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HomeMy WebLinkAbout2013-04-03 PACKET 04.I.REQUEST OF CITY COUNCIL ACTION COUNCIL MEETING DATE 4/3/13 PREPARED BY: Community Development ORIGINATING DEPARTMENT AGENDA ITEM # � / • Jennifer Levitt STAFF AUTHOR ************************************************ COUNCIL ACTION REQUEST Consider authorizing: • Building Inspection Services Agreement with the City of Newport. • Building Inspection Services Agreement with the City of St. Paul Park. • Building Inspection Services Agreement with Denmark Township. ; :_ •illi ��_ •1 Authorize the Building Inspection Services Agreement with the City of Newport. Authorize the Building Inspection Services Agreement with the City of St. Paul Park. Authorize the Building Inspection Services Agreement with Denmark Township. SUPPORTING DOCUMENTS: � MEMO/LETTER: Memo from Bob LaBrosse dated 3/28/13 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Building Inspection Services Agreements with City of Newport, Park, Denmark Township ADMINISTRATOR'S COMMENTS City of St. Paul � City Administrator Date ************�*********************************** COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage � Grove � Pride and PSpSPerity Meet TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: Bob LaBrosse, Chief Building Official DATE: March 28, 2013 RE: Building Inspection Service Agreements with Newport, St. Paul Park, and Denmark Township Background In 2010, the City of Cottage Grove contracted with the City of Newport, City of St. Paul Park, and Denmark Township to provide building inspection services. Cottage Grove Building Inspectors review building plans and conduct building inspections for the Cities of Newport and St. Paul Park. Those cities issue their building permits and a portion of the permit fees are paid to Cottage Grove for inspection services. In St. Paul Park, Cottage Grove inspectors also provide rental license inspections every other year. Denmark Township contracted with the City of Cottage Grove to review building permit plans, issue building permits, and conduct the related inspections. Payment for these services comes from a portion of the building permit fees collected. PerFormance evaluations are conducted annually with each municipality. All evaluations have been very positive. The agreements with Newport, St. Paul Park, and Denmark Township expire in 2013, and those cities wish to renew their agreements. The St. Paul Park City Council and Denmark Township Board have formally agreed to the contract renewal. The Newport City Council meets on Thursday, April 4, and is expected to ratify the agreement. Recommendation Authorize the Building Inspection Services Agreement with the City of Newport. Authorize the Building Inspection Services Agreement with the City of St. Paul Park. Authorize the Building Inspection Services Agreement with Denmark Township. BUILDING INSPECTION SERVICES AGREEMENT This Agreement is made this 3rd day of April, 2013, by and between the City of Newport hereinafter refei7ed to as "Newpor and the City of Cottage Grove (hereinafter referred to as "Cottage Grove") for the utilization of Cottage Grove employees to provide services to Newport within the boundaries of Newport. WHEREAS, Newport is authorized and empowered to provide for various types of building inspections and code enforcement to ensure the public health, welfare and safety; and WHEREAS, Cottage Grove maintains qualifified full-time staffing and personnel for the provision of these same services within its own municipal boundaries; and WHEREAS, by purchasing these services from Cottage Grove, Newport can effect cost savings to its citizens while, at the same time, providing support for those same services by Cottage Grove to its citizens; and WHEREAS, it is the desire of the parties and the purpose of this Agreement that certain of the aforesaid building inspection and code enforcement services be performed by qualified personel of Cottage Grove on behalf of Newport; NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below, the above parties hereto agree as follows: l. The term of this agreement shall be fiom May 1, 2013 through May 1, 2014, and shall automatically renew for an additional one year term on May 1, 2014 and on May 1, 2015, unless either party to the Agreement provides notice to the other party that they shall terminate the contract at the end of the current term, and further subject to termination as provided in paragraph 9. 