construction meetings on commercial/industrial projects. The fire code official will provide written comments on building projects for site plan review meetings as requested by Oak Park Heights. 8. The fire code official for Bayport shall have the exclusive authority to determine interpretations and applications of the fire codes to projects within Oak Park Heights. Notwithstanding the forgoing,the fire inspector shall confer with the Building Official of Oak Park Heights before issuing any such interpretations and applications of the fire code on projects within Oak Park Heights. Enforcement of fire code requirements by way of judicial action for either criminal or civil sanction shall remain the exclusive responsibility of Oak Park Heights. 9. Inspection services shall include evaluations of fire suppression systems for 411 commercial, industrial and multiple family building projects, plan review, final inspections and alarm system monitoring. 10. 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 the exclusive property of the City of Oak Park Heights. 11. Affecting services identified within this agreement, Bayport reserves the right to decline to provide such services with regard to any individual property within Oak Park Heights when,under such circumstances, the fire inspection official for Bayport determines that the specific service sought is beyond the scope of its department to be able to provide, or where under such • 3 other circumstances, existing workloads within the department preclude a timely response for the • request for such services. 12. Fees for fire suppression, sprinkling system and fire protection system shall be established in Exhibit A. The fees and charges set forth on Exhibit A are exclusive of other fees and charges as may be required by the State of Minnesota. 13. At the discretion of the fire code official, additional charges not to exceed actual expenses incurred may be billed in instances where repeated violations of the fire code and/or ordinances necessitate a number of compliance reinspections. Such charges shall be payable by the permittee prior to the issuance of final permits or certificates of occupancy and shall remain the exclusive property of Bayport. 14. Oak Park Heights and Bayport agree that the division of fees for fire code services contained herein shall be as is set forth within Exhibit A annexed hereto and incorporated b cont rp by • reference herein. Oak Park Heights shall collect all fees on behalf of itself for applications for fire inspection services and building permits and report them to Bayport and make disbursement to the parties pursuant to the terms of this Agreement and Exhibit A. Should Bayport fire official be required to perform additional services not related to the issuance of a current permits, Bayport shall be compensated by Oak Park Heights at the same rate as is currently established for additional inspection services pursuant to the provisions of the fire code. 15. Oak Park Heights shall adopt by ordinance regulations which are compatible with those now in force within Bayport affecting fire suppression systems for commercial, industrial and multiple family properties. 4 so16. Initial payment to Bayport by Oak Park Heights for fire code services shall occur on a monthly basis in the amounts established in Exhibit A. III. GENERAL TERMS AND CONDITIONS The parties further agree as follows: 1. Oak Park Heights shall not assume any liability for the direct payment of any salary, wage or other compensation to any Bayport employee for performing fire code inspection services pursuant to this Agreement. 2. Oak Park Heights 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 review and issuance of fire inspection permits within its borders. • 3. All applications for fire code permits and inspection forms to be utilized hereunder shall be maintained at both City offices. 4. 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 from the negligent act of Oak Park Heights, its officers, agents or employees in performance of this Agreement. 5. 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 S 5 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. 6. 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. • 7. 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 to both parties shall be written and • 6 • 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 January 1, 2002. 