4.7 SR 10-19-2020Request for Action
To
Item Number
Mayor and Ci T Council
4.7
Agenda Section
Meeting Date
Prepared by
Consent
October 19, 2020
Suzanne Fischer, Community Development Director
Item Description
Reviewed by
Professional Services Agreement with the City
Peter Beck, City Attorney
of Wyoming for Inspection services associated
Reviewed by
with the Rolling Hills SSTS project.
Cal Portner, City Administrator
Action Requested
Approve by motion, a Professional Services Agreement for Inspection Services of the Rolling Hills HOA
SSTS Project.
Background/Discussion
The proposed subsurface septic treatment system for the Rolling Hills HOA is classified as a Type IV system.
Basic system components this type require a higher certification level than our staff currently maintains. Staff
recommends the city enter into a professional services agreement with an entity that holds the advanced
certification from the State of Minnesota.
The City of Wyoming, MN has a qualified SSTS Inspector, Fred Weck, who also contractually through his
city performs inspections for other communities. He recently reviewed the design and conducted inspections
of the Type IV system installed at the Bunker Beach Wave Pool.
Financial Impact
The rate is $63.25/hour. This cost would be reimbursed along with all approved project costs through the
MDA AgBMP Loan Program.
Mission/Policy/Goal
The Elk River Mission Statement cites working with citizens to develop a sustainable and prosperous
community for all to live, work and play.
Attachments
■ Inspection Services Agreement with the City of Wyoming, MN.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires pi ospei ly.
M
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Updated.• August 2020
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INSPECTION SERVICES AGREEMENT BY AND BETWEEN THE CITY OF WYOMING
AND THE CITY OF ELK RIVER
This Agreement ("Agreement") is made this day of , 2020, by and between
the City of Wyoming (hereinafter referred to as "Wyoming") and the City of Elk River (hereinafter
referred to as "Elk River") for the utilization of Wyoming employees to provide Services to Elk River
within the boundaries of Elk River.
WHEREAS, Elk River is authorized and empowered to provide for various types of building and
septic system inspections and plan review services to ensure the public health, welfare, and safety; and
WHEREAS, Wyoming maintains qualified full-time staffing and personnel for the provision of
these same Services within its own municipal boundaries; and
WHEREAS, Elk River maintains qualified staff and personnel to provide these Services, but on
occasion may require assistance in performing these Services due to high volume, staff vacations, or other
unforeseen circumstances, and wishes to enter into this Agreement with Wyoming in order to have
assistance from Wyoming to provide these Services from time to time as needed by Elk River; and
WHEREAS, it is the desire of the parties and the purpose of this Agreement that certain of the
aforesaid building and septic system inspection and plan review services be performed, when requested
by Elk River, by qualified personnel of Wyoming on behalf of Elk River.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below, the
above parties hereto agree as follows:
1. The term of this Agreement shall be perpetuating, until terminated pursuant to Section 6.
2. For the term of this Agreement, Wyoming, through use of its personnel, shall provide Elk River
with the following Services ("Services"), in and on behalf of Elk River to the same degree and
with the same effect as if Elk River was performing such services and at the direction and request
of Elk River's Building Official on an as -needed basis:
a. Enforce all provisions of the Minnesota Building Code and;
b. Enforce applicable provisions of Minnesota Rule Chapters 7080, 7081. 7082, and 7083;
c. Provide required inspections for building and septic permits;
d. Furnish evidence necessary in any prosecution of the violation of applicable ordinances, rules,
or regulations.
The Services Wyoming will provide under this Agreement do not include planning or zoning
review unless such review is specifically related to a building permit request for a structure
permitted under the Elk River Code or unless specifically requested by Elk River.
3. Wyoming shall consult with and abide by the manner in which the inspections, plan review, and
activities are conducted and over the determination of what enforcement action is appropriate and
consistent with applicable portions of the Elk River Code. Wyoming shall confer as necessary with
Elk River staff regarding interpretation of the Code. Elk River shall have a duty to inform
Wyoming of any and all updates or changes to the Elk River Code.
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4. When Elk River desires the assistance of Wyoming with provision of the Services, Wyoming staff
shall take direction from Elk River Building Official for all work performed under this Agreement.
5. Elk River shall pay Wyoming for the Services provided at the request of Elk River at the current
rates and fees found in the City of Wyoming Fee Schedule as of the date the Services are provided.
Wyoming shall provide Elk River with a written and itemized billing statement for hourly and
other fees under this Agreement. Elk River shall submit payment to Wyoming within 30 days of
receipt of such written and itemized billing statement.
6. This agreement shall terminate as follows:
a. Upon the expiration of the 45 days after service of written notice upon the other party at the
following address: or
To Elk River: City of Elk River
City Administrator
13065 Orono Parkway
Elk River, MN 55330
To Wyoming: City of Wyoming
City Administrator
26885 Forest Blvd.
Wyoming, MN 55092
b. At any time, upon mutual written agreement of the parties.
7. Wyoming agrees to defend, indemnify, and hold harmless Elk River, and its officials, agents, and
employees, from and against all claims, actions, damages, losses, and expenses arising out of or
resulting from Wyoming's performance of the duties required under this Agreement, provided that
any such claim, action, damage, loss, or expense is attributable to bodily injury, sickness, disease,
or death or to the injury to or destruction of property including the loss of use resulting therefrom
and is caused in whole or in part by any negligent act or omission or willful misconduct of
Wyoming. This provision shall not be construed as a waiver by either parry of any defenses,
immunities, or limitations on liability with respect to claims made by third parties.
