Loading...
4.7. SR 06-17-2013 City of Elk REQUEST FOR ACTION River TO ITEM NUMBER Mayor and City Council 4.7 AGENDA SECTION MEETING DATE PREPARED BY Consent June 17, 2013 T.John Cunningham,Fire Chief ITEM DESCRIPTION REVIEWED By Agreement for Building Official Services with City of St. Francis Cal Portner, City Administrator REVIEWED BY ACTION REQUESTED Approve by motion agreement for Building Official Services with the City of St. Francis. BACKGROUND/DISCUSSION Recently,the City of St. Francis approached the City of Elk River regarding backup building inspection services. In the event of an absence of the St. Francis Building Official, they wanted to have a pre- existing relationship and agreement in place with Elk River so that building inspection-related services could continue, limiting the amount of disruption for residents and businesses. Staff from both St. Francis and Elk River met to discuss shared services and St. Francis later brought back a signed Agreement for Building Off al Services between the City of Elk River, Minnesota and the City of St. Francis, Minnesota, a copy of which is attached hereto for Council Approval. Staff does not anticipate a significant increase in workload as this agreement is designed for backup services. Staff will, however, continue to monitor the workload to ensure that appropriate personnel and resources are available to handle the additional responsibilities. FINANCIAL IMPACT The City of St. Francis will pay the City of Elk River $50/hour plus mileage, as determined by the maximum rate permitted as a nontaxable expense by the IRS. ATTACHMENTS ■ Agreement for Building Official Services between the City of Elk River,Minnesota and the City of St. Francis,Minnesota POWERED BY N:\Public Bodies\Agenda Packets\06-17-2013\x4.7 si.docx Na MAY 16 AGREEMENT FOR BUILDING OFFICIAL SERVICES BETWEEN THE CITY OF ELK RIVER,MINNESOTA AND THE CITY OF ST. FRANCIS,MINNESOTA This agreement ("Agreement") is made and entered into this day of , 2013 by and between the City of St. Francis, a Minnesota municipal corporation ("St. Francis") and the City of Elk River, a Minnesota municipal corporation ("Elk River"). The Cities will collectively be referred to as the parties. WHEREAS, St. Francis has a Building Official position ("St. Francis Building Official"); and WHEREAS, Elk River has a Fire and Building Safety division; (FABS) and a Building Official position (`Elk River Building Official"); and WHEREAS, St. Francis and Elk River are committed to obtaining efficiencies in providing services to their respective citizens through the use of shared service arrangements; and WHEREAS, the parties have held discussions and determined that it is in the best interests of both Cities to have the Elk River Building Official provide Building Official services to the St. Francis in instances in which the St. Francis Building Official is absent, whether because of vacation, sick leave or otherwise or is in need of additional assistance; and WHEREAS,this Agreement will detail the terms of that shared service; and NOW THEREFORE, in consideration of the premises and good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. PURPOSE. The purpose of this Agreement is for St. Francis to purchase Building Official services from Elk River. 2. NOTICE AND AVAILABILITY. St. Francis will provide at least one week calendar notice of the need to cover Building Official services except in case of emergency or unavailability of the St. Francis Building Official based on unforeseen circumstances such as illness. The Elk River FABS division and its Building Official will not be required to respond when less than one week calendar notice is provided and the Elk River FABS division and its' Building Official is required to perform Building Official services for Elk River. 3. SERVICES TO BE PROVIDED. The Elk River Building Official will provide the following services for St. Francis upon specific request of St. Francis in the absence/unavailability of the St. Francis Building Official: 1 a. Building Inspections. The Elk River Building Official will be responsible for the legal aspects of building code administration and enforcement to include plan reviews as needed and inspections per the Minnesota State Building Code and St. Francis City Ordinances. b. Permit Issuance. The Elk River Building Official will accept and review all relevant building and related permit applications, conduct all necessary investigations, and ensure that said applications meet all requirements under all applicable St. Francis ordinances as well as all applicable State and Federal laws, rules, and regulations, and will issue permits consistent with St. Francis City ordinances. Ordinances to be supplied to Elk River by St. Francis. c. Attendance at St. Francis Meetings. The Elk River Building Official will normally not be required to attend St. Francis City Council meetings,public hearings, and/or special meetings except upon request by St. Francis. Elk River may decline to provide the Building Official's attendance at any meeting or hearing where Elk River determines the Building Official's attendance is required elsewhere. d. Administrative Assistance. The Elk River Building Official will perform all relevant administrative assistance related to the above specified services. 4. TERM. The term of this Agreement shall be from June 1, 2013 through May 31, 2014. 5. COMPENSATION. The compensation to be paid by St. Francis to Elk River for the Elk River Building Official's services as defined herein shall be on an hourly basis in the following amount: $50.00 per hour. 6. BILLING. Elk River will bill St. Francis for services rendered under this agreement on a monthly basis. St. Francis will make payment for services rendered by the Building Official directly to Elk River. Payments will be made no later than two weeks after receiving a bill for services rendered. 