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HomeMy WebLinkAbout2012-085 Council Resolution• CITY OF LINO LAKES RESOLUTION NO. 12 -85 RESOLUTION APPROVING A JOINT POWERS AGREEMENT WITH THE CITY OF HUGO FOR SHARING OF BUILDING INSPECTION SERVICES WHEREAS, Minnesota Statutes, Section 471.59, authorizes political subdivisions to enter into Joint Powers Agreements, and WHEREAS, the Cities of Lino Lakes and Hugo desire to provide mutual assistance and - cooperati-on in furnishing building inspection services, and WHEREAS, the agreement will enable the parties to submit building inspectors to a general pool to be administered by the City of Hugo in order to allow the participating cities and other cities to utilize inspectors from that pool to perform building inspections when and as needed. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Hereby approves the amended Joint Powers Agreement with the City of Hugo and • authorizes the Mayor and City Clerk to sign the Agreement. Adopted by the Council of the City of Lino Lakes this 27th day of August, 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member Rafferty and was duly seconded by Council Member Stoesz and upon vote being taken thereon, the following voted in favor thereof: Rafferty, Stoesz, Roeser, O'Donnell, Reinert The following voted against same: none ATTEST: Juli., e Bartell, Ci Jeff Reine , Mayor • • • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: INTRODUCTION CITY COUNCIL AGENDA ITEM 6C Michael Grochala August 27, 2012 Consideration of Resolution No. 12 -85 Approving Joint Powers Agreement Establishing Sharing of Building Inspection Services Simple Majority Staff is requesting council consideration of the Joint Powers Agreement (JPA) with the City of Hugo to provide mutual sharing of building inspection services. BACKGROUND: As part of ongoing discussions to evaluate municipal functions and maintain services during difficult budgetary conditions Lino Lakes, along with surrounding cities, has discussed establishment of a mutual aid program for building inspection services. The program is intended to supplement existing staffing levels by establishing a procedure and cost structure for providing back up inspection services between municipalities. Under the agreement participating cities would be able to either receive or provide building inspection services to each other based on the availability of staff. A pool of inspectors will be established from participating cities which may be drawn upon if needed. The city will have the ability to both retain services and provide services under the terms of the agreement. Inspection services will be billed at a rate of $43 per hour plus mileage. Alternatively cities may choose to exchange services in lieu of payments. Lino Lakes currently provides a similar service to the Town of White Bear. The City of Centerville recently approved the JPA with Hugo and will be one of the participating cities. RECOMMENDATION: Staff is recommending approval of Resolution No. 12 -85. ATTACHMENTS 1. Resolution No. 12 -85 2. Joint Powers Agreement • • • JOINT POWERS AGREEMENT ESTABLISHING SHARING OF BUILDING INSPECTION SERVICES THIS JOINT POWERS AGREEMENT ( "Agreement "), is made and entered into as of the day of , 2012, by and between the City of Hugo, a municipal corporation and the City of Lino Lakes, a municipal corporation. WITNESSETH: WHEREAS, the above - referenced Cities ( "participating City ") desire to provide mutual assistance and cooperation in furnishing building inspection services. WHEREAS, the above referenced participating cities desire to enter into a joint powers agreement pursuant to the authority granted under Minnesota Statutes sections 471.59 to enable the parties to submit building inspectors to a general pool to be administered by the City of Hugo in order to allow the participating cities and other cities to utilize inspectors from that pool to perform building inspections when and as needed. NOW THEREFORE, in consideration of the mutual terms, covenants, warranties and conditions set forth, the Parties hereto, intending to be legally bound hereby, mutually agree as follows: ARTICLE I A. Each participating city shall at all times have an appointed Building Official registered by the State of Minnesota. Each City's designated Building Official may choose to provide certified building inspector(s), licensed by the State of Minnesota as "Building Official" or "Building Official Limited," for participation in rendering building inspection services and may withdraw any names previously supplied. The participating Building Inspectors will be included in a pool of available building inspectors to be drawn upon by any other participating city choosing to utilize those services according to the then current term sheet attached as Exhibit A hereto; and; B. Participating Building Inspectors shall conduct only those inspections for which they are licensed and qualified, and; C. The City of Hugo shall maintain the names, phone numbers, email addresses and Minnesota License Information, of the current pool of building inspectors available to perform building inspection services and shall provide the list to all participating cities upon request or when inspector names are added or deleted, and; • D. Participating building inspectors shall only perform building inspection services • • and shall not conduct plan reviews, collect fees or issue permits, and; E. The City of Hugo shall not be responsible for administering or securing payment between participating cities. Payment shall be made according to the term sheet attached as Exhibit A, and; F. The City of Hugo will provide a method for participating Building Officials to communicate their inspection needs. Upon receiving a request for building inspection services from a participating city, the City of Hugo will make that request available to other participating cities. Arrangements for inspection services may occur between participating cities without involvement from the City of Hugo. G. Inspectors that are provided to the pool from any City shall take direction from the Building Official within the City that the inspection occurs. The inspector shall provide the required documentation of the inspection along with any correction notices. ARTICLE II Liability. For the purposes of the Minnesota Municipal Tort Liability Act, (Minnesota Statutes, Chapter 466), a building inspector providing services under this Agreement shall be deemed to be an employee of the party for which the services are being performed. The party performing the building inspection services agrees to defend and indemnify the party providing the building inspector against any claims brought or actions filed against the party providing the building inspector for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of any services pursuant to this Agreement. Under no circumstances, however, shall a party be required to pay on behalf of itself and the other party, any amounts in excess of the limits on liability established in Minnesota Statutes, Chapter 466 applicable to any one party. The limits of liability for the parties may not be added together to determine the maximum amount of liability for any party. The intent