Loading...
HomeMy WebLinkAboutItem 06.lJune 27, 2013 Item No. JOINT POWERS AGREEMENTS BETWEEN DAKOTA COUNTY AND THE CITY OF LAKEVILLE FOR COST CONTRIBUTION RELATED TO CONSTRUCTION AND FOR JURISDICTIONAL CONTROL AND MAINTENANCE OF THE LAKE MARION TRAIL EXTENSION TO KENRICK AVENUE Proposed Action Staff recommends adoption of the following motion: Move to approve Joint Powers Agreement between Dakota County and the City of Lakeville for cost contribution related to construction and for jurisdictional control and maintenance of the Lake Marion Trail extension to Kenrick Avenue. Passage of this motion will result in executing Joint Powers Agreements with Dakota County. Overview The section of trail on the south side of 195th Street from Kenrick Avenue to Casperson Park to be constructed as part of the Kenrick Avenue Trail project is a trail segment that is a part of the Dakota County Draft Lake Marion Greenway Master Plan. As a result of this segment being part of the Master Plan, Dakota County will provide up to 20 %, but not to exceed $16,524.09, of the actual cost of construction for the project as noted in the attached Joint Powers Agreement (Attachment A). As noted in the Joint Powers Agreement relating to jurisdictional control and maintenance (Attachment B), Dakota County will reimburse the City $9,067.50 that the City incurred as a result of acquiring a permanent and temporary easement on the south side of 195th Street for the trail segment. The City will be responsible for the maintenance of this segment of trail up until the trail is designated a regional trail by the county. Primary Issues to Consider • Is this trail an important segment to our overall trail system? Yes, it is a significant segment to the connectivity of the Lake Marion Loop Trail system. Supporting Information • Joint Powers Agreement between Dakota County and the City of Lakeville for Cost Contribution related to the Construction of Lake Marion Trail Extension to Kenrick Avenue • Joint Powers Agreement between Dakota County and the City of Lakeville related to Jurisdictional Control and Maintenance of Lake Marion Trail Extension to Kenrick Avenue Brett Altergott Parks & Recreatio ' ector Financial Impact: Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: Attachment A JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF LAKEVILLE FOR COST CONTRIBUTION RELATED TO CONSTRUCTION OF LAKE MARION TRAIL EXTENSION TO KENRICK AVENUE WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, Dakota County (County) is a political subdivision of the State of Minnesota; and WHEREAS, the City of Lakeville (City) in a Minnesota municipal corporation (collectively herein the County and the City are referred to as the "Parties "); and WHEREAS, City and County have agreed to cooperatively undertake and pay for construction of a new 1600' segment of bituminous trail in the City extending the existing Lake Marion public trail out of Casperson Park along 195 Street to Kenrick Avenue that will provide public benefits and improve pedestrian and vehicular safety (the "Project "). NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and the City shall derive from this Agreement, the Parties 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 County and the City for cost contribution to be provided by the County related to the Project. ARTICLE 2 Term This Agreement shall be effective on the date of the signatures of the parties to this Agreement and shall remain in effect until December 31, 2013, or until completion by the Parties of their respective obligations under this Agreement, whichever occurs first, unless amended in writing or earlier terminated by law or according to the provisions of this Agreement. ARTICLE 3 Cooperation The Parties agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any disputes in an equitable and timely manner. ARTICLE 4 Payment 4.1. Cost Contribution Amount The City will be responsible for awarding a contract for the the Project in accordance with State laws relating to public improvement projects, and for management and inspection of the work of the Project. Attached hereto as Exhibit A is a true and correct copy of the cost estimate for the Project. The County shall provide funding to the City for up to twenty percent (20 %), but not to not exceed $16,524.00, of the actual cost for construction and engineering for the Project pursuant to the terms herein. 4.2. PaMent by County The County shall make payment to the City on a reimbursement basis. Payment by the County will be made to the City after the County receives an itemized invoice of the actual cost for construction and engineering for the Project. Payment by the County shall be made within 45 days after receipt of said invoice. If payment of any amount is disputed by County, payment of undisputed amounts will be made as set forth herein and City will be requested to provide additional documentation to support payment of any disputed amount. 