Loading...
HomeMy WebLinkAboutResolution 8726 RESOLUTION 8726 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING A JOINT POWERS AGREEMENT WITH THE CITY OF NEW BRIGHTON FOR RENTAL DWELLING INSPECTION SERVICES IN 2017 WHEREAS, the City of Mounds View has a current unfulfilled need for rental dwelling inspection services; and, WHEREAS, the City of New Brighton has the staff and expertise to provide the needed rental dwelling inspection services to the City of Mounds View; and, WHEREAS,the cities of Mounds View and New Brighton have agreed upon certain terms associated with the requested rental dwelling inspection services, articulated in the attached Joint Powers Agreement; and, WHEREAS, the City Attorney has reviewed the attached Joint Powers Agreement and approved said agreement as to form. NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council does hereby approve the attached Joint Powers Agreement with the City of New Brighton, a one year agreement for Rental Housing Inspection Services, at a cost of 35% of the City's rental dwelling license revenue, or $9,000, whichever is greater. NOW, THEREFORE BE IT FURTHER RESOLVED, that the Mounds View City Council does hereby authorize the execution of said Agreement by the Mayor and City Administrator. Adopted this 13th day of March, 2017. 41i-e kk6ag, Carol A. Mueller, Mayor ATTEST: g(2/('`) - James Ericson, City Administrator (seal) EXHIBIT A JOINT POWERS AGREEMENT FOR RENTAL HOUSING INSPECTION SERVICES This Joint Powers Agreement for Rental Housing Inspection Services (this "Agreement") is made as of the day of , 2017, by and between the City of Mounds View, a Minnesota municipal corporation ("Mounds View") and the City of New Brighton, a Minnesota municipal corporation("New Brighton"). RECITALS WHEREAS, Mounds View is authorized and empowered to provide for rental housing inspection services to ensure the public health, welfare, and safety; and WHEREAS, Mounds View has concluded that the public's interest will be best served if it contracts with another public entity to provide rental housing inspection services; and WHEREAS, New Brighton currently has employees performing its rental housing inspections; and WHEREAS, New Brighton has determined that, in addition to providing rental housing inspections for itself, its employees have time to provide rental inspections for Mounds View; and WHEREAS, it is the desire of the parties and the purpose of this Agreement that Mounds View's rental housing inspections be performed by New Brighton on behalf of the City of Mounds View; and NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below, and pursuant to the authority of the parties to jointly exercise their powers under Minnesota Statutes, Section 471.59, the parties hereto agree as follows: ARTICLE I SCOPE OF SERVICES 1.1 The term of this Agreement shall be from April 1, 2017 until March 31, 2018, unless terminated earlier in accordance with Paragraph 3.8. The parties may mutually agree in writing to extend the term of this Agreement for subsequent one year terms. 1.2 New Brighton agrees to provide rental housing inspection services for Mounds View through its Department of Community Assets and Development. Commencing on April 3, 2017, New Brighton will provide one of its code compliance inspectors to Mounds View one day each week to conduct rental housing inspections for Mounds View for a period of 13 weeks (June 30, 2017). After this time period, New Brighton shall provide rental housing inspection services for Mounds View on an as-requested, but emergency needed basis only. 1 495061v1 SJS NE136-8 1.3 Services shall be conducted by New Brighton in compliance with local, state, and federal laws, rules, and regulations. 1.4 Under this Agreement, Mounds View shall receive and process any applicable rental license applications and fees prior to submittal to New Brighton. All special conditions and requirements imposed by Mounds View must be specified in writing and attached to the application prior to its submittal to New Brighton. Mounds View shall be solely responsible for collecting any applicable fees or charges required by existing laws, codes, or ordinances. 1.5 New Brighton shall not inspect a rental unit or dwelling without first receiving a request from Mounds View. 1.6 New Brighton shall also have the right and responsibility to inspect and issue correction orders for violations of applicable rental housing codes for any existing rental unit or dwelling determined by it not to be in compliance with the terms and provisions of the applicable codes. 1.7 New Brighton shall track the number of inspections required for each license and provide that information to Mounds View in a timely manner. 1.8 The New Brighton Code Compliance Inspector shall have the exclusive initial authority to determine interpretations and applications of the applicable codes for all rental dwellings inspected pursuant to this Agreement. New Brighton shall confer with the Mounds View City Administrator or his or her designee, before issuing any such interpretations and applications of the applicable codes that might have an extraordinarily significant effect on existing rental properties. An extraordinarily significant effect shall be reasonably determined by the New Brighton Code Compliance Inspector. 1.9 Upon completion of the requested inspection, New Brighton shall forward the original inspection records to Mounds View. All such records shall be kept on file by Mounds View pursuant to state law. All such original records shall remain the exclusive property of Mounds View. New Brighton may retain a copy of any inspection record as required for re-inspection purposes. 1.10 Enforcement and prosecution of any applicable code requirements by way of judicial action for either criminal or civil sanction shall remain the exclusive responsibility of Mounds View. New Brighton shall reasonably cooperate with Mounds View in any enforcement procedures. 