6. Building Inspection AgreementAGREEMENT TO PROVIDE
BUILDING INSPECTION SERVICES
This Agreement is made and entered into this 8th day of November, 2011, between the
City of Forest Lake, a Minnesota municipal corporation ("Forest Lake") and the City of Scandia,
a Minnesota municipal corporation ("Scandia").
WITNESSETH:
WHEREAS, Forest Lake employs full -rime in-house building officials to perform
building inspection services within Forest Lake (`Building Official"); and
WHEREAS, Scandia previously employed a building inspection official to provide
building inspection services within Scandia; and
WHEREAS, Forest Lake and Scandia desire to enter into a contract with each other for
the performance, by the Building Official, of building inspection services within the boundaries
of Scandia, on a fee basis, on the terms and conditions hereinafter set forth; and
WHEREAS, such contracts are authorized and provided for by the provisions of
Minnesota Statutes Section 471.59.
NOW, THEREFORE, in consideration of the mutual undertakings set forth herein, Forest
Lake and Scandia agree as follows:
I. PURPOSE.
This Agreement establishes terms upon which Forest Lake will provide part-time building
inspection services to Scandia through the Building Official. Forest Lake agrees to provide
building inspection services to Scandia and Scandia engages such services in accordance with
this Agreement.
II. LEVEL OF SERVICE.
During the time that this Agreement is in effect and subject to all terms and conditions herein,
Forest Lake will provide building inspection services to Scandia, through the shared time of the
Building Official, encompassing the following duties, functions and services:
1. Providing building inspection services as required for enforcement and administration
of the Minnesota State Building Code as adopted by the Minnesota Commissioner of
Administration from time to time pursuant to Minn. Stat. 16B.59 -16B.73, including
the rules and codes adopted by reference therein adopted by the City of Scandia
("Building Code"). Specifically included are all services relating to general
construction, plumbing, heating, ventilating, air conditioning and refrigeration work
for which a permit is required under the Building Code. The parties expressly
acknowledge that electrical services are not to be provided by Forest Lake as a part of
the services herein.
2. Evaluating compliance with building codes for a range of building types, including,
but not limited to: residential, commercial, and industrial properties
3. Conducting plan review for conformance with the Codes specified herein and
approve, or disapprove same indicating reasons for such disapproval;
4. Acting as a resource to residents in matters relating to building code compliance,
zoning, and inspection, as requested by Scandia.
5. Assist in all Building Code violation prosecutions with the Building Official's time,
records, and expert information.
Forest Lake and Scandia have prepared and agreed upon an initial Plan of Service attached hereto
and incorporated herein as Exhibit A.
III. PERSONNEL
The Building Official is an employee of Forest Lake. Any personnel policies applicable to Forest
Lake employees shall apply to the Building Official, and Forest Lake shall be solely responsible
for the salary, wages, workers compensation, PERA, withholding tax and health insurance, other
compensation and fringe benefits of the Building Official.
The standards of performance, methods of providing building inspection services, and other
matters incidental to the performance of building inspection services under this Agreement,
including the selection of personnel to be employed, shall be solely determined by Forest Lake,
except that, when providing building inspection services within Scandia, the Building Official
shall follow and enforce Scandia's Codes and Ordinances. Scandia will inform Forest Lake if
the level of service pursuant to this Agreement is of concern or if additional services are
requested.
IV. CHARGES FOR BUILDING INSPECTION SERVICES.
Scandia shall receive all fees described in Ordinances 106 and 114 attached hereto as Exhibits B
and C.
Scandia shall pay to Forest Lake for the Building Inspection Services rendered by Forest Lake to
Sandia as follows:
1. Providing Building Inspection
Services as required for enforcement
and administration of the Minnesota
State Building Code —
2. Plan Review --
3. Mileage -
$53.00 per hour
65% of the permit fees as shown on
Exhibits B and C attached
As allowed by the Internal Revenue
Service (currently 55.5¢ per mile)
Payments for building inspection services due to Forest Lake by Scandia shall be billed monthly
to Scandia and paid within 30 days of receipt of an invoice therefore.