of this provision is to impose on each party a limited duty to defend and indemnify the other party for claims subject to the limits of liability under Minnesota Statutes, Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a • single attorney. • • Nothing herein shall be construed to provide insurance coverage or indemnification to an employee of any party for any act or omission for which the employee is guilty of malfeasance in office, willful neglect of duty, or bad faith. Hold Harmless. Each party agrees that it shall indemnify and save harmless, protect and defend the other party, its employees and agents from any or all liability, suits or demands, including the legal defense thereof, for bodily injuries, including death, or property damages, including loss of use arising out of any activity by itself or its employees and agents under this Agreement. Workers' Compensation. Each party shall be responsible for injuries or death of its own personnel. Each party will maintain workers' compensation insurance or self - insurance coverage, covering its own personnel while they are providing services pursuant to this Agreement. Each party waives the right to sue the other party for any workers' compensation benefits paid to its own employees or their dependents, even if the injuries were caused wholly or partially by the negligence of the other party or its officers, employees, or agents. ARTICLE III Authority, Binding Effect. Both parties represent and warrant that the individuals executing this Agreement on behalf of each of the parties have the full power and authority to execute and perform this Agreement, and this Agreement constitutes a legal, valid and binding obligation enforceable in accordance with its terms. ARTICLE IV Successors. All terms, covenants, and conditions of this Agreement shall be binding upon, and insure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns. This Agreement and the rights and obligations of any party hereunder shall not be assignable except with the written consent of the other party hereto, which consent shall not be unreasonably withheld. Severability. This Agreement is intended to be performed in accordance with, and only to the extent permitted by, all applicable laws, ordinances, rules and regulations. If any provision of this Agreement, or the application thereof to any person or circumstance, shall, for any reasons and to any extent, be invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby but rather shall be enforced to the extent permitted by law. • Termination. Any party may terminate its participation in this agreement at any time upon written notice provided however that the provisions of Articles II, III, and IV shall survive termination to the full extent needed for the protection of all parties. Waivers and Amendments. This Agreement may be amended or superseded, and its terms or covenants hereof may be waived, only by a written instrument executed by the parties hereto or in the case of a waiver, by the party waiving compliance. The failure of any party at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of the breach of any term or covenant contained in this Agreement or in any other such instrument, whether by conduct or otherwise, in anyone or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any breach, or a waiver of the breach of any other term or covenant contained herein. Updates to the term sheet attached as Exhibit "A" may be made annually by the City of Hugo with general consensus among participating cities to ensure proper management and coordination of the pool. Force Maieure. Neither party shall be held responsible for performance of this Agreement if the party's performance is prevented by acts or events beyond the party's reasonable control, including but not limited to: severe weather and storms, earthquake or other natural occurrences, strike and other labor unrest, power failures, electrical power surges or current fluctuations, nuclear or other civil military emergencies, or acts of legislative, judicial, executive or administrative authorities. Entire Agreement. It is understood and agreed that this entire Agreement contains, supersedes and replaces any and all agreements and negotiations, whether oral or written, between the parties relating to the subject matters herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates listed below: THE CITY OF HUGO BY: Bryan Bear, City Administrator DATE: BY: Fran Miron, Mayor DATE: • THE CITY OF LINO LAKES BY: DATE: BY: DATE: • • • • • BUILDING INSPECTOR SERVICES TERM SHEET July 20, 2012 1. The City of Hugo will establish an e -mail list including all participating Building Officials. 2. Any member of the pool may request inspection services from other members of the pool at any time via the e -mail list, or by other means. The request for inspection services should include the time, date, and nature of the inspection(s). 3. Each participating Building Official should evaluate their workload before offering an inspector to provide the service. Any inspector that is provided is expected to perform the inspection according to the directions provided by the receiving City's Building Official, and shall arrive on time for the scheduled inspections. 4. Fees in the amount of $43.00 per hour and mileage at the rate of $0.555 /mile, shall be payable to the providing city within 30 days of receipt of an invoice for the inspection services. The hourly rate is the average metro rate for a building inspector determined by the League of MN Cities annual survey multiplied by a factor of 1.4, then rounded to the nearest whole dollar. The mileage rate is that which is allowed in the most recent IRS determination. Participating cities may at their option, exchange services in lieu of paying the rates stated. 5. The building inspector shall only perform building inspection services and shall not conduct plan reviews, collect fees or issue permits. The Building Inspector shall provide to the receiving Building Official a copy of the proper inspection report with any correction notices. 6. The requesting City shall ensure that the building inspector has access to the improvements to be inspected to eliminate the need for multiple trips. In addition, the inspector shall have proper instructions from the Building Official and access to files and other important information that is needed for the inspection. The building inspector shall not be called upon to resolve disputes between the requesting city and the property owner or to render opinions reasonably judged by the inspector to be outside his area of expertise. 7. The building inspector shall be entitled to decline any inspection which in his reasonable judgment may jeopardize human life, safety or welfare. The building inspector will coordinate with requesting city personnel as reasonably requested. • • 8. If the building inspector is required to offer testimony in connection with any work done or observations made, then the requesting city shall compensate the building inspector at then current rates. 9. The building inspector shall always conduct himself in a professional manner in any participating City, and shall be polite and respectful of contractors, residents, and their properties.