HomeMy WebLinkAbout2015-08-12 PACKET 04.N. REQUEST OF CI I Y COUNGIL AC i ION COUNCIL AG�N�A
MEETING ITEM # �
DATE 8/12/15 � �
PREPARED BY: Community Development Jennifer Levitt
ORIGINATING DEPARTMENT STAFF AUTHOR
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COUNCIL ACTION REQUEST:
Consider approving the Building Inspection Services Agreements that include fee increases
with the City of Newport and the City of St. Paul Park.
STAFF RECOMMENDATION:
Approve the request.
BUDGET IMPLICATION: $N/A $N/A N/A
BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE
ADVISORY COMMISSION ACTION:
DATE REVIEWED APPROVED DENIED
❑ PLANNING ❑ ❑ ❑
❑ PUBLIC SAFETY ❑ ❑ ❑
❑ PUBLIC WORKS ❑ ❑ ❑
❑ PARKS AND RECREATION ❑ ❑ ❑
❑ HUMAN SERVICES/RIGHTS ❑ ❑ ❑
❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑
❑ ❑ ❑ ❑
SUPPORTING DOCUMENTS:
� MEMO/LETTER: Memo from Bob LaBrosse dated 7/29/15
❑ RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
� OTHER: Building Inspection Services Agreements for City of Newport and
City of St. Paul Park
ADMINISTRATOR'S COMMENTS:
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ity A� inis rator Date
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COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
Cottage
Grove
�here Pride ana pCoSperity Meet
TO: Honorable Mayor and City Council
Craig Woolery, Interim City Administrator
FROM: Bob LaBrosse, Chief Building Official
DATE: July 29, 2015
RE: Building Inspection Services Agreements:
■ St. Paul Park
■ Newport
Background/Discussion
Since 2010, the Cottage Grove Building Division has been issuing building permits and
providing building inspections and plan reviews for Denmark Township; providing
inspections and plan reviews for the City of Newport; and providing building inspections,
plan reviews, and rental inspections for the City of St. Paul Park.
After reviewing the current agreements, the City of Cottage Grove proposed a three
percent increase for the fees collected to provide inspection services.
The City of Newport has agreed to the proposed three percent increase in the attached
contract.
The St. Paul Park contract was initially approved the Cottage Grove City Council on June
17, 2015. However, the City of St. Paul Park requested a change to the rental inspection
fees from the three percent increase that was in the approved contract. They would like
to increase the amount paid to Cottage Grove to conduct rental inspections to $28 rather
than the current $25 per inspection, with a condition that would allow those fees to be
renegotiated if St. Paul Park increases their rental license fees in the future.
Denmark Township has agreed to the increases, and their amended contract was
approved by the City Council on June 17, 2015.
Recommendation
Approve the Building Inspection Services Agreements that include fee increases with the
City of St. Paul Park and the City of Newport.
BUILDING INSPECTION SERVICES AGREEMENT .
This Agreement is made this day of , 2015, by and between the City of
Newport (hereinafter referred to as "Newpoi�t") and the City of Cottage Grove (hereinafter referred to as
"Cottage Grove") for the utilization of Cottage Grove employees to provide services to Newpoi�t within
the boundaries of Newport.
WHEREAS, Newport is authorized and empowered to provide for various types of building
inspections and code enforcement to ensure the public health, welfare, and safety; and
WHEREAS, Cottage Grove maintains qualified full-time staffing and personnel for the provision
of these same services within its own municipal boundaries; and
WHEREAS, by purchasing these services from Cottage Grove, Newport can effect cost savings
to its citizens while, at the same time, providing support for those same services by Cottage Grove to its
citizens; and
WHEREAS, it is the desire of the parties and the purpose of this Agreement that certain of the
aforesaid building inspection and code enforcement services be performed by qualified personnel of
Cottage Grove on behalf of Newpoi�t.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below,
the above parties hereto agree as follows:
1. The term of this agreement shall be perpetuating, unless either party to the Agreement
provides notice to the other party that they shall tei�rninate the contract at the end of the
cui7ent term, and further subject to termination as provided in paragraph 8.
