#05 Authorize to enter into agreement with City of Beloit for commerical plumbing inspection services (File Res. #2011-868)
Community Development Department Memorandum
Date: December 12, 2011
TO: Janesville City Council
FROM: Gale Price, Manager of Building & Development Services
SUBJECT: Action on a Proposed Resolution Authorizing the City Manager to Execute a
Commercial Plumbing Inspection Service Intergovernmental Cooperation
Agreement between the City of Janesville and the City of Beloit (File
Resolution No. 2011-868).
_____________________________________________________________________
I. EXECUTIVE SUMMARY
The City of Beloit has agreed to provide the City of Janesville Commercial Plumbing
Inspection Services. Resolution 2011-868 allows the City of Janesville to enter into an
Intergovernmental Agreement with the City of Beloit to provide those services for a
period of up to one year.
II. STAFF RECOMMENDATION
The Community Development Department recommends that the City Council allow the
City to enter into this intergovernmental agreement.
III. CITY MANAGER RECOMMENDATION
This is one effort that came out of the joint Janesville-Beloit meetings. The City will not
immediately fill one of the City’s inspector positions for the first quarter of next year.
During that time period we will contract with Beloit to provide full-time plumbing
inspector services.
I believe this will be beneficial during this interim period.
IV. ANALYSIS
As a part of the 2012 City Budget, the City Manager has included a provision to leave
the Plumbing Inspector position open for at least two months following the retirement of
the current Plumbing Inspector later this month. The City needs to continue to provide
this service, but due to lower construction activities in both Janesville and Beloit neither
entity needs a full-time plumbing inspector. Therefore, an intergovernmental
agreement has been proposed which is anticipated to create salary savings in the City
of Janesville budget.
Through the Agreement the City of Beloit will provide Commercial Plumbing Inspection
Services on an hourly basis and the City of Janesville will reimburse Beloit on the
hourly basis plus mileage equal to the Federal Reimbursement Rate for travel to and
from construction sites.
The agreement provides for this arrangement to extend up to one year from the date of
approval. The budget anticipates the Plumbing Inspection position to be open for two
months but this agreement allows for a period of up to one year.
RESOLUTION NO. 2011- 868
A resolution approving a Commercial Plumbing Inspection Services Agreement (Agreement) between
the City of Janesville and the City of Beloit.
WHEREAS, the Common Council of the City of Janesville desire to provide their property owners,
taxpayers, residents, citizens, and developers the proper building inspection services to protect the
health, safety, and welfare of the community; and
WHEREAS, the Common Council of the City of Janesville desire to enter into a cooperative
agreement with the CITY OF BELOIT to provide Commercial Plumbing Inspection Services to the
CITY OF JANESVILLE; and
WHEREAS, this Agreement defines the purpose, provisions, terms, and conditions upon which the
City of Beloit agrees to provide said inspection services to the City of Janesville; and
§
WHEREAS, Wis. Stats, 66.0301and related statues empower(s) the parties to enter into this
intergovernmental cooperation agreement.
NOW, THEREFORE, BE IT RESOLVED BY the Common Council of the City of Janesville as follows:
1. Each of the above recitals are reiterated and incorporated herein by reference as if fully set verbatim.
2. The attached proposed Intergovernmental Agreement between the City of Janesville and City of Beloit
for Plumbing Inspection Services is hereby approved and authorized.
BE IT FURTHER RESOLVED, that the City Manager and his designee(s), on behalf of the City of Janesville,
are hereby jointly and severally further authorized and empowered to negotiate, draft, review, review, modify,
amend, execute, enter into, file and/or record additional agreements, amendments, documents, and letters of
understanding concerning this matter, and to take whatever additional other minor actions that the City
Manager may determine in his sole discretion, from time to time and at any time, necessary and/or desirable in
the public interest to effectuate the intent of this Resolution.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Dongarra-Adams
Eric J. Levitt, City Manager
Liebert
McDonald
ATTEST:
Rashkin
Steeber
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Community Development Department
Prepared by: Community Development Department
COOPERATIVE AGREEMENT
BETWEEN
CITY OF JANESVILLE AND THE CITY OF BELOIT
REGARDING COMMERCIAL PLUMBING
INSEPCTION SERVICES
THIS AGREEMENT entered into this, _____ day of December, 2011, by and
between the CITY OF JANESVILLE and the CITY OF BELOIT, hereinafter referred to as
“Cities,” pursuant to Section 66.0301, Wis. Stats.
