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Home My WebLink About2021-4026Contract #2021-4026 JOINT AGREEMENT AND CONTRACT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE CITY OF HILLTOP FOR RENTAL LICENSING SERVICES This agreement made and entered into by and between the City of Columbia Heights, hereinafter referred to as "Columbia Heights" and the City of Hilltop, hereinafter referred to as "Hilltop;" WITNESSETH: WHEREAS, Hilltop is desirous of contracting with Columbia Heights for the performance of various services within the Municipality related to enforcement of Hilltop's rental licensing ordinance to include; WHEREAS, Columbia Heights Fire Department presently provides rental licensing services in Columbia Heights; and, WHEREAS, Columbia Heights, by and through the Columbia Heights Fire Department, is agreeable to rendering services on the terms and conditions hereinafter set forth. THEREFORE, in consideration of the covenants herein contained the parties hereto agree as follows: SECTION I That During the term of the agreement, Columbia Heights by and through its Fire Department, shall furnish rental licensing services to Hilltop to the same extent as is afforded to Columbia Heights by Fire Department of Columbia Heights, with some administrative differences as provided herein. SECTION II That Columbia Heights Fire Department shall provide the required enforcement and administration of Hilltop's currently adopted Rental Housing Regulations and Licensing Ordinance; work in conjunction with the Columbia Heights Police Department to enforce Crime Free Housing Program contained within the Rental Housing Regulations and Licensing; and, represent the Hilltop as its Rental Inspector. SECTION III This section is set forth to clarify the responsibilities of the Hilltop and Columbia Heights and to establish procedures for performing Residential Rental Housing inspection services. A. Responsibility of Hilltop: 1. Administer the Residential Rental Housing Program. 2. Complete all periodic reports and government surveys. 3. Prosecute all violations, by and through its City Attorney, as it deems necessary and appropriate. 4. Provide Residential Rental Housing Regulation and Licensing Ordinance information to citizens and/or refer citizens to the Columbia Heights Fire Department for complaints and additional information. B. Responsibility of Columbia Heights: 1. Perform all on -site inspections required for Rental Housing Regulation and Licensing Ordinance enforcement. 2. Bill licensees for established license fees and other program charges, collect payment, and remit collected fees and charges to Hilltop. 3. Provide inspection reports, accounting reports, and other information for the permanent records kept by Hilltop. 4. Assist in all Rental Housing Regulation and Licensing Ordinance prosecutions and/or with the fire department's time, testimony as required, and records and provide nuisance abatement services related to rental properties for Hilltop. 5. Respond to citizen inquiries and provide education to residents related to Rental Housing Regulation and Licensing Ordinance enforcement. 6. Investigate rental complaints as requested by Hilltop. 7. Recommend updating of Rental Housing Regulation and Licensing Ordinances. 8. Represent Hilltop as its Rental Inspector. 9. Serve as authority to administer and enforce the Rental Housing Regulation and Licensing Ordinance. 10. Provide Hilltop with timely reports as reasonably requested by Hilltop which include but are not limited to; a monthly summary of the inspections performed. 11. Assist Hilltop on City Rental Housing Regulation and Licensing Ordinance related issues. 12. Attend City Council Meetings, as requested, to discuss issues related to the Rental Housing Regulation and Licensing Ordinance, rental inspections, and program administration. 13. Columbia Heights shall be responsible for maintenance of required or appropriate certification and continuing education as Rental Inspector under the laws of the State of Minnesota and shall be responsible for supplying any and all technical manuals and reference materials. 