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HomeMy WebLinkAboutItem 06.or September 30, 2015 Item No. APPROVAL OF JOINT POWERS AGREEMENT FOR FIRE INSPECTION SERVICE WITH THE CITY OF FARMINGTON Proposed Action Staff recommends adoption of the following motion: Move to approve the Joint Power Agreement between the City of Lakeville and Farmington for fire inspection services. Passage of this motion will result in the City of Lakeville providing fire inspection services to the City of Farmington on an as needed basis. Overview Currently the City of Farmington does not have personnel to provide fire inspection services that include fire protection plan reviews, site inspections and consultation to the Farmington Fire Department or the customer. The City of Farmington will be billed on a monthly basis for hours provided, per the fees noted in the JPA. Primary Issues to Consider • 2015 Fee is stated in the JPA but we will refer to the fee schedule for 2016 and beyond. Supporting Information • JPA Agreement Fire Chief Financial Impact: $ Budgeted: Y❑/N❑ Source: Related Documents (CIP, ERP, etc.): Community Values _Good Value for Public Services JOINT POWERS AGREEMENT BETWEEN CITY OF LAKEVILLE AND CITY OF FARMINGTON THIS AGREEMENT ("Agreement") is entered into thislst day of July, 2015, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("Lakeville") and the CITY OF FARMINGTON, a Minnesota municipal corporation ("Farmington"), hereinafter collectively referred to as the "Cities." RECITALS WHEREAS, Minnesota Statutes § 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting cities; and WHEREAS, the City of Lakeville employs fire inspectors on staff; and WHEREAS, Farmington desires to have Lakeville provide certain fire inspection services to Farmington on a contract basis. NOW, THEREFORE, Farmington and Lakeville agree as follows: 1. FIRE INSPECTION SERVICES. Upon Farmington's request, Lakeville will provide technical assistance, plan reviews, and site inspections to the City of Farmington for compliance with the Minnesota State Fire Code. 2. EMPLOYEE STATUS. Lakeville's employees providing fire inspection services to Farmington shall remain employees of Lakeville and shall not be deemed employees of Farmington for any purpose. Lakeville shall maintain liability and errors and omissions insurance on its fire inspection employees at all times in amounts not less than the tort liability limitations set out in Minn. Stat. 466.04, and shall maintain all required workers' compensation insurance on such employees. 3. INDEMNIFICATION. Each City shall be liable for its own acts and the results thereof to the extent provided by law and agrees to defend, indemnify and hold harmless each other (including their officials, employees, volunteers and agents), from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the party, anyone directly or indirectly employed by it, and/or anyone for whose acts and/or omissions it may be liable, in the performance or failure to perform its obligations under this Agreement. Each City's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1 a and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1(a). 1s261Rvl a. Each City warrants that it has purchased insurance or has a self-insurance program. b. Duty to Notify. Each City shall promptly notify the others of any claim, action, cause of action or litigation brought against the City, its employees, officers, agents or subcontractors, which arises out of the services contained in this Agreement and should also notify the other City whenever a City has a reasonable basis for believing that the City, and/or its employees, officers, agents or subcontractors, or the other City might become the subject of a claim, action, cause of action or litigation arising out of the services contained in the Agreement. 4. PAYMENT FOR SERVICES. Farmington shall pay Lakeville for fire inspection services $67.50 and $95.00 for regular time and overtime in 2015, respectively, and as identified in the City's Official Fee Schedule for future years, plus mileage at the current Internal Revenue Service (IRS) rate. Lakeville shall invoice Farmington monthly for services rendered and Farmington shall pay the invoices within thirty-five (35) days of receipt of an invoice. 5. TERM. This Agreement is for an indefinite term but may be terminated by either City upon sixty (60) days written notice to the other City. 6. DOCUMENTS. All documents relating to fire inspections in Farmington, including electronic data prepared under this Agreement, shall be the property of Farmington and will be collected and maintained in a manner as deemed appropriate by Farmington consistent with its records retention schedule. 7. MINNESOTA GOVERNMENT DATA PRACTICES ACT All data collected, created, received, maintained, or disseminated, in any form, for any purposes because of this Agreement is governed by the Minnesota Government Data Practices Act (Minn. Stat. Chapter 13), and Federal Regulations on data privacy. The person responsible for release of all data under this Agreement shall be identified by each City. 8. ENTIRE AGREEMENT. This Agreement supersedes any prior or contemporaneous representations or agreements, whether written or oral, between the Cities and contains the entire agreement of the Cities related to fire inspection services. 9. AMENDMENTS. Any modification or amendment to this Agreement shall require a written agreement signed by all parties. 10. 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 City, or if deposited in the U.S. First Class mail, postage prepaid, as follows: a. Notice to: City of Lakeville City Administrator 20195 Holyoke Ave. 1s261Rvl 2 Lakeville, Minnesota 55044-8339 b. Notice to: City of Farmington City Administrator 4303 rd St. Farmington, Minnesota 55024-1355 CITY OF LAKEVILLE WE WE Matt Little, Mayor Charlene Friedges, City Clerk CITY OF FARMINGTON U. 1s261Rvl Todd Larson, Mayor Cindy Muller, City Clerk