2. For the term of this Agreement, Cottage Grove, tluough use of its personnel, shall
provide Newport with the following services, in and on behalf of Newpoi�t and at the
direction of Newpoi�t's City Administrator:
a. Building inspections and code enforcement, as necessary.
b. Property inspections for structural integrity for puiposes of exercising eminent
domain powers or protection of life.
a Preparation of an annual written report of work completed for the City Council of
Newpol�t.
d. Provide copies of all permits issued and inspections made on a monthly basis.
The services Cottage Grove will provide under this Agreement do not include property
maintenance inspections and do not include planning or zoning review unless such
review is specifically related to a building permit request for a structure permitted under
the Newport Code.
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3. Cottage Grove shall consult with and abide by the manner in which the inspections, plan
review, and activities are conducted and over the determination of what enforcement
action is appropriate and consistent with Newport City Code Chapter 11, Building and
Housing Code, and Section 1130, Swimming Pools, and other policies as established by
Newport. Cottage Grove shall confer with Newpol�t staff regarding interpretation of the
Code. Newport shall have a duty to infoi�rn Cottage Grove of any and all updates or
changes to the Newpoi�t Code.
4. Cottage Grove personnel are not required to maintain office hours at Newport's City
Ha1L However, if Cottage Grove providing these services finds it necessary to meet with
citizens at Newpoi�t's City Hall, Newport will ar�ange for a work area for such meetings.
Cottage Grove's main contact at Newport shall be Newport's City Administrator and
Cottage Grove shall talce direction from Newport's City Administrator for all work
performed under this Agreement.
5. Cottage Grove shall assume the expense of performing the inspections and code
enforcement.
6. Newpoi�t will pay Cottage Grove 28 percent of the total permit and plan review fee. Such
permit and plan review fees shall be separate from, and in addition to, the payment
provided for by Paragraph 7 of this Agreement. All other provisions of this agreement
shall remain applicable with respect to the plan review and inspection services being
provided.
7. In addition to the above fees Newport will pay Cottage Grove for services perfoi�ned by
Cottage Grove personnel outside those contemplated by this agreement but only as
specifically requested by Newport. These additional fees will be billed to Newport on a
time and material basis. Services performed by the Cottage Grove Building Official will
be at the rate of $60 per hour plus expenses. Services perfoi7ned by Cottage Grove
Building Inspector(s) will be at the rate of$45 per hour plus expenses.
8. This agreement shall terminate as follows:
a. Upon the expiration of the 90 days after service of written notice upon the other
party; or
b. At any time, upon agreement of the parties.
9. Cottage Grove agrees to defend, indemnify, and hold hazmless Newport, and its officials,
agents, and employees, from and against all claims, actions, damages, losses, and
expenses arising out of or resulting from Cottage Grove's performance of the duties
required under this Agreement, provided that any such claim, action, damage, loss, or
expense is attributable to bodily injury, sickness, disease, or death or to the injury to or
destruction of property including the loss of use resulting therefrom and is caused in
whole or in part by any negligent act or omission or willful misconduct of Cottage Grove.
This provision shall not be construed as a waiver by either pai�ty of any defenses,
immunities, or limitators on liability with respect to claims made by third pai�ties.
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10. Newpoi�t agrees to defend, indemnify, and hold harmless Cottage Grove, and its officials,
agents, and employees from and against all claims, actions, damages, losses, and
expenses arising out of or resulting from Newpor-t's performance of the duties required
under this Agreement, provided that any such claim, action, damage, loss, or expense is
attributable to bodily injury, sickness, disease, or death or to the injury to or destruction
of property including the loss of use resulting therefrom and is caused in whole or in part
by any negligent act or omission or willful misconduct of Newport. This provision shall
not be construed as a waiver by either paz-ty of any defenses, immunities, or limitators on
liability with respect to claims made by third parties.
11. Cottage Grove shall carry liability insurance in the amount of at least $1,000,000 per
occurrence and $2,000,000 in the aggregate for both Bodily Injury and Property Damage.
Newpoi�t shall be nained as an additional insured, and a certificate of said insurance shall
be provided to Newport. Cottage Grove shall carry Worlcer's Compensation Insurance as
required by Minnesota Statutes, Section 176.181, Subd. 2 and further agrees to provide a
certificate of said insurance to Newport.
12. Any employee assigned by Cottage Grove to perform its obligations hereunder shall
remain the exclusive employee of Cottage Grove for all putposes including, but not
limited to, wages, salary, and employee benefits.
