INTERGOVERNMENTAL AGREEMENT FOR BUILDING INSPECTION SERVICES Between the Village of Saukville and Village of Grafton

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1 INTERGOVERNMENTAL AGREEMENT FOR BUILDING INSPECTION SERVICES Between the Village of Saukville and Village of Grafton This agreement ( Agreement ) is made by and between the Village of Saukville and Village of Grafton, both municipal corporations located in the County of Ozaukee. The purpose of this agreement is for the Village of Saukville to contract with the Village of Grafton for the provision of building inspection services on an as needed basis within the Village of Saukville to ensure the Village of Saukville s compliance with applicable Village of Saukville and State building codes and ordinances. WHEREAS, the Village of Saukville is in need of building inspection services to inspect buildings for building code compliance; and WHEREAS, the Village of Grafton employs State certified inspectors for general construction, electrical, plumbing, HVAC, and commercial inspections; and WHEREAS, the Village of Saukville and Village of Grafton pursuant to Wisconsin State Statute (2) have the authority to enter into cooperative intergovernmental agreements; and NOW, THEREFORE, the Village of Saukville and Village of Grafton, in consideration of the mutual promises hereinafter set forth, do promise and agree as follows: 1. Parties Parties to this Agreement are the Village of Grafton (hereinafter Grafton ), a Wisconsin municipal corporation with its principal offices located at 860 Badger Circle, Grafton, Wisconsin, and the Village of Saukville, a Wisconsin municipal corporation with its principal offices located at 639 Green Bay Avenue, Saukville, Wisconsin. 2. Authority. The parties to this Agreement are authorized by law to enter into this Intergovernmental Agreement pursuant to Sec , Wis. Stats., which specifically allows intergovernmental cooperation between Villages. 3. Purpose The purpose of this Agreement is to provide building inspection services to Saukville to inspect buildings and provide those general municipal inspection services set forth in paragraph 4 below. 4. Services The Village of Saukville hereby contracts with the Village of Grafton for the provision of building, plumbing, electrical and HVAC inspection services on an as-needed basis and to provide the following services: a. Review applications for building permits and building plans submitted and issue building, plumbing, electrical, and HVAC and any related permits in compliance with applicable Village of Saukville Ordinances and the State of Wisconsin Uniform Dwelling Code. b. Perform all general inspections from footings to final occupancy as required by the Village of Saukville Ordinances, State Regulations, and permit requirements. Inspections normally will be performed Monday through Friday, excluding

2 weekends and holidays. Reasonable efforts will be made to complete inspections within 2 business days of a request. c. Issue orders to correct discrepancies in building code violations. d. Maintain computer records of building permit applications and permits issued, including such items as date applied, date issued, permit number, type, contractor, owner, property address, permit fees, and other monies collected. e. Provide information to builders, owners and residents of the Village of Saukville regarding the Building Codes and Ordinances either by phone or through established office hours at the Village of Grafton Inspection offices. f. Attend meetings upon special request by the Village of Saukville Administrator. g. Collect payments in the form of credit card or checks made payable to the Village of Saukville for all building, plumbing, electrical, and HVAC permit fees as established by resolution of the Village of Saukville Board. The Village of Saukville shall pick up checks on a monthly weekly basis. h. Appear in Village of Saukville Municipal Court or in Ozaukee County Circuit Court as requested by the Village of Saukville Administrator to provide testimony with respect to code enforcement and ordinance violations. i. Perform the Village of Saukville s responsibilities under the State of Wisconsin Uniform Dwelling Code and Uniform Building Code. j. All services shall be performed consistent with applicable state statutes and Village of Saukville Ordinances. If applicable, certified agent status services will be provided. k. The parties acknowledge that this agreement represents an independent contract relationship and that in no event shall any of the persons performing services for the Village of Grafton under this agreement be considered employees of the Village of Saukville. 5. Reports/Records During the term of this agreement, the Village of Grafton Building Inspection Department shall: a. Maintain separate files for Village of Saukville applications and permits, containing the information specified in Section 1.d. above, which will be turned over to the Village of Saukville once the final occupancy permit is issued. b. Provide the Village of Saukville a computer program report of services rendered as of the end of the month including a list of inspections made, permits issued and fees collected. c. Provide reports, documents, and files relating to building inspection to the Village of Saukville Administrator as may be requested from time to time.