2. For the term of this Agreement, Cottage Grove, through use of its personnel, shall provide Newport with the following services, in and on behalf of Newport and at the direction of Newport's City Administrator: a. Building inspections and code enforcement, as necessaiy. b. Property inspections for structural integrity for purposes of exercising eminent domain powers or protection of life. c. Planning and zoning reviews required for building permits. d. Issuing building permits (plumbing & mechanical included). e. Preparation of all reporting required by the State of Minnesota or any state agency. f. Preparation of an annual written report of work completed for the City Council of Newport. g. Provide copies of all permits issued and inspections made on a monthly basis. The services Cottage Grove will provide under this Agreement do not include property maintenance inspections and do not include planning or zoning review unless such review is specifically related to a building permit request for a structure permitted under the Newport Code. 3. Cottage Grove 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 Newport City Code Chapter 11, (Building and Housing Code) and Section 1130, (Swimming Pools) and other policies as established by Newport. Cottage Grove shall confer with Newport staff regarding interpretation of the Code. Newport shall have a duty to infoi�rn Cottage Grove of any and all updates or changes to the Newport Code. 4. Cottage Grove personnel are not required to maintain office hours at Newport's City Hall. However, if Cottage Grove providing these services finds it necessary to meet with citizens at Newport's City Hall, Newport will arrange for a work area for such meetings. Cottage Grove's main contact at Newport shall be Newpot�t's City Administrator and Cottage Grove shall take direction from Newport's City Administrator for all work performed under this Agreement. 5. Cottage Grove shall assume the expense of performing the inspections and code enforcement. 6. Newport will pay Cottage Grove 25% of the total permit and plan review fee. Such permit and pian review fees shall be separate from, and in addition to, the payment provided for by Paragraph 8 of this agreement. All other provisions of this agreement shall remain applicable with respect to the plan review and inspection services being provided. 7. In addition to the above fees Newport will pay Cottage Grove for services performed by Cottage Grove personnel outside those contemplated by this agreement but only as specifically requested by Newport. These additional fees will be billed to Newport on a time and material basis. Services performed by the Cottage Grove Chief Building Official will be at the rate of $60/hour plus expenses. Services performed by Cottage Grove Building Inspector(s) will be at the rate of $45 plus expenses. 8. This agreement shall terminate as follows: a. Upon the expiration of 90 days after service of written notice upon the other party; or b. At any time, upon agreement of the parties; or c. In any event on May 1, 2016. 9. Cottage Grove agrees to defend, indemnify and hold harmless Newpoi�t, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from Cottage Grove's performance of the duties required under this Agreement, provided that any such claim, action, damage, loss or expense is attributable to 2 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 Cottage Grove. This provision shall not be construed as a waiver by either party of any defenses, immunities or limitators on liability with respect to claims made by third pai�ties. 10. Newpoi�t agrees to defend, indemnify and hold harmless Cottage Grove, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from Newpoi�t'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 propei•ty including the loss of use resulting therefiom and is caused in whole or in part by any negligent act or omission or willful misconduct of Newport. This provision shall not be construed as a waiver by either party of any defenses, immunities or limitators on liability with respect to claims made by third parties. 11. Cottage Grove 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 Propet�ty Damage. Newport shall be named as an additional insured, and a certificate of said insurance shall be provided to Newport. Cottage Grove shall cai7y 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 the Newpoi�t. 12. Any employee assigned by Cottage Grove to perform its obligations hereunder shall remain the exclusive employee of Cottage Grove for all purposes including, but not limited to, wages, salary and employee benefits. 