13. In addition to the services listed in Paragraph 2 above, Cottage Grove shall, upon request,
also provide for and on behalf of Newpor-t:
a. Collecting fees for issuing building permits and inspections.
b. Clerical and other office duties related to building inspections and review of building
permits.
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,joint parties to any joint
powers agreement or similar legal relationship between the parties hereto or as
constituting the persons employed by Cottage Grove as the agent, representative, or
employee of Newport for any purpose or in any manner whatsoever except as expressly
otherwise provided herein. Cottage Grove is to be and shall remain an independent
contractor with respect to all services performed under this contract. Cottage Grove
represents that it has, or will secure at its own expense, all personnel and equipment
required in performing services under this contract. Any and all personnel of Cottage
Grove or other persons, while engaged in the performance of any work or services
required by Cottage Grove under this contract, and shall not be considered employees of
Newport and any and all claims that may or might arise under the Workers'
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 Cottage Grove, its officers, agents, contracts,
or employees shall in no way be the responsibility of Newport; and Cottage Grove shall
defend, indemnify, and hold Newpoi�t, its officers, agents, and employees hai�nless from
any and all such claims regardless of any determination of any pertinent tribunal, agency,
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board, commission, or court. Such personnel or other persons shall not require nor be
entitled to any compensation, rights, or benefits of any lcind whatsoever from Newport,
including, without limitation, tenure rights, medical and hospital care, sick and vacation
leave, Workers' Compensations, Unemployment Compensation, disability, severance
pay, and PERA.
15. The boolcs, records, documents, and accounting procedures of Cottage Grove relevant to
this Agreement, are subject to examination by Newport and either the legislative or state
auditor as appropriate,pursuant to Minnesota Statutes, Section 16C.05, Subd. 5.
16. This Agreement represents the entire Agreement between Cottage Grove and Newpol�t
and supersedes and cancels any and all prior agreements or proposals, written or 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
vv�iting and signed by both pai�ties.
17. Cottage Grove and Newpoi�t agree to comply with the American with Disabilities Act and
not to discriminate on the basis of disability in the admission or access to, or treatment of
employment in its services,programs, or activities. Upon request, accommodation will be
provided to allow individuals with disabilities to participate in all services, programs, and
activities. Cottage Grove has designated coordinators to facilitate compliance with the
Americans with Disabilities Act of 1990 (ADA), as required by Section 35.107 of the
U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of
the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of
Housing and Urban Development regulations. For infoi�rnation contact the City
Administrator, City of Cottage Grove, 12800 Ravine Parkway South, Cottage Grove,
Minnesota 55016; telephone 651-458-2800; TDD: 651-458-2880. Newport agrees to hold
harmless and indemnify Cottage Grove from costs, including but not limited to damages,
attorney's fees, and staff time, in any action or proceeding brought alleging a violation of
ADA by Cottage Grove.
18. Both parties agree to comply with all applicable state, federal, and local laws, rules, and
regulations.
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IN WITNESS WHEREOF, the parties have set forth their hands on the day and year first written
above.
CITY OF COTTAGE GROVE CITY OF NEWPORT
By: By:
Its Mayor Its Mayor
Date Date
By: By:
Its City Administrator Its City Administrator
Date Date
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BUILDING INSPECTION SERVICES AGREEMENT
This Agreement is made this day of ,2015,by and between the City of St.Paul
Park (hereinafter referred to as "St. Paul Park") and the City of Cottage Grove (hereinafter referred to as
"Cottage Grove").
WHEREAS, St. Paul Park is authorized and empowered to provide for various types of building
inspections and code enforcement to ensure the public health, welfare, and safety; and
WHEREAS, it is the desire of the parties and the purpose of this Agreement that certain of such
services be performed by Cottage Grove on behalf of St. Paul Park.
NOW,THEREFORE,in consideration of the mutual covenants and conditions set forth below,the
above parties hereto agree as follows:
1. The term of this Agreement shall be perpetuating, unless either party to the Agreement provides
notice to the other party that they shall terminate the contract at the end of the current term, and
further subject to termination as provided in paragraph 8.
