9.e) Contract for Administration of Building CodeAdministration of the State Building Code
Agreement Between
City of Hugo and City of Scandia
WHEREAS, the City of Scandia (hereinafter "City" or "City of Scandia") has adopted
the Minnesota State Building Code; and
WHEREAS, the City is authorized and empowered to provide for plan review and
various types of inspections to ensure public health, safety and welfare of its citizens; and
WHEREAS, said building code requires a certified building official for the
implementation of the state building code; and
WHEREAS, the City has investigated the facts and determined that it is in the best
interest of the City and its citizens to contract with the City of Hugo for administration of the
state building code; and
WHEREAS, the City of Scandia desires that the City of Hugo provide said plan review
and inspections within the City of Scandia at such times that are required; and
WHEREAS, the City of Scandia desires that the City of Hugo Building Department,
which verifies that it has a certified building official, implement and enforce the Minnesota State
Building Code; and
WHEREAS, the City of Hugo is willing, able and hereby commits itself to the
implementation of said building code for the City during such times as requested by the City of
Scandia until further notice;
NOW, THEREFORE, in consideration of the mutual promises and covenants of each to
the other contained in this Agreement, the City of Scandia and the City of Hugo, pursuant to the
authority contained in Minn. Stat. § 471.59, in order to accomplish the foregoing purposes, agree
as follows:
ARTICLE I
THE AGREEMENT
Section 1.01. Purposes. The purpose of this Agreement is to provide for the exchange
of certain services as provided in the recitals, which shall be incorporated herein, between the
City of Hugo and City of Scandia for building inspection and plan review services.
Section 1.02. Cooperation. The Parties shall cooperate and use their best efforts to
ensure the most effective implementation of the various provisions of this Agreement. The
Parties agree in good faith to undertake resolution of disputes, if any, in an equitable and timely
manner.
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Section 1.03. Term. The term of this Agreement shall be for a period commencing the
date hereof shall remain in place and in effect until and unless terminated by mutual agreement
or by one of the Parties hereto.
Section 1.04. Termination by One Party. A Party's termination of this Agreement
shall be effective sixty (60) days after such Party's delivery in writing of a notice of termination
to the City of Scandia City Administrator or the City of Hugo City Administrator, as the case
may be.
ARTICLE II
THE CITY OF HUGO'S RIGHTS AND OBLIGATIONS
Section 2.01. Plan Review and Inspections. The City Hugo shall perform plan review
and inspections for public and private buildings and state licensed facilities required
intermittently and at the request of the City of Scandia. The City of Hugo shall not be obligated
to review, approve or deny any zoning, site design, setback, road access, or sewer and water
hook-ups, and/or collect fees for the same.
Section 2.02. Fee for Inspections. In exchange for the services the City of Hugo
performs pursuant to Section 2.01 of this Agreement, the City of Scandia shall pay the City of
Hugo an hourly rate per the City's adopted fee schedule, which shall be incorporated herein, as
Exhibit A, as said schedule may change from time to time.
Section 2.03. Scheduling of Inspections / Travel. Whenever possible, the services
provided by the City of Hugo pursuant to Section 2.01 of this Agreement shall be combined such
that the number of trips to and from the City of Scandia is minimized. The City of Hugo shall
endeavor to combine trips for inspections where the homeowner's presence is not required.
Additionally, trips for the inspection of rough plumbing, rough heating and framing inspections
shall be combined, along with trips for the inspection of final heating, final plumbing and
building inspections.
Section 2.04 Fee for Plan Review Services. In exchange for the plan review services
the City of Hugo performs pursuant to Section 2.01 of this Agreement, the City of Scandia shall
pay the City of Hugo the entire plan review fee collected by the City of Scandia as required by
the City of Scandia adopted building code.
ARTICLE III
GENERAL PROVISIONS
Section 4.01. Notices. Except as provided in Section 1.04 of this Agreement, all notices
or communications required or permitted pursuant to this Agreement shall be either hand
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delivered or mailed to the Parties, certified mail, return -receipt requested, at the following
addresses:
City of Hugo: City Clerk
City of Hugo
14669 Fitzergald Avenue North
Hugo, Minnesota 55038
City of Scandia: City Clerk
City of Scandia
14925 Oakhill Road N.
Scandia, Minnesota 55073
Each Party may change its address or authorized representative by written notice delivered to the
other Party pursuant to this Section 4.01.