4.3. Right to Refuse Payment The County may refuse to pay any claim that is not specifically authorized by this Agreement. Payment of a claim shall not preclude the County from questioning the propriety of the claim. The County reserves the right to offset any overpayment or disallowance of claim by reducing future payments. ARTICLE 5 City's Obligations 5.1. Authorized Purposes The funding provided by County to the City under this Agreement may only be used by the City for the actual cost for construction and engineering for the Project. 5.2. Acknowled eg ment The City shall appropriately acknowledge the funding assistance provided by the County pursuant to this Agreement in any promotional materials, signage, reports, publications, notices and presentations concerning the Project. 5.3. Compliance with Laws /Standard The City shall abide by all federal, state, or local laws, statutes, ordinances, rules and regulations which will apply toward the design and construction of the work anticipated by this Project. 5.4. Trail Ownership and Maintenance The City and the County will enter into a separate agreement related to ownership, operation and maintenance of the trail. 2 ARTICLE 6 Indemnification and Insurance Each party to this Agreement shall be solely liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern liability of the County and the City. In the event of any claims or actions filed against either party, nothing in this JPA shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual Parties. In order to insure a unified defense against any third party liability claim arising from the work of the Project, City agrees to require all contractors or subcontractors hired to do any of the work contemplated by this Agreement to maintain commercial general liability insurance in amounts consistent with minimum limits of coverage established under Minn. Stat. § 466.04 during the term of such activity. All such insurance policies shall name City and County as additional insureds. ARTICLE 7 Reporting, Accounting and Auditing Requirements 7.1. Accounting Records The City agrees to establish and maintain accurate and complete accounts, financial records and supporting documents relating to the receipt and expenditure of the funding provided in accordance with this Agreement. Such accounts and records shall be kept and maintained by the City for a minimum period of six years following the expiration of this Agreement. 7.2. Auditing The books, records, documents and accounting procedures and practices of the City that are relevant to this Agreement are subject to examination by the County and the State Auditor for a minimum of six years following the expiration of this Agreement. 7.3. Authorized Representatives. The following named persons are designated the Authorized Representatives of the parties for purposes of this Agreement. Notice 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 a modification of this Agreement: TO THE COUNTY: Director of Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 TO THE CITY: Matt Little or successor, Mayor City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 In addition, notification to the County regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, Minnesota 55033. 3 7.4. Liaisons To assist the parties in the day -to -day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the County and the City. The parties shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: County Liaison: Steve Sullivan Telephone: (952) 891 -7088 Email: steve.sullivan@co.dakota.mn.us City Liaison: Brett Altergott Telephone: (952) 985 -4601 Email: baltergott @lakevillemn.gov ARTICLE 8 Modifications Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties respective Boards, and signed by the Authorized Representatives of the County and the City. ARTICLE 9 Termination 9.1. In General Either party may terminate this Agreement for cause by giving seven days' written notice or without cause by giving 30 days' written notice, of its intent to terminate, to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the Authorized Representative of the other party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 9.2. Termination by County for Lack of Funding Notwithstanding any provision of this Agreement to the contrary, the County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding source, or if it's funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. Written notice of termination sent by the County to the City by facsimile is sufficient notice under this section. The County is not obligated to pay for any services that are provided after written notice of termination for lack of funding. 