13. In addition to the services listed in Paragraph 2 above, Cottage Grove shall, upon request, also provide for and on behalf of Newport: a. Collecting fees for issuing building permits and inspections. b. Inspection of all rental property in Newpor • Newpor�t will provide Cottage Grove with a current list of rental property owners and upcoming rental inspections. • Newport shall notify rental property owners of upcoming rental inspections via letter and application and collect an inspection fee as established by the Annaul Fee Schedule. Fees must be paid before inspections can be performed. Cottage Grove shall receive 40% of the total license fee for each property inspected and Newport shall receive 60%. • Newport rental property owners shall apply for renewal no later than 60 days prior to the December 31 expiration date of the previously issued cei�tificate. • Newport shall collect a reinspection fee as established by the Annual Fee Schedule. Cottage Grove shall receive 40% for each reinspection and Newport shall receive 60%. • Cottage Grove shall provide Newport with copies of inspections • Newport shall provide Registration Certificates to rental property owners 3 c. Clerical and other office duties related to building inspections and review of building permits. 14. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-pat�tners, joint parties to any joint powers agreement or similar legal relationship between the parties hereto or as constituting the persons employed by Cottage Grove as the agent, representative or employee of Newpoi�t for any purpose or in any manner whatsoever except as expressly otherwise provided herein. Cottage Grove is to be and shall remain an independent contractor with respect to all services performed under this contract. Cottage Grove 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 Cottage Grove or other persons, while engaged in the performance of any work or services required by Cottage Grove under this contract, and shall not be considered employees of Newpoi�t 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 Cottage Grove, its officers, agents contracts or employees shall in no way be the responsibility of Newport; and Cottage Grove shall defend, indemnify and hold Newpoi its officers, agents and employees harmless from any and all such claims regardless of any determination of any pei�tinent tribunal, agency, board, commission or coui�t. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever fiom Newpor�t, including, without limitation, tenure rights, medical and hospital care, sicic and vacation leave, Workers' Compensations, Unemployment Compensation, disability, severance pay and PERA. 15. The books, records, documents, and accounting procedures of Cottage Grove relevant to this Agreement, are subject to examination by Newpoi�t and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section 16C.05, Subd. 5. 16. This Agreement represents the entire Agreement between Cottage Grove and Newpoi�t and supersedes and cancels any and all prior agreements or proposals, written or oral, between the pai�ties 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 pai�ties. 17. Cottage Grove and Newpoi�t agree to comply with the Americans With Disabilities Act and 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. Cottage Grove 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 Cottage Grove, 12800 Ravine Parlcway South, Cottage Grove, Minnesota 55016; telephone: 651-458-2800; TDD: 641-458-2880. Newport agrees to hold hat�rnless and indemnify Cottage Grove fiom costs, including but not limited to damages, attorney's fees and staff 4 time, in any action or proceeding brought alleging a violation of ADA by Newport. Cottage Grove agrees to hold harmless and indemnify Newport 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 Cottage Grove. above. 18. Both par�ties agree to comply with all applicable state, federal and local laws, rules and regulations. IN WITNESS WHEREOF, the parties have set fot�th their hands on the day and year first written CITY OF COTTAGE GROVE By: Its Mayor Date By: Its City Administrator CITY OF NEWPORT By: Its Mayor Date s Its City Administrator Date Date 5 SUILDING INSPECTION SERVICES AGREEMENT This Agreement is made this 18� day of March, 2013, by and between the City of St. Paul Park hereinafter referred to as "St. Paul Park") and the City of Cottage Grove (hereinafter referred to as "Cottage Grove"). WHEREAS, St. Paul Park is authorized and empowered to provide for various types of building inspections and code enforcement to ensure the public health, welfare and safety; and WHEREAS, it is the desire of the parties and the purpose of this Agreement that certain of such services be performed by Cottage Grove on behalf of St. Paul Park; NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below, the above parties hereto agree as follows: l. The term of this agreement shall be from May 1, 2013 through May 1, 2014, and shall automatically renew for an additional one year terms unless either party to the Agreement provides notice to the other party that they shall terminate the contract at the end of the current term, and further subject to termination as provided in paragraph 9. 