2. Termination. This Agreement shall continue in full force and effect between the parties until terminated pursuant to the provisions of paragraph 6 of Section III hereof. V. ADDITIONAL PROVISIONS 1. Arbitration. In the event of any dispute arising between the parties as it affects the IIIinterpretation, 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 IP 7 purposes for a reasonable period of time as may be determined in the discretion of the building 41, inspector for Oak Park Heights. All open and closed files affecting building inspection services to be rendered to Oak Park Heights pursuant to the terms and provisions of the Agreement shall remain the exclusive property of Oak Park Heights and Oak Park Heights 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 Beaudet Its: Mayor By: Kimberly Kamper • Its: Acting City Administrator CITY OF BAYPORT B es Kosmo Its: Mayor By: � Daniel Johanne Its: City Administrator 111/ 8 III 0 EXTIIBIT A Plan Check and Inspection Fee schedule Fifty Percent of all revenues for fire inspections shall be allocated to each community for the fire inspections services provided for herein. Initial payment to Bayport for fire inspection services shall occur on a monthly basis. Should there be any balance due Bayport following the initial payment the same shall be paid by Oak Park Heights to Bayport in the month following issuance of the fire inspection permit or certification by the Building Official that the services are complete. The fire inspection fees are established by the Uniform Building Code as adopted by the City of Oak Park Heights. Fees are based on the valuation of the fire suppression portion of the project and will follow the state code as adopted by the City. • 9 III a.' fir;°w:,' ENCLOSURE Q/ak Park Heights Request for Council Action Meeting Date 8/14/01 Agenda Item Title Approve Building Inspector Agreement Amendment Time Required 2 min._ Agenda Placement Consent Originating Department/Requestor Administration/Kimberly Kamper L. Requester's Signature j m�l / j Action Requested Approve Amendment and Authorize its Execution Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised) The City of Bayport has created a new position called Fire Inspector/Fire Code Official. The individual in this position will "perform the duties as the authority having jurisdiction (AHJ) related to building blueprint review and code enforcement to ensure compliance with the National Fire Code. Conducts inspections of building fire suppression equipment to ensure its compliance with applicable fire codes." The person in this position will work closely with our Building Official. This change will require an amendment to the "Agreement for Building Inspection Services" between the City of Oak Park Heights and the City of Bayport. The main change pertains to the inspection fees outlined in Attachment A of the agreement. Specifically, under the Sprinkling System or Fire Protection the fee will change to a minimum of$75.00 or 2% of Construction with 50%for Oak Park Heights and 50% for Bayport. The Bayport City Council has approved this change. I recommend that the City Council approve this amendment to the agreement and authorize execution of amendment to the agreement. Date/Time Received G' / q:00 City Administrator/Date 1k7/1('l 'cc- `�-0/ Financial Implications UU Budget Line Item Budgeted: Yes No Funding: Levy Other Administrative Recommendation: Approve I-r Deny No Recommendation Comments: S:\SHARED\Forms\COUNCIL ACTION REQUEST.doc City Council Meeting Minutes August 14, 2001 Page 3 of 6 Councilmember Doerr pulled item B for discussion. Mayor Beaudet pulled item C for discussion. Councilmember Byrne, seconded by Swenson,moved to approve the Consent Agenda as amended. Roll call vote taken. Carried 5—0. C. Approve City Council Minutes—July 24,2001. Mayor Beaudet,seconded by Councilmember Doerr,moved to approve the July 24, 2001 City Council Minutes. Carried 4—0— 1,Doerr abstained. D. Approve Building Inspector Agreement Amendment. City Attorney Vierling noted that this change requires a separate contract rather than an amendment. Vierling distributed a contract for review. Councilmember Doerr, seconded by McComber,moved to approve the Agreement for Fire Code and Inspection Services between the City of Bayport and the City of Oak Park Heights. Carried 5—0. V. Public Hearings: None. VI. New Business: A. Interim City Administrator Position. Acting Administrator Kamper reported that no applications had been received. Mayor Beaudet, seconded by Councilmember Swenson,moved to receive the information. Carried 5—0. B. Acting City Administrator Grade and Pay Review. Councilmember Byrne suggested forming a Council subcommittee to negotiate with the Acting Administrator and meet with the City Attorney to draft a memo of understanding between the City and the Acting Administrator. Mayor Beaudet stated that the Council needs to address it's concerns and issues and suggested a non-televised worksession on August 28,2001 to deal with the City Administrator job description. Councilmember Swenson, seconded by Byrne,moved to appoint Councilmember Doerr to work with the City Attorney to negotiate pay and grade with the Acting City Administrator. Carried 5—0. 3 i_, ,EctE OWE FEB - ! 21V1 CITY OF BAYPORT 294 North 3rd Street Bayport, Minnesota 55003-1027 January 30, 2001 Phone: (651)439-2530 Mr. Tom Melena City Administrator City of Oak Park Heights 14168 Oak Park Blvd. N. P.O. Box 2007 Oak Park Heights, MN 55082 Dear Tom: Please find enclosed a draft of the agreement between the City of Bayport and the City of Oak Park Heights for fire protection services. The City of Bayport is proposing to provide fire protection services to the City of Oak Park Heights in the year 2001 for $78,090.00. The $78,090.00 contract fee is the same as the fee established in the year 2000. As you requested, the new contract specifies paying the $78,090.00 contract fee in four equal payments in January, April, July and October. The City Council will be approving the fire protection contract between the City of Bayport and Oak Park Heights at its meeting of February 5, 2001. Following the meeting, I will have the appropriate Bayport individuals sign the contract. I will send two fully executed copies to the City of Oak Park Heights for signatures and filing. I am also enclosing, for your information, the year 2001 fair share formula for fire protection services for the communities of Bayport, Oak Park Heights, Baytown Township and West Lakeland Township. The year 2001 fair share cost allocation formula is the same allocation as was used in 1999 and 2000. The City of Bayport has made a preliminary estimate of the year 2002 fair share formula cost allocation for fire and rescue services. To determine the fair share cost allocation for fire and rescue protection services for the respective communities, we used the following data: 1) Year 2000 tax capacity value for the communities of Oak Park Heights, Baytown Township and West Lakeland Township. The City of Bayport used the tax capacity value established in 1997 of$3,663,211.00. The actual 2000 tax capacity of the City of Bayport is $1,919,718.00. The reduced tax capacity is a consequence of the Andersen Corporation's market value reduction in 1998. The City Council has instructed me to use the higher tax capacity value to minimize the impact on the other participating communities. 2) The annual fire and rescue runs made for each of the participating communities for the years of 1998, 1999 and 2000. 3) A Bayport fire department estimated 2002 budget of$210,000.00. I have provided a year 2002 fair share formula cost allocation sheet for your review as Attachment B. The estimated fair share formula allocation for the City of Oak Park Heights in the year 2002 is $85,804.00. This figure, however, could increase or decrease depending on the number of fire and rescue runs experienced in the City of Oak Park Heights in the year 2001. Additionally, if the Bayport City Council decides to increase the $210,000.00 fire department budget, it could also increase the contract amount for fire and rescue services for the City of Oak Park Heights. Following your review of the year 2001 contract and the year 2002 fire and rescue fair share formula, plea contact me with any concerns or questions you may have. Sincere,/y... net artung ty A%mi *strator 1 K /link Enclosures pc: Mayor and Councilmembers a a CITY OF OAK PARK HEIGHTS AGREEMENT FOR FURNISHING FIRE PROTECTION the City of Bayport, hereinafter THIS AGREEMENT by and between he y yp , termed "Bayport", and the City of Oak Park Heights, hereinafter termed "Oak Park Heights", made this first day of March, 2001. In consideration of the premises, it is mutually agreed upon by the parties hereto as follows: 1. Upon the request of Oak Park Heights, Bayport agrees to furnish the same fire equipment and personnel in fighting fires within the City limits of Oak Park Heights as they would use in fighting their own fires, for a period of one (1) year from and after March 1, 2001. 2. The cost to Oak Park Heights for this service shall be $78,090.00 for the one-year period of this contract, payable in four equal payments in January, April, July and October. 3. Bayport shall not be liable for any non-willful act on the part of any of its employees in failing to perform any of the terms and conditions required to be performed, nor for any decisions of judgment on the part of any of its employees in failing to carry out the strict terms of this agreement. 4. Bayport, or its agents, officers and employees shall not be liable to any person or entity for costs, damages, expenses or other liability and Oak Park Heights agrees to indemnify and hold the City or its agents, officers and employees harmless from any costs, damages or other liability arising from the providing of Emergency Response Services with regard to any hazardous substances, pollutant or contaminant, including any costs associated with the contaminant removal of or remedial action relating to any hazardous substance, pollutant or contaminate. 5. This agreement may be renewed from year to year upon terms agreeable to both parties and upon acceptance thereof by formal action of each party. 