2 14. Columbia Heights shall provide, at its sole expense, all necessary equipment, vehicles and supplies to carry out its obligations under this agreement. SECTION IV That as for compensation for these contracted services, Hilltop shall pay to Columbia Heights for rental licensing services as described the amount of $15,000 covering the period corresponding thereto. SECTION V That the contract is for a one-year commencing September 1, 2021. This Agreement shall remain in force and effect from the effective date of service for a period of one year (the "initial term"). Following the initial term, this agreement shall automatically renew for subsequent one- year terms, with a compensation increase of the base fee and annual inflation on the base fee equal to the inflation factor in the Fire Fighting and Emergency Medical Services contract with Hilltop, unless either parry gives written notice to the other parry at least sixty (60) days prior to the expiration of the initial term. Should substantial and material changes in conditions occur which are beyond the control of either Columbia Heights or Hilltop, Hilltop and Columbia Heights agree to good faith renegotiations of the Contract terms. Should substantial or material changes occur such that performance by Columbia Heights or Hilltop becomes impossible, then this Agreement can be terminated by Columbia Heights or Hilltop upon sixty (60) days' written notice by either city and remit to Hilltop a prorated amount of the contract fee. SECTION VI That Hilltop shall pay the contract compensation in full upon commencement of the contract. Payment made after the due date shall bear interest at the rate of 8% on the delinquent balance until paid. SECTION VII That Hilltop shall indemnify Columbia Heights and hold it harmless from all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities arising out of rental licensing services furnished by Columbia Heights to Hilltop. However, such indemnification liability of Hilltop to Columbia Heights shall specifically exclude workers' compensation claims, motor vehicle no-fault claims (PIP), health and medical care costs for Columbia Heights employees. Hilltop has obtained insurance coverage from LMCIT to cover this contractual liability. Hilltop's liability to Columbia Heights shall be limited to the coverage afforded by this insurance policy, except that the $10,000.00 deductible provision of the policy shall not apply to Hilltop's responsibility to indemnify Columbia Heights. Hilltop shall name Columbia Heights as a certificate holder on said insurance policy, and the policy shall bear a provision that requires that 3 insurer give Columbia Heights not less than thirty (30) days' written notice of termination, cancellation, or any change in coverage under the policy. The cancellation provision may not bear a disclaimer limiting the obligation of the insurer to only "endeavor" to give notice and may not contain a disclaimer that the insurer shall bear no responsibility by failing to provide such notice. Columbia Heights shall have the right to examine and inspect any policies of insurance issued to cover Hilltop's contractual liability established by this Agreement, including the first policy to be issued hereunder. Columbia Heights shall further have the right to demand reasonable assurances from Hilltop's insurers that Hilltop's insurers will not attempt to invalidate the indemnity provisions of the contract. Hilltop agrees to use its best efforts to maintain the same or similar liability insurance during the term of this Agreement. This Agreement to indemnify and hold harmless does not constitute a waiver by either Columbia Heights or Hilltop of limitations on liability provided by Minnesota Statutes, Chapter 466. SECTION XI Notwithstanding any provision herein to the contrary, in the event that Hilltop fails to maintain and furnish to Columbia Heights required policies of insurance as satisfactory to Columbia Heights or if Hilltop's insurer fails to provide the assurances required, Columbia Heights may at any time during the term of this Agreement terminate this Agreement effective upon sixty (60) days' written notice to Hilltop. SECTION XII Columbia Heights and Hilltop agree to resolve all disputes among them arising from this Agreement by arbitration and without the time and expense associated with court proceedings, pursuant to the terms of the Minnesota Arbitration Act, Minnesota Statutes Chapter 572, et seq., and in agreeing to refrain from bringing suit against each other for the duration of this Agreement, the arbitration established by this Agreement shall be conducted according to the rules of the American Arbitration Association. 0 IN WITNESS WHEREOF, the parties have duly executed this Agreement by their duly authorized officers and caused their respective seals to be hereunto affixed. Dated this day of 20•Zf. Approved as to form: CITY OF COLUMBIA HEIGHTS A Municipal Corporation By B .�Lt im Deft ity rney *Amddag arquez Simula, Mayor oolumbia Heights Approved as to form: r By L Peggy Urk , Cit Attorney 5 and Kelli ourgeois, City -Manager CITY OF HILLTOP A Municipal Corporation By Terry g i tgin, MaVI For Hop and &4tt , Ruth Nelsen, City Clerk