HomeMy WebLinkAbout5B - Mutual Aid Agreement for Use of Building Inspection Personnel and Equipment
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
JUNE 1, 2009
5B
ROBERT D. HUTCHINS, BUILDING OFFICIAL
CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING A MUTUAL AID
AGREEMENT FOR USE OF BUILDING INSPECTION PERSONNEL AND
EQUIPMENT.
Introduction
The purpose of this action is to authorize the City to enter into a Mutual Aid
Agreement with the City of Savage and the City of New Prague to provide
equipment, personnel and facilities for Building Inspection Services for all or part
of each others jurisdictions when necessary, and in return to receive similar
services when necessary due to service demands, resources or expertise. This
Agreement is intended to give each jurisdiction the authority to send its
equipment and personnel into the jurisdiction of a participating member.
Historv
The Minneapolis Star Tribune April 29, 2002 edition featured an article citing
United States Census statistics. According to the census data, Scott County was
the 1 ih fastest growing County in the Nation. In 2002, the city Building
Inspection Department inspected 221 single family dwellings, 302 town home
units and 290 dwelling units in multifamily buildings along with homeowner
improvement projects such as decks and additions. Typically the housing units
require 12 separate inspections be conducted for each unit. At that time, the
cities Building Inspection staff consisted of four field inspectors, 1.8 secretarial
positions and the building official.
Current Circumstances
Due to the economic downturn the past couple of years, the Building Inspection
staff has experienced layoffs and restructuring. In March of 2008, the department
was restructured from the Planning and Building departments into the Building
and Transportation Services department. The staff consists of Director of
Building and Transportation Services Jane Kansier, Building Official Robert
Hutchins, Building Inspector Paul Baumgartner, Code Enforcement Officer Jesse
Corrow, and Building Services Assistant Lynda Allen.
The City of Savage has experienced the same type of slow down and through
attrition has decreased their staff which now consists of two field inspectors and
one building official. The City of New Prague has a newly created in-house
Building Inspection department. Their one full time building official position is
responsible for all plan review of permits and inspections of same.
Staff from the three cities met to discuss assisting each other in time of need for
inspection services. When working with a small staff, there is the potential for
f~\Coullcil\2009 Agenda Reports\06 cfl~~~~~....:~Qa!r~~44 7.4245
www.cityofpriorlake.com
situations in which one or more staff are on vacation, and the remaining staff
member experiences an emergency such as an illness or other unexpected
occurrence that would prevent the staff person from performing that day's field
inspection duties. Another situation may occur if there is an unexpected volume
of permits requiring plan review. The Mutual Aid Agreement allows each
participant to call on the others for help. The staff does not anticipate the Mutual
Aid Agreement to be utilized often, but when assistance is needed, the terms,
conditions and understandings of the participating parties will already be set out.
Conclusion
Staff is recommending we enter into a Mutual Aid Agreement with the City of
Savage and the City of New Prague to provide equipment, personnel and
facilities for Building Inspection Services when necessary, and in return to
receive similar services when necessary due to service demands or resources.
ISSUES:
There is the potential for one of the cities to over use the services of the other
two cities. If this situation occurred the responding cities will need to evaluate
whether their workload can accommodate the request without compromising the
delivery of service in its jurisdiction. The City Attorney has reviewed and
approved the agreement.
FINANCIAL
IMPACT:
There is no General Fund impact for this action.
ALTERNATIVES:
1. Motion and second to adopt a Resolution authorizing the Mayor and City
Manager to enter into a Mutual Aid Agreement with the cities of Savage and
New Prague for use of building inspection personnel and equipment.
2. Defer this item and provide staff with direction.
RECOMMENDED
MOTION:
The staff recommends Alternative #1. This requires a motion and second to
adopt Resolution 09-xx authorizing the Mayor and City Manager to execute a
Mutual Aid Agreement for the use of building inspection personnel and
equipment.
R\CoUl1cil\2009 Agenda Reports\06 01 09\mutuaLald_agenda_reportDOC
"'iPR~
!.i;.:.n~ 4646 Dakota Srree'S.E.
