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HomeMy WebLinkAboutResolution 9188RESOLUTION NO 9188 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVAL OF JOINT POWERS AGREEMENT WITH THE CITY OF SPRING LAKE PARK TO PROVIDE BUILDING OFFICIAL SERVICES SUPPORT WHEREAS, The City of Mounds View is adjacent to the City of Spring Lake Park and shares a common park and fire department; and WHEREAS, the cities have entered into Joint Power Agreements with them for those operations; and WHEREAS, the City of Spring Lake Park is requesting assistance for their Building Official operation during a time period while their newly hired code/fire/building official obtains full certification; and WHEREAS, the agreement provides the base for further shared services benefiting both communities and ensuring Mounds View is not held liable nor will it suffer negative fiscal consequences. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council authorizes execution of the Joint Powers Agreement with Spring Lake Park for Building Official services. Adopted this 12th Day of November, 2019. AA�411m�/ Carol A. Mueller, Mayor ATTEST NZik nd, City Administrator The ?Mounds View Vision A 77?ri mnt Desirable C O)II171uowl: JOINT POWERS AGREEMENT THIS AGREEMENT made as of the day of . 2019, between the City of Mounds View, a Minnesota municipal corporation (hereinafter "Mounds View"), and the City of Spring Lake Park, a municipal corporation (hereinafter "Spring Lake Park"), (Mounds View and Spring Lake Park are collectively referred to hereinafter as the "parties"). RECITALS WHEREAS, pursuant to Minn. Stat. §471.59 et. SeMc . and other applicable statutes and the express and implied powers of the parties, the parties are authorized to enter into this Joint Powers Agreement (hereinafter this "Agreement") for their mutual benefit; and WHEREAS, Mounds View employs a licensed Building Official to complete building permit review for properties within the City of Mounds View; and WHEREAS, Spring Lake Park currently employs a licensed Building Inspector and separately contracts for Building Official services within the City of Spring Lake Park; and WHEREAS, the Spring Lake Park Building Inspector is currently pursuing licensure as a Building Official and desires experience conducting building permit review under the supervision of a licensed Building Official; and WHEREAS, the City of Mounds View, through its Building Official, is willing to provide building permit review services to the City of Spring Lake Park and licensed review and supervision of the Spring Lake Park Building Inspector's Building Official permit review work related to properties located within Spring Lake Park, until such time as the Spring Lake Park Building Inspector achieves licensure as a full Building Official and this Agreement is thereafter or otherwise terminated; and WHEREAS, the City of Spring Lake Park is willing to compensate the City of Mounds View for provision of these services by the Mounds View Building Official at an agreed upon hourly rate and further provide indemnification to the City of Mounds View for any potential claims against the City of Mounds View related to the Spring Lake Park Building Inspector's work completed under the supervision of the Mounds View Building Official. NOW, THEREFORE, it is hereby declared and agreed as follows: 1. The City of Mounds View hereby agrees to provide licensed building permit review services, through its licensed Building Official, to the City of Spring Lake Park and licensed review and supervision of the Spring Lake Park Building Inspector's Building Official permit review work related to properties located within Spring Lake Park, until such time as the Spring Lake Park Building Inspector achieves licensure as a full Building Official and this Agreement is thereafter or otherwise terminated. 2. The City of Spring Lake Park shall compensate the City of Mounds View for the provision of these services at a rate of $ per hour. On a monthly basis, the City of Mounds View shall invoice the City of Spring Lake Park for services performed. The City of Spring Lake Park shall pay such invoices within 30 days of receipt of the same. 3. The City of Spring Lake Park shall indemnify, defend, and hold harmless the City of Mounds View, its officers, employees, agents and others acting on its behalf from any and all loss, damage, liability, cost, and expense of any kind whatsoever, including reasonable attorneys' fees, resulting from actions, claims, or proceedings brought, or any loss or damage of any type whatsoever, sustained as a direct result of the negligence or misconduct of the Spring Lake Park Building Inspector in the performance of the work which is subject to the Mounds View Building Official's review. This obligation shall not apply to actions directly attributable to the Mounds View Building Official's own negligence or misconduct or actions for which the City of Mounds View is not obligated to defend and indemnify the Mounds View Building Official pursuant to Minn. Stat. Section 466.07, subd. 1. This indemnification obligation shall only require Spring Lake Park's indemnification of Mounds View under the circumstances contemplated herein, and shall not require the City of Spring Lake Park to indemnify the Spring Lake Park Building Inspector for actions for which Spring Lake Park is not obligated to defend and indemnify the same pursuant to Minn. Stat. Section 466.07, subd. 1. 4. It shall be the responsibility of the Mounds View Building Official to maintain active Minnesota Building Official licensure throughout the term of this Agreement. If at any time during the term of this Agreement the Mounds View Building Official receives notice of, or otherwise becomes aware of, any action which affects or has the potential to affect the Mounds View Building Inspector's license to conduct permit review, the City of Mounds View shall immediately provide notice of the same to the City of Spring Lake Park. In such event, either party may immediately terminate this Agreement, upon written notice to the other party. Either party may terminate this Agreement at any time and for any reason or no reason, upon sixty (60) days' written notice to the other party. Either party may terminate this Agreement immediately upon a material breach of this Agreement by the other party or as contemplated in the above paragraph 4. In the event of termination, the City of Spring Lake Park shall be responsible for payment for all services performed prior to such termination. The indemnification obligations outlined within paragraph 3 of this Agreement shall survive termination. [Signatures on following page] IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. CITY OF SPRING LAKE PARK By JIts By Its CITY OF MOUNDS VIEW 4 By _ 4,4AZ Its TYIA t7 By Its ,�,,� �, r, -