2. Far the term of this Agreement, Cottage Grove shall provide St. Paul Park with the following services, in and on behalf of St. Paul Park and at the direction of St. Paul Park's City Administrator: a. Building inspections and, as necessary, enforcement of building codes. b. Inspections by the Cottage Grove Fire Marshal for compliance with fire codes. c. Property inspections for structural integrity for purposes of exercising eminent domain powers or protection of life. d. Planning and zoning reviews required for building permits. e. Issuing building permits (plumbing & mechanical included). f. Preparation of all reporting required by the State of Minnesota or any state agency. g. Preparation of an annual written report of work completed for the City Council of St. Paul Park. h. Provide copies of all permits issued and inspections made on a monthly basis. The services Cottage Grove will provide under this Agreement do not include property maintenance inspections and do not include planning or zoning review unless such review is specifically related to a building permit request for a structure permitted under the St. Paul Park Code. 3. Cottage Grove 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 St. Paul Park City Code Chapter 18, Article II (Building Code) and Article III (Housing Code) and Article IV (Swimming Pools) and other policies as established by St. Paul Park. Cottage Grove shall confer with St. Paul Park staff regarding interpretation of the Code. St. Paul Park shall have a duty to inform Cottage Grove of any and all updates or changes to the St. Paul Park Code. 4. Cottage Grove is not required to maintain office hours at St. Paul Park's City Hall. However, if Cottage Grove finds it necessary to meet with citizens at St. Paul Park's City Hall, St. Paul Park will arrange for a work area for such meetings. Cottage Grove's main contact at St. Paul Park shall be St. Paul Park's City Administrator and Cottage Grove shall take direction from St. Y q.Y.lJI Y aI.YK ��.YILy L''�I.IIYLYi11JtJtYalL'l1'1� Y�IJY a.JIY '1W�U1lfK �1�Y1i1'liliY��lk il.IliYilll:Y ILillY� Ly�+7l`G'C�'YYY�GYtiIL. 5. Cottage Grove shall assume the expense of performing the inspections and code enforcement. 6. St. Paul Park will pay Cottage Grove 25% of the total permit and plan review fee. Such permit and plan review fees shall be separate from, and in addition to, the payment provided for by Paragraph 8 of this agreement. All other provisions of this agreement shall remain applicable with respect to the plan review and inspection services being provided. 7. In addition to the above fees St. Paul Park will pay Cottage Grove for services performed by Cottage Grove outside those contemplated by this agreement but only as specifically requested by St. Paul Park. These additional fees will be billed to St. Paul Park on a time and material basis. Services performed by the Cottage Grove Chief Building Official will be at the rate of $60/hour plus expenses. Services performed by Cottage Grove Building Inspector(s) will be at the rate of $45 plus expenses. 8. This agreement shall terminate as follows: a. Upon the expiration of 90 days after service of written notice upon the other party; or b. At any time, upon agreement of the parties. 9. Cottage Grove agrees to defend, indemnify and hold harmless St. Paul Park, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from Cottage Grove'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 Cottage Grove. This provision shall not be construed as a waiver by either party of any defenses, immunities or limitators on liability with respect to claims made by third parties. 10. St. Paul Park agrees to defend, indemnify and hold harmless Cottage Grove, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from St. Paul Park's performance of the duties required under this �►a 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 St. Paul Park. This provision shall not be construed as a waiver by either party of any defenses, immunities or limitators on liability with respect to claims made by third parties. 11. Cottage Grove 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. St. Paul Park shall be named as an additional insured, and a certificate of said insurance shall be provided to St. Paul Park. Cottage Grove 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 the St. Paul Park. 12. Any employee assigned by Cottage Grove to perform its obligations hereunder shall remain the exclusive employee of Cottage Grove for all purposes including, but not limited to, wages, salary and employee benefits. 