5.e) Agreement for Individual Sewage Treatment System Inspection Services with Washington County Meeting Date: 1/20/2009
Agenda Item: � ��
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City Council Agenda Report
City of Scandia
14727 209`h St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Approve Ageement for Individual Sewage Treatinent System (ISTS)
Inspection Services with Washington County
Deadline/ Timeline: N/A
Background: • Scandia has adopted by reference Washington County's ordinance
for individual sewage treatment systems (ISTS). The County
Health Department is requesting that the city enter into a written
agreement to more fully articulate the responsibilities of both the
City and County concerning enforcement of the ordinance.
• The County is in the process of updating their ordinance to comply
with state requirements, and the ordinance will apply in Scandia
unless the City decides to adopt its own ordinance.
• Costs for the County's administration of the ordinance are paid by
permit fees, which are retained in their entirety by the County.
The agreement specifies how ISTS permitting will be coordinated
with city permits and inspections.
• The city has personnel qualified to enforce its own ordinance.
However, enforcing a local ordinance (particularly the periodic
ISTS pumping requirements)would likely involve costs exceeding
the permit revenues that would be generated. There would also be
costs in time and money for the required ordinance update(s.)
• The County's ordinance complies with the requirements of the
Metropolitan Council's policies for ISTS. Continuing to utilize
the County ordinance is also consistent with the policies of both
the current and the proposed Comprehensive Plan.
• The term of the agreement is from January 1, 2009 through
December 31, 2010, when it will terminate unless renewed by
Council action.
• The attached agreement was reviewed by the City Attorney and
some changes he recommended have been incorporated into the
agreement.
Recommendation: I recommend that the City Council approve the agreement.
Page 1 of 2
O1/13/09
Attachments/ • Letter dated Deceinber 26, 2008 fi-om A�nanda Strommer,
Materials provided: Program Manager
• Draft Agreement
Contact(s): Amanda Stroininer(651 430-6744)
Prepared by: Anne Hurlburt, Administrator
(ISTS agreement wash co)
Page 2 of 2
O1/13/09
• __ _.; Department of Public
� 4 " '�¢ ; Health and Environment
Was gtion ����m���� �
��0�.�11�� A�I C1r1 i Lowell Johnson
;�HtY — � �t1U� Director
December 30, 2008 '
; Sue Hedlund
CIT`( OF �:;Af•�'UTA_ � DeputyDirector
City of Scandia
Anne Hurlburt, Administrator
PO Box 128
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.
In an effort to more fully articulate the duties and responsibilities of the City and the County, and
improve communication between the City and the County, the Department has drafted an Agreement
to be executed by the City and the County. We are suggesting an Agreement term of two years.
Please review the enclosed Agreement, and, if the language is satisfactory, return the signed original
Agreement to my attention. I 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 more fully, please contact me at your earliest
convenience.
The county is currently in the process of revising the Washington County Development Code,
Chapter Four, Individual Sewage Treatment System Regulations, Ordinance#128 to comply with
changes to Minnesota Rules Chapters 7080-7083. The county ordinance must be updated by
February 2010. The county anticipates revising the ordinance by December 2009. As part of the
process there will be opportunities for your city to comment on and be involved with the ordinance
revision process. If at any time the city would choose not to utilize the services of the county the
contract can be revisited.
Because your city has not adopted an ordinance and by default the county enforces its ordinance
within your city, the newly revised ordinance will apply to your city upon adoption by the County
Board. If the city does not intend for that to occur and would prefer to adopt its own ordinance that is
consistent with or more restrictive than the county's revised ordinance this contract must be revised
before it is executed by the city.
We look forward to being of continued service to the City of Scandia. If you have any questions or if
I can be of further assistance, please contact me at 651-430-6744.
Sincerely,
�
_ �����j v�L1,�G?�'`�' ,�
� �L,�vv�/�
Amanda Strommer, REHS
Program Manager
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
Agreement for Individual 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 individual sewage
treatment system (ISTS) inspection services within the City's boundaries; and
WHEREAS, the City has not adopted an ISTS Ordinance and relies on the County's
Individual Sewage Treatment System Regulations Ordinance #128 (Washington County
Development Code Chapter 4), and any revisions thereto, hereinafter ISTSRO, regulating
individual sewage treatment systems, which applies to all areas of the City; and
WHEREAS, the County agrees to provide individual 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 agees to provide, through its Deparhnent of Public Health and
Environment, individual 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 individual 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 ISTS 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 ISTSRO. Services shall include
clerical support incidental to the performance of this ageement.
