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Item 3.9 Contract of Building and Septic Inspection Servicesto ry OF 06 1 ezo Mikt41-=S0TA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING ,KPARTIVIENT :REQUESTOR.:%::: MEETING DATE: Administration City Administrator/Finance Director Flaherty December 14, 2020 'PRESENTEk( 'REVIEWED BY:: % ITEM #: Consent City Attorney Kendall 3,9 STRATEGIC VISION :MEETS. Ht City_b.F,&SEGb: X Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. Ar.r-NnA ITEM DETAILS RFCOMMENDATI.: .bN'':%,::..':': City staff is recommending that the City Council approve a Contract for Building and Septic Inspection Services. :AkEYOU'SEEKING APPROVAL.bFACONTRACT? .�:.:.:...: IS PUBLIC HEARING REQUIRED? Yes No BACKGROUND/JUSTIFICATION: The City of Otsego contracts with Metro West Inspection Services, Inc. (Metro West) to serve as its Building Official pursuant to Minnesota Statute and to perform building plan review, building inspection and septic inspection services for the city. This contractual relationship dates back to 2009, with the current contract dating back to 2010. Since that time, the City has experienced changes In staffing, changes in the City Attorney, and significant growth. Additionally, since that time, Metro West has gone through a change in ownership. All of these factors contributed to a mutual effort to ensure the contract document was up-to-date. The City Attorney has drafted the Contract, which has been reviewed by Metro West, whom is agreeable to all the terms and conditions of the Contract. This Contract was reviewed with the Administrative Subcommittee at the December 2020 meeting, with recommendation for future consent agenda approval by the City Council. .00WMIHNTSATTACHED � 0 Contract for Building and Septic Inspection Services eneelCl C hAf1TlnKi r VVVILI L.6.. I■I- I Awl.■ r PLEASE.W.QRDMQTIONASYOU DULD ..IKEITTO. PPEAR..IN.THEMINUTES Motion to approve the Contract for Building and Septic Inspection Services between the City of Otsego and Metro West Inspection Services, Inc. 01ln(SCT 1A19:(1C?MAT1r)M YVFJ w:I 1.+1 .. v.w1■./7. .w+.. ,.FUNDING:.';`' BUDGETED , General Fund — Building Safety Department Yes 101-42410-390 Contract for Building and SSTS (Septic) Inspection Services THIS CONTRACT. Made this lst day, January 2021, by and between the City of Otsego, a Minnesota municipal corporation ("City") and Metro West Inspection Services, Inc., a business corporation registered with the State of Minnesota ("CONTRACTOR"). Building and SSTS (Septic) Inspection Services. The City of Otsego hereby appoints the CONTRACTOR as the Building Inspection and Septic Inspector for the City of Otsego. The City also hereby designates the CONTRACTOR as its building official pursuant to Minn. Stat. § 32613.133, subd. 1. The CONTRACTOR, represents that it is licensed by the State of Minnesota Department of Labor and Industry (13O002098) and the Minnesota Pollution Control Agency (L3952). TERM OF THE CONTRACT. This Contract shall commence on the date upon which it is approved and executed by both parties and shall continue in effect thereafter, provided however, that this Contract may be terminated by either party for any reason by sixty (60) days' written notice to the other party. Payment for services rendered shall be through the date of termination as identified on the written notification. This Agreement shall remain in effect unless terminated at an earlier date by either party. SCOPE OF CONTRACT. The CONTRACTOR agrees to provide building inspection services and septic inspection services for the city of Otsego in accordance with the Otsego City Code, applicable City policies, and other applicable state law. The CONTRACTOR agrees to make all necessary building and septic inspections. KEEPING OF RECORDS. Within the scope of the Contract, the CONTRACTOR shall maintain an adequate set of records and memoranda from which can be determined the date, number and findings of all building inspections and septic inspections together with any other information deemed necessary by the parties. LOCATION OF THE WORK. The CONTRACTOR agrees that the work shall be performed within the City of Otsego. The City agrees to provide a work space and reasonable access to a computer and landline phone for the CONTRACTOR to use to perform the services of this Contract. REIMBURSEMENT FOR EXPENSES. The CONTRACTOR agrees that it will seek no reimbursement for our out-of-pocket expenses incurred in the performance of the Contract. CONTRACT PRICE. Hourly building and septic inspection services at $75.00 per hour. The CITY shall compensate the CONTRACTOR for building inspection services, septic inspection services, and investigation services at a rate of $75.00 per hour. Any changes to these hourly rates must be approved in writing by the City, and the CONTRACTOR shall provide written notice to the City of any request for a rate change for the following year no later than the preceding June 1 sc PAYMENT OF ADDITIONAL WORK. As compensation for additional work as set forth in this Contract, the CONTRACTOR shall be paid an amount as agreed upon by both parties at the time the additional work is to be completed. LEGAL STATUS. The CONTRACTOR shall in all respects, be deemed an independent contractor and not an employee of the City. The CONTRACTOR is not entitled to the benefits incidental to the employer -employee relationship, and the City is not required to make payments for Public Employees Retirement Association (PERA) benefits, retirement benefits, health insurance benefits, worker's compensation benefits, unemployment benefits, or any other benefits that are offered to employees of the City of Otsego, which are incidental to the employer -employee relationship. The CONTRACTOR shall have full control of the way the work and other matters incidental to the performance of services is performed pursuant to this Contract. The City shall be notified in advance of any proposed changes in methods of providing services. MISCELLANEOUS. The parties agree that no fiduciary bond shall be required, and the CONTRACTOR agrees to remain, at all times, licensed by the Minnesota Department of Labor and Industry (13O002098) and licensed by the State of Minnesota Pollution Control Agency (L3952). INSURANCE. The CONTRACTOR ensures that it is insured for general liability and professional liability