IV.7. Approval of Joint Powers Agreement between the City of Hopkins and City of Golden Valley for Inspections and Plan Review of Minnesota State Licensed Facilities; Kearney
CITY OF HOPKINS
City Council Report 2025-178
To: Honorable Mayor and Council Members
Mike Mornson, City Manager
From: Christopher Kearney, Chief Building Official
Date: December 16, 2025
Subject: Approve Joint Powers Agreement between City of Golden Valley and City
of Hopkins for State Licensed Facilities
_____________________________________________________________________
RECOMMENDED ACTION
MOTION TO Approve Joint Powers Agreement (JPA) between the City of Hopkins and
the City of Golden Valley for inspections of State Licensed Facilities.
OVERVIEW
Approval of the JPA between the City of Hopkins and the City of Golden Valley allows
both cities to meet the new requirement by the MN Department of Labor and Industry
for cities to have backup inspection and plan review service on state licensed facilities
such as, hospitals, skilled nursing businesses, senior living, schools and so on.
• Both cities’ attorneys have reviewed the JPA.
• The JPA is prepared for a 5-year term.
SUPPORTING INFORMATION
• Joint Powers Agreement
Inspections Division
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JOINT POWERS AGREEMENT
Between City of Hopkins, Minnesota and City of Golden Valley, Minnesota
for Inspections & Plan Reviews of Minnesota State Licensed Facilities
This Agreement (“Agreement”) is entered into this ___ day of _______, 2025 by and between
the City of Hopkins, Minnesota (hereinafter “Hopkins”) and the City of Golden Valley,
Minnesota (hereinafter “Golden Valley”), each a municipal corporation organized under the laws
of the State of Minnesota.
RECITALS
WHEREAS, Hopkins and Golden Valley are each municipal entities in the State of Minnesota,
and are governmental units under Minnesota Statutes, section 471.59 (“Joint Powers Act”), and
have each entered into a delegation agreement with the Minnesota Department of Labor &
Industry (“DLI”) for the performance of inspections and plan reviews of certain Minnesota State
Licensed Facilities under Minnesota law;
WHEREAS, pursuant to the Joint Powers Act, two or more governmental units may enter into an
agreement to cooperatively exercise any power common to the contracting parties, and one of the
participating governmental units may exercise one of its powers on behalf of the other
governmental units;
WHEREAS, Hopkins and Golden Valley recognize that due to staffing, scheduling, workload
fluctuations, or other circumstances, it may be beneficial for the cities to assist one another in
performing inspections and plan reviews for state-licensed facilities (e.g., schools, assisted living
facilities, etc.) to ensure continuity of public safety oversight;
WHEREAS, the parties desire to establish a standing mutual aid arrangement to facilitate such
cooperation, provide clarity on roles, responsibilities, cost and liability, and to ensure efficient
and effective service to the public;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,
Hopkins and Golden Valley agree as follows:
ARTICLE I – DEFINITIONS
1.1 “Providing City” means the city (Hopkins or Golden Valley) that supplies inspection or plan-
review services under this Agreement.
1.2 “Requesting City” means the city (Hopkins or Golden Valley) that requests assistance from
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the other under this Agreement.
1.3 “State Licensed Facility” means any facility that is required by Minnesota statute or rule to
be licensed by DLI, and whose inspection or plan review responsibility has been delegated to the
respective city.
1.4 “Inspection Services” means the on-site inspection, examination, investigation of the facility,
including but not limited to code compliance, safety, health, accessibility, or other matters as
required under the city’s delegation from DLI.
1.5 “Plan Review Services” means the examination of submitted architectural, structural,
mechanical, electrical, plumbing, fire-protection, or other building or safety systems plans for the
licensed facility consistent with the city’s delegated authority by DLI.
ARTICLE II – PURPOSE AND SCOPE
2.1 Purpose. The purpose of this Agreement is to enable Hopkins and Golden Valley to provide
reciprocal assistance to one another in the performance of Inspection Services and Plan Review
Services for State Licensed Facilities, thereby enhancing mutual capacity, reducing delays,
improving public safety oversight, and optimizing resources.
