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Home My WebLink AboutVIII-06 Authorize Signature - Joint Powers Agreement - Building Official Delegation City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: June 6, 2022 Item: Authorize Signature: Joint Powers Agreement - Building Inspection Coverage Council Action Requested: Authorize signature of the attached Joint Powers Agreement (JPA) between the City of Hastings and the City of Cottage Grove to provide for inspection coverage on public buildings and state licensed facilities. A simple majority is necessary for action. Background Information: The JPA provides reciprocal inspection coverage in which local inspection is delegated by the State of Minnesota. Inspection coverage is limited to public buildings and state-licensed facilities. Execution of the agreement is at the request of the Minnesota Department of Labor and Industry in order to provide for delegated state inspections by the Building Official. Financial Impact: Nominal. Compensation would be at a rate of $85.00 per hour Advisory Commission Discussion: N\A Council Committee Discussion: N\A Attachments: • Joint Powers Agreement VIII-06 1 JOINT POWERS AGREEMENT BETWEEN THE CITY OF HASTINGS AND THE CITY OF COTTAGE GROVE FOR INSPECTION COVERAGE ON PUBLIC BUILDINGS AND STATE LICENSED FACILITIES THIS AGREEMENT (“Agreement”) is made and entered into this day of June, 2022 (“Effective Date”) by and between the City of Cottage Grove, 12800 Ravine Parkway South, Cottage Grove, MN 55016 (“Cottage Grove”) and the City of Hastings, 101 4th Street East, Hastings, MN 55033 (“Hastings”), or collectively “City.” WHEREAS, pursuant to the provisions of Minn. Stat. § 471.59, cities are authorized to enter into an agreement to exercise jointly or cooperatively governmental powers common to each and to permit one governmental entity to perform services or functions for or with another governmental unit; and WHEREAS, the Minnesota Department of Labor and Industry (“DLI”) has entered into a delegation agreement with each City that each City’s Building Official is authorized to conduct inspections involving public buildings and state-licensed facilities; and WHEREAS, each City desires to offer reciprocal services from the other when each City’s Building Official is unavailable. NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed, by and between the parties as follows: 1. PURPOSE. The purpose of this Agreement is to provide reciprocal coordinated inspection coverage for public buildings and state-licensed facilities, on an as needed basis, as more fully described herein. 2. TERM. This Agreement will become effective on the Effective Date. This Agreement may be terminated with or without cause by either City upon thirty (30) days’ written notice to the City. Notwithstanding the above, either City may immediately terminate this Agreement at any time if the health, safety, or welfare of any person receiving services or entitled to receive services under this Agreement is at risk. 3. AUTHORIZED REPRESENTATIVE AND NOTICES. The named persons, in the positions stated below, or their successors in title, are designated the Authorized Representatives of the parties for purposes of this Agreement. Notifications required to be provided by the terms of this Agreement and invoices, if any, to be submitted and payments VIII-06 2 made shall be provided to the following named persons unless otherwise stated in this Agreement: IF TO HASTINGS: Dan Wietecha, City Administrator 101 4th Street East Hastings, MN 55033 dwietecha@hastingsmn.gov IF TO COTTAGE GROVE: Jennifer Levitt, City Administrator 12800 Ravine Parkway South Cottage Grove, MN 55016 jlevitt@cottagegrovemn.gov 4. JOINT RESPONSIBILITIES. The Parties will jointly: A. Employ a Building Official who has a delegation agreement with DLI in which DLI has authorized the Building Official to administer inspection duties in all public buildings and state-licensed facilities. B. Agree to provide the Building Official for on-call or scheduled inspections. Advanced notice of inspections is preferred. C. Provide access to specific projects plan review, file contents, and plan sets in advance of any inspection. Such files shall be provided electronically when possible. D. Provide workspace for the delegated Building Official to work when performing services under this Agreement at the other City, with office supplies and materials necessary to carry out the work as needed. 5. COMPENSATION. For calendar year 2022, compensation shall be at a rate of $85.00 per hour. Invoices shall be sent monthly and shall be paid within 30 days of receipt. This rate may be adjusted on an annual basis upon mutual written agreement of the Authorized Representatives. 6. INDEPENDENT CONTRACTOR. It is agreed that nothing contained in this Agreement is intended or should be construed as creating the relationship of agents, partners, joint ventures, or associates between the parties hereto or as constituting either City’s Building Official as the employee of the other City for any purpose or in any manner whatsoever. Each Building Official shall remain an employee of its own City while performing services pursuant to this Agreement. VIII-06 3 7. LIABILITY AND INDEMNIFICATION. A. Each City agrees to indemnify, defend and hold harmless the other, its officers, agents and employees against any and all liability, loss, costs, damages, claims or actions its officers, agents or employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or omission of the indemnifying party, its officers, agents, or employees, in the execution, performance or failure to adequately perform its obligations pursuant to this Agreement. B. To the full extent permitted by law, actions by the parties pursuant to this Agreement are intended to be and shall be construed as a “cooperative activity” and it is the intent of the parties that they shall be deemed a “single governmental unit” for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, subd. 1 a, provided further that for purposes of the statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. Each party also specifically intends that the single tort cap limits specified for cooperative agreements under Minn. Stat.§ 471.59, subd. l a, or as such statute may be amended or modified from time to time, shall apply to this Agreement and to the activities of the parties hereunder. The statutory limits for the parties may not be added together or stacked to increase the maximum amount of liability for either party. C. Each party to this Agreement shall be liable for the acts of their own officers, employees, and/or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees, and/or agents. It is understood and agreed the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the parties’ acts or omissions. Each party warrants they can comply with the indemnity requirements through an insurance or self-insurance program and each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. 8. NON-ASSIGNABILITY. Neither City shall assign any interest in this Agreement and shall not transfer any interest in the same, whether by subcontract, assignment or novation, without the prior written consent of the other City. 9. DATA PRACTICES. The parties will comply with all applicable data practices laws, including but not limited to the Minnesota Government Data Practices Act (MGDPA), Minn. Stat. Ch. 13 and the Minnesota Rules implementing the MGDPA, as amended, as well as any applicable state or federal laws on data privacy and security. The parties are mindful that when exchanging private data only the minimum necessary will be provided. VIII-06 4 All data created, collected, received, stored, used, maintained, or disseminated by the parties in the performance of their roles and responsibilities are subject to the requirements of the MGDPA, the Minnesota Rules implementing the MGDPA, as amended, as well as any applicable state or federal laws on data privacy and security. The terms of this Section shall survive the termination or expiration of the Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. Each City agrees to comply with all federal, state and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to its performance of the provisions of this Agreement. 11. AMENDMENTS. Other than as authorized in Section 5, any alteration, variation, modification, or waiver of the provisions of this Agreement shall be valid only after it has been reduced to writing and duly signed by both parties. 12. INTERPRETATION OF AGREEMENT; VENUE. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. All litigation regarding this Agreement shall be venued in district court in Washington County, Minnesota. 13. ENTIRE AGREEMENT. This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations. [REMAINDER OF PAGE INTENTIONALLY BLANK] VIII-06 5 CITY OF HASTINGS By: Mary Fasbender Its Mayor By: Kelly Murtaugh Its City Clerk VIII-06 6 CITY OF COTTAGE GROVE By: Myron Bailey Its Mayor By: Tamara Anderson Its City Clerk VIII-06