coverage in the minimum amount of $1,000,000.00. The CONTRACTOR shall name the City as an additional insured on all such insurance policies issued in his name for services provided herein. The CONTRACTOR shall provide proof of insurance coverage required by this paragraph prior to commencement of services under this Agreement and annually by the 15t' day of January each year. The CONTRACTOR shall maintain work's compensation insurance, and Bonds for Minnesota Pollution Control. Additionally, the CONTRACTOR must maintain automobile liability insurance (single limit or combined limit or excess umbrella) covering all vehicles used in providing services to the City in an amount of one million five hundred thousand dollars ($1,500,000) per accident for property damage, one million five hundred thousand dollars ($1,500,000) for bodily injury and damages to any one person, and one million five hundred thousand dollars ($1,500,000) for total bodily injuries and damages arising from a single accident. The CONTRACTOR shall be permitted to use the City's vehicles for the purposes of providing services to the City if a vehicle is available. If the CONTRACTOR uses the City's vehicles, then the CONTRACTOR shall follow all rules set forth by the City with respect to such use. LIABILITY. The City, its officers, agents, and employees shall not be liable for any intentional or negligent act of the CONTRACTOR, and the CONTRACTOR agrees to hold the City, its officers, agents and employees harmless from any intentional or negligent act of the CONTRACTOR, and from any claim for damages, demands, causes of action, of whatever nature, whether known or unknown, liquidated or not liquidated, whether past, present or future, arising out of the relationship of the CONTRACTOR to the City under the terms of this Agreement. Further, the CONTRACTOR agrees to indemnify the City, its officers, agents or employees, for any and all costs, expenses, fees, charges and reasonable attorney's fees incurred by the City arising out of the conduct or the performance of the CONTRACTOR hereunder for which the City is not directly negligent. Further, the CONTRACTOR agrees to defend the City, 2 its officers, agents or employees, in any claims resulting from the intentional and negligent acts of the CONTRACTOR under the terms of this agreement. The CONTRACTOR agrees this indemnity obligation shall survive the completion or termination of this Agreement. REPORTS. All reports, plans, specifications, data, maps, and other documents produced by the CONTRACTOR in the performance of Building Inspection Services under this Agreement shall be the property of the City. DATA. The CONTRACTOR agrees to abide by the applicable provisions of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and all other applicable state or federal rules, regulations, or orders pertaining to privacy or confidentiality. The CONTRACTOR understands that all of the data created, collected, received, stored, used, maintained, or disseminated by the CONTRACTOR in performing those functions that the City would perform is subject to the requirements of Chapter 13, and the CONTRACTOR must comply with those requirements as if the CONTRACTOR a government entity. WAIVER. The waiver by either party of any breach or failure to comply with any provision of this Agreement by the other parry shall not be construed as or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. ENTIRE AGREEMENT. It is understood that this Agreement contains the entire Agreement between the City and the CONTRACTOR and that no statement, promise, or inducement made by any parry hereto, or officer, agent or employee of either party hereto which is not contained in this written Agreement shall be valid or binding; this Agreement may not be enlarged, modified, or altered except in writing signed by the parties endorsed hereon. It is expressly understood between the parties hereto, and this understanding shall be considered when interpreting the provisions of this Agreement, that upon notice given by any party hereto, good faith negotiations may be undertaken for the purpose of revising, adding to or striking any provision or provisions of this Agreement which appear to be unworkable or insufficient to perfect, maintain, and ensure attainment of the City's goals in requiring building permits and inspection. Any mutually acceptable change to the original provisions of this Agreement shall be written and attached to the Agreement as provided above and any such revision, addition, or deletion shall only apply to the provision revised, added or deleted, and the remainder of the Agreement shall remain in full force and effect. VENUE. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. All proceedings related to this Agreement shall be venued in Wright County, Minnesota. OFFICIAL NOTICES. All notices shall be in writing and considered to have been duly given if sent by first class certified mail or delivered to the address as set forth below by reputable overnight delivery service or local messenger, or to such other address as such party may hereafter designate by written notice to the other party. Notices given by certified mail shall be effective two (2) business days after their postmark; notices delivered by overnight delivery service or local messenger shall be effective upon receipt or refusal of receipt; and notices by email shall be 3 effective upon delivery, provided that if an email notice is delivered after 5:00 PM or on a non - business day, then such email notice shall be effective on the next business day. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, ten (10) days prior to the effective date of such change. Notice by or to a party shall be effective if delivered by or to such party's attorney. To Contractor: Metro West Inspection Services, Inc. P.O. Box 248 Loretto, MN 55357 Attn: Todd Geske To City: City of Otsego, Minnesota Otsego City Hall 13400 901h Street NE Otsego, MN 55330 Attn: City Administrator Copy to: Campbell Knutson, P.A. Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Attn: David Kendall IN WITNESS WHEREOF. The CONTRACTOR, Metro West Inspection Services Inc. and the City of Otsego have executed this Contract this 1 st day January 2021. CITY OF OTSEGO Jessica Stockamp Mayor ATTEST: Bethany B enting Deputy City Cleric M METRO WEST INSPECTIONS, INC. By: Its: ATTEST: Its: