03-50Council File # Q� � SO
RESOLUTION Green sheet # 111513
,INT PAUL, MINNESOTA
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Re£erred To
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Committee: Date
WFIEREAS, The City of Sainf Paul and fhe City of Soufh St. Paul mutua(ly agree and desire to enter
into a Sanitary Sewer Use Agreement for Annapolis Street from Concord Street to Stickney Street;
Concord Street from Annapolis Street to Wyoming Street; and, Wyoming Street from Concord Street
to 310' West of Concord Street, and
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WHEREAS, the City of South St. Paul owns and operate�a sanitary sewer system which conveys
sewage from the City of Saint Paul, and
WHEREAS, the City of Saint Paul can provide the City of South Saint Paul with water records for
sanitary sewer billing purposes; now, therefore be it
RESOLVED, that the proper City officials are hereby authorized and directed to execute on behalf of
the City of Saint Paul, the Sanitary Sewer Use Agreement between the cities of Saint Paul and South
Saint Paul, a copy of which is attached and incorporated herein by reference.
Yeas II Nays II Absent
Requested by Department of:
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Adopted by Council: Date �,� a� �
Adoption Certified by Council Secretary
By:
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By:
Form Approved by City Attorney
�EPARTMEM/OFFICFICOUNCII DATEINRIATED GREEN HEET n,o. 111513
Public Works Sewer Utility 12/12/2002
Ini1laVDa[e IniliaVD
CONiACT PFASON 6 PHONE � �L � O
JoeMueller266-6149 DEPARTMENTDIRECNR GTYCOUNqL
MU5TBEONCOUNCILHCENDABY(�AT� ASSIGN � CfiYATTOFNEY � ❑ CITYCLERK
NUMBERFOR ,
�� ❑ FlNANCIALSERVICESDIR ❑ FlNANCIALSERV/ACCTG
OFDER ❑
❑ MAYOR(ORASSISiANT)
❑
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACiION REpUE$TED
Authorize the proper city officials to enter into a Sanitary Sewer Use Agreement with the City of South St. Paul.
REWMMENDATIONS:Apprwe(A)orRe�ecl(R) PERSONALSERVICECOMRACTSMUSTANSWEHTHEFOLLOWINGQUESTIONS:
_ PLANNING COMMISSION t. Has this persoNfirm ever worked under a conVact for this tlepartment?
CIBCOMMITTEE YES NO
CIVIL SEFVICE COMMISSION - 2. H3S thlS PZf50NfIrt0 CVBf bZEO 3 Cliy ZrtIPIOyCE?
- YES NO
3. Dces ihis persoNfirm possess a skill not normaliy possessed by any current city employee?
— YES NO
4. Is this persoNfrm a targeted vendoR
— YES NO
INITIATING PROBLEM, ISSUE, OPPORTUNI7V (WHO, WHAT, WHEN, WHERE, WFI`n:
The City of South St. Paul owns and operates a sanitary sewer system which conveys sanitary sewage from this azea. South St. Paul residents
and Saint Paul residents use tius sewer. Authorizing this agreement allows Saint Paul to provide water records of these residents to South St.
Paul for sewer billing purposes. This happens now on an informal basis. The ageement formalizes this process.
ADVAMAGES IF APPROVED: ' �
South St. Paul will be assured of getting proper water records and bill for sewer accordingly. ��g'�',C� c'
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DISADVAMAGES IF APPROVED �
None _ -
pISADVAMAGE5IF NOT APPROVE6.
Sewer billing may be inaccurate.
OTAL AMOUM OFTRANSACTION $- COST/REVENUE BUDGEfED (CIRCLE ONE) yES No
FUNDING SOURCE ACTIV(TY NUMBER
FINANqAL INFORMATION (IXPLAIN)
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Sanitary Sewer Use Agreement
THIS AGREEMENT is entered into by and between the City of South St. Paul and the City of
Saint Paul (each being sometimes refened to as "Part�' or collectively as "Parties"). For
valuable consideration and upon the terms and subject to the conditions herein, the Parties a�ee
as follows:
ARTICLE ONE
Definitions
Section 1.01. Definitions. When used in this Agreement, unless the context requires otherwise,
the following words or phrases have the foilowing meanings and the definitions shall be equally
applicable to both the singular and plural forms:
"Agreement" means this agreement, as it may be amended, supplemented, or restated
from time to time.