VJ Y�l�u[I]a7.Ce3�:DIATis7;"
This Agreement shall be effective as of November 9, 2011, and shall continue indefinitely unless
terminated by either party. Either parry may terminate this Agreement for any reason by giving
60 days prior written notice. Forest Lake shall provide all building inspection services referred to
in Section II up to the date of termination.
This Agreement may be extended upon mutual agreement of the parties.
All written notices under this Agreement shall be mailed to the addresses indicated below:
To Forest Lake: City Administrator
City of Forest Lake
220 North Lake Street
Forest Lake, MN 55025
To Scandia: City Administrator
City of Scandia
14747 209' Street North
Scandia, MN 55073
VI. RELATIONSHIP OF PARTIES AND INDEMNIFICATION.
This Agreement shall be construed as a joint powers agreement between Forest Lake and
Scandia, as authorized by Minnesota law. The Building Official performing building inspection
services pursuant to this Agreement shall, at all times, remain an employee solely of Forest Lake
and shall have no employment relationship, express or implied with Scandia.
Scandia shall indemnify and defend Forest Lake and the Building Official, with respect to all
claims, demands, losses, lawsuits settlements, penalties and other charges, arising out of the
performance of the Building Official's duties under this Agreement, provided, however, that this
duty to indemnify and defend shall apply only to claims, demands, losses, lawsuits, settlements,
penalties and other charges caused in part by negligent acts or omissions, or willful misconduct,
by the City of Scandia. Scandia shall provide evidence satisfactory to Forest Lake that Scandia
has insurance coverage sufficient to cover this obligation to defend and indemnify Forest Lake.
Forest Lake shall indemnify and defend Scandia with respect to all claims, demands, losses,
lawsuits, settlements, penalties and other charges, arising out of the performance of the Building
Official's duties under this Agreement, provided, however, that this duty to indemnify and
defend shall apply only to claims, demands, losses, lawsuits settlements, penalties and other
charges caused by negligent acts or omissions, or willful misconduct, by the City of Forest Lake.
Forest Lake shall provide evidence satisfactory to Scandia that Forest Lake has insurance
coverage sufficient to cover this obligation to defend and indemnify Scandia.
VII. CODES AND ORDINANCES.
Scandia has adopted by Ordinance the Minnesota State Building Code as adopted by the
Minnesota Commissioner of Administration from time to time pursuant to Minn. Stat. 16B.59 -
16B.73, including the rules and codes adopted by reference therein (Exhibit D attached). The
Building Official shall be responsible for advising Scandia staff and Scandia City Council of
Building Code changes.
While this Agreement is in effect, Scandia shall provide a copy of current Scandia codes and
ordinances to Forest Lake.
VIII. AGREEMENT.
This Agreement contains the entire agreement and understanding between Forest Lake and
Scandia and no statements, promises or inducements made by any party hereto, or officer, agent
or employee of either party hereto, which is not contained in this written Agreement shall be
valid and binding. This Agreement may not be enlarged, modified or altered except in writing
signed by the parties and endorsed hereon.
A waiver by any party of any term of condition of this Agreement shall not be deemed or
construed to be a waiver of such term or condition for the future or any subsequent breath
thereof.
Each party shall execute and deliver any and all documents and shall perform all acts reasonably
necessary to carry out the provisions of this Agreement.
IX. DATA PRACTICES.
Scandia and Forest Lake agree to comply with the Minnesota Data Practices Act and all other
State and Federal laws relating to data privacy or confidentiality. Scandia and Forest Lake will
immediately report to each other any requests from third parties for information relating to this
Agreement or the building inspection services provided pursuant to this Agreement.
Furthermore, Scandia and Forest Lake agree to promptly respond to inquiries from each other
concerning data requests.
X. AUDITS.
The books, records, documents, and accounting procedures and practices of Scandia and Forest
Lake related to this Agreement are subject to examination by each other and either the
Legislative Auditor or the State Auditor for a period of six years after the effective date of this
Agreement.
