HomeMy WebLinkAboutCity of Richland MOA - Employee Services - Rental Inspector Svs Contract No. '140-10
MEMORAN OUM OF AGREEMENT FOR EMPLOYEE SERVICES
BETWEEN
THE CITY OF RIC HLAN U, WASHINGTON
AND
THE CITY OF PASCO, WASHINGTON
THIS MEMORANUUM of AGREEMENT is entarad into this day of Uecambar, 2010.
between the City of Richland a municipal corporation of the A—tt of Washington, hereafter
referred to as "Richland" and the City of Pasco, a municipal corporation of the State of
Washington, heraafter referred to as "Pasco", or collectively as "Parties". This agreement is
entered into under the provisions of City o£ Richland Resolution No. 76-10 and City of Pasco
Resolution .3a9t
SCOPE of WORK: Rantal Insaactor for the City of Rlcbland
Puroosa'
A. The purpose of this agreement is to describe the tarms and raspunaibilitias of the
parties. regarding the provision of Rental Inspector services as mutually agreed.
Gaala:
A. To provide a Rental Inspector for the City of Richland for specific functions and
rasponsibilitias in ordar to eliminate tha naed to contract for rental inspections during the
City of Richland pilot rental inspection program.
B. To provida an amployaa services agreement for the City of Pasco as the cooperating
agency and the City of Richland as the host agency to enable this cooperative effort.
Oblactives-
A. This program is for the parties to conduct a rental inspection pilot program in the City of
Richland as dascribad and sat forth in this program.
S. This program shall ensure that both parties are aware of the performance axpactations
and limitations imposed on the Rental Inspector in this role.
Outcamas:
A. This agreement will anable the City of Richland to provida an experienced and trained
parson to conduct rental inspections for up to SOO units while providing field training to
City of Richland staff, should the program be fully implamantad in the future.
Prooram Manaoamant Structu ra:
A. Prooram LiFacvcle
a. This pilot project shall begin on Monday Oacambar 13, 2010 and be completed
no later than March 28, 2011
13 Pro'act Organization
a. It shall be the responsibility of the, City of Pasco employee to meet the inspection
performance obligations of this program. The City of Richland Mra Code Official
shall most the administrative and raporting performance obligations of this
program, and shall meet with the Pasco employee to review the roles and
responsibilities prior to commencing the inspactions and, thereafter, whenever
requested by either party. Such meetings shall take, place within seven (7)
calendar days from the data a request is received from aithar party. Such s
meeting shall take places at the COnvanience of the parties.
C. Roles and Rasoonsibilitias
a. Each party is to recognize and honor the limitations and expectations of the role
of the Rantal Inspector and the timaframas established herein and not place
unnecessary requests for performance or barriers that will impede meeting the
naeds of both parties as intended in this agraamant.
b. The City of Richland shall supply all the necessary supervision, support, and
training necessary to fulfill the roles and responsibilities as Rantal Inspector in
the City of Richland.
c. The City of Richland shall provide personnel to accompany the Rental Inspector.
d. The City of Richland shall provide all paperwork and forms.
a. The City of Richland shall provide all scheduling and access verification for all
inspactions.
f. For inspection purposes, the City of Richland shall provide officially markad City
of Richland transportation for the Rantal Inspector.
g. Access to all units to be inspected shall be autborizad by the, landlords and
occupants tharso£, and erifiad by the City of Richland at least 48 hours in
advances of the inspactions. and pursuant to the provisions for inspection of
rented dwelling units established by RCW 59. 18.
h. The City Of Richland shall accommodate unanticipated absences and sick leave
as may be needed from time to time.
i. The City of Pasco shall provide s sufficiently trained inspector for the pilot
inspection program and the availability of its Inspection Services Manager for
assistance with programmatic recommendations and advice. Pasco shall also
provide a standard inspection checklist for use at each inspection and the
checklist template to the City of Richland.
13. Financial Provisions
a. The agreement provides for compensation in the sum of $45.00 per hour for the
inspection and re-inspection (as applicabla) of each rental unit and also includes
programmatic recommendations or advice from Pasco's Inspection Services
Manager; provided, however, total compensation shall not axcaad $25.000.
b. Payment shall be made to the City of Pasco by the City of Richland for the
servioas described in this agreement as billed on a monthly basis.
E. Performance
a. The Rental Inspector shall operate in e legal and ethical manner at all times in
the performance of his duties for the City of Richland. The Rental Inspector shall
be in uniform and have identification available for customers at each inspection.
All related records shall be forwarded to the City of Richland no less than weekly.