13. In addition to the services listed in Paragraph 2 above, Cottage Grove shall, upon request, also provide for and on behalf of St. Paul Park: a. Collecting fees for issuing building permits and inspections. b. Inspection of all rental property once every two years. - St. Paul Park will provide Cottage Grove with a current list of rental property owners. - Cottage Grove shall notify St. Paul Park rental property owners of upcoming rental inspections via letter and application and collect an inspection fee of $40.00 per unit. Fees must be paid before inspections can be performed. Cottage Grove shall receive $25.00 for each unit inspected and St. Paul Park shall receive $15.00. - St. Paul Park rental property owners shall apply for Certificate of Occupancy renewal no later than 60 days prior to the April 1 expiration date of the previously issued certificate. - Cottage Grove shall collect $40.00 per unit for reinspections. Cottage Grove shall receive $25.00 for each reinspection and St. Paul Park shall receive $15.00. - Cottage Grove shall provide copies of inspections as well as Certificate of Occupancy for each building. c. Clerical and other office duties related to building inspections and review of building permits. 14. 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 between the parties hereto or as constituting the persons employed by Cottage Grove as the agent, representative or employee of St. Paul Park for any purpose or in any manner whatsoever. Cottage Grove is to be and shall remain an independent contractor with respect to all services performed under this contract. Cottage Grove represents that it has, or will secure at its own expense, all personnel and equipment required in 3 performing services under this contract. Any and all personnel of Cottage Grove or other persons, while engaged in the performance of any work or services required by Cottage Grove under this contract, and shall not be considered employees of St. Paul Park 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 Cottage Grove, its officers, agents contracts or employees shall in no way be the responsibility of St. Paul Park; and Cottage Grove shall defend, indemnify and hold St. Paul Park, 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 St. Paul Park, including, without limitation, tenure rights, .. llYl+lYlll�CL1 CLYIIl YYIy��J'YY.p.Y 'I�GIXI�i� �Y'LLh IXJLYIll 1�G.'� 1l�iGLVG� WV'U'111i�+YS �'U'YYl�li'11Y.`�YGI.�LY'IYfY�� YJ1lY�xYt�rx�u�'aili�lYl. Compensation, disability, severance pay and PERA. 15. The books, records, documents, and accounting procedures of Cottage Grove relevant to this Agreement, are subject to examination by St: Paul Park and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section 16C.05, Subd. 5. 16. This Agreement represents the entire Agreement between Cottage Grove and St. Paul Park 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. 17. Cottage Grove and St. Paul Park agree to comply with the Americans With Disabilities Act and 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. Cottage Grove has designated coordinatars 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 Cottage Grove, 7516 80th Street South, Cottage Grove, Minnesota 55016; telephone: 651-458-2800; TDD: 641-458-2880. St. Paul Park agrees to hold harmless and indemnify Cottage Grove 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 St. Paul Park. Cottage Grove agrees to hold harmless and indemnify St. Paul Park 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 Cottage Grove. 18. Both parties agree to comply with all applicable state, federal and local laws, rules and regulations. 4 IN WITNESS WHEREOF, the parties have set forth their hands on the day and year first written above. CITY OF COTTAGE GROVE By: Its Mayor Date By: Its City Administrator Date CITY OF ST. PAUL PARK By Its ; �°�� �" � Date By: Its City Administrator � ���� Date CITY OF COTTAGE GROVE AND DENMAI2K TOWNSHIP BUILDING INSPECTION AND CODE ENFORCEMENT SERVICES AGREEMENT This Building Inspection and Code Enforcement Services Agreement ("Agreement") is made and entered into this l day of July, 2013, by and between Denmark Township, a public corporation (hereinafter referred to as "Denmark"), and the City of Cottage Grove, a municipal corporation (hereinafter referred to as "Cottage Grove"). WHEREAS, Denmark is authorized and empowered to provide for various types of building inspections and code enforcement to ensure the public health, welfare and safety; and WHEREAS, it is the desire of the parties and the purpose of this Agreement that certain of those services be performed by Cottage Grove on behalf of Denmark within the jurisdictional boundaries of Denmark. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below, the above parties hereto hereby agree as follows: Term. This Agreement shall commence on July l, 2013 for a one-year term and shall automatically renew for successive one-year terms until it is terminated as provided in Section 9 of this Agreement I 2. Services. For the entire term of this Agreement, Cottage Grove shall provide Denmark with the following services on behalf of Denmark and at the direction of the liaison appointed by Denmark to work with Cottage Grove for the purposes of this AgrEement: a. Perform all duties necessary to review, conduct inspections, and issue building permits within Denmark in accordance with the Minnesota State Building Code and the Denmark Township Development Code ("Denmark Code"); b. Perform all duties necessary to enforce building codes within Denmark as needed; c. Where necessary, the Cottage Grove Fire Marshal will conduct inspections for compliance with fire codes; d. Conduct property inspections for structural integrity for purposes of exercising eminent domain powers or protection of life; e. Review of building plans, including ensuring conformance with the Denmark Code; f. Issue building permits (plumbing & mechanical included). At least 5 days before issuing a building permit Cottage Grove shall provide Denmark supervisors and clerk- treasurer a notification by e-mail of its intent to issue the permit. If no objections are received with 5 days from the notice as provided in the Denmark Code, Cottage Grove may issue the permit; g. Issue driveway permits in accordance with applicable Denmark ordinances and policies; h. Prepare and submit all reports required by the State of Minnesota or any state agency related to the administration and enforcement of building codes. Cottage Grove shall provide Denmark a copy of all such reports submitted on its behalf. Cottage Grove shall also pay the state-mandated surcharge amounts it collects within Denmark to the state as required on Denmark's behalf and provide Denmark proof of such payment; i. Prepare and submit to Denmark each month and quarterly a written report of the work completed for Denmark pursuant to this Agreement; j. Provide to Denmark a list of all permits issued and inspections made on a monthly basis; k. As directed by the Danmark Town Board, conduct property maintenance inspections to ensure compliance with the Denmark Code; 1. Collect all fees for issuing building permits and conducting inspections, and provide an accounting to Denmark of all such fees each month; m. Perform clerical and other office duties as may be required related to performing building inspections and reviewing building permits; n. Perform site inspections and issue certificates of compliance for agricultural buildings to the extent required by the Denmark Code and upon Denmark's request far such services. Cottage Grove will charge Denmark a flat fee of $75 per certificate of compliance. o. Provide for, through its contracted electrical inspector, electrical inspections and issuance of electrical permits within Denmark in accordance with the following: (1) Cottage Grove shall retain 25% of the fees collected for such electrical inspections and permits for administering such activities (including issuing electrical permits), and the electrical inspector shall retain 75% of such fees consistent with Cottage Grove's agreement with the electrical inspector; (2) Cottage Grove shall ensure electrical inspections are only conducted by an electrical inspector properly licensed to perform such inspections under state law; (3) Denmark will adopt the same electrical inspection and permitting fees as Cottage Grove; and (4) Cottage Grove's electrical inspector shall be considered the "Township electrical inspector" for the purposes of the Denmark Code. However, Cottage Grove shall be responsible for managing its agreement with the electrical inspector as Denmark does not contract with or employ the electrical inspector directly. 2 3. Valuations and Fees. Valuations related to building permit applications shall be determined by Cottage Grove and shall be calculated by multiplying the square foot area of the proposed structure times the building valuation factor as published annually by the Building Codes and Standards Division of the State of Minnesota Department of Administration. Permit feas shall be as approved by Denmark as part of its fee schedule. 4. Consultation. Cottage Gxove shall consult with Denmark concerning its usual method of conducting inspections, plan reviews, and related inspection and enforcement activities and will follow those methods and procedures to the extent reasonably possible and in a manner which is consistent with the Denmark Code and the building code. Cottage Grove sha11 confer with Denmark staff regarding interpretation of the Denmark Code. Denmark shall have a duty to inform Cottage Grove of any and all updates or changes to the Denmark Code. Cottage Grove will also abide by all land use decisions of Washington County which relate to the exercise of building plan reviews and inspections to the extent applicable. 5. Office Hours. Cottage Grove is not required to maintain office hours at Denmark's Town Hall. Building permits for Denmark will be issued at the Cottage Grove City Hall. Meetings required or associated with carrying out the duties set out in this Agreement shall be held at the Cottage Grove City Hall. 6. Pa Cottage Grove shall assume the expense of performing the inspections and code enforcement services provided for in this Agreement and shall be paid �or those services through the retention of a percentage of the fees paid by applicants for building permits and inspections performed pursuant to this Agreement within Denmark. 