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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. 2 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. 3 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 4 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.