F. Allocation of Liability/Indemnification
a. The Parties agree that any liability or claim arising out of the actions or inactions
of an employee shall be the responsibility of the Party for whom the amployea(s)
was/were acting. In the event the employee(s) was/were acting on behalf of both
parties, liability is agreed to be split equally to each Party or as otherwise
mutually agreed in writing.
b. In furtherance of the above provision, any such responsible party, agrees to hold
harmless and indemnify and defend the other Party and their officers, officials,
employees, and volunteers who are not responsible under the above provision,
from any loss, claim, or liability arising from or out of the negligent actions or
actions of the employee that may occur while that employee is working solely
on behalf of the responsible party.
c. In the event that a claim or lawsuit is brought against a Party or its employees)
for actions arising out of this Agreement, such Party shall promptly notify the
other Party that said claim or lawsuit has been filed or commenced.
d. The Parties to this Agreement and their raspactive legal counsel, shall, to Me
extant reasonably possible and c onsistant with the bast interests of their
raspactive clients, cooperate with the defense of any lawsuit arising out of this
Agreement; provided this cooperation does not require the Parties to share any
out-of-pocket litigation costs. Said costs will be the responsibility of the Party
obligated to defend any such lawsuit.
a. Upon request, each Party shall share with the other, the terms of their respective
liability insurance policies to allow for coordination of coverage. The consent of
any liability insurance carrier or self-insured pool or organization is not required
to make this Agreement affective between the Parties, and the failure of any
insuran�o carrier or self-insured pooling organization to agree or follow the terms
of this Agreement on liability allocation shall not relieve either Party from its
obligations under this Agreement.
f. Except for liabilities and claims related to the actions and inactions of employees
as set forth above, all other rights, duties, and obligations with raspact to any
particular employee shall remain with the Party contributing that employee.
Additionally, each Party shall be responsible for compliance with the provisions of
any applicable collective bargaining agreements and civil service rules and
regulations. Nothing in this Section shall be interpreted to waive any defense
arising out of RCW Title 51 .
G. Insurance
For the duration of this Agreement, the Parties shall each maintain insurance in the
same coverage and amounts as each Party currently has coverage. If either Party
makes changes that decreases the coverage or amounts of covaraga. they shall notify
the other Party in writing 60 days prior to affective data of said change.
For vehicles, equipment, or other tangible property that is shared. loaned, ranted p
utilized in some manner on behalf of either Party, the following shall apply:
a. For insurable assets: The Party which rants or uses the asset from the other shall
be responsible for general liability and auto liability oovarage, and reimbursement
not to exceed $25,000 for auto physical damage or property/inland marine
deductible regardless of the daductible applicable to the asset. Eaah Party will
provide Evidence of General Liability, Auto Liability, Auto Physical damage, and
Property/Inland Marine Coverage.
b. For assets that are owned and utilized by a Party's staff on behalf of the other
Party. insurance and liability shall remain with the Party owning and using the
asset.
c. The Party using an asset shall be fully responsible for all routine repairs,
maintenance and upkeep of the asset during the agreed term of use unless
agreed otherwise in writing.
d. The availability of the asset is dependent on many factors and this Agraamant
will not bind a Party to provide the asset if the loan causes undue risk to the
safety and operations of the Party. Likewise, with reasonable notice to the Party
renting the asset may request its immediate return if the use causes undue risk
to the safety and welfare of its citizens.
H . Constraints
a. None specifically noted.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first above written. "7
CITY O F/RICHLAN O. WASHINGTON CITY OF CSCO ASHI lGTON
- CYNT / �� HNSON Cigar FI
City Ma a er CityiManagar
ATTEST: ATTEST:
OEBRA BARHAM IE C K
Deputy City CIerK City CIerK
APPROVED AS TO FORM: APPR AS TO FORM:
�'7/
�fHOMAS'_<-LAMPS�O�� LEE KERB
City Atternay City Attorney
RESOLUTION NO. 76-10
A RESOLUTION OF THE CITY OF RICHLANO
authorizing the City Manager to negotiate and enter into an
employee services agreement with the City of Pasco for
inspector services.
WHEREAS, Richland maintains an organized inspection program and Pasco
maintains an organized inspection program; and
WHEREAS. it has been determined by each of the Parties hereto that it would be
in the best interests of the citizens of the respective jurisdictions, and of mutual benefit
to the delivery of inspection services, if, in some circumstances, the services of one City
be extended outside corporate limits of that City into another; and
WHEREAS, the Parties desires to enter into an Employee Services agreement,
wherein Pasco will provide Inspector services to Richland .
NOW. THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY
OF RICHLAN O, WASHINGTON that the City Manager is authorized to negotiate and
enter into an employee services agreement with the City of Pasco for inspector
services.
Sa IT FURTHER RESO LVEO that this resolution shall take effect immediately.
AOOPTEO by the City Council of the City of Richland at a regular meeting on the
l6t' day of November, 2010-
N FOX
ayor
ATTEST: APPROVED AS TO ORM:
a A C. t3ARHAM , THOMAS O.
Ch LAMPSON '
Chief f Oeputy City Clark City Attorney
AaopteA
11/16/10 1 ResoluEOn No. 76-10