7. Collection and Retention of Fees. Applications for building permits shall be submitted directly to Cottage Grove. Cottage Grove will collect all fees related to the applications submitted to it from Derunark, including State required surcharges. On a quarterly basis, Cottage Grove will pay to Denmark seventy-five percent (75%) of all fees it collected from Denmark and shall retain the remaining twenty-five percent (25%) as p�yment for the services it provides under this Agreement. Cottage Grove will pay the State of Minnesota for all state surcharge fees it collects as required by law, which are in addition to, and not part of, the fees subject to the 75% / 25% division as provided in this section. 8. Additional Services. Denmark may request Cottage Grove provide it services in addition to those contemplated and required to be performed under this Agreement. Any such request for additional services shall be submitted to Cottage Grove in writing. If Cottage Grove agrees to provide the additional requested services, Denmark shall pay Cottage Grove at the rate of $60 per hour for services provided by the Cottage Grove Chief Building Official and $45 per hour for services provided by other Cottage Grove Building Inspectors. Denmark shall also be responsible for paying Cottage Grove for the actual expense incurred by its inspectors to provide the requested additional service. These additional fees will be billed to Denmark on a time and material basis each month in which the additional services are provided. a. Additional Enforcement Services. Enforcement is part of the services Cottage Grove is to provide Denmark under this Agreement and for which Cottage Grove is paid through the retained fees. However, at the point where the Denmark attorney initiates a legal action in district court to enforce the Denmark Code, the services Cottage Grove thereafter provides in furtherance of that enforcement action shall be considered additional services and shall be billed to Denmark at the hourly rates provided herein for such additional services until such time as a final decision has been issued by the courts or the matter is otherwise resolved. Cottage Grove shall provide the additional enforcement services only in consultation with Denmark or its attorney. 9. Termination. This Agreement may be terminated as follows: a. This Agreement shall not renew for another term if either party provides the other party a notice of nanrenewal at least 90 days prior to July lst; b. This Agreement may be tei7ninated at any time upon written agreement of the pai�ties; or c. This Agreement may be terminated by either party at any time upon at least 45 days' written notice of a material breach if the breaching party fails to come into compliance with the requirements of this Agreement by the end of the notice period. 10. Indemnification. Cottage Grove agrees to defend, indemnify and hold harmless Denmark, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses, including attorneys fees, arising out of or resulting from Cottage Grove's performance of the duties required under this Agreement, provided that any.such claim, action, damage, loss or expense is caused in whole or in pai�t by an alleged negligent act or omission or willful misconduct of Cottage Grove. Denmark agrees to defend, indemnify and hold harmless Cottage Grove, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses, including attorneys' fees, arising out of or resulting from Denmark's performance of the duties required under this Agreement, provided that any such claim, action, damage, loss or expense is caused in whole or in part by an alleged negligent act or omission or willful misconduct of Denmark. This provision shall not be construed as a waiver by either party of any defenses, immunities or limitations on liability to which they are entitled, under Minnesota Statues, Chapter 466 or otherwise. 11. Insurance. Cottage Grove shall carry liability insurance in the amount of at least $1,500,000. Denmark shall be named as an additional insured on Cottage Grove's policy and Cottage Grove shall provide Denmark a certificate of said insurance. Cottage Grove 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 the Denmark. A policy issued by the League of Minnesota Cities Insurance Trust shall be deemed acceptable insurance coverage for the purposes of this Agreement so long as it provides both liability and workers' compensation coverages. 