HomeMy WebLinkAbout15.F.4. Temporary Building Inspection Services
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CITY OF SHAKO PEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Michael Leek, Community Development Director
SUBJECT: Temporary Building Inspection Services
MEETING DATE: October 21,2003
UPDATE:
Please note, the revised agreement will reflect a rate of$50.00 per hour for services from
Metro West.
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. METRO WEST INSPECTION SERVICES, INC.
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t.(\I(' \ }-\,IlI\rH~I\' ['Ies. lin.)! lj 7~J.1 i'.!ll
I'AX (7b,3i '-l.7~J..'().Jtl
(h.'h,\"Ii.'r Ie,. 2003
Mi-:had Leak
City Ill' Shttkllrc~
R F: Temporary Building Inspection Services
('ily or Skakopcc
Th~ j()ll(lwing is ~1 rough-droit of languago regurding the ab()v~-c(\ptiol1t:d !1'1l:lllCI',.. ....
Mdt'l) West fnspection Scrviccs, Inc. will d\) temporary building inspection s~rviccs tbr the City
ut'Shakopcc. Minnesota beginning Monday, Oclnher 20, 2003 and continuing :iuid scrvkcs f()l'
I1Clllong(,.'r than Eight (8) weeks (December 12,2003) provided however. if Metro West would
nl.::":u lh~ in::;pcctor to return to our ollkc due to in increuse in our scheduling ac~ivitY;..\hc 50,0<")
inl-ip~t,;tor would r~turn immediately. The ra!~ Ihr the ahove s~rvi<...t~~ would he ~/hour. ?e' f
ML'!I\l Wt:st h,IS the necessary insurance(s), i.~. Workers Comp., etc, Further. It is <.lUr
lH1~k~Sla~ding t1~at our i~spec.tor woul.d be driving a City orSkl1kopcc vehidc t(l perform the J<:J{6hh
outldll1g Inspectlon services tor the Cny. . I f e.r..,
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I f you have any questions, plcusc give us a cnll und when the ahove ha:: he(,~n approved h: lhl' ~&
City ofShukopce and Metro West W~ will put it into fil1ul form.
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.10 Kl,hn~n
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CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council CONSENT
Mark McNeill, City Administrator
FROM: Mark McNeill, City Administrator
SUBJECT: Temporary Building Inspection Services
MEETING DATE: October 21,2003
BACKGROUND:
With the recent departure of building inspector Rick Sames, and on-the-job injury to
inspector Dave Kriesel, there has been a need to secure temporary inspection services to
make sure that the work is kept up with. With my direction Building Official Jim
Grampre contacted private inspection firms and Scott County. Both Scott County and
Metro West indicated an ability to provide temporary services. In fact, Scott County
provided Chad Lunder of its staff beginning Friday, October 10th. Because county staff
time is somewhat limited, Mr. Grampre also has arranged for someone from Metro West
to provide time beginning Monday, October 20, 2004. Council is being asked to
authorize the appropriate City officials to enter into agreements with Scott County and
Metro West for temporary building inspection services. A copy of the Scott County
agreement is attached for the Council's information, and a copy of the Metro West
agreement will be available on the table.
The search for a replacement for Rick Sames is proceeding. Six candidates for the
position are scheduled to be interviewed on Friday, October 24,2003.
ALTERNATIVES:
1. Offer and pass a motion authorizing the appropriate City officials to execute
agreements with Scott County and Metro West for temporary inspection services.
2. Do not authorize the appropriate City officials to execute agreements with Scott
County and Metro West for temporary inspection services.
3. Table the matter for additional information.
STAFF RECOMMENDATION:
Staff recommends Alternative No.1.
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REQUESTED ACTION:
Offer and pass a motion authorizing the appropriate City officials to execute agreements
with Scott County and Metro West for temporary inspection services.
~d;~/L~/
R. Michael Leek
Community Development Director
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COUNTY OF SCOTT
STANDARD AGREEMENT
THIS AGREEMENT, by and between the County of Scott, Minnesota, hereinafter
referred to as "County," and the City of Shakopee, Minnesota, hereinafter referred to as
"City."