2.2 Scope. This Agreement applies only to inspection and plan review services for State
Licensed Facilities under the delegation agreements with DLI. It does not apply to other
municipal services, emergency response, police, fire, or other regulatory functions unless
explicitly amended.
2.3 Requesting Process. When the Requesting City determines that it is unable to perform or
timely complete an inspection or plan review, due to any reason, it may request assistance from
the Providing City. The request shall be made in writing, including via email to the
individual/address identified in Section 8.4 and shall identify:
a) the facility and location;
b) type of service requested (inspection or plan review);
c) the timeframe for completion;
d) any special requirements or documentation needed;
e) Requesting City’s contact person and lead inspector or reviewer.
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2.4 Acceptance. The Providing City may accept or decline the request based on any reason. If
accepted, the Providing City shall proceed to perform the service consistent with this Agreement.
ARTICLE III – ROLES AND RESPONSIBILITIES
3.1 Responsibilities of Requesting City. The Requesting City shall:
a) Provide the Providing City with all necessary information, plans, records, inspection
history, code references, fees paid, and other documentation relevant to the facility.
b) Notify the facility of the involvement of the Providing City as the inspection/plan-review
authority for the particular service under this Agreement.
c) Remain the primary point of contact for the facility and retain the final permit/approval
authority, unless otherwise agreed in writing.
d) Ensure that the Providing City’s staff are authorized under the delegation agreement with
DLI (or otherwise permitted) to perform the required service.
e) Pay any agreed fee or compensation in accordance with Article V.
3.2 Responsibilities of Providing City. The Providing City shall:
a) Assign qualified inspectors or plan review specialists who meet the standards and
qualifications required by DLI and the city’s own building code-enforcement program.
b) Perform the inspection or plan review in a timely manner, consistent with the Requesting
City’s timeframe, and in accordance with applicable Minnesota statutes, rules, the DLI
delegation agreement, and the Requesting City’s code and policy, as provided by the
Requesting City.
c) Coordinate with the Requesting City’s designated lead person, provide written reports,
recommendations, permits or approvals as required by the Requesting City’s process.
d) Ensure that documentation of the Providing City’s work is forwarded to the Requesting
City.
e) Maintain all records of inspections/plan reviews and provide copies to the Requesting City
upon request.
3.3 Delegation Compliance. Both cities acknowledge that the inspection and plan review work
remains subject to the terms of the delegation agreement between each city and DLI. The parties
agree that the Requesting City (and, where applicable, the Providing City) will ensure
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compliance with the delegation agreement requirements, including but not limited to
qualifications of personnel, record-keeping, reporting to DLI, and oversight.
ARTICLE IV – LIABILITY, INSURANCE & INDEMNIFICATION
4.1 Liability. Each party shall remain responsible for its own acts or omissions under this
Agreement. The Providing City agrees to perform services diligently and competently, but the
Requesting City retains final administrative authority and permit approval for the licensed
facility.
4.2 Insurance. Each party represents that it maintains appropriate liability insurance (or is self-
insured) covering its employees and operations in connection with inspection and plan review
services.
4.3 Indemnification. To the extent permitted by Minnesota law, each party agrees to indemnify,
defend and hold harmless the other party, its officers, employees and agents from and against
any and all claims, liabilities, damages, losses or expenses (including reasonable attorneys’ fees)
arising out of or in connection with the negligence or willful misconduct of the indemnifying
party in the performance of services under this Agreement.
4.4 Worker’s Compensation. Each party shall remain responsible for worker’s compensation and
benefits for its own employees. Nothing in this Agreement shall create an employment
relationship between the employees of one city and the other city.
4.5 Liability Limitations. The provisions of Minn. Stat. § 471.59, the Municipal Tort Claims Act,
Minn. Stat. Ch. 466 and other applicable laws govern liability of the cities. In the event of any
claims or actions are filed against either city, nothing in this Agreement shall be construed to
allow a claimant to obtain separate judgments or separate liability caps from the individual cities.
ARTICLE V – FEES AND COSTS
5.1 Fees. The Requesting City and Providing City shall negotiate and agree in writing, with
agreement acknowledged via email or signed form, the rate, if any, that will apply for services
rendered by the Providing City. Such fee may reflect actual costs of each building inspector and
building official standard hourly charges or may be waived by agreement.