XI. WORKER'S COMPENSATION.
Forest Lake represents and warrants that it has and will maintain during the performance of this
Agreement workers' compensation insurance coverage required pursuant to Minn. Stat.
§176.181, subd. 2 and that the certificate of insurance is current and in force and effect.
IN WITNESS WHEREOF, the parties have signed this Agreement on the date above
written:
CITY OF
SCANDIA:
By:
Randall Simonson
Its: Mayor
Anne Hurlburt
Its: Clerk/Administrator
CITY OF ST
By:
ChlWohnso
Its: Mayor
By: 5
Ellen Paulseth
Its: Interim Clerk
Exhibit A
Plan of Service
Hours of Operation — The Building Official will be available Monday through Friday from 8:00
a.m. to 4:30 p.m.
Applications for Permits — Applications for permits shall be made at the Scandia city office,
Administrative Support — Forest Lake and Scandia agree to provide administrative support for
the Building Official for each respective jurisdiction.
Reporting — The Building Official will provide support to Scandia for all requisite reporting.
Council Meetings — The Building Official will attend Council meetings as requested by the
Scandia City Administrator.
Inspection Scheduling — Requests for inspections shall be made through the Building Official's
office staff by calling 651464-4349. A minimum 24-hour advance notice is required.
Exhibit B
CITY OF SCANDIA
ORDINANCE NO. 106
AN ORDINANCE AN ORDINANCE ESTABLISHINGFEES FOR BUILDING PERMITS
ISSUED BY THE CITY OF SCANDIA
The City Council of the City of Scandia, Washington County, Minnesota hereby ordains:
Section 1. Findings. The issuance ofpermits and the collection of building permit fees
shall be as authorized in Minnesota Statutes, 16B.62, subdivision 1. These fees are deemed fair,
reasonable and proportionate to the actual cost of the service for which the fee is imposed.
Section 2. Fees.
(A) Building Permit Fees. The following schedule of permit fees shall remain
effective until revoked by action of the City Council:
TOTAL VALUATION
BUILDING PERMIT FEE
$1.00 to $2,000.00
$69.50 (minimum permit fee)
$2,000.01 to $2500.00
$69.50 for the first $2,000.00 plus $14.00 for each
additional $1,000.00, or fraction thereof, to and including
$25,000.00
$25,000.01 to $50,000.00
$391.25 for the first $25,000.00 plus $10.10 for each
additional $1,000.00, or fraction thereof, to and including
$50,000.00
$50,000.01 to $100,000.00
$643.75 for the first $50,000.00 plus $7.00 for each
additional $1,000.00, or fraction thereof, to and including
$100,000.00
$100,000.01 to $500,000.00
$993.75 for the first $ I00,000.00 plus $5.60 for each
additional $1,000.00, or fraction thereof, to and including
$500,000,00
$500,00.01 to $1,000,000.00
$3,233.75 for the first $500,000.00 plus $4.75 for each
additional $1,000.00, or fraction thereof, to and including
$1,000,000.00
$1,000,000.01 and up
$5,608,75 for the first $1,000,000.00 plus $3.15 for each
additional $1,000.00, or fraction thereof
(B) Plan Review Fees. A plan review fee of 65% of the permit fee shall be collected
with the permit fee. Plan review fees for similar buildings shall be 25% of the building permit
fee. Similar buildings shall be defined as provided by the Minnesota Building Code. The
Building Official shall determine whether the plan is substantially similar to the master pian.
(C) Surcharge Fees, Surcharge fees shall be collected on all permits issued for work
governed by the Minnesota Building Code in accordance with Minnesota Statute 16B.70,
(D) Plumbing Permit Fees. The minimum building permit fee listed in the table in
Section (A), above, shah apply to plumbing work within a residential structure. The fee for
other plumbing permits shall be the minimum fee or 1.5% of the estimated cost, whichever is
greater.