4. The County shall provide to the City all applications for new sewage pennits to
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detei7nine compliance with existing city zoning/land use ordinances and laws
within 5 (five) working days of receipt of said application.
5. The County shall provide and issue all sewage pennits as required by the
ISTSRO, existing laws or regulations and shall maintain records of all such
pennits. A copy of each granted permit shall be submitted to the City within 5
(five) working days of the County granting the permit.
6. The County shall notify the City of the issuance of a certificate of compliance of
the sewage system's completion within 10 (ten) working days.
7. In the event of a violation or threatened violation of the ISTSRO or sewage permit
the County may pursue the administrative issuance of stop work orders, corrective
orders, and notices of non-compliance.
8. The County shall advise the City if a misdemeanor citation is warranted for any
violation of a sewage permit or ISTSRO.
9. 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 ISTSRO.
10. The County will cooperate with the City's officials and/or employees in fulfilling
its obligations under this Agreement.
11. The County is required to update the County ISTS Ordinance #128 to comply
with changes to Minnesota Rules Chapters 7080 to 7083 by February 2010. The
County will advise the City within 5 (five) working days of adoption of the
revised County ISTS Ordinance.
City's Responsibilities:
1. Upon receipt of the all applications for new sewage permits from the County, the
City shall review all applications determine compliance with existing city
zoning/land use ordinances and laws. The City shall notify the County within 5
(five) working days of receipt of the application only if the sewage permit request
does not comply with city zoning/land use ordinances and laws.
2. 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.
3. The City shall act on all applications for special permits and variances to the
ISTRO.
4. Upon request from the County the City shall issue a stop work order on projects
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commencing construction prior to the issuance of a sewage pern�it.
5. The City is responsible for appropriate actions or proceedings to prevent, restrain,
correct or abate violations or threatened violations of a sewage pennit or ISTSRO
and shall represent the County during appeals of the administrative remedies
issued by the County.
6. The City may issue misdemeanor citations for violation of the ISTSRO or sewage
pennit.
7. The City shall not issue a certificate of occupancy prior to receipt of the County's
certificate of compliance.
8. The City, and its agents and employees, will cooperate and assist the County in
the perfonnance of this Agreement.
IIL SCHEDULE OF FEES AND CHARGES
1. The County shall establish the schedule of fees for its individual sewage treatment
system inspection services. The County shall collect, receipt for, disburse and
maintain records for all fees and charges collected incident to the administration
of individual sewage treatment system inspection services contained herein.
2. Fees and charges shall be due and payable by the permittee upon issuance of the
permit and will be collected by the County from the applicant for said permit.
3. For permit fee purposes, the septic permit application and installation fees shall be
in accordance with the fee schedule adopted annually by the Washington County
Board of Commissioners.
4. The City and County agree that in payment for the individual sewage treatment
system inspection 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 ISTS permit fees.
5. The City shall not assume any liability for the direct payment of any salary, wage,
or other compensation to any County employee performing individual 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,
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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 e�nployees, 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 perfonnance or failure to
adequately perfonn 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, carry and maintain insurance in at least the amount in
the inaximum tort liability limits as set forth in Minnesota Statute 466.04.
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 466.04.
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
4
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 tennination of this Agreeinent.
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
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, 2009, notwithstanding the
date of the signatures below.
2. This agreement shall run until December 31, 2010, 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, 2010, termination date.
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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 Cl�air
and attested to by its County Adininistrator.
City of Scandia, Minnesota Washington County, Minnesota
By: By:
Mayor Chair, Board of Commissioners
Date: Date:
By: By:
City Clerk County Administrator
Approved as to Form:
Assistant Washington County Attorney
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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) wl�ere it applies. Tl�e 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 hannless 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 perfonn 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 Ageement.
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, carry and maintain insurance in at least the amount in
, ,� ) the maximum tort liability limits as set forth in Minnesota Statute 466.04.
I\,��ly l�
�Jv �.� The County further agrees that in order to protect itself, as well as the City, under
��� the indemmfications provisions set forth above that it shall at all times ca and
�� maintain insurance during the terms of this Agreement,providing maximum tort
r lia�bility�im ts as set forth in Minnesota Statute 466.04.
�� 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
L 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
, l�l� employees of the City perfonning services under this Agreement.
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' Records—Availability and Retention
5. Pursuant to Minnesota Statute 16C.05, Subd 5., the County/City agees that the
County/City, tt�e State Auditor, or any of their duly authorized representatives at
any time during normal business hours and as often as they may reasonably deem
4