12. Service Contract. This is a service conhact. The parties do not intend to create, and nothing herein shall be construed as creating, a joint powers agreement, joint venture, or joint enterprise. However, to the extent a court of competent jurisdiction may find such a relationship exists, Cottage Grove and Denmark shall be considered a single governmental entity as provided in Minnesota Statutes, section 471.59, subdivision la for the purposes of determining total liability. The limits of liability for Cottage Grove and Denmark shall not be added together to determine the maximum amount of liability for either party. 13. Independent Contractor. Cottage Grove is to be and shall remain at all times an independent contractor with respect to all services performed under this Agreement. Cottage Grove represents that it has, or will secure at its own expense, all personnel and equipment required in performing services under this Agreement. Any and all personnel of Cottage Grove engaged in the performance of any work or services required by Cottage Grove under this Agreement shall be considered employees of Cottage Grove and shall not be considered employees of Denmark. Any and all claims that may arise under the Workers' Compensation Act of the State of Minnesota by Cottage Grove personnel while performing services under this Agreement, and any and all other claims whatsoever that may arise out of the personnel's employment or alleged employment with Cottage Grove including, without limitation, claims of discrimination against Cottage Grove, its officers, agents contracts or employees shall in no way be the responsibility of Denmark; and Cottage Grove shall defend, indemnify and hold Denmark, 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 Denmark, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensations, Unemployment Compensation, disability, severance pay, or PERA. Any employee assigned by Cottage Grove to perform its obligations hereunder shall remain the exclusive employee of Cottage Grove for all purposes including, but not limited to, wages, salary and employee benefits. 14. Retention of Government Records. Cottage Grove shall retain all government records received or created by it in the performance of its services under this Agreement. Cottage Grove shall provide for the safe storage of such records during the entire term of this Agreement. Any Denmark government records held by Cottage Grove that are classified by Cottage Grove as being closed shall be transferred to Denmark. No Denmark government records received or generated pursuant to this Agreement shall be destroyed except in conformance with Denmark's records retention schedule. For the purposes of this Agreement, the term "government records" shall have the meaning given it in Minnesota Statutes, section 138.17, subdivision 1(b)(1). Cottage Grove shall transfer to Denmark all records held by it for Denmark at the termination of this Agreement. 15. Examination of Records. The books, records, documents, and accounting procedures of Cottage Grove relevant to this Agreement, are subject to examination by Denmark and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, section 16C.05, subdivision 5. 16. Data Practices. Cottage Grove shall administer any data on individuals it may receiva in the course of performing its duties under this Agreement consistent with the provisions of the Minnesota Government Data Practices Act (Minn. Stat. Chap. 13). 17. Entire Agreement. This Agreement represents the entire Agreement between Cottage Grove and Denmark 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 or conditions of this Agreement must be in writing and signed by both parties. 18. Le ag l Compliance. Both parties agree to comply with all applicable state, federal and local laws, rules and regulations in the performance of their duties under this Agreement. 19. No Waiver. The failure of either party to insist upon the strict and prompt performance of the terms, covenants, or agreements, and conditions contained herein by the other party shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term, covenant agreement or condition, and the same shall continue in force and effect. 20. Provisions Severable. The provisions of this Agreement shall be severable so that the unenforceability or invalidity of any provision or provisions of this Agreement shall not render any other provision or provisions unenforceable or invalid. If for any reason this Agreement or any provision hereof, is ruled invalid, in whole or in part, such decision shall not affect the validity of the remaining portions of the Agreement. 21. Third Parties. This Agreement does not confer any rights upon any third parties or parties who are not signatories to this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. CITY OF COTTAGE GROVE By: Its Mayor Date By: Its City Administrator Date DENMARI� TOWNSffiP a , � By: �-� �7 �' Its Chairperson �i'���,��.� Date � By: -�'� R � Its Clerk-Treas er �� �� Date 6