2. For the term of this Agreement, Cottage Grove shall provide St. Paul Park with the following
services,in and on behalf of St.Paul Park and at the direction of St.Paul Park's City Administrator:
a. Building inspections and, as necessary, enforcement of building codes.
b. Inspections by the Cottage Grove Fire Marshal for compliance with fire codes.
c. Property inspections for structural integrity for purposes of exercising eminent domain powers
or protection of life.
d. Planning and zoning reviews required for building permits.
e. Preparation of an annual written report of work completed for the City Council of St. Paul
Park.
f. Provide copies of all permits issued and inspections made on a monthly basis.
The services Cottage Grove will provide under this Agreement do not include property
maintenance inspections and do not include planning or zoning review unless such review is
specifically related to a building permit request for a structure permitted under the St. Paul Park
Code.
3. Cottage Grove shall consult with and abide by the manner in which the inspections,plan review,
and activities are conducted and over the determination of what enforcement action is appropriate
and consistent with St. Paul Park City Code Chapter 18,Article II (Building Code) and Article III
(Housing Code) and Article IV (Swimming Pools) and other policies as established by St. Paul
Park. Cottage Grove shall confer with St. Paul Park staff regarding interpretation of the Code. St.
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Paul Park shall have a duty to inform Cottage Grove of any and all updates or changes to the St.
Paul Park Code.
4. Cottage Grove is not required to maintain office hours at St. Paul Park's City Hall. However, if
Cottage Grove finds it necessary to meet with citizens at St. Paul Park's City Hall, St. Paul Park
will arrange for a work area for such meetings. Cottage Grove's main contact at St. Paul Park shall
be St. Paul Park's City Administrator and Cottage Grove shall take direction from St. Paul Park's
City Administrator for all work performed under this Agreement.
5. Cottage Grove shall assume the expense of performing the inspections and code enforcement.
6. St. Paul Park will pay Cottage Grove 28 percent of the total permit and plan review fee. Such
permit and plan review fees shall be separate from, and in addition to, the payment provided for
by Paragraph 7 of this Agreement. All other provisions of this agreement shall remain applicable
with respect to the plan review and inspection services being provided.
7. In addition to the above fees St. Paul Park will pay Cottage Grove for services performed by
Cottage Grove outside those contemplated by this agreement but only as specifically requested by
St. Paul Park. These additional fees will be billed to St. Paul Park on a time and material basis.
Services performed by the Cottage Grove Chief Building Official will be at the rate of$60/hour
plus expenses. Services performed by Cottage Grove Building Inspector(s) will be at the rate of
$45/hour plus expenses.
8. This agreement shall terminate as follows:
a. Upon the expiration of 90 days after service of written notice upon the other party; or
b. At any time, upon agreement of the parties.
9. Cottage Grove agrees to defend, indemnify, and hold harmless St. Paul Park, and its officials,
agents, and employees from and against all claims, actions, damages, losses, and expenses arising
out of or resulting from Cottage Grove's performance of the duties required under this Agreement,
provided that any such claim, action, damage, loss, or expense is attributable to bodily injury,
sicicness, disease, or death or to the injury or destruction of property including the loss of use
resulting therefrom and is caused in whole or in part by any negligent act or omission or wiliful
misconduct of Cottage Grove. This provision shall not be construed as a waiver by either party of
any defenses, immunities, or limitators on liability with respect to claims made by third parties.
10. St. Paul Park agrees to defend, indemnify, and hold harmless Cottage Grove, and its officials,
agents, and employees from and against all claims, actions, damages, losses, and expenses arising
out of or resulting from St. Paul Park's performance of the duties required under this Agreement,
provided that any such claim, action, damage, loss, or expense is attributable to bodily injury,
sickness, disease, or death or to the destruction of property including the loss of use resulting
therefrom and is caused in whole or in part by any negligent act or omission or wiliful misconduct
of St. Paul Park. This provision shall not be construed as a waiver by either party of any defenses,
immunities, or limitators on liability with respect to claims made by third parties.
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11. Cottage Grove shall carry liability insurance in the amount of at least $1,000,000 per occurrence
and $2,000,000 in the aggregate for both Bodily Injury and Property Damage. St. Paul Park shall
be named as an additional insured, and a certificate of said insurance shall be provided to St. Paul
Park. Cottage Grove shall carry Worker's Compensation Insurance as required by Minnesota
Statutes, Section 176.181, Subd. 2 and further agrees to provide a certificate of said insurance to
St. Paul Park.
12. Any employee assigned by Cottage Grove to perform its obligations hereunder shall remain the
exclusive employee of Cottage Grove for all purposes including, but not limited to, wages, salary,
and employee benefits.
