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HomeMy WebLinkAboutItem 06.iFebruary 14, 2013 Item No. RESOLUTION APPROVING JOINT POWERS AGREEMENT BETWEEN THE STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES AND THE CITY OF LAKEVILLE FOR THE PURCHASE, INSTALLATION, OPERATION AND MAINTENANCE OF AN AERATION SYSTEM AT MARION LAKE Proposed Action Staff recommends adoption of the following motion: Move to approve resolution approvin Joint Powers Agreement between the State of Minnesota Department of „Natural Resources (DNR) and the City of Lakeville for the purchase, installation, operation and maintenance of an aeration system at Marion Lake. Passage of this motion will result in the City receiving an aeration system purchased by the DNR to be used on Marion Lake during winter months as needed. Overview Currently, the City of Lakeville has a significantly large portable aeration system that is need of some repair /upgrades that was purchased by the DNR back in 1990. Recently the DNR contacted the City regarding replacing the existing unit with a new improved smaller aspirating aeration system to be used on Marion Lake during the winter months as needed. The DNR takes reading(s) of the dissolved oxygen level in Marion Lake during the winter months when they feel oxygen levels could be of concern to the fish habitat. DNR officials indicated that the existing aeration system was used twice since 1990 when dissolved oxygen levels were found to be too low. Primary Issues to Consider • What are the City's obligations as part of the Joint Powers Agreement? The City is responsible for installing and operating the aeration system when directed by DNR and provide the electrical power source which already exists on site. Supporting Information Joint Powers Agreement hn Hennen Park Maintenance & Operations Mgr Financial Impact: $ Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: CITY OF LAKEVILLE RESOLUTION NO. RESOLUTION APPROVING JOINT POWERS AGREEMENT BETWEEN THE STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES AND THE CITY OF LAKEVILLE FOR THE PURCHASE, INSTALLATION, OPERATION AND MAINTENANCE OF AN AERATION SYSTEM AT MARION LAKE WHEREAS, the Department of Natural Resources (DNR) and the City of Lakeville want to provide recreational opportunities for anglers on Marion Lake; and WHEREAS, Marion Lake, located in the City of Lakeville, provides habitat for fish but is adversely effected during some winter seasons by oxygen depletion; and WHEREAS, the City of Lakeville and the DNR believes that the installation, operation and maintenance of a surface aspirating system will benefit the Marion Lake environment and the fish therein. NOW, THEREFORE, RE IT RESOLVED by the City Council of the City of Lakeville, Minnesota, that the .Joint Powers Agreement between the State of Minnesota Department of Natural Resources and the City of Lakeville for the purchase, installation, operation and maintenance of an aeration system at Marion Lake is hereby approved by the City Council of the City of Lakeville, Minnesota. DATED this 14th day of February, 2013 CITY OF LAKEVILLE Matt Little, Mayor ATTEST: Charlene Friedges, City Clerk JOINT POWERS AGREEMENT BETWEEN THE STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES AND THE CITY OF LAKEVILLE FOR THE PURCHASE, INSTALLATION, OPERATION AND MAINTENANCE OF AN AERATION SYSTEM AT MARION LAKE THIS AGREEMENT is made and entered into between the State of Minnesota, acting by and through its Commissioner of Natural Resources, hereinafter referred to as "DNR ", and the City of Lakeville , herein referred to as the "CITY ". WHEREAS, the DNR is an agency of the State of Minnesota; and WHEREAS, the City of Lakeville is a political subdivision of the State of Minnesota; and WHEREAS, Minn. Stat. §471.59 authorizes local governmental units and state agencies to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, Minn. Stat. §97A.045, allows the DNR to ensure recreational opportunities for hunters and anglers; and WHEREAS, Marion Lake, located in Dakota County, provides habitat for fish, but is adversely affected during some winter seasons by oxygen depletion; and WHEREAS, it has been determined by the DNR Section of Fisheries that the installation, operation and maintenance of a surface aspirating system will benefit the Marion Lake environment and the fish therein; and WHEREAS, the CITY has passed a resolution to receive and operate an aeration system at Marion Lake. NOW, THEREFORE, in consideration of the mutual promises and benefits that the DNR and the CITY hereby enter into this Agreement for the purposes stated herein. ARTICLE 1 PURPOSE The purpose of this Agreement is to define the responsibilities and obligations of the DNR and the CITY related to the purchase, installation, operation and maintenance of a surface aspirating aeration system at Marion Lake in Lakeville, Dakota County, Minnesota, ARTICLE 2 TERM This agreement shall be effective on the date of final signature of the parties. This Agreement shall expire 20 years from the date of final signature unless earlier terminated by law or in accordance with Article 7. ARTICLE 3 