6. This Agreement shall terminate February 28, 2002. CITY OF BAYPORT Attest: 111,- It City Adminlstr. Its Mayor CITY OF OAK PARK HEIGHTS Attest: 11/41 616__.11 Its City Administrator Its Mayor YEAR 2001 FAIR SHARE FORMULA = COST X % USE+ % OF TOTAL VALUE 2 TAX CAPACITY VALUE- 1997 % OF TOTAL VALUE BAYPORT $3,663,211 23.8% OAKPARK HEIGHTS $6,728,690 43.7% BAYTOWN TOWNSHIP $1,925,858 12.5% WEST LAKELAND TWP. $2,728,684 20.0% TOTAL $15,046,443 100.0% ANNUAL FIRE RUNS 1995-1996-1997 AVERAGE % OF TOTAL BAYPORT 45 38.5% OAK PARK HEIGHTS 45 38.5% BAYTOWN TOWNSHIP 10 8.5% WEST LAKELAND TWP. 17 14.5% TOTAL 117 100.0% OAK PARK BAYTOWN WEST BAYPORT HEIGHTS TOWNSHIP.LAKELAND ASSESSED VALUE 23.8% 43.7% 12.5% 20.0% % OF USE 38.5% 38.5% 8.5% 14.5% 62.3% 82.2% 21.0% 34.5% DIVIDED BY 2 31.15% 41.10% 10.50% 17.25% $190,000 BUDGET FAIR SHAR = $59,185 $78,090 $19,950 $32,775 *"Fire Runs" include false alarms and Carbon Monoxide alarms actual 2001 Budget is$203,000 FIRE-FAIR SHAREF D FAIR SHARE 2001 .t _ r t AGREEMENT FOR FIRE CODE AND INSPECTION SERVICES THIS AGREEMENT made and entered into this-;(;) day of August, 2001 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, Oak Park has requested Bayport to provide fire code and inspection services to be performed within its boundaries; and, WHEREAS, Oak Park wishes to contract with Bayport to perform fire code and inspection services within the Oak Park'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. Bayport agrees to provide fire code and inspection services for Oak Park. The Fire Code official for Bayport shall serve as the fire code official for Oak Park under the terms of this Agreement. 2. Except as otherwise specifically set forth herein, fire code services shall only include those types of duties and functions customarily rendered by the fire inspection officials under law, and shall not include services which are normally provided by the State of Minnesota 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. 3. The standards of performance, method of providing inspection services and other matters incident to the performance of services under this Agreement including personnel to be employed shall be determined by Bayport 4. Under this Agreement Bayport receive all applications for services for all projects within Oak Park as required by existing laws, codes and ordinances with such applications being received by Bayport after they have been first reviewed by Oak Park The building official for Oak Park shall examine such applications to determine compliance with existing codes.. 5. Pursuant to this Agreement, the fire code official shall provide necessary plan check services as required by laws, regulations and ordinances for fire suppression systems. 6. The building official for Oak Park shall collect all fees for applications and charges to be collected incident to the administration of fire 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 reported to Bayport and disbursements shall be made by Oak Park pursuant to the terms of this Agreement. 7. The fire code official for Bayport shall not be required to attend Oak Park staff planning review meetings except as may be requested for construction meetings on commercial/industrial projects. 8. The fire code official for Bayport shall have the exclusive authority to determine interpretations and applications of the fire codes to projects within Oak Park. Notwithstanding the forgoing, the fire inspector shall confer with the City Administrator of Oak Park before issuing any o' such interpretations and applications of the fire code on projects within Oak Park. Enforcement of l _. fire code requirements by way of judicial action for either criminal or civil sanction shall remain the exclusive responsibility of Oak Park. 9. Inspection services shall include evaluations of fire suppression systems for commercial, industrial and multiple family building projects. 10. 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. All such original records shall remain the exclusive property of the City of Oak Park. 11. Affecting services identified in I.2.(c) above,Bayport reserves the right to decline to provide such services with regard to any individual property within Oak Park when, under such circumstances, the fire inspection official for Bayport 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. 12. Fees for residential and commercial plumbing, heating, sprinkling system and fire protection system shall be established on Exhibit A. The fees and charges set forth on Exhibit A are exclusive of other fees and charges as may be required by the State of Minnesota. 13. At the discretion of the fire code official, additional charges not to exceed actual expenses incurred may be billed in instances where repeated violations of the fire code and/or ordinances necessitate a number of compliance reinspections. Such charges shall be payable by the permittee prior to the issuance of final permits or certificates of occupancy and shall remain the exclusive property of Bayport. 3 L 14. Oak Park and Bayport agree that the division of fees for fire code 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 itself for applications for fire inspection services and building permits and report them to Bayport and make disbursement to the parties pursuant to the terms of this Agreement and Exhibit A. Should Bayport fire official be required to perform additional services not related to the issuance of a current permits, Bayport shall be compensated by Oak Park at the same rate as is currently established for additional inspection services pursuant to the provisions of the fire code. 15. Oak Park shall adopt by ordinance regulations which are compatible with those now in force within Bayport affecting fire suppression systems for commercial, industrial and multiple family properties. 16. Initial payment to Bayport by Oak Park for fire code services shall occur on a monthly basis. Fifty percent (50%) of all fire inspection fees shall be allocated to the City of Bayport pursuant to the provisions of Exhibit A, a copy of which is annexed hereto and incorporated by reference herein and shall be paid by Oak Park to Bayport in the month following the issuance of the permit. The balance of the fees owed the City of Bayport pursuant to the provisions of Exhibit A, shall be due and payable to Bayport by Oak Park upon certification by the Building Official that services are complete. III. GENERAL TERMS AND CONDITIONS The parties further agree as follows: 1. Oak Park shall not assume any liability for the direct payment of any salary, wage or other 4 compensation to any Bayport employee for performing fire code inspection services pursuant to this Agreement. 2. 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 review and issuance of fire inspection permits within its borders. 3. All applications for fire code permits and inspection forms to be utilized hereunder shall be maintained at both City offices. 4. Bayport, its officers, agents and employees shall not assume liability for any intentional or 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. 5. 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. 6. 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 5 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. 7. 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 the date of its execution between the 6 parties as set forth above. 2. Termination. This Agreement shall terminate on December 31, 2001 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 Oak Park pursuant to the terms and provisions of the Agreement shall remain the exclusive property of Oak Park and Oak Park 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. 7 e CITY 3F 0. „tear' HEIGHTS tp/ B�_ . �,r David Beaudet Its:Mayor BY: %"'t`••- Kimberly Kamper Its: Acting City Administrator CITY OF BAYPORT By • ��. .1 -es Kos • Its: Mayor : .� ��- 147 h H. Hartung ' ity Administrator 8 EXHIBIT A Plan Check and Inspection Fee schedule 9 I ` t Fees to be charged under this agreement for fire inspection and fire suppression plan check fees shall be a minimum fee of$75.00 or 2% of the estimated cost of construction of the fire suppression system as proposed by the permit applicant 10 r - AGREEMENT FOR FIRE CODE AND INSPECTION SERVICES THIS AGREEMENT made and entered into this f3 day of August, 2001 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,Oak Park has requested Bayport to provide fire code and inspection services to be performed within its boundaries; and, WHEREAS, Oak Park wishes to contract with Bayport to perform fire code and inspection services within the Oak Park'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. Bayport agrees to provide fire code and inspection services for Oak Park. The Fire Code official for Bayport shall serve as the fire code official for Oak Park under the terms of this Agreement. 2. Except as otherwise specifically set forth herein, fire code services shall only include those types of duties and functions customarily rendered by the fire inspection officials under law, and shall not include services which are normally provided by the State of Minnesota 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. I ' 3. The standards of performance, method of providing inspection services and other matters incident to the performance of services under this Agreement including personnel to be employed shall be determined by Bayport 4. Under this Agreement Bayport receive all applications for services for all projects within Oak Park as required by existing laws, codes and ordinances with such applications being received by Bayport after they have been first reviewed by Oak Park The building official for Oak Park shall examine such applications to determine compliance with existing codes.. 5. Pursuant to this Agreement, the fire code official shall provide necessary plan check services as required by laws, regulations and ordinances for fire suppression systems. 6. The building official for Oak Park shall collect all fees for applications and charges to be collected incident to the administration of fire 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 reported to Bayport and disbursements shall be made by Oak Park pursuant to the terms of this Agreement. 7. The fire code official for Bayport shall not be required to attend Oak Park staff planning review meetings except as may be requested for construction meetings on commercial/industrial projects. 