13. In addition to the services listed in Paragraph 2 above, Cottage Grove shall, upon request, also
provide for and on behalf of St. Paul Park:
a. Collecting fees for issuing building permits and inspections.
b. Inspection of all rental property once every two years.
• St. Paul Park will provide Cottage Grove with a current list of rental property owners.
• St. Paul Park shall notify rental property owners of upcoming rental inspections, receive
applications, and collect the rental license fees. Fees must be paid before inspections can
be performed. Cottage Grove shall receive $28.00 for each unit inspected.
• St. Paul Park rental property owners shall apply for Certificate of Occupancy renewal no
later than 60 days prior to the April 1 expiration date of the previously issued certificate.
• Cottage Grove shall conduct inspections of rental properties and, if necessary, send
correspondence to the property owners regarding the inspections.
• St. Paul Park shall collect reinspection fees. Cottage Grove shall receive $28.00 of the
reinspection fee per unit for each reinspection.
• Cottage Grove shail provide copies of inspections for each building.
• St. Paul Park shall provide the Certificates of Occupancy for each building.
• If rental license fees and/or rental reinspection fees are increased, the amount paid to
Cottage Grove for inspections and reinspections can be renegotiated.
c. Clerical and other office duties related to building inspections and review of building permits.
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 persons employed by Cottage Grove as the agent,representative, or employee of St. Paul Park
for any purpose or in any manner whatsoever. Cottage Grove is to be and shall remain an
independent contractor with respect to all services performed under this contract. Cottage Grove
represents that it has, or will secure at its own expense, all personnel and equipment required in
performing services under this contract. Any and all personnel of Cottage Grove or other persons,
while engaged in the performance of any work or services required by Cottage Grove under this
contract, shall not be considered employees of St. Paul Parlc and any and all claims that may or
might arise under the Workers' 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
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such person or personnel arising out of employment or alleged employment including, without
limitation, claims of discrimination against Cottage Grove, its officers, agents, contracts, or
employees shall in no way be the responsibility of St. Paul Park; and Cottage Grove shall defend,
indemnify, and hold St. Paul Park, its officers, 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 St. Paul Park,including,without limitation,tenure
rights, medical and hospital care, sick and vacation leave, Workers' Compensations,
Unemployment Compensation, disability, severance pay, and PERA.
15. The books, records, documents, and accounting procedures of Cottage Grove relevant to this
Agreement are subject to examination by St. Paul Park and either the legislative or state auditor as
appropriate,pursuant to Minnesota Statutes, Section 16C.05, Subd. 5.
16. This Agreement represents the entire Agreement between Cottage Grove and St. Paul Park and
supersedes and cancels any and all prior agreements or proposals, written or oral, between the
parties relating to the subject matter hereof, any amendments, addenda, alternations, or
modifications to the terms and conditions of this Agreement shall be in writing and signed by both
parties.
17. Cottage Grove and St. Paul Park agree to comply with the Americans With Disabilities Act and
not to discriminate on the basis of disability in the admission or access to, or treatment of,
employment in its services,programs,or activities.Upon request,accommodation will be provided
to allow individuals with disabilities to participate in all services,programs,and activities. Cottage
Grove has designated coordinators to facilitate compliance with the Americans With Disabilities
Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations,
and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by
Section 8.53 of the U.S. Department of Housing and Urban Development regulations. For
information,contact the City Administrator,City of Cottage Grove, 12800 Ravine Parkway South,
Cottage Grove,MN 55016;telephone 651-458-2800;TDD: 651-458-2880. St. Paul Park agrees to
hold harmless and indemnify Cottage Grove from costs, including but not limited to damages,
attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA by
St. Paul Park. Cottage Grove agrees to hold harmless and indemnify St. Paul Park from costs,
including but not limited to damages, attorney's fees, and staff time, in any action or proceeding
brought alleging a violation of ADA by Cottage Grove.
18. Both parties agree to comply with all applicable state, federal, and local laws, rules, and
regulations.
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IN WITNESS WHEREOF,the parties have set forth their hands on the day and year first written above.
CITY OF COTTAGE GROVE CITY OF ST.PAUL PARK
By: By:
Its Mayor Its Mayor
Date Date
By: By:
Its City Administrator Its City Administrator
Date Date
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