COOPERATION The DNR and the CITY agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provision of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. ARTICLE 4 CITY'S OBLIGATION The CITY shall: A. Assume costs relative to providing the appropriate electrical power to the aeration site. B. Provide for the electrical hook -up to the aeration system power panel. C. install the aeration system. D. Assume the utility charges required for the operation. E. Obtain a permit from the DNR to operate the aeration system prior to the beginning of the operation season. F. Provide to the DNR, a copy of the CITY resolution authorizing execution of this Agreement. G. Perform and /or pay for any of the work required to properly maintain and operate the aeration system during the life of the agreement. ARTICLE 5 DNR'S OBLIGATIONS A. Purchase the aspirating aeration system consisting of two aerators and necessary appurtenance, in an amount not to exceed $9,000. B. Deliver the system to City of Lakeville. ARTICLE 6 PROPERTY OWNERSHIP Upon termination of this Agreement, the aeration system purchased and installed under the terms of this Agreement shall be the sole property of the DNR. ARTICLE 7 TERMINATION Either party may terminate this Agreement at any time, with or without cause, by providing 30 days written notice of termination to the other party. Notice of termination shall be made by certified mail or personal delivery to the non - terminating party's authorized representative. If this Agreement is being terminated for cause, the notice of termination shall specify the circumstances warranting termination of this Agreement and the terminating party must provide the other party an opportunity to cure the specified default, which shall be specifically described in the notice of termination. ARTICLE 8 GENERAL PROVISIONS A. Audits, Under Minn. Stat. § 16C.05, subd. 5, the CITY'S books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the DNR and /or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. B. Nothing in this Agreement shall be construed as obligating the DNR to expend money in excess of the appropriation authorized by law and administratively allocated to this Agreement. C. Assignment and Amendments. This Agreement shall not be assigned without prior written approval of the DNR and the CITY. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. D. Liability. Each party agrees that is shall be responsible for its own acts and omissions and results thereof to the extent authorized by law and shall not be responsible for the acts and omissions of the other party and the results thereof. DNR's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minn. Stat. § 3.736 and any other applicable laws. The CITY'S liability shall be governed by the provisions of the Municipal Torte Claims Act, Minn. Stat. Ch. 466 and any other applicable laws. E. Authorized Representatives. The following named persons are designated the authorized representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that, as to the CITY, the authorized representative shall have only the authority specifically or generally granted by CITY. Notification required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in modification of this Agreement. To the DNR To the (cooperator) Gerald J Johnson or successor, Brett Altergott or successor, Director Fast Metro Fisheries Supervisor Lakeville Parks and Recreation Department Division of Fish and Wildlife, Section of Fisheries 20195 Holyoke Ave. 1200 Warner Road, St. Paul, Minnesota 55106 Lakeville, Minnesota. 55044 Phone: (651) 259 -5770 Government Data Practices. The CITY and DNR must comply with the Minnesota Government Data Practices Act, Minnesota Statute Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the CITY under this agreement. The civil remedies of Minnesota Statute § 13.08 apply to the release of the data referred to in this clause by either the CITY or the DNR. If the CITY receives a request to release the data referred to in this Clause, the CITY must immediately notify the DNR. The DNR will give the CITY instructions concerning the release of the data to the requesting party before the data is released. A. Governing law, Jurisdiction, and Venue. Minnesota law, without regard to its choice -of -law provisions, governs this Agreement. Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in the State of Minnesota. B. Merger. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not contained in the Agreement. C. Severability. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. 1. CITY 2. STATE OF MINNESOTA The (cooperator) certifies that the appropriate person(s) have executed this Agreement on behalf of the (cooperator) as required by applicable articles, bylaws, resolutions, or ordinances. Brett Altergoti tt Direc r Lakeville Parks a?r R creation DEPARTMENT OF NATURAL RESOURCES State Contract Verification Signed Date Contract: By: Date By: Matt Little, Mayor City of Lakeville Date: By: Charlene Friedges, City Clerk City of Lakeville Date: Dirk Peterson, Chief Section of Fisheries 3. COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By: _ Date: Date: