5.f) Agreement for Subsurface Sewage Treatment System Inspection Services Meeting Date: 11/16/2010
Agenda Item: `
� �
City Council Agenda Report
City of Scandia
14727 209`h St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Approve Agreement for Individual Sewage Treatment System (ISTS)
Inspection Services with Washington County.
Deadline/Timeline: Current agreement expires December 31, 2010.
Background: • Scandia has adopted by reference Washington County's ordinance
for subsurface sewage treatment systems (SSTS), and has an
agreement with the Washington County Health Department that
defines the responsibilities of both the City and County concerning
enforcement of the ordinance.
• The new agreement proposed by the County includes some
changes to reflect the adoption of an updated ordinance, and some
changes to procedures for coordinating SSTS permitting with city
permits and inspections.
• Costs for the County's administration of the ordinance are paid by
permit fees, which are retained in their entirety by the County.
• The term of the new agreement would be from January 1, 2011
through December 31, 2012.
• The attached agreement was reviewed by the City Attorney.
Recommendation: I recommend that the City Council approve the agreement.
Attachments/ • Letter dated October 20, 2010 from Amanda Strommer, Program
Materials provided: Manager
• Draft Agreement
Contact(s): Amanda Strommer(651 430-6744)
Prepared by: Anne Hurlburt, Administrator
(SSTS agreement wash co)
Page 1 of 1
10/26/10
• �.^ Department of Public
W� g Wn Health and Environment
~CD�n� RECEIVED Lowell Johnson
Director
October 20, Zolo OCt 2 i 2010
Sue Hedlund
Deputy Director
City of Scandia CITY OF SCANDIA
Anne Hurlburt
14727 209th Street North
Scandia, MN 55073
Washington County, through its Department of Public Health and Environment(Department),has
historically provided, and it is the county's desire to continue to provide, septic system permitting and
inspection services for the City of Scandia.
The most recent Agreement between the city and the county will expire on December 31, 2010.
Please be assured there will be no interruption of service to the city while we work jointly to execute
a new Agreement.
The enclosed contract has been changed to reflect the adoption of the Washington County
Development Code, Chapter Four, Subsurface Sewage Treatment System(SSTS) Regulations
(Washington County Ordinance#179). Individual Sewage Treatment System(ISTS)has been
changed to Subsurface Sewage Treatment System(SSTS) and ISTSRO has been changed to SSTSRO
throughout the document.
Additional changes to the Agreement from the previous version include:
• SCOPE OF SERVICES—County's Responsibilities—
o Providing applications to the city before the county would issue the SSTS permit.
This language is updated to state that if a copy of the permit is requested by the city,
the county will provide the permit within 5 working days. This language more closely
follows the standard of practice with the community and allows for a quicker response
time on permits to applicants. The county will still work closely with the city if any
zoning or land use issues arise.
o The previous contract had language about the adoption of the new county ordinance in
accordance with state rules. This language has been removed as the ordinance
adoption process is complete.
• SCOPE OF SERVICES—City's Responsibilities—
o Revised language to be consistent with approving permits by the county as outlined
above.
o Revised#7 to be consistent with the language in#2 regarding certificates of
occupancy for new construction or the addition of bedrooms in areas not served by
municipal sewer.
• TERMS AND EFFECTIVE DATE—Dates changed to reflect effective date of January 1,
2011 and termination date of December 31, 2012.
Govemment Center • 14949 62nd Street North—P.O. Box 6, Stillwater, Minnesota 55082-0006
Phone: 651-430-6655 • Fax: 651-430-6730 • TTY: 651-430-6246
www.co.washington.mn.us
Equal Employment Opportunity/Affirmative Action
Agreement for Subsurface Sewage
Treatment System Inspection Services
This agreement is made and entered into, by and between the County of Washington (hereinafter
referred to as the County) and the City of Scandia (Hereinafter referred to as the City).
I. WITNESSETH
WHEREAS,the City wishes to contract with the County to perform subsurface sewage treatment
system (SSTS) inspection services within the City's boundaries; and
WHEREAS, the City adopted the County's Subsurface Sewage Treatment System Regulations
Ordinance #179 (Washington County Development Code Chapter 4), hereinafter SSTSRO,
regulating subsurface sewage treatment systems, which applies to all areas of the City; and
WHEREAS,the County agrees to provide subsurface sewage treatment system inspection services
under the terms and conditions hereinafter set forth; and
WHEREAS,this contract is authorized under Section 471.59 of the Minnesota Statutes.