(E) Mechanical Permit Fees (Heating, Air Condition, Ventilation and
Refrigeration.) The minimum building permit fee listed in the table in Section (A), above, shall
apply to the installation of any central heating and/or air conditioning system within a residential
structure, The fee for other mechanical permits shall be the minimum fee or 1.5% of the
estimated cost, whichever is greater
(F) Other Inspections and Fees:
1. Inspections outside of normal business hours: $50.00 per hour
2. Re -inspection fees assessed under provisions of Section
$50.00 per hour
305.8
3. Inspections for which no fee is specifically indicated
$50,00 per hour
(minimum charge — one-half hour)
4. Additional plan review required by changes, additions or
$50.00 per hour
revisions to plans
5. For use of outside consultants for plan checking and
Actual costs
inspections, or both
Section 3. Building valuation. The permit fee shall be based upon the value of the
work (including labor and materials) as determined by the Building Official. The Building
Offtical shall consult valuation data published annually by the Minnesota Codes and Standards
Division in making this determination.
Section 4. Returned building permit applications. A fee of 50% of the phut review
fee shall be charged for permit applications that are returned without issuance—
Section
ssuance
Section S. Refunds. The City may refund fees for building, plumbing and.mechanical
permits on which no work has been done and no inspections have been made. Request for
refunds must be in writing, signed by the permit bolder, and submitted within one year of permit
issuance. The City shall retain 20% of the permit fee. Plan review fees are not refundable.
Section 6. Double Fees. If a person begins work of any kind for which a permit from
the City is required without having secured the necessary permit therefore, either previous to or
on the date of commencement of the work, he or she shall, when subsequently securing such
permit, pay double the fee provided for the permit.
Section 7. Effective pate. This ordinance shall be effective upon its adoption.
Passed and adopted by file City Council of the City of Scandia this 16th day of October, 2007.
Dennis D. Seefeldt, Mayor
ATTEST:
Anne Huriburt, ClerldAdministrator
Exhibit C
CITY OF SCA.NDIA
ORDINANCE NO. 114
AN ORDINANCE AMENDING ORDINANCE NO. 106
ESTABLISHING FEES FOR BUILDING PERMITS
ISSUED BY THE CITY OF SCANDIA
The City Council of the City of Scand* Washington County, Minnesota hereby ordains:
Section 1. Amendment. Ordinance No. 106, Section 2, article (A) shall be amended to
read as follows:
(A) Building Permit Fees. The following schedule of permit fees shall remain
effective until revoked by action of the City Council:
TOTAL VALUATION
BUILDING PERMIT FEE
$1.00 to $4,000.00
$99.50 (minimum permit fee)
$4,000.01 to $25,000.00
$99.50 for the first $4,000.00 plus $14.00 for each
additional $1,000.00, or fraction thereof, to and including
$25,000.00
$25,000.01 to $50,000.00
$391.25 for the first $2S,000.00 plus $10.10 for each
additional $1,000.00, or fraction thereof; to and including
$50,000.00
$50,000.01 to $100,000.00
$643.75 for the first $50,000.00 plus $7.00 for each
additional $1,000.00, or fraction thereof, to and including
$100,000.00
$100,000.01 to $500,000.00
$993.75 for the first $100,000,00 plus $5.60 for each
additional $1,000,00, or fraction thereof, to and including
$500,000.00
$500,00.01 to $1,000,000.00
$3,233.75 for the first $500,000.00 plus $4.75 for each
additional $1,000.00, or fraction thereof, to and including
$1,000,000.00
$1,000,000.01 and up
$5,608.75 for the fust $1,000,000,00 plus $3.15 for each
additional $1,00D.00, or fraction thereof
All other provisions of Ordinance No. 106 shall remain in effect as adopted.
Section 2. Effective Date. This ordinance shall be effective upon its adoption and
publication according to law.
Passed and adopted by the City Council of the City of Scandia this 6th day of January, 2009.
