HomeMy WebLinkAbout6.g. Approval of Joint Powers Agreement Between the City of Apple Valley and the City of Rosemount to Provide SSTS ServicesEXECUTIVE SUMMARY
City Council Meeting : December 2, 2014
AGENDA ITEM : Approval of Joint Powers Agreement
Between the City of Apple Valley and
the City of Rosemount to Provide
SSTS Services
AGENDA SECTION:
Consent
PREPARED BY : Kim Lindquist, Community Development
Director AGENDA NO.
ATTACHMENTS : JPA APPROVED BY:
RECOMMENDED ACTION: Motion to authorize the Mayor to execute the attached JPA
SUMMARY
Apple Valley contacted our Chief Building Official to ask if Rosemount staff would be willing to carry out
the inspection and review of the subsurface septic treatment systems. They have a limited amount of systems
and are trying to serve those residents without having a fully trained SSTS inspector on staff. It is estimated
the Apple Valley has approximately 40 systems, whereas Rosemount has 565.
BACKGROUND
Similar to other inspectors, the Septic Inspector must go through a continuing education and recertification
program. Alan Strand is attending a meeting tomorrow which will finish credits to maintain his certification
for the next 3 years. Apple Valley has requested our services for review of new and replacement systems and
for inspection during installation. Apple Valley will continue to administer the maintenance program.
Staff is recommending the JPA run for 3 years. The agreement can be terminated later upon 30 days notice.
Additionally, the city fees have been included. They can be adjusted upon 45 days notice by the City of
Rosemount.
Staff is comfortable that the agreement will not place an undue burden on our inspection staff. Given the
small amount of systems within Apple Valley, and the intention that they will add very few, the work load
should be manageable. If a problem is experienced, the City will be able to terminate the agreement with
proper notice.
RECOMMENDATION
Staff recommends the Mayor and City Clerk execute the attached Joint Powers Agreement.
6.g.
PROFESSIONAL SERVICES AGREEMENT
RELATED TO SUBSURFACE SEWAGE TREATMENT SYSTEMS
THIS AGREEMENT is made by and between the City of Rosemount (“Rosemount”) and the
City of Apple Valley (“Apple Valley”), bot h Minnesota municipal corporations (collectively
referred to as the “Cities”).
1.Authority . This Agreement is entered into pursuant to Minn. Stat. § 471.59.
2.Purpose . The purpose of this Agreement is to enable Rosemount to provide professional
services to Apple Valley related to subsurface sewage treatment systems (SSTS) to
ensure such systems located within Apple Valley comply with state regulations and
Apple Valley City Code.
3.SSTS Professional Services . Apple Valley may engage R osemount’s SSTS certified
employee (“SSTS Inspector”) on an as-needed-basis to perform all SSTS compliance
services (“Services”) for Apple Valley. The Services shall include, but are not limited to:
Reviewing and approving SSTS permit applications, site evaluations and site
designs for new construction and replacement systems.
Inspecting new construction and replacement SSTS.
Verifying the submittal of management plans.
Confirming registered SSTS products are used in constructing such systems.
Periodically inspecting the installation, repair, replacement and/or construction of
an SSTS, including the testing of soil conditions prior to issuance of a certificate
of compliance.
Issuing written certificates of compliance and notices of noncompliance.
Performing any other services required to ensure new construction and
replacement SSTS comply with state regulations and Apple Valley City Code.
4.Required Qualifications . Rosemount represents and warrants to Apple Valley that the
current SSTS Inspector meets all of the requirements to be a “qualified employee” under
Minn. R. Ch . 7083.
5.Employment Status . The SSTS Inspector is and shall continue to be deemed an
employee of Rosemount and shall not at any time be deemed an employee of Apple
Valley. The SSTS Inspector shall remain subject to the human resources and other
policies of Rosemount.
6.Term of Agreement . The term of this Agreement shall be three years commencing on
the later date that either of the Cities have signed this Agreement, except that either of the
Cities may terminate this Agreement at an earlier date upon thirty (30) days written
notice.
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7.Reimbursement . Apple Valley shall reimburse Rosemount for the SSTS I nspector’s
Services provided to Apple Valley in accordance with the attached Fee Schedule.