!U~.,., Prior Lake, MN 55372-1714
~.rJ RESOLUTION 09-xxx
A RESOLUTION AUTHORIZING A MUTUAL AID AGREEMENT FOR USE OF BUILDING
INSPECTION PERSONNEL AND EQUIPMENT
Motion By:
Second By:
WHEREAS, The City Building Inspections staff consists of one field inspector and one building
official both of whom are available for daily field inspections; and
WHEREAS, The City of Savage and the City of New Prague have similar staff sizes; and
WHEREAS, All three cities could have an emergency situation where they may need assistance
from the other cities; and
WHEREAS, The three cities are willing to enter into a Mutual Aid Agreement for use of building
inspection personnel and equipment.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Mayor and City Manager are authorized to enter into a Mutual Aid Agreement with the City of
Savage and the City of New Prague in order to provide equipment, personnel and facilities for
Building Inspection Services of all or part of each other's jurisdictions when necessary, and in return
to receive similar services when necessary due to service demands or resources.
3. There is no General Fund impact for this action.
PASSED AND ADOPTED THIS 1 ST DAY OF JUNE, 2009.
YES
NO
Haugen
Erickson
Hedberg
LeMair
Millar
Haugen
Erickson
Hedberg
LeMair
Millar
Frank Boyles, City Manager
www.cituoforiorlake.com
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Phone 952.447.9800 / Fax 952.447.4245
MUTUAL AID AGREEMENT
Joint and Cooperative Agreement for Use of Building Inspection Personnel and
Equipment
THIS MUTUAL AID AGREEMENT is made and entered into as of this day of ,
2009 ("Agreement") the CITY OF PRIOR LAKE, a Minnesota municipal corporation; the CITY OF
SAVAGE, a Minnesota municipal corporation; and the CITY OF NEW PRAGUE, a Minnesota municipal
corporation (hereinafter collectively referred to as the "Cities").
Section 1: Purpose
Pursuant to Minnesota Statutes ~471.59 which authorizes the joint and cooperative exercise of powers
common to contracting parties, the Cities wish to enter into this Agreement in order to provide
equipment, personnel and facilities for Building Inspection Services of all or part of each others'
jurisdictions when necessary, and in return to receive similar services when necessary due to service
demands or resources. This Agreement is intended to give each jurisdiction the authority to send its
equipment and personnel into the contracting jurisdiction. This Agreement shall be read in conjunction
with, and shall not invalidate any other Mutual Aid or Cooperative Agreement the Cities are or will be a
party to.
Section 2: Definitions of Terms
For the purpose of this Agreement, the terms defined in this section shall have the meanings given
them below:
Assistance means non-emergency assistance including, but not limited to, Building Inspection
services and building permit plan review
City means the Minnesota municipal corporation named herein that has appropriately executed this
Agreement.
Emergency means a sudden and unforeseen situation requiring immediate action.
Requesting Party means the City which requests assistance from another City.
Responding Party means the City which provides assistance to a Requesting Party.
Section 3: Execution and Termination
A copy of this Agreement shall be forwarded to each City participating in this Agreement. The
Agreement shall be effective at such time that the Agreement is executed and a resolution is adopted
by all Cities (hereinafter "Effective Date"). This Agreement shall be automatically renewed on the
anniversary date of the Effective Date each year. If an individual City wants to be removed from the
Agreement, said City must provide sixty (60) days written notice to all of the other Cities of its intent to
be removed from the Agreement. The original Agreement will continue under the same terms with the
remaining Cities. If a city or cities desires to propose an amendment to this agreement, the
amendment should be considered by the cities prior to the renewal date of this agreement.
Mutual Aid Aareement for Buildina InsDection Services
Section 4: Procedure
Whenever a City receives a call for assistance from another City, the Responding Party shall respond
to the call and make the necessary assistance available without undue delay. However, the extent of
assistance provided by the Responding Party shall be determined solely by the appropriate official of
the Responding Party.
