Loading...
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