1.11 The New Brighton employee conducting the rental property inspections will advise Mounds View residents and contractors with code questions and issues applicable to rental housing. 2 495061v1 SJS NE136-8 1.12 Services provided by New Brighton under this Agreement will be rendered with the same professionalism, care, and promptness in Mounds View as New Brighton provides within New Brighton for the citizens of New Brighton. ARTICLE II FEES 2.1 New Brighton shall be compensated 35 percent of Mounds View's yearly rental license revenues, except that payment shall not be less than $9,000.00. Payment along with a summary of fees collected shall be submitted yearly by Mounds View to New Brighton no later than July 31St 2.2 Upon execution of this Agreement by both parties, New Brighton also shall be compensated by Mounds View in the amount of$500.00 for the costs incurred by New Brighton in the preparation and negotiation of this Agreement. 2.3 The above amounts are the only amounts due to New Brighton. New Brighton is responsible for all costs associated with the conduct of its operations, including but not limited to,transportation, mileage,training, licensing, and insurance costs. ARTICLE III GENERAL TERMS AND CONDITIONS 3.1 Mounds View shall not assume any liability for the direct payment of any salary, wage, workers' compensation, income tax withholding, or any other type of compensation to any New Brighton employee for performing any inspection or code compliance service(s) pursuant to this Agreement. This remains the responsibility of New Brighton. 3.2 Mounds View shall also be solely responsible to determine compliance with its own zoning, land use regulations and all other regulatory bodies and political subdivisions having the jurisdictional authority within Mounds View. 3.3 Mounds View, its officials, agents, and employees shall cooperate with and assist New Brighton in the orderly performance of services to be provided for herein. 3.4 All applications for rental licenses and inspections shall be made on forms utilized and maintained at Mounds View city offices. 3.5 The books, records, documents, and accounting procedures of New Brighton relevant to this Agreement, are subject to examination by Mounds View and either the legislative or state auditor as appropriate,pursuant to Minnesota Statutes. 3.6 This Agreement represents the entire Agreement between New Brighton and Mounds View and supersedes and cancels any and all prior agreements or proposals, written or 3 495061v1 SJS NE136-8 oral, between the parties relating to the subject matter hereof, any amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 3.7 Both parties agree to comply with all applicable state, federal and local laws, rules, and regulations. 3.8 This Agreement may be terminated by either party on 20 days written notice for any reason. 3.9 New Brighton agrees to defend, indemnify and hold harmless Mounds View, and its officials, agents, and employees from and against all claims, actions, damages, losses, and expenses arising out of or resulting from New Brighton's performance of the duties required under this Agreement, to the extent caused by any negligent act or omission or willful misconduct of New Brighton. Mounds View will reimburse New Brighton for any payments made by New Brighton under the deductible provision of its liability insurance policy for claims indemnified or defended by New Brighton under this paragraph. 3.10 Mounds View agrees to defend, indemnify and hold harmless New Brighton, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from Mounds View's performance of the duties required under this Agreement, to the extent caused by any negligent act or omission or willful misconduct of Mounds View. 3.11 Each party shall carry liability insurance in the amount of at least $500,000 per individual and $1,500,000 per occurrence, and property damage liability insurance in the amount of $100,000. Each party shall have the other named as an additional insured, and provide a certificate of said insurance. Each party shall carry workers' compensation insurance as required by Minnesota Statutes Section 176.181, subdivision 2 and will provide a certificate of said insurance to the other. 3.12 Nothing herein shall be deemed a waiver by either party of the limitations on liability set forth in Minnesota Statutes Chapter 466. 3.13 Any employee assigned by New Brighton to perform its obligations hereunder shall remain the exclusive employee of New Brighton for all purposes including, but not limited to, wages, salary, and employee benefits. 3.14 It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the person employed by New Brighton as the agent, representative or employee of Mounds View for any purpose or in any manner whatsoever. New Brighton is to be and shall remain an independent contractor with respect to all services performed under this Agreement. New Brighton represents that it has, or will secure at its own expense, all personnel required in performing services under 4 495061v1 SJS NE136-8 this Agreement. Any and all personnel of New Brighton or other persons, while engaged in the performance of any work or services required by New Brighton under this Agreement, shall have no contractual relationship with Mounds View and shall not be considered employees of Mounds View, and any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against New Brighton, its officials, agents, contractors, or employees shall in no way be the responsibility of Mounds View; and New Brighton shall defend, indemnify and hold Mounds View, its officials, agents, and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from Mounds View, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers' compensation, unemployment compensation, disability, severance pay, and PERA. 5 495061v1 SJS NE136-8 IN WITNESS WHEREOF, the parties have set forth their hands on the day and year first written above. CITY OF MOUNDS VIEW By: Its: Mayor By: Its: City Administrator CITY OF NEW BRIGHTON By: Its: Mayor By: Its: City Manager 6 495061v1 SJS NE136-8