7. ADDITIONAL PAYMENTS. a. Mileage. St. Francis agrees to reimburse Elk River for mileage incurred by the Building Official in performing the duties noted in this Agreement, including mileage from the Elk River City Hall to any inspection or meeting point. This amount will be established at the maximum rate permitted as a nontaxable expense by the IRS. 8. EMPLOYMENT STATUS. The Building Official shall be deemed an employee of Elk River for all time provided pursuant to this Agreement. St. Francis shall not have control over the manner and services performed by the Building Official under this Agreement, and shall not be responsible for the Building Official's wages, benefits and all statutorily required payments such as worker's compensation, PERA and FICA. 2 9. INSURANCE AND LIABILITY. a. Insurance. While attending to St. Francis matters, the Building Official will be primarily insured by St. Francis under its insurance coverages including commercial general liability. Elk River will also carry similar insurance on the Building Official. b. Liability of St. Francis. St. Francis agrees to defend and indemnify Elk River and its employees, officials, volunteers and agents from and against all claims, actions, damages, losses and expenses arising out of the Building Official's performance or failure to perform his or her duties under this Agreement except where such claim, action, damage, loss and expense is attributable to a specific direction from Elk River or its employees, officials, agents or representatives. c. Liability of Elk River. Elk River agrees to defend and indemnify St. Francis and its employees, officials, volunteers and agents from and against all claims, actions, damages, losses and expenses arising out of the Building Official's performance or failure to perform his or her duties under this Agreement where such claim, action, damage, loss and expense is attributable to a specific direction from Elk River or its employees, officials, agents or representatives. 10. TERMINATION/EXTENSION. a. Termination. This Agreement maybe terminated by the party desiring that the Agreement be terminated providing sixty (60) days written prior notice to all other parties any time prior to the automatic expiration of this Agreement. Cause is not required for such termination. Payment for services rendered will be through the date of termination as identified in the written notification. b. Extension. This Agreement may be extended beyond the time designated in Paragraph 4 of this Agreement by written agreement of all of the parties hereto which written agreement will contain any amendment of the existing terms of this Agreement. 11. OWNERSHIP AND INSPECTION OF DOCUMENTS. All documents including electronic data prepared under this agreement will be the property of St. Francis and will be collected and maintained in a manner as deemed appropriate by St. Francis. Records Availability and Retention: The books, records, documents, and accounting procedures and practices of the Elk River Building Official relevant to this Agreement are subject to examination by St. Francis or its designated representative and either the Legislative Auditor or State Auditor as appropriate. The Elk River Building Official and Elk River will be bound under the provisions of the Minnesota Data Practices Act and will maintain records in a fashion consistent with Minnesota Statutes, Chapter 13. 3 12. GENERAL PROVISIONS. a. Entire Agreement. This Agreement supersedes any prior or con-temporaneous representations or agreements, whether written or oral, between the parties and contains the entire agreement. b. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by all parties. c. Notice. Any notice, statement or other written documents required to be given under this Agreement shall be considered served and received if delivered personally to the other party, or if deposited in the U.S. First Class mail, postage prepaid, as follows: i. Notice to: City of St. Francis City Administrator 23340 Cree Street NW St. Francis, MN 55070 ii. Notice to: City of Elk River City Administrator 13065 Orono Parkway Elk River, MN 55330 d. Captions. Captions or headings contained in this Agreement are included for convenience only and form no part of this Agreement between the parties. e. Waivers. The wavier by any party of any breach or failure to comply with any provision of this Agreement by another party shall not be construed as, or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. L Counterparts. This Agreement may be executed n several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument. g. Savings Clause. If any court finds any portion of this Agreement to be contrary to law or invalid,the remainder of this Agreement will remain in full force and effect. h. Successors and Assigns. Elk River FABS division shall not have any right to assign,transfer, or sublet its interest or obligations hereunder without the written consent of St. Francis. Elk River FABS division may substitute for the incumbent Building Official/Inspector in the event of the Building Official's absence or separation. i. Interpretation. The laws of the State of Minnesota will govern as to the interpretation, validity, and effect of this Agreement. 4 IN WITNESS, the parties hereto have executed this Agreement the day and year first above stated. CITY OF ELK RIVER CITY OF ST. FRANCIS John J Dietz Jerry Tveit Mayor Mayor Tina Allard Matthew Hylen " City Clerk City Administrator 590799-v1 5