8. Elk River agrees to defend, indemnify, and hold harmless Wyoming, and its officials, agents, and
employees from and against all claims, actions, damages, losses, and expenses arising out of or
resulting from Elk River performance of the duties required under this Agreement, provided that
any such claim, action, damage, loss, or expense is attributable to bodily injury, sickness, disease,
or death or to the injury to or destruction of property including the loss of use resulting therefrom
and is caused in whole or in part by any negligent act or omission or willful misconduct of Elk
River. This provision shall not be construed as a waiver by either parry of any defenses,
immunities, or limitations on liability with respect to claims made by third parties.
9. Notwithstanding Sections 7 and 8, each parties' liability shall be governed by the provisions of
Minnesota Statutes Chapter 466.
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10. Wyoming shall carry liability insurance in the amount of at least $1,000,000 per occurrence and
$2,000,000 in the aggregate for both Bodily Injury and Property Damage. Elk River shall be named
as an additional insured, and a certificate of said insurance shall be provided to Elk River.
Wyoming shall carry Worker's Compensation Insurance as required by Minnesota Statutes,
Section 176.181, Subd. 2 and further agrees to provide a certificate of said insurance to Elk River.
11. Any employee assigned by Wyoming to perform its obligations hereunder shall remain the
exclusive employee of Wyoming for all purposes including, but not limited to, wages, salary, and
employee benefits.
12. It is agreed that nothing herein contained is intended or should be construed in any manner as
creating or establishing the relationship of co-partners, joint parties to any joint powers agreement
or similar legal relationship between the parties hereto or as constituting the persons employed by
Wyoming as the agent, representative, or employee of Elk River for any purpose or in any manner
whatsoever except as expressly otherwise provided herein. Wyoming is to be and shall remain an
independent contractor with respect to all Services performed under this contract. Wyoming
represents that it has, or will secure at its own expense, all personnel and equipment required in
performing Services under this contract. Any and all personnel of Wyoming or other persons,
while engaged in the performance of any work or Services required by Wyoming under this
contract, and shall not be considered employees of Elk River and any and all claims that may or
might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said
personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any
such person or personnel arising out of employment or alleged employment including, without
limitation, claims of discrimination against Wyoming, its officers, agents, contracts, or employees
shall in no way be the responsibility of Elk River; and Wyoming shall defend, indemnify, and hold
Elk River, its officers, agents, and employees harmless from any and all such claims regardless of
any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel
or other persons shall not require nor be entitled to any compensation, rights, or benefits of any
kind whatsoever from Wyoming, including, without limitation, tenure rights, medical and hospital
care, sick and vacation leave, Workers' Compensations, Unemployment Compensation, disability,
severance pay, and PERA.
13. The books, records, documents, and accounting procedures of Wyoming relevant to this
Agreement, are subject to examination by Elk River and either the legislative or state auditor as
appropriate, pursuant to Minnesota Statutes, Section 16C.05, Subd. 5.
14. At the end of the term of this Agreement, the records created as a result of the performance of this
agreement shall be filed with the Elk River and copies of such records shall be maintained by the
Wyoming as required by applicable laws. All data collected, created, received, maintained, or
disseminated for any purposes by the activities of the Elk River because of this contract is governed
by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended,
the Minnesota Rules implementing such act now in force or as adopted, as well as federal
regulations on data privacy.
15. This Agreement represents the entire Agreement between Wyoming and Elk River and supersedes
and cancels any and all prior agreements or proposals, written or oral, between the parties relating
to the subject matter hereof, any amendments, addenda, alterations, or modifications to the terms
and conditions of this Agreement shall be in writing and signed by both parties.
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16. Wyoming and Elk River agree to comply with the American with Disabilities Act and the Human
Rights Act (Minnesota Chapters 363 and Title VII of the Civil Rights Act of 1964) not to
discriminate on the basis of disability in the admission or access to, or treatment of employment
in its Services, programs, or activities. Upon request, accommodation will be provided to allow
individuals with disabilities to participate in all Services, programs, and activities. Wyoming has
designated coordinators to facilitate compliance with the Americans with Disabilities Act of 1990
(ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to
coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section
8.53 of the U.S. Department of Housing and Urban Development regulations. For information
contact the City Administrator, City of Wyoming, P.O. Box 188, 26885 Forest Boulevard,
Wyoming, Minnesota 55092; telephone 651-462-0575. Elk River agrees to hold harmless and
indemnify Wyoming from costs, including but not limited to damages, attorney's fees, and staff
time, in any action or proceeding brought alleging a violation of ADA by Wyoming.
17. Both parties agree to comply with all applicable state, federal, and local laws, rules, and
regulations.
18. This Agreement may be executed in multiple counterparts, all of which together shall constitute
one in the same instrument.
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SIGNATURE PAGE FOR BUILDING CODE INSPECTION SERVICES
CITY OF WYOMING
Date:
Lisa Iverson
Mayor
Attest:
Robb Linwood
City Administrator
CITY OF ELK RIVER
By: Date:
Cal Portner
City Administrator
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