"Annapolis" means the dedicated and opened public street located in South St. Paul and
Saint Paul, in which the SSP Sanitary Sewer Main is now located.
"Concord Frontage Road" means the dedicated and opened public street located in
Saint Paul from Annapolis Yo Wyoming Street, in which iY has a sanitary sewer main.
"Customer" means a commercial or residential premises on Concord Frontage Road
from Annapolis Street to Wyoming Street, or a premises on Wyoming Street from Concord
Frontage Road to Sticlrney Street, connected now or hereafter to the sanitary sewer system of
Saint Paul and a commercial or residential premises on Annapolis Street from Sticlrney Street to
Concord Frontage Road, connected now or hereafter to the water system of the Saint Paul
Regional Water services and a sanitary sewer system of South St. Paul.
"Meter" means the water meter that measures water consumgtion by each customer.
"Saint Paul" or "SP" means the City of Saint Paul, a Minnesota municipal corporation.
"South St. Paul" or "SSP" means the City of South St. Paul, a Minnesota municipal
cotporation.
"Stickney StreeP' means the dedicated and opened public street located in Saint Paul.
"Wyoming Streef" means the dedicated and opened public street located in Saint Paul
from Concord Frontage Road to Sticlrney Street, in which it has a sanitary sewer main.
"SSP Sanitary 5ewer" means the sanitary sewer main owned by South St. Paul, which is
located in Annapolis.
"SP Sanitary Sewers" means the sanitary sewer mains owned by Saint Paul, which aze
located in Concord Frontage Road and Wyoming Street.
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ARTICLE TWO
Recitals
Section 2.01. Recitals. This Agreement is entered into on the basis of the following facts,
understandings and intentions of the Parties:
A. South St. Paul owns and operates the SSP Sanitary Sewer. Saint Paul owns and
operates the SP Sanitary Sewers and desires to connect them to the SSP Sanitary
Sewer.
B. The Parties intend that the SSP Sanitary Sewer shall convey sanitazy waste water
from each of the Parties upon the terms and subject to the conditions of this
Agreement.
C. Customers shall pay to South St. Paul for the use of the SSP Sanitary Sewer a
sewer chazge based upon the water consumption by the Customers and in the
amount of the sewer charge to SSP users from time to time. In the event of
default in payment by a Customer, Saint Paul shall make payment of the bill as
provided in this Agreement.
D. This Agreement is entered into pursuant to the authority granted by Minnesota
Statutes, Section 471.59.
ARTICLE THREE
Connecdon;Usaee
Secfion 3.01. Connection. South St. Paul grants Saint Paul the right to connect the SP Sanitary
Sewers to the SSP Sanitary Sewer in accordance with the rules and regulations of South St. Paul
for such connecrions and at the sole cost and expense of Saint Paul.
Section 3.02. Usa e. Saint Paul may run sewage from the SP Sanitary Sewers through the SSP
Sanitary Sewer, provided however, that no waste oil, acid or other matter that may be detrimental
to the treahnent process employed in the Metropolitan Council Sewage Treatment Plant, nor any
storm or ground waters, shall be pernutted to be dischazged from the SP Sanitary Sewers into the
SSP Sanitary Sewer. Saint Paul agrees to prevent sewage from any other area of Saint Paul than
that described in this Agreement from being discharged into the SSP Sanitary Sewer.
Section 3.03. Maintenance. Saint Paul shall be responsible for the maintenance, repair,
replacement and operation of the SP Sanitary Sewers. South St. Paul shall be responsible for the
maintenance, repair, replacement and operation of the SSP Sanitary Sewer.
ARTICLE FOUR
Sewer Char�e; Billin2; Pavment
Section 4.01. Sewer Charge. Customers identified in Appendix A, shall pay to South St. Paul a
sewer charge based on their water consumption. Appendix A may be modified from time to time.
The rate schedule for the sewer charge is the rate schedule set forth in South St. Paul Municipal
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Code, Subsection 710.17, as it may be amended from time to time. Saint Paul shall cause water
meters to be installed for each Customer and to be maintained in proper operating condition.
Saint Paul shall cause each water meter to be read quarterly and the total water consumption of
each Customer to be reported in writing to the South St. Paul City Engineer, or designee, in such
form as may be required by South St. Paul, on or before [to be provided] each calendaz quarter.