RECITALS:
a. The County is a political subdivision employing Building Inspectors for the
purpose of conducting building inspections in accordance with the State of
Minnesota Building Codes.
b. The City seeks to enter into an agreement for the provision of such services.
NOW THEREFORE, in consideration of the mutual undertakings and agreement
contained within this agreement, the City and the County hereby agrees as follows:
1. Compensation and Terms of Payment
A. Compensation
The County shall be compensated at a rate of $47.00 per hour and $.50
per mile.
Total compensation under this agreement shall not exceed $47.00 per hour
and $.50 per mile.
B. Terms of Payment
The County shall submit duplicate invoices to the authorized agent of the
City for payment of work completed. The authorized agent shall have the
authority to review the invoices, and no payment shall be made without the
approval of the authorized agent. Payments shall be made within thirty (30)
days after receipt of invoices for services performed and acceptance of
such services by the authorized agent of the City.
2. Condition of Payment
All services provided by the County pursuant to this agreement shall be performed
to the satisfaction of the City, and in accordance with all applicable federal, state
and local laws, ordinances, rules and regulations. Payment shall be withheld for
work found by the City to be unsatisfactory, or performed in violation of federal,
state and local laws, ordinances, rules or regulations.
3. Scope of Services
A. County agrees to furnish the following services during the term of the
agreement:
. Building inspections as required by Minnesota Statutes.
. Record of each completed inspection on forms provided by the City.
. Inspection services up to 40 hours per week, depending on staffing needs of
the City and availability of County staff.
4. Effective Date of Contract
This agreement shall be effective October 10.2003.
5. Term of Contract
This agreement shall remain in effect until December 31.2003 or until all
obligations set forth in this agreement have been satisfactorily fulfilled or unless
earlier terminated as provided, whichever occurs first.
6. Authorized AQents
Scott County shall appoint an authorized agent for the purpose of administration
of this agreement. The City is notified the authorized agent of Scott County is as
follows:
Michael Sobota, Community Development Director
200 Fourth Avenue West
Shakopee, MN 55379
The County is notified the authorized agent for the City is as follows:
7. County and State Audit
Pursuant to Minn. Stat. Section 16C.05, Subd. 5 (1998), the books, records,
documents, and accounting procedures and practices of the County relative to this
agreement shall be subject to examination by the County, City and the State
Auditor. Complete and accurate records of the work performed pursuant to this
agreement shall be kept by Provider for a minimum of six (6) years following
termination of this agreement for such auditing purposes. The retention period
shall be automatically extended during the course of any administrative or judicial
action involving the City or the County regarding matters to which the records are
relevant. The retention period shall be automatically extended until the
administrative or judicial action is finally completed or until the authorized agent of
the City notifies the County in writing that the records need no longer be kept.
8. All parties to this Agreement recognize each other as a political subdivision of the
State of Minnesota. Each party mutually agrees to indemnify, defend and hold
harmless the other from any claims, losses, costs, expenses or damages resulting
from the acts or omissions of the respective officers, agents, or employees
relating to activities conducted by either party under this agreement. Each party's
obligation to indemnify the other under this clause shall be limited in accordance
with the statutory tort liability limitation as set forth in Minnesota Statutes Chapter
466.04 to limit each party's total liability for all claims arising from a single
occurrence, include the other party's claim for indemnification, to the limits
prescribed under 466.04.
Each Party shall maintain public liability coverage protecting itself, its Board,
officers, agents, employees and duly authorized volunteers against any usual and
customary public liability claims in amounts which shall, at a minimum, comply
with Minn. Stat. 466.04 and Workers' Compensation and shall be in accordance
with the Minnesota statutory requirements. Said policies shall be kept in effect
during the entire term of this Agreement.