Rosemount may annually amend the attached Fee Schedule and shall provide Apple
Valley with the amended Fee Schedule at least forty-five (45) days prior to the effective
date thereof. Rosemount may submit periodically, but not more than once each month,
an itemized statement for the Services provided under the terms of this Agreement.
Apple Valley agrees to make payment on each itemized statement within thirty (30) days
from the date of receipt of the statement.
8 .Insurance.
8 .1 General Liability Insurance . Rosemount agrees to maintain in force
comprehensive general liability insurance equal to or greater than the maximum
liability for tort claims under Minn. Stat. § 466.04, as amended. Rosemount
further agrees to name Apple Valley as an “additional insured” under it s general
liability insurance policy. If Rosemount is notified that its insurance is cancelled,
it will immediately notify Apple Valley in writing.
8 .2 Workers’ Compensation Insurance . Rosemount shall maintain workers’
compensation coverage or self-insurance coverage, covering its employees while
they are providing services pursuant to this agreement. Rosemount waives the
right to sue Apple Valley for any workers’ compensation benefits paid to
R osemount’s employee(s) or their dependents, even if the injuries were caused
wholly or partially by the negligence of Apple Valley, or its officers, employees
or agents. Rosemount shall be responsible for any injuries to or claims of its
employees arising from the services provided under this Agreement.
9 .Indemnification . Rosemount shall be liable for its acts or omissions and those of its
officers, employees and agents and shall defend, indemnify and hold harmless Apple
Valley for any claims, damages or costs incurred due to the negligent or willful acts of
Rosemount and its officers, employees and agents as a result of or arising from the
services provided under this agreement.
10 .Amendments. Any amendment to this Agreement must be in writing and will not be
effective until it has been approved and executed by the Cities.
1 1 .Complete Agreement . This Agreement contains all agreements between the Cities with
respect to the subject matter of this Agreement. No other understanding regarding this
Agreement, whether written or oral, may be used to bind any City.
12 .State Audits . Under Minn. Stat. § 16C.05, subd. 5, each City’s books, records,
documents, and accounting procedures and practices relevant to this Agreement are
subject to examination by the State and/or the State Auditor or Legislative Auditor, as
appropriate, for a minimum of six years from the end of this Agreement.
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13 .Government Data Practices. The Cities shall comply with the Minnesota Government
Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by each City
under this Agreement, and as it applies to all data created, collected, received, stored,
used, maintained, or disseminated by any City under this Agreement. The civil remedies
of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by any
City.
If either City receives a request to release data that it received from the other City, the
City receiving the request must immediately notify the City from whom the data
originated of this request. The Cities will promptly consult and discuss the best way to
respond to the request.
1 4 .Governing Law and Venue. This Agreement shall be governed and construed in
accordance with the laws of the State of Minnesota without regard to its conflict of laws
provision. The Cities agree that any action arising out of this Agreement or with respect
to the enforcement of this Agreement shall be venued in the Dakota County District
Court, State of Minnesota.
1 5 .Counterparts. This Agreement may be executed in any number of counterparts, each of
which when so executed shall be deemed to be an original and the counterparts shall
together constitute one and the same agreement.
IN WITNESS WHEREOF , the Cities hereto have caused this Agreement to be executed
by their respective duly authorized officers.
Dated: _______________________ CITY OF APPLE VALLEY
________________________________
By: Mary Hamann-Roland
Its: Mayor
________________________________
By: Pamela Gackstetter
Its: Clerk
Dated: _______________________ CITY OF ROSEMOUNT
________________________________
By: Bill Droste
Its: Mayor
________________________________
By: Clarissa Hadler
Its: Clerk
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SSTS Services Fee Schedule
Reviewing and approving SSTS permit applications, $40.00
site e valuations and site designs for new construction
and replacement systems.
Inspecting new construction and replacement SSTS. $200.00
Verifying the submittal of management plans. $30.00
Confirming registered SSTS products are used in $30.00
c onstructing such systems.
Periodically inspecting the installation, repair, $125.00
r eplacement and/or construction of an SSTS, including
the testing of soil conditions prior to issuance of a
certificate of compliance.
Issuing written certificates of compliance and notices $30.00
of noncompliance.
Performing any other services required to ensure new $90.00/hr
c onstruction and replacement SSTS comply with state
regulations and Apple Valley City Code.