Section 4.02. Billin2. South St. Paul shall bill the Customers directly, on or before the 15` day
of the month following each calendar quarter for the total sewer charge for the preceding
calendaz quarter.
Secrion 4.03. Pavment. The Customers shall remit payment for each bill to South St. Paul on
or before 30 days of the date of the bill.
Should a Customer fail to remit payment to South St. Paul on or before 30 days of the
date of the bill, South St. Paul will send a copy of the bill to the City of Saint Paul, which shall
remit payment to South St. Paul within 30 days. The City of St. Paul shall have all rights of
subrogation and collection of payxnent from customers who fail to do so.
ARTICLE FIVE
Events of Default; Remedies
Section 5.01. Events of Default. Any one or more of the following events shall constitute an
Event of Default:
A. Saint Paul shall fail to pay when due, any amounts required to be paid by it under
this Agreement;
B. Failure of a party to perform or observe any of its obligarions, except for the
payments required under Article Four, under this Agreement for a period of 30
days after notice from the other Party of such default and requesting that it be
remedied.
Section 5.02. Termination. Either Party shall haue the right to ternvnate this Agreement upon
the occurrence of an Event of Default, as defined in Section 5.01, by the other Party by giving 30
days written notice to the other Party. Temunation shall not lirnit or otherwise affect the
respecrive rights and obligations of the Parties that accrued prior to the date of tennination.
ARTICLE SIX
Indemnitication
Section 6.01. South St. Paul Indemnitv. South St. Paul agrees to hold Saint Paul harmless and
to defend and indemnify it for any claims arising from the negligent acts or omissions of South
St. Paul, its officers, officials and agents, and employees in the performance or nonperformance
of its obligations under this Agreement, except such as aze caused by the negligent acts or
omissions of Saint Paul, its officers, officials, agents, and employees.
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Section 6.02. Saint Paul Indemnitv. Saint Paul agrees to hold South St. Paul harmless and to
defend and indemnify it for any claims arising from the negligent acts or omissions of Saint Paul,
its officers, officials and agents, and employees in the performance or nonperformance of its
obligarions under this Agreement, except such as are caused by the negligent acts or omissions of
South St. Paul, its officers, officials, agents, and employees.
Section 6.03. Limitation. Under no circumstances shall a ParLy be required to pay on behalf of
itself and the other Party, any amounts in excess of the limits on liability established by
Minnesota Statutes, Chapter 466, or successor statute, applicable to only one Party. The limits of
liability for one or all Parties may not be added together to detemune the maximum amount of
liability for any Party.
ARTICLE SEVEN
Term; Effective Date
Section 7.01. Term; Effective Date. This Agreement shall be effecrive on the last date it is
executed by a Party and shall continue in effect until terminated under Article Five; or
terminated by either Party without cause upon 120 days written notice to the other Party; or by
mutual agreement of the Parties.
Section 7.02. Survival of Provisions. The agreements herein, which by their terms are to have
effect or be performed after the terniination of this Agreement, shall survive its terminafion,
including, without limitation, the provisions of Article Four and Article Six. No termination
shall limit or otherwise affect the respective rights and obligations of the Parties that accrued
prior to the date of termination.
ARTICLE EIGHT
General Provisions
Section 8.01. Notice. Unless otherwise specifically provided, all notices required or permitted
by this Agreement shall be in writing and may be delivered personally, or may be sent by cable,
telex, facsunile or certified mail, retum receipt requested, addressed:
If to South St. Paul: City of South St. Paul
Municipal Building
125 Third Avenue North
South St. Paul, MN 55075
Attention: City Engineer
Facsimile No. 651.5543211
If to Saint Paul: City of Saint Paul
700 City Hall Annex
25 West 4 th Street
Saint Paul, MN 55102
Attention: Sewer Utility Manager
Facsunile No. 651.298.5621
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Any notice shall be deemed to have been received as follows: (i) personal delivery, upon
receipt; (u) telex, cable or facsimile, 24 hours after lransmission or dispatch; (iii) certified mail,
tbree business days after delivery to the United States postal authorities by the Party serving
notice. If notice is sent by telex, facsimile or cable, a confinning copy of the same shall be sent
by mail to the same address.