12 The County will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. ARTICLE 10 Minnesota Law to Govern This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in Dakota County, Minnesota. ARTICLE 11 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. ARTICLE 12 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. ARTICLE 13 Survivorship The following provisions under this Agreement survive after the termination date of this Agreement: Section 5.2 (Acknowledgement); Section 6 (Indemnification); Section 7 (Reporting, Accounting and Auditing); Section 10 (Minnesota Law to Govern); and Section 12 (Severability). G IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. APPROVED AS TO FORM: Assistant County Attorney /Date KS -2013- County Board Res. No. DAKOTA COUNTY By County Administrator Date of Signature: CITY OF LAKEVILLE By L Matt Little, Mayor Date of Signature: City Clerk Date of Signature: KS13 -163 JPA with Lakeville for Trail Construction ]EXHIBIT A Cost Estimate for Trail Construction of Lake Marion Trail Extension (along S side of 195th Street) to Kenrick Avenue Estimated Construction Cost Estimated Construction Adm & Management 10% Contingency TOTAL Dakota County Funding (20 %) C $ 72,181.50 $ 2,928.00 $ 7,510.95 $ 82,620.45 $ 16,524.09 Attachment B JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF LAKEVILLE RELATED TO JiJRISDICTIONAI. CONTROL AND MAINTENANCE OF LAKE MARION TRAIL EXTENSION TO KENRICK AVENUE WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, Dakota County (County) is a political subdivision of the State of Minnesota; and WHEREAS, the City of Lakeville (City) in a Minnesota municipal corporation (collectively herein the County and the City are referred to as the "Parties "); and WHEREAS, City and County have agreed to cooperatively undertake and pay for construction of a new 1600' segment of bituminous trail in the City extending the existing Lake Marion public trail out of Casperson Park along 195 Street to Kenrick Avenue that will provide public benefits and improve pedestrian and vehicular safety (the "Trail "). WHEREAS, City has acquired permanent and temporary easements for the construction of the Trail at the cost of $9,067.50. WHEREAS, County and City anticipate that the Trail will become incorporated into a regional trail system leading to points of interest outside of the City in the future. WHEREAS, when the Trail is incorporated into a regional trail system, the Parties desire that jurisdiction and control of the Trail shall be transferred to the County. NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and the City shall derive from this Agreement, the Parties hereby enter into this Agreement for the purposes stated herein. ARTICLE 1 Purpose The purpose of this Agreement is to transfer the Permanent Trail Easements obtained by the City for the Trail to the County and define the responsibilities and obligations of the County and the City for the operation and maintenance of the Trail. True and correct copies of the Permanent Trail Easement will be provided to the County at the time of execution of this agreement. ARTICLE 2 Term This Agreement shall be effective on the date of the signatures of the Parties to this Agreement and shall remain in effect until the Trail is designated by the County as a regional trail or otherwise terminate as provided herein. ARTICLE 3 Cooperation The Parties agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any disputes in an equitable and timely manner. ARTICLE 4 Transfer of Easements Upon completion of the construction of the Trail, the County shall pay to City the sum of $9,067.50 as consideration for the conveyance by City to County of the Permanent Trail Easements. The Permanent Trail Easements shall, at the time of transfer, have superiority over all persons or entities having a recorded interest in the underlying property, to the effect that the Permanent Trail Easements shall take priority to, and not be affected by, the foreclosure of any mortgage or lien against the underlying property. ARTICLE 5 Jurisdictional Control, Use, Operation and Maintenance of the Trail 5.1. Jurisdiction of Trail Upon the conveyance of the Permanent Trail Easements to the County, City shall retain jurisdiction, use, operations and maintenance of the Trail until the Trail is designated a regional trail by the County. The County shall have no responsibility or liability related to the use, operations and maintenance of the Trail until the Trail is designated a regional trail by the County and the City shall indemnify and hold County harmless, subject to Article 6, for the use, operations and maintenance of the Trail until the Trail is designated a regional trail by the County. 5.2. Regional Trail Factors The County may consider the following factors to determine when the Trail will be eligible to be designated as a regional trail: 5.2.1. Connection of the Trail to other regional trails providing access to amenities outside of the City; and 5.2.2. 40% of visitors to the Trail are from outside of the County. 5.3. Maintenance The City shall maintain the Trail, at its sole cost, in accordance with its maintenance policies for other public use trails maintained by the City. 2 5.4. Compliance with Laws /Standard City shall abide by all federal, state, or local laws, statutes, ordinances, rules and regulations which apply to the use, operation and maintenance of the Trail. 