NOW THEREFORE, it is mutually agreed between the County and City as follows:
II. SCOPE OF SERVICES
County's Responsibilities
1. The County agrees to provide, through its Department of Public Health and Environment,
subsurface sewage treatment system inspection services for the City. The County shall
provide a Qualified Employee(s),as described in Minn.Rule 7083.1010 and 7083.0020 subp
17.
2. The standards of performance, method of providing subsurface sewage treatment system
inspection services, and other matters incident to the performance of services under this
Agreement, including personnel to be employed, shall be determined by the County. The
City shall be notified in advance of any proposed changes in standards of performance or
methods of providing services.
3. The County shall provide the necessary SSTS application review and sewage system plan
approval as required by laws,regulations and ordinances,provide all job site inspections of
projects under permit, and conduct special inspections as deemed necessary to ensure
compliance with the SSTSRO. Services shall include clerical support incidental to the
performance of this agreement.
1
4. The County shall provide and issue all sewage permits as required by the SSTSRO,existing
laws or regulations and shall maintain records of all such permits. If the City requests a copy
of a granted permit,the County shall provide a copy to the City within 5 (five)working days.
5. The County shall send a copy of the County's issuance of a certificate of compliance of the
sewage system's completion to the City within 10(ten)working days of the County granting
the certificate.
6. In the event of a violation or threatened violation of the SSTSRO or sewage permit the
County may pursue the administrative issuance of stop work orders on the installation of the
septic system, and/or issue corrective orders, and/or issue notices of non-compliance.
7. The County shall advise the City if a misdemeanor citation is warranted for any violation of a
sewage permit or SSTSRO.
8. The County may request appropriate actions or proceedings be brought by the City, to
prevent, restrain, correct or abate violations or threatened violations of a sewage permit or
SSTSRO.
9. The County will cooperate with the City's officials andlor employees in fulfilling its
obligations under this Agreement.
City's Responsibilities:
1. In areas not served by municipal sewer, the City shall not issue a building permit for new
dwelling construction and/or for the addition of bedrooms until the County has issued a
sewage permit for the new construction and/or addition of bedrooms.
2. The City shall act on all applications for special permits and SSTSRO variance requests.
3. Upon request from the County the City shall issue a stop work order on projects commencing
construction prior to the issuance of a sewage permit.
4. The City is responsible for commencing appropriate actions or proceedings to prevent,
restrain, correct or abate violations or threatened violations of a sewage permit or SSTSRO
and shall represent the County during appeals of the administrative remedies issued by the
County.
5. The City may issue misdemeanor citations for violations of the SSTSRO or sewage permit.
6. The City shall not issue a certificate of occupancy for new construction or the addition of
bedrooms prior to receipt of the County's certificate of compliance.
7. The City, and its agents and employees, will cooperate and assist the County in the
2
performance of this Agreement.
8. In the event of County SSTS Ordinance revision, the City shall adopt a revised SSTS
Ordinance which is consistent with or more restrictive than the County's revised SSTS
Ordinance no more than 12 (twelve) months after the County revised SSTS Ordinance has
been adopted.
III. SCHEDULE OF FEES AND CHARGES
1. The County shall establish the schedule of fees for its subsurface sewage treatment system
inspection services. The septic permit application and installation fees shall be in accordance
with the fee schedule adopted annually by the Washington Couniy Board of Commissioners.
The County shall collect,receipt for,disburse,and maintain records for all fees and charges
collected incident to the administration of subsurface sewage treatment system inspection
and permit services contained herein.
2. Fees and charges shall be due and payable by the applicant upon issuance of the permit and
will be collected by the County from the applicant for said permit.
3. The City agrees that in payment for the subsurface sewage treatment system inspection
and permit services provided by the County that the County shall retain, out of the fees
and charges collected incident to this service, an amount equal to one hundred percent
(100%) of all SSTS permit fees.
4. The City shall not assume any liability for the direct payment of any salary, wage, or other
compensation to any County employee performing subsurface sewage treatment system
inspection services pursuant to this agreement.