3 d. Answer/respond to requests for open records made pursuant to Chapter 19 of the Wisconsin Statutes in coordination with the Village of Saukville Clerk's request for building inspection records. 6. Items Provided by the Village of Grafton The Village of Grafton shall provide the following related to the performance of this agreement: a. A direct phone line at Village of Grafton for building inspection services performed for Saukville pursuant to this Agreement. b. All necessary secretarial support for maintaining files while in the possession of the Village of Grafton. c. All code books, technical manuals and inspection equipment. d. All necessary professional organization dues and costs of on-going training and re-certification. e. A properly registered and insured vehicle for use while performing services within the Village of Saukville including the costs of maintenance, fuel, etc. required. 7. Items provided by the Village of Saukville a. Prior to the issuance of a building permit by the Building Inspector, the Village of Saukville will fax to the Village of Grafton Building Inspector notification of paid water and sewer connection fees as well as zoning requirements including conditional use permit requirements for a particular building permit application as requested by the Village of Grafton Building inspector. b. Provide required application forms, State Seals, and any required special office supplies or documents needed to process and file permits. c. During the contract periodprior to implementation of this agreement, the Village of Saukville will adopt all new fees and revise any existingall fees to match the Village of Grafton fees. d. Apply for certified agent status with the State of Wisconsin Department of Safety and Professional Services. e.d. Legal advice/support for any legal issues arising from the performance of duties by the Grafton building inspectors under this agreement, including, but not limited to, code enforcement actions, raze orders, special charge claims, open records requests, and other building inspection issues shall be provided by directly by the Saukville Village Attorney. 8. Payment to the Village of Grafton for Services Rendered Through this Agreement In consideration of the services to be performed by the Village of Grafton, the Village of Saukville shall pay the Village of Grafton for the services in the following manner: a. $500 per month plus 60% of the permit fee revenue invoiced monthly. b. Attendance at meetings with prior approval from both the Village of Grafton and Village of Saukville Administrators, at an hourly rate of $55.00 per hour. The first two meetings during the contract period shall be at no cost.

4 c. Municipal and Circuit Court testimony shall be charged at the hourly rate set forth in paragraph 8(b) above. d. Time spent on pre-existing known and active code enforcement issues shall be reimbursed at the hourly rate set forth in paragraph 8(b) above. e. The Village of Saukville shall pay the Village of Grafton $350 for the cost of the Village of Saukville s share of programming costs for the building permitting system on or before October 31, This cost does not include any future version updates which are still to be determined. Additional costs will be presented to the Board for prior review and approval. 9. Term of Agreement The term of this agreement shall commence January 1, 2013November 7, 2011, and shall continue through December 31, Termination of Agreement This agreement may be terminated without cause by either party upon 90 days written notice to the other party. All such notices shall be by certified mail or personally delivered as follows: Village of Saukville Clerk Village of Grafton Clerk Village of Saukville Village of Grafton 639 Green Bay Avenue 860 Badger Circle Saukville, WI Grafton, WI Assignment This agreement shall not be assigned to any other party without the written consent of the Village of Saukville. 12. Insurance The Village of Grafton shall maintain public liability insurance coverage and worker s compensation coverage for Grafton inspectors performing work under this Agreement. Pursuant to the hold harmless, indemnification, and release in paragraph 13, below, Saukville shall reimburse Grafton for additional costs incurred by Grafton as a result of work performed pursuant to this Agreement or any insurance claims made related to or as a result of the work performed under this Agreement. 13. Hold Harmless, Indemnification, and Release Grafton shall not be liable to Saukville or any third party for injuries, expenses, or damages resulting from work undertaken pursuant to this Agreement. Saukville shall indemnify and save harmless the Village, it s officers and employees, from all suits, actions or claims or costs of any kind, including actual reasonable attorney s fees, brought because of any injuries or damages received or sustained by any person, or persons or property on account of or related to this Agreement or its Purpose; or because of any act, omission, neglect, intentional act or negligence of Grafton or it s inspectors, agents, officers or employees; or because of any claims or amounts arising or recovered

5 under the Worker s Compensation Act relating to employees of the Grafton; or any other law, ordinance, order or decree relating to the work done pursuant to the Agreement. 14. Governing Law This agreement and all questions arising in connection herewith shall be governed by the laws of the State of Wisconsin. 15. Entire Agreement This agreement contains the entire agreement between the parties regarding this matter. This agreement may be modified only by an agreement to this agreement which is authorized by both the Village of Grafton Board and the Village of Saukville Board. The parties have executed this agreement on this 18th day of, 2012October, Village of Saukville A Municipal Corporation Village of Grafton A Municipal Corporation BY: Village of Saukville President ATTEST: ATTEST: BY: Village of Grafton President BY: Village of Saukville Clerk BY: Village of Grafton Clerk