5.5. Recreational Use The Trail shall provide a high- quality recreational experience to trail users. 5.6. Acknowledgement The City shall appropriately acknowledge the funding assistance provided by the County pursuant to this Agreement in any promotional materials, signage, reports, publications, notices and presentations concerning the Trail. ARTICLE 6 Indemnification and Insurance Each party to this Agreement shall be solely liable for the acts and/or omissions of its officers, employees or agents and the results thereof to the extent authorized by law and shall_ not be responsible for the acts and /or omissions of the other party, its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern liability of the County and the City. In the event of any claims or actions filed against either party, nothing in this JPA shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual Parties. hi order to insure a unified defense against any third party liability claim arising from the Trail, City agrees to require all contractors or subcontractors hired to do any of the work contemplated by this Agreement to maintain commercial general liability insurance in amounts consistent with minimum limits of coverage established under Minn. Stat. § 466.04 during the term of such activity. All such insurance policies shall name City and County as additional insureds. ARTICLE 7 Reporting, Accounting and Auditing Requirements 7.1. Accounting Records The City agrees to establish and maintain accurate and complete accounts, financial records and supporting documents relating to the receipt and expenditure of the funding provided in accordance with this Agreement. Such accounts and records shall be kept and maintained by the City for a minimum period of six years following the expiration of this Agreement. 7.2. Auditing The books, records, documents and accounting procedures and practices of the City that are relevant to this Agreement are subject to examination by the County and the State Auditor for a minimum of six years following the expiration of this Agreement. 7.3. Authorized Representatives The following named persons are designated the Authorized Representatives of the parties for purposes of this Agreement. Notice 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 a modification of this Agreement: TO THE COUNTY: Director of Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 TO THE CITY: Matt Little or successor, Mayor City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 In addition, notification to the County regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, Minnesota 55033. 7.4. Liaisons To assist the parties in the day -to -day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the County and the City. The parties shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: County Liaison: Steve Sullivan Telephone: (952) 891 -7088 Email: steve.sullivan @co.dakota.mn.us City Liaison: Brett Altergott Telephone: (952) 985 -4601 Email: baltergott @lakevillemn.gov ARTICLE 8 Modifications Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties' respective governing body, and signed by the Authorized Representatives of the County and the City. ARTICLE 9 Termination 9.1. In General Either party may terminate this Agreement for cause by giving seven days' written notice of its intent to terminate, to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the Authorized Representative of the other party. Termination of this Agreement shall not 0 discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 9.2. Termination by County for Lack of Funding Notwithstanding any provision of this Agreement to the contrary, the County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding source, or if it's funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. Written notice of termination sent by the County to the City by facsimile is sufficient notice under this section. The County is not obligated to pay for any services that are provided after written notice of termination for lack of funding. The County will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. ARTICLE 10 Minnesota Law to Govern This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in Dakota County, Minnesota. ARTICLE 11 Meaner 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. ARTICLE 12 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. ARTICLE 13 Survivorship The following provisions under this Agreement survive after the termination date of this Agreement: Section 6 (Indemnification); Section 7 (Reporting, Accounting and Auditing); Section 10 (Minnesota Law to Govern); and Section 12 (Severability). IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. APPROVED AS TO FORM: DAKOTA COUNTY Assistant County Attorney /Date KS- 2013 -163 County Board Res. No. By County Administrator Date of Signature: CITY OF LAKEVILLE Matt Little, Mayor Date of Signature: L City Clerk Date of Signature: KS 13 -163 JPA with Lakeville for Trail Ownership and Maintenance T