Section 4.02. Counterparts. This Agreement may be executed in more than one
counterpart, each of which shall be deemed to be an original but all of which taken together shall
be deemed a single instrument.
Section 4.03. Non -Assignability. Neither of the Parties shall assign any interest in this
Agreement nor shall transfer any interest in the same, whether by subcontract, assignment, or
novation, without the prior written consent of the other Party. Such consent shall not be
unreasonably withheld.
Section 4.04. Alteration. Any alteration, variation, modification, or waiver of the
provisions of the Agreement shall be valid only after it has been reduced to writing and duly
signed by all Parties.
Section 4.05. Indemnification and Insurance.
(1) Unless otherwise provided for in this Agreement, each Party shall be
separately responsible for its own expenditures of funds made under this
agreement.
(2) Subject to the exclusion contained at Paragraph (1) of this Section, the
Parties' total liability under this Agreement shall be governed by Minn.
Stat. § 471.59, subd. 1 a. Each Party agrees that it will be responsible for
the acts or omissions of its officials, agents, and employees, and the results
thereof, in carrying out the terms of this Agreement, to the extent
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authorized by law and shall not be responsible for the acts/omissions of the
other Parties and the results thereof. For purposes of determining total
liability for damages, the participating governmental units are considered
to be a single governmental unit, the total liability of which shall not
exceed the limits for a single governmental unit as provided in Minn. Stat.
§ 466.04, subd. 1.
(3) Each Party agrees to defend, hold harmless, and indemnify other Parties,
their officials, agents and employees, from any liability, loss or damages
any other Party may suffer or incur as a result of demands, claims,
judgments, or costs arising out of or caused by the indemnifying Party's
negligence in the performance of its respective obligations under this
Agreement. This provision shall not be construed nor operate as a waiver
of any applicable limitation of liability, defenses, immunities, or
exceptions by statute or common law.
(4) Each Participating Party shall be responsible for injuries or death of its
own Employees to the extent required by law. Each Participating Party
will maintain workers' compensation insurance or self-insurance coverage,
covering its own Employees while they are providing assistance pursuant
to this Agreement.
Section 4.06. Severability. The provisions of this Agreement are severable. If any
paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason
held to be contrary to law, or contrary to any rule or regulation having the force and effect of
law, such decision shall not affect the remaining portions of this Agreement.
Section 4.07. Interpretation According to Minnesota Law. This Agreement shall be
interpreted and construed according to the laws of the State of Minnesota.
Section 4.08. Entire Agreement. This Agreement shall constitute the entire agreement
between the Parties and shall supersede all prior oral or written negotiations, and shall supersede
all prior written agreements for the subject matter of this Agreement.
Section 4.09. Headings. The headings to the various sections of this Agreement are
inserted only for convenience of reference and are not intended, nor shall they be construed, to
modify, define, limit, or expand the intent of the Parties as expressed in this Agreement.
Section 4.10. Further Actions. The Parties agree to execute such further documents
and take such further actions as may reasonably be required or expedient to carry out the
provisions and intentions of this Agreement, or any agreement or document relating hereto or
entered into in connection herewith.
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Section 4.11. Parties in Interest. This Agreement shall be binding upon and inure
solely to the benefit of the Parties hereto and their permitted assigns, and nothing in this
Agreement, express or implied, is intended to confer upon any other person any rights or
remedies of any nature under or by reason of this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by
their duly authorized representative as of the day and year first above written.
Adopted and approved by the City Council of Hugo on the day of , 2015.
Tom Weidt, Mayor
ATTEST:
Michele Lindau, City Clerk
Adopted and approved by the City of Scandia on the day of 12015.
ATTEST:
Kristina Handt, City Administrator
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Randall Simonson, Mayor
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Exhibit A
Building Inspection Fee $58.00/hour
Mileage Rate $0.565/mile