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
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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
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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
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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.
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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.
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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:
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THE CITY OF LINO LAKES
BY:
DATE:
BY:
DATE:
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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.
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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.