Section 8.02. Headin2s. The subject headings of the Articles and Sections of this Agreement
are inserted for the purpose of convenient reference and aze not intended to be part of this
Agreement nor to be considered in any interpretation of the same.
Section 8.03. Entire Agreement. This Agreement contains the entire understanding and
agreement between the Parties with respect to its subject matter and supersedes all previous
communications, negoriations and agreements, whether oral or written, between the Parties with
respect to this subject matter.
Section 8.04. Waiver. No w�iver by any Party, either express or implied, or any one or more
defaults by the other Party in the performance of any provisions of this Agreement, will operate
or be construed as a waiver of any future default or defaults, whether of a like or a different
character. Failure by a Party to enforce any of the terms, covenants, conditions or other
provisions of this Agreement at any time shall not in any way affect, limit, modify or waive that
Party's right thereafter to enforce strict compliance with every term, covenant or condition
herein, notwithstanding any course of dealing or custom of the trade.
Section 8.05. Exclusion of Third Partv Rights. The provisions of this Agreement will not
impart rights enforceable by any person or organization not a Party or bound as a Party unless a
permitted successor assignee of a Party bound by this Agreement.
Section 8.06. Cooneration. The Parties agree to reasonably cooperate with each other in the
implementation and performance of this Agreement. Such duty to cooperate shall not require
any Party to act in a manner inconsistent with its rights under this Agreement.
Section 8.07. Applicable Law. This Agreement and the rights and duties of the Parties will be
govemed, interpreted, performed and enforced in accordance with the laws of the State of
Minnesota, without regazd to principles of conflicts of law.
Section 8.08. Amendment. This Agreement may be amended, supplemented or othenvise
modified only by a written instrument signed by the Parties affected by the modification.
Section 8.09. Minnesota Government Data Practices Act. Information supplied by either
Party to the other Party is subject to the Minnesota Govemment Data Practices Act (the "AcP'),
Minnesota Statutes, Chapter 13. Such information shall become public data unless it falls into
one of the exceptions in the Act. A Party shall notify the other Party of any data that it believes
is classified as non-public data.
Section 8.10. Access to Information. Each Party shall provide the other Party and its
representatives with reasonable access to and examination of its books and records relative to
tYus Agreement, during normal business hours and upon reasonable advance notice.
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Section 8.11. Counterparts. This Agreement may be executed in counterparts, and one of
which shall be deemed to be an original, but such counterparts when taken together shall
constitute but one agreement.
Section 8.12. Mediation. All claims, disputes, and controversies arising out of or in relation to
the performance, interpretation, applicarion or enforcement of this Agreement, including but not
limited to, breach thereof, shall be referred to mediation before and as a condition precedent to
the initiation of any adjudicarive action or proceeding, including azbitration.
IN WTTNESS WHEREOF, the Parties have caused this Agreement to be executed by
their duly authorized representatives on the date and yeaz following their respective signatures.
CITY SOUTH ST. PAUL
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Title: Mayor
Date: ( �- (�_, 2002
CITY OF SAINT PAUL
By:
Name: Randy Kelly
Title: Mayor
Date:
By: �.li�:.�.� �. Z{at0��✓
Name: Chn 'sty M� ilcox
Title: City Clerk
Date: / / - o�(J , 2002
And By:
Name:
Title: Office of Financial Services
Date:
r�iI1l�r
2002
Approved as to form:
By: � �/ � - ��.l�?
Name: Lisa L. Veith
TiTle: Assistant City ttomey
Date: I� 7 6?
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Recommended for Approval:
By:
Name: Bob Sandquist
Title: Director of Public Works
Date: , 2002
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Appendix A
The following properties are connected to a water system of the Saint Paul Regional Water
Services and a sanitary sewer system of a South Saint Paul:
534 Annapolis Street
558 Annapolis Street
565 Annapolis Street
568 Annapolis Street
570 Annapolis Street
577 Annapolis Street
585 Annapolis Street
596 Annapolis Street
600 Annapolis S�eet
601 Annapolis Street
The following properties aze connected to a water system of the Saint Paul Regional Water
Services and a sanitary sewer system of Saint Paul that drains to a sanitary sewer system of
South St. Paul:
764 Concord Frontage Road
750 Concord Frontage Road
736 Concord Frontage Road
555 Wyoming Street
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