IV. GENERAL TERMS AND CONDITIONS
Data Privacy
1. All data collected, created, received, maintained or disseminated for any purposes by the
activities of the County because of this Agreement is governed by the Minnesota
Government Data Practices Act, Minnesota Chapter 13, as amended, the Minnesota Rules
implementing such Act now in force or as adopted, as well as Federal Regulations on data
privacy,including but not limited to,the Health Insurance Portability and Accountability Act
(HIPAA)where it applies. The City and County agrees to abide by these statutes,rules and
regulations and as they may be amended.
Indemnity Clause
2. The City agrees that it will indemnify and hold harmless the County, its officers and
3
employees,against any and all liability,loss,costs,damages and expenses which the County,
its officers or employees may hereafter sustain, incur,or be required to pay arising out of the
City's negligent performance or failure to adequaxely perform its obligations pursuant to this
Agreernent.
The County agrees that it will indemnify and hold harmless the City, its officers and
employees,against any and all liability,loss,costs,damages and expenses which the City,its
officers or employees may hereafter sustain, incur, or be required to pay arising out of the
County's negligent performance or failure to adequately perform its obligations pursuant to
this Agreement.
Insurance
3. The City further agrees that in order to protect itself, as well as the County, under the
indemnifications provisions set forth above that it shall at all times during the terms of
this Agreement, provide maximum tort liability limits as set forth in Minnesota Statute,
Section 466.04. This provision shall be set as a condition subsequent; failure
to abide by this provision shall be deemed a substantial breach of contract.
The County further agrees that in order to protect itself, as well as the City, under the
indemnifications provisions set forth above that it shall at all times during the terms of
this Agreement, provide maximum tort liability limits as set forth in Minnesota Statute,
Section 466.04. This provision shall be set as a condition subsequent; failure to abide by
this provision shall be deemed a substantial breach of contract.
Independent Contractor
4. Nothing contained in this Agreement is intended or should be construed as creating the
relationship of co-partners or joint ventures between the County and City. No tenure or any
rights or benefits,including workers compensation,unemployment insurance,medical care,
sick leave, vacation leave, severance pay, PERA, or other benefits available to County
employees shall accrue to the City or employees of the City performing services under this
Agreement.
Records—Availability and Retention
5. Pursuant to Minnesota Statute 16C.05, Subd 5.,the County/City agrees that the County/City,
the State Auditor, or any of their duly authorized representatives at any time during normal
business hours and as often as they may reasonably deem necessary, shall have access to and
the right to examine, audit, excerpt, and transcribe any books, documents,papers, records,
etc. which are pertinent to the accounting practices and procedures of the County/City and
involve transactions relating to this agreement. The County/City agrees to maintain these
records for a period of six years from the date of termination of this Agreement and make
4
available as requested.
Nondiscrimination
6. During the performance of this Agreement, the City and County agrees to the following:
No person shall, on the grounds of race, color, religion, age, sex, disability, marital status,
public assistance status, criminal record, creed or national origin be excluded from full
employment rights, participation in, be denied the benefits of or be otherwise subjected to
discrimination under any and all applicable Federal and State laws against discrimination.
Merger and Modification
7. It is understood and agreed that the entire Agreement between the parties is contained here
and that this agreement supersedes all oral agreements and negotiations between the parties
relating to the subject matter.
Any material alterations, variations, modifications, or waivers of provisions of this
Agreement shall be valid only when they have been reduced to writing as an amendment and
signed by the parties.
Severability
8. Every section, provision or part of this Agreement is declared severable from every other
section, provision or part thereof to the extent that if any sections, provision or part of this
Agreement shall be held invalid by a court of competent�urisdiction, it shall not invalidate
any other section,provision or part thereof.
V. TERM AND EFFECTIVE DATE
1. The effective date of this agreement shall be January 1,2011,notwithstanding the date of the
signatures below.
2. This agreement shall run until December 31, 2012, at which time it will automatically
terminate unless it is renewed by official action of both the City and the County prior to the
termination date. Notice of either the City's intent or the County's intent not to renew the
agreement should be given to the other party ninety(90)days in advance of the December 31,
2012,termination date.
5
IN WITNESS WHEREOF, the City has caused this agreement to be signed by its Mayor and
attested to by its Clerk, and the County of Washington, by order of its Board of County
Commissioners, has caused this Agreement to be signed by its Board Chair and attested to by its
County Administrator.
City of Scandia, Minnesota Washington County, Minnesota
By: By:
Mayor Chair, Board of Commissioners
Date: Date:
By: BY�
City Clerk County Administrator
A proved as to Form:
Assistant Washington County Att ey
6