9.e) Agreement for SSTS Inspection ServicesWashington
County
November 6, 2014
City of Scandia
Kristina Handt
14727 209th Street North
Scandia, MN 55073
RE v-EiY ii®
NOV -/ ZO-14
SCANUA
Department of Public
Health and Environment
Lowell Johnson
Director
Sue Hedlund
Deputy Director
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, 2014. Please
be assured there will be no interruption of service to the city while we work jointly to execute a new
Agreement.
The changes to the Agreement include:
• TERMS AND EFFECTIVE DATE — Dates changed to reflect effective date of January 1,
2015 and termination date of December 31, 2016.
Please review the enclosed Agreement, and, if the language is satisfactory, return the signed original
Agreement to the attention of Stephanie Holt. We will send a fully executed copy of the Agreement to
the city as soon as it is signed by the County Board Chair and County Administrator. If, however, there
are paragraphs in the Agreement you would like to discuss, please contact our Department at your
earliest convenience.
We would also like to use this opportunity to remind you that the Department is currently in the process
of revising our Subsurface Sewage Treatment System Ordinance. If there are any questions regarding
this process, please let us know.
We look forward to continued service to your community. If you have any questions or if we can be of
further assistance, please contact me at 651-430-6768 or via email at
girard.goder@co.washington.mn.us or Stephanie Holt at 651-430-6678 or via email at
stephanie.holt@co.washington.mn.us.
Sincerely,
zu,
14
Girard Goder
Environmental Program Supervisor
Enclosure: Agreement
Government 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 City of Scandia (hereinafter referred to as the City).
I_MS'/Vigo *10 BI IID I
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
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.
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.
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.
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 and/or employees in fulfilling its
obligations under this Agreement.
City's Responsibilities:
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 proj ects 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.
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7. The City, and its agents and employees, will cooperate and assist the County in the
performance of this Agreement.
8. In the event of County SSTS Ordinance revision, the City may 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
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 County 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.
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.
2. 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.
3. 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
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 agree 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
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 adequately perform its obligations pursuant to this
Agreement.
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,
Sections 3.736 and 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.
Records — Availability and Retention
4. 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
available as requested.
Nondiscrimination
4. The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights
and discrimination shall be considered part of this Agreement as if fully set forth herein, and
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shall be part of any Agreement entered into by the parties with any contractor, subcontractor,
or material suppliers.
Merger and Modification
6. 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
7. 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 jurisdiction, 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, 2015, notwithstanding the date of the
signatures below.
2. This agreement shall run until December 31, 2016, 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,
2016, termination date.
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
By:
Mayor
Date:
Washington County, Minnesota
Chair, Board of Commissioners
By: By:
City Clerk County Administrator
Approv as to Form:
F
Assist&WashingtonCountyAttorney