5.2 Billing and Payment. The Providing City shall issue an invoice to the Requesting City within
thirty (30) days after completion of the service. The Requesting City shall remit payment within
thirty (30) days of receipt of invoice, unless otherwise agreed.
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5.3 Facility Fees. Unless otherwise provided, the Requesting City remains responsible for
collecting any facility fees (permit, inspection, plan review) under its own fee schedule. The
Providing City’s involvement does not alter the fee structure applicable to the facility under the
Requesting City (unless agreed otherwise).
5.4 Cost Reimbursement. The parties may agree to cost-reimbursement terms (e.g., overtime,
travel, special equipment) prior to service provision when applicable.
ARTICLE VI – RECORDS, REPORTING & CONFIDENTIALITY
6.1 Records. The Providing City shall maintain records of inspections, plan reviews,
communications, and reports, and shall forward a copy of the final report to the Requesting City.
The Requesting City shall maintain such records in its system in accordance with Minnesota
statutory and rule requirements and the DLI delegation agreement.
6.2 Reporting to DLI. If required by the delegation agreement or statutory rule, the Requesting
City shall ensure that any required reports or notifications to DLI are made, even if the work was
performed by the Providing City. The Providing City shall cooperate in such reporting as needed.
6.3 Confidentiality. Both parties agree to maintain confidentiality of any proprietary or sensitive
information received in the course of inspections/plan reviews as required by Minnesota law,
DLI rules, and the parties’ code of conduct.
ARTICLE VII – TERM, TERMINATION & AMENDMENT
7.1 Term. This Agreement shall commence on the date of the last signature below and continue
for a term ending on December 31, 2030, unless earlier terminated as provided herein.
7.2 Termination. Either party may terminate this Agreement with or without cause upon thirty
(30) days’ written notice to the other party. In the event of termination, both parties shall
complete any outstanding inspections or reviews already accepted under this Agreement and
settle any unpaid invoices.
7.3 Amendment. This Agreement may be amended by mutual written agreement of the parties.
Any amendment must be approved by the governing bodies of both cities if required by local
policy.
ARTICLE VIII – MISCELLANEOUS PROVISIONS
8.1 Entire Agreement. This Agreement constitutes the entire understanding of the parties with
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respect to mutual aid services for inspections and plan reviews of State Licensed Facilities and
supersedes all prior agreements, whether oral or written, between the parties on the subject.
8.2 Severability. If any provision of this Agreement is held invalid or unenforceable, the
remainder of this Agreement shall continue in full force and effect.
8.3 Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of Minnesota.
8.4 Notices. All notices, requests, demands and other communications required or permitted
under this Agreement shall be in writing and shall be deemed duly given when delivered
personally, by email with confirmation, or by certified mail (return receipt requested) to the
following addresses (or such other address as each party may designate):
• City of Hopkins: [1010 First Street South Hopkins, MN 55343 Amy Domeier City Clerk
adomeier@hopkinsmn.com ]
• City of Golden Valley: [7800 Golden Valley Road Golden Valley, MN 55427 Theresa
Schyma cityclerk@goldenvalleymn.gov ]
8.5 Relationship of Parties. The parties are independent municipal entities and nothing in this
Agreement shall be construed to create a joint venture, partnership, agency, or employment
relationship between them.
8.6 Force Majeure. Neither party shall be liable for any delay or failure in performance under this
Agreement due to fires, floods, storms, acts of God, strikes, governmental action, or other
circumstances beyond the party’s reasonable control.
8.7 Waiver. No waiver by either party of any breach or default under this Agreement shall be
deemed a waiver of any subsequent breach or default.
8.8 Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed an original, and all of which together constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first above written.
CITY OF HOPKINS, MINNESOTA
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By: ____________________________ By: ____________________________
Name: __________________________ Name: __________________________
Title: __________________________ Title: __________________________
Date: __________________________ Date: __________________________
CITY OF GOLDEN VALLEY, MINNESOTA
By: ____________________________ By: ____________________________
Name: __________________________ Name: __________________________
Title: __________________________ Title: __________________________
Date: __________________________ Date: __________________________