9. Force Maieure
County and City agree that the County shall not be liable for any delay or inability
to perform this agreement, directly or indirectly caused by or resulting from strikes,
labor troubles, accidents, fire, flood, breakdowns, war, riot, civil commotion, lack of
material, delays of transportation, acts of God or other cause beyond reasonable
control of the City and the County.
10. Data Practices
The County, its agents, employees and any subcontractors of the County in
providing all services hereunder, agree to abide by the provisions of the
Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as amended, and
Minn. Rules promulgated pursuant to Ch. 13. The County agrees to indemnify
and hold the City, its officers, department heads and employees harmless from
any claims resulting from the County's unlawful disclosure or use of data protected
under state and federal laws.
11. Access to Premises
The City shall arrange access as necessary to work sites for the County for the
purpose of performing the work described in this agreement.
12. Termination
This agreement may be terminated by either party, with or without cause upon 30
days written notice to the County or the Authorized Agent of the City.
13. Independent Contractor
It is agreed that nothing contained in this agreement is intended or should be
construed as creating the relationship of a partnership, a joint venture, or an
association with the County and the City. Except as otherwise provided herein,
the County shall maintain, in all respects, its present control over the means and
personnel by which this agreement is performed. From any amounts due the
County, there shall be no deduction for federal income tax or FICA payments nor
for any state income tax, nor for any other purposes which are associated with an
employer/employee relationship unless otherwise required by law. Payment of
federal income tax, FICA payments, state income tax, unemployment
compensation taxes, and other payroll deductions and taxes are the sole
responsibility of the County.
14. Notices
Any notices to be given under this agreement shall be given by enclosing the
same in a sealed envelope, postage prepaid, and depositing the same in the
United States Postal Service, addressed to the County at its address stated
herein, and to the authorized agent of the City at the address stated herein.
15. Controllina Law
The laws of the State of Minnesota shall govern all questions and interpretations
concerning the validity and construction of this agreement and the legal relations
between the herein parties and performance under it. The appropriate venue and
jurisdiction for any litigation hereunder will be those courts located within the
County of Scott, State of Minnesota. Litigation, however, in the federal courts
involving the herein parties will be in the appropriate federal court within the State
of Minnesota. If any provision of this contract is held invalid, illegal or
unenforceable, the remaining provisions will not be affected.
16. Successors and Assians
The County and City, respectively, bind themselves, their partners, successors,
assigns, and legal representatives to the other party to this agreement and to the
partners, successors, assigns, and legal representatives of such other party with
respect to all covenants of this agreement. Neither the County nor City shall
assign, sublet, or transfer any interest in this agreement without the prior written
consent of the other.
17. Eaual Emplovment and Americans with Disabilities
In connection with the work under this agreement, The County agrees to comply
with the applicable provisions of state and federal equal employment opportunity
and nondiscrimination statutes and regulations.
18. Chanaes
The parties agree that no change or modification to this agreement, or any
attachments hereto, shall have any force or effect unless the change is reduced to
writing, dated, and made part of this agreement. The execution of the change
shall be authorized and signed in the same manner as for this agreement.
19. Severabilitv
In the event any provision of this agreement shall be held invalid and
unenforceable, the remaining provisions shall be valid and binding upon the
parties unless such invalidity or non-enforceability would cause the agreement to
fail its purpose. One or more waivers by either party of any provision, term,
condition or covenant shall not be construed by the other party as a waiver of a
subsequent breach of the same by the other party.
20. Entire Aareement
It is understood and agreed that the entire agreement of the parties is contained
herein and that this agreement supersedes all oral agreements and negotiations
between the parties relating to the subject matter hereof as well as any previous
agreements presently in effect between the County and Provider relating to the
subject matter hereof.
IN WITNESS WHEREOF, the parties have caused this agreement to be duly
executed intending to be bound thereby.
SCOTT COUNTY CITY OF SHAKOPEE
by by
Chairman, Scott County
Board of Commissioners
Date Date
Attest
David Unmacht
"
Scott County Administrator
Date
Approved as to form:
Pat Ciliberto
Scott County Attorney
Date