Dennis D. Seefeldt, Mayor
ATTEST:
Anne Hurlburt, Clerk/Administrator
Exhibit D
CITY OF SCANDIA
ORDINANCE NO, 105
AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE,
PROVIDING FOR THE APPLICATION, ADMINISTRATION, AND ENFORCEMENT
OF THE MINNESOTA STATE BUILDING CODE AV REGULATING THE
ERECTION, CONSTRUCTION, ENLARGEME NT, ALTERATION, REPAIR,
MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT,
USE, HEIGHT, AREA, AND MAINTENANCE OF ALL BUILDINGS AND/OR
STRUCTURES IN THE CITY OF SCANDIA; PROVIDING FOR THE ISSUANCE OF
PERMITS AND COLLECTION OF FEES THEREFOR; PROVIDING PENALTIES FOR
VIOLATION THEREOF; REPEALING ALL ORDINANCES AND PARTS OF
ORDINANCES THAT CONFLICT THEREWITH
The City Council of the City of Scandia, Washington County, Minnesota hereby ordains:
Section 1. Codes adopted by reference. The Minnesota State Building Code, as
adopted by the Commissioner of Administration pursuant to Minnesota Statutes chapter 1613.59
to 16B75, including all of the amendments, roles and regulations established, adopted and
published from time to time by the Minnesota Commissioner of Administration, through the
Building Codes and Standards Division is hereby adopted by reference with the exception of the
optional chapters, unless specifically adopted in this ordnance. The Minnesota State Building
Code is hereby incorporated in this ordinance as if fully set out herein. This ordinance shall
perpetually include the most current edition of the Minnesota State Building Code, with the
exception of the optional appendix chapters, which shall not apply unless specifically adopted.
Section 2. Application, administration and enforcement. The application,
administration, and enforcement of the code shall be in accordance with the Minnesota State
Building Code. The cods enforcement agency of this municipality is called the City of Scandia
Building Inspections Department This code shall be enforced by the Minnesota Certified
Building Oficial designated by the City of Scandia to administer the code (Minnesota Statute
16B.65, Subdivision 1.)
Section 3. Permits required. It is unlawful to conduct any activity in the City for
which a permit is required by any provision of the Building Code without fust obtaining a
permit from the City in the manner provided by this section. Application for a permit shall be
made to the Building Official on forms furnished by the City. The application shall contain
information as to location, nature, extent and costs of the proposed structure, work, installation,
activity, or other purpose, and other information which the Building Official may require under
the Code. Upon determination that the permit application meets the requirements of the Code
and all other codes and ordinances of the City of Scandia, the permit shall be issued.
Section 4. Permit fees. Permit fees and plan review fees shall be assessed for work
governed by the Code in accordance with the fee schedule adopted by the City of Scandia by
ordinance. All fees shall be collected by the City before the issuance of any permit.
Section 5, Building Code optional chapters. The Minnesota State Building Code,
established pursuant to Minnesota Statutes 168.59 to 16B.75 allows the municipality to adopt by
reference and enforce certain optional chapters of the most current edition of the Minnesota State
Building Code. The following optional provisions identified in the most current edition of the
State Building Code are hereby adopted and incorporated as part of the building code for the
City of Scandia:
I. International Building Code Appendix J (Grading)
Section 6. Violations and penalties. A violation of the code is a misdemeanor
(Minnesota Statutes 16B.69,) The city may also institute appropriate actions or proceedings to
prevent, retrain, correct or abate violations or threatened viulations of this Ordinance.
Section 7. Repeal. Any ordinance or provision of an ordinance heretofore existing
pertaining to the subjects treated in this ordinance shall be deemed repealed from and after the
effective date of this ordinance, provided that this repeal shall not affect any right established
prior to the effective date of this ordinance or the provisions of any valid permit issued prior to
the effective date of this ordinance.
Section S. Effective Date. This ordinance shall be effective upon its adoption.
Passed and adopted by the City Council of the City of Seandia this 16th day of October,
2007,
Dennis D. Seefeldt, Mayor
ATTEST:
Anne Hurlburt, ClerVAdministrator