WITNESSETH
WHEREAS, the Cities desire to provide its citizens and developers the proper
building inspection services to protect the health, safety and welfare of the community; and
WHEREAS, the Cities desire to enter into a cooperative agreement to allow the
CITY OF BELOIT to provide Commercial Plumbing Inspection Services to the CITY OF
JANESVILLE; and
WHEREAS, the Cities can facilitate this through an intergovernmental agreement
pursuant to Section 66.0301 Wis, Stats.
PURPOSE
The purpose of this Agreement is to define the rights and obligations of the CITY OF
BELOIT AND THE CITY OF JANESVILLE with respect to the CITY OF BELOIT providing
Commercial Plumbing Inspection Services to the CITY OF JANESVILLE.
TERM
This Agreement shall take effect upon execution by all parties hereto, and shall
remain in effect for a period of three (3) months, starting upon the day upon which the
governing bodies of the Cities have executed or authorized the execution of this
agreement. Without notice the agreement shall extend an additional period of three (3)
months if written notice is not provided by one of the cities to the other city to terminate the
agreement. The agreement may automatically renew a total of three (3) times to cap the
maximum length of the agreement to be one (1) year. After said one (1) year period, a new
agreement must be entered into to further provide inspection services.
TERMINATION
Termination of this agreement shall be provided in writing by one City to the other
City if one of the parties desires to terminate the agreement for any reason before a
renewal. Termination notice shall be provided a minimum of thirty (30) days before renewal
of the agreement shall take place. No termination notice is required at the end of the
agreement (one year), as provided under “Terms” above.
PROVISIONS
The CITY OF BELOIT will provide contract inspection services to the CITY OF
JANESVILLE for Commercial Plumbing Inspection. Said inspection services shall include:
Inspection of Commercial Plumbing Systems;
Inspection of New and Replacement Water and Sewer Laterals;
Commercial Plumbing Plan Review for more than six (6) additional fixtures in
accordance with City of Janesville Ordinance;
Coordination of Building Construction Issues as they relate to plumbing construction;
Issuance of orders to correct and inspection reports.
The CITY OF BELOIT agrees to provide one inspector and necessary equipment for
the inspection of the plumbing work associated with various Commercial Plumbing permits
issued by the CITY OF JANESVILLE. Said inspection services are contracted and thus the
inspector will be an employee of the CITY OF BELOIT and not an employee of the CITY
OF JANESVILLE. The CITY OF JANESVILLE will not provide benefits, including health
insurance, vacation, pension, workers compensation or any other benefit for the inspector.
FEES
Chargeable hours are for inspection services on the various job sites will be billed
at $50.00 per hour inclusive of normal work hours and is exclusive of lunch and other
breaks, but shall include any necessary office time relating to such Janesville inspection
services. Additional charges at the then current IRS mileage rate in accordance with CITY
OF BELOIT policy shall be charged in addition to the chargeable hours for services.
Mileage reimbursement will include travel from Beloit to Janesville in addition to mileage
while performing inspections in Janesville. Should the inspector be called upon for further
follow-up services after this agreement is otherwise terminated the fee provisions herein
shall remain applicable. Such follow-up service would include, but is not limited to,
consultation or testimony relating to inspection services provided during the term hereof.
INDEMNIFICATION
The CITY OF JANESVILLE hereby agrees to indemnify, save harmless and defend
the CITY OF BELOIT and its inspector from any and all claims, actions, damages, liability,
and expenses in connection with any personal injury, damage to property, or other claims
made against the City of Janesville or its inspector related to the providing of inspection
services to be provided herein.
The laws of the State of Wisconsin shall govern all questions and interpretations
concerning the validity of construction of this Agreement and the legal relations and
performance and obligations between the Cities.
CITY OF JANESVILLE
By:____________________ Date:________________
Eric Levitt, City Manager
CITY OF BELOIT
By:____________________ Date:________________
Larry Arft, City Manager