Each City shall continue to be responsible for its own personnel, equipment, and for injuries or death to
any such personnel or damage to any such equipment. Each City's personnel shall be deemed to be
performing their regular duties for that City. Insurance coverage and any financial compensation shall
be the responsibility of each City for its own personnel and equipment. Each City waives the right to
sue another participating City for any workers compensation benefits paid to its own employee even if
the injuries were caused wholly or partially by the negligence of any other City or its officers or
employees.
No charge shall be made to any City for assistance rendered under this Agreement.
Section 5: Reciprocal Defense and Indemnification
The requesting party agrees to indemnify and defend against any claims brought or actions filed
against the responding party or any officers or employees of the other City for injury or death to any
third person or persons, or damage to the property of third persons, arising out of the performance and
provision of assistance pursuant to this Agreement.
The intent of the indemnification requirement of this section is to impose on each City a limited duty to
defend and indemnify another City for claims arising within the Requesting Party's jurisdiction subject
to the limits of the liability under Minnesota Statutes Chapter 466. The purpose of creating these
reciprocal duties to defend and indemnify is to simplify the defense of liability claims by eliminating
conflicts among defendants, and to permit liability claims against multiple defendants from a single
occurrence to be defended by a single attorney.
Under no circumstances, however, shall a City be required to pay on behalf of itself and another party,
any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466,
applicable to only one City. The limits of liability for all Cities may not be added together to determine
the maximum amount of liability for anyone City.
Section 6: Effective Date
This Agreement shall be effective upon execution by all Cities, which execution shall substantiate that
the necessary resolution has been adopted by the governing body of the executing City.
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Mutual Aid Aareement for Buildina InsDection Services
Dated:
CITY OF PRIOR LAKE
By:
Its:
(SEAL)
By:
Its:
STATE OF MINNESOTA )
)ss.
COUNTY OF SCOTT )
Acknowledge before me this day of , 2009, by _ and
, respectively the and of
the CITY OF PRIOR LAKE, a Minnesota municipal corporation, on its behalf and through the power
granted by its City Council.
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Mutual Aid Aareement for Buildina Insoection Services
Dated: ~-" "--1. .;)("'J{)a.
. I
CITY OF SAVAGE
By:k~~
b/ ~/)V ...
BY:~~ '
Its: ~ ,Li:t.,'lLViI.. "c',:1---fi:.Y-.I-v'
- I'
STATE OF MINNESOTA )
)$s.
COUNTY OF jl\tJ...r,f- ) ;.
Ayknowledge before me this tjv.->-- day of ~ I 2009, by .::J./LA..t>- ..f:..JJ.i, II t'IJ--T'LS and
!:--'M/~ .A .'f-/J2r.J( I respectively the (YJ~b.r andt.:.irt .Az,/nv\t;s#t<+-rof the
CITY OF SAVAGE. a Minnesota municipal corporation, on its behalf and throllgh the power granted by
its City Council.
EllEN GENEVIEVE CI}SSEN
NOTARY PUBUC . MINNESOTA
MY COI.NSSlOH EXf\RES 0113111013 j
~~-~----------------
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~ LL_~lL/,LI' ~'-
Notary publie
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Mutual Aid Aareement for Buildina InsDection Services
Dated:
S-\~-o,=\
CITY OF NEW PRAGUE
btS
By:
Its:
~~
m <\ Yo r
By: vut~_q. ~
Its: c.,'t- v At-:.. .' ;.; .' c: +-..."", t"", ....
STATE OF MINNESOTA )
)S8.
COUNTY OF~~Le.s,(,,",,)
Acknowledge before me this \ <'t ti day of M ..... 'if I 2009, by lM A.8 "'" n d. ,,-,,- and
M:c:.hno_' ;r. ::rohVlson , respectively the M"yo... and c.:+-v A..tw..:~.".... ~ of
the CITY OF NEW PRAGUE. a Minnesota municipal corporation, on its behalf and through the power
granted by its City Council.
~(Jj~}h ~<>~
Notary Public- - (.11
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