8. The fire code official for Bayport shall have the exclusive authority to determine interpretations and applications of the fire codes to projects within Oak Park. Notwithstanding the forgoing, the fire inspector shall confer with the City Administrator of Oak Park before issuing any such interpretations and applications of the fire code on projects within Oak Park. Enforcement of fire code requirements by way of judicial action for either criminal or civil sanction shall remain the exclusive responsibility of Oak Park. 9. Inspection services shall include evaluations of fire suppression systems for commercial, industrial and multiple family building projects. 10. 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 Park. All such original records shall remain applicant to the Building Official for the City of Oak the exclusive property of the City of Oak Park. 11. Affecting services identified in I.2.(c) above,Bayport reserves the right to decline to provide such services with regard to any individual property within Oak Park when, under such circumstances, the fire inspection official for Bayport 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. 12. Fees for residential and commercial plumbing, heating, sprinkling system and fire protection system shall be established on Exhibit A. The fees and charges set forth on Exhibit A are exclusive of other fees and charges as may be required by the State of Minnesota. 13. At the discretion of the fire code official, additional charges not to exceed actual expenses incurred may be billed in instances where repeated violations of the fire code and/or ordinances necessitate a number of compliance reinspections. Such charges shall be payable by the permittee prior to the issuance of final permits or certificates of occupancy and shall remain the exclusive property of Bayport. 3 14. Oak Park and Bayport agree that the division of fees for fire code 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 itself for applications for fire inspection services and building permits and report them to Bayport and make disbursement to the parties pursuant to the terms of this Agreement and Exhibit A. Should Bayport fire official be required to perform additional services not related to the issuance of a current permits, Bayport shall be compensated by Oak Park at the same rate as is currently established for additional inspection services pursuant to the provisions of the fire code. 15. Oak Park shall adopt by ordinance regulations which are compatible with those now in force within Bayport affecting fire suppression systems for commercial, industrial and multiple family properties. 16. Initial payment to Bayport by Oak Park for fire code services shall occur on a monthly basis. Fifty percent (50%) of all fire inspection fees shall be allocated to the City of Bayport pursuant to the provisions of Exhibit A, a copy of which is annexed hereto and incorporated by reference herein and shall be paid by Oak Park to Bayport in the month following the issuance of the permit. The balance of the fees owed the City of Bayport pursuant to the provisions of Exhibit A, shall be due and payable to Bayport by Oak Park upon certification by the Building Official that services are complete. III. GENERAL TERMS AND CONDITIONS The parties further agree as follows: 1. Oak Park shall not assume any liability for the direct payment of any salary, wage or other 4 compensation to any Bayport employee for performing fire code inspection services pursuant to this Agreement. 2. 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 review and issuance of fire inspection permits within its borders. 3. All applications for fire code permits and inspection forms to be utilized hereunder shall be maintained at both City offices. 4. Bayport, its officers, agents and employees shall not assume liability for any intentional or 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. 5. 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. 6. 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 5 Article N 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. 7. 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. N. EFFECTIVE AND TERMINATION DATES 1. Effective Date. This Agreement shall be in effect as of the date of its execution between the 6 i - J parties as set forth above. 2. Termination. This Agreement shall terminate on December 31, 2001 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 Oak Park pursuant to the terms and provisions of the Agreement shall remain the exclusive property of Oak Park and Oak Park 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. v CIT ' ��r;Iv HEIG David Beau•�� Its: Mayor BY: Kimberly Kamper Its: Acting City Administrator CITY OF BAYPORT es Kosmo ts:M.yor eth H. H. I's: City Administrat• 8 EXHIBIT A Plan Check and Inspection Fee schedule 9 Fees to be charged under this agreement for fire inspection and fire suppression plan check fees shall be a minimum fee of$75.00 or 2% of the estimated cost of construction of the fire suppression system as proposed by the permit applicant 10 t AGREEMENT FOR FIRE INSPECTION SERVICES THIS AGREEMENT made and entered into this / day of 2001 by and between the City of Bayport, State of Minnesota (hereinafter referred to as "Bayport"), and the City of Oak Park Heights, State of Minnesota (hereinafter referred to as "Oak Park Heights") WITNESSETH: WHEREAS, Oak Park Heights has requested Bayport to provide fire inspection services to be performed within its boundaries; and, WHEREAS, Bayport wishes to contract with Oak Park Heights to perform fire inspection services within Oak Park Heights' boundaries; and, WHEREAS, such agreements are authorized by Minnesota Statute §471.59. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between Bayport and Oak Park Heights as follows: SCOPE OF SERVICES 1. Bayport agrees to provide through its Fire Department, fire inspection services for Oak Park Heights. The Fire Chief of the Bayport Fire Department shall conduct and/or supervise the fire inspections for Oak Park Heights under the terms of this Agreement. 2. Except as otherwise specifically set forth herein, fire inspection services shall only include those types of inspections customarily conducted by the fire officials under law. 3. The standards of performance, method of providing fire inspection services and other matters incidental to the performance of services under this Agreement including personnel to be employed shall be determined by Bayport. 4. The Fire Chief of Bayport shall maintain a duplicate record of all fire inspections made for Oak Park Heights. E 5. Bayport shall provide all fire inspections for Oak Park Heights as required by existing Oak Park Heights Ordinances and such other reasonable inspections as may be deemed necessary by Oak Park Heights in order to ensure compliance with the Fire Code. 6. Oak Park Heights shall collect Fifty Dollars ($50.00) for each fire inspection conducted by Bayport and shall pay the same to Bayport at least monthly. 7. The Bayport Fire Chief shall have the exclusive authority to determine interpretations and applications of the Fire Code for inspection in Oak Park Heights. Notwithstanding the forgoing, the Bayport Fire Chief shall confer with the City Administrator of Oak Park Heights before issuing any such interpretations and applications of the fire code on projects within Oak Park Heights. Enforcement of fire code requirements by way of judicial action for either criminal or civil sanction shall remain the exclusive responsibility of Oak Park Heights. ,8. Bayport reserves the right to decline to provide such fire inspection services with regard to any individual property within Oak Park Heights when, under such circumstances, the Bayport Fire Chief determines that the specific service sought is beyond the scope of his department to be able to provide, or where under such other circumstances or existing workloads within the Bayport Fire Department preclude a timely response for the request for such inspection services. II. GENERAL TERMS AND CONDITIONS The parties further agree as follows: 1 . Oak Park Heights shall not assume any liability for the direct payment of any salary, wage or other compensation to any Bayport employee for performing fire inspection services pursuant to this Agreement. 2. Bayport shall not assume any liability to supervise or enforce regulations of Oak Park Heights or the State of Minnesota affecting fire inspections. 2 3. Oak Park Heights, its officers, agents and employees shall cooperate with and assist Bayport in the orderly performance of services to be provided for herein. 4. 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. 5. 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 from the negligent act of Oak Park Heights, its officers, agents or employees in performance of this Agreement. 6. 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. 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. 7. It is understood this Agreement contains the entire agreement between Oak Park Heights and Bayport 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 3 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. III. EFFECTIVE AND TERMINATION DATES 1. Effective Date. This Agreement shall be in effect as of the date of its execution between the parties set forth above. 2. Termination. This Agreement shall terminate on December 31, 2002 unless otherwise renewed by the parties. IV. 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 fire inspection services to Oak Park Heights by Bayport, copies of all notices of claim shall be provided both parties to this Agreement. 4 3. Storage of Closed Files. Upon the completion of fire inspection services as it affects individual projects, the City of Bayport may retain Oak Park Heights' files for storage purposes for a reasonable period of time as may be determined in the discretion of the Fire Chief for Bayport. All open and closed files affecting fire inspection services to be rendered to Oak Park Heights pursuant to the terms and provisions of the Agreement shall remain the exclusive property of Oak Park Heights and Oak Park Heights 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 BAYPORT B Y•- (2 c-7:2— �' Jim osmo Its Mayor B /.1,.;� /��'�/7/' - rethH. Ha '*"�� ity Administrator CITY OF OA%` , HEIGHTS „II V f ��4 ,,,Z _i i 1 u•et Its Mayor By `_VV...v\-----„jcL Thomas M. Melena Its City Administrator 5