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Home My WebLink AboutItem 06.hJuly 5, 2013 Item No JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA FOR COST SHARE RELATED TO CLEANUP OF FORMER LAKEVILLE SHOOTING RANGE Proposed Action Staff recommends adoption of the following motion: Approve TPA between County of Dakota and City of Lakeville for cost share related to clean up of former Lakeville Shooting Range Overview The City of Lakeville was the lead agency in cleaning up the former range located on Metropolitan Airports Commission Property. The 4 year project is complete and all interested parties have satisfied that the site has been cleaned and returned to pre -use conditions. Primary Issues to Consider • The City of Lakeville has completed the cleanup and paid for all costs. • Payment for the agreed 40 %, $57.970.62, will be paid to the City of Lakeville as a result of entering into this JPA with Dakota County. Supporting Information • Copy of Joint Powers Agreement • City and County Attorney have both reviewed this JPA Sgt. John Kornmann, Police Department Financial Impact: Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: Dakota County Contract # JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF LAKEVILLE FOR COST SHARE RELATED TO CLEANUP OF FORMER LAKEVILLE SHOOTING RANGE 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 ") is a governmental and political subdivision of the State of Minnesota, and WHEREAS, the Metropolitan Airports Commission owns real property located in Dakota County identified by PIN 130030001050 ( "Real Property') which the Lakeville Police Department and the Dakota County Sheriffs Office used as a shooting range ( "Shooting Range'); and WHEREAS, the Lakeville Police Department and the the Shooting Range; and WHEREAS, the City retained a consultant, Foth Inf Phase i (Environmental Site Assessment) and a Phase fl and WHEREAS, on behalf of the Lakeville Police Departmei enrolled the Shooting Range in the Minnesota Pollution Gontr ( "VIC Program'). The Consultant submitted a cleanup plan to approved on August 24, 2011; and WHEREAS, the City retained MT2, Shooting Range, retained a well contract costs for the testing of soil and watersan WHEREAS, on February 7, Determination regardinq the Shoc WHEREAS the City is seek Consultant fees, and VIC Program Sheriffs Department terminated their use of LLC, ( "Consultant ") who performed a nt Options) of the Shooting Range, the Dakota County. Sheriffs Office, the Consultant ncy's Voluntary investigation and Cleanup Program innesota Pollution Control Agency, which was remove and dispose of lead impacted soil from the .r monitoring wells on the Real Property and incurred lab up "); and Agency (MPCA) issued a No Further Action County for costs the City incurred related to the Cleanup, NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and the City shall derive from this Agreement the County 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 cost sharing obligations of the County and the City for the Cleanup costs, Consultant fees, and VIC Program enrollment fees related to the removal and disposal of lead impacted soil at the Shooting Range and installation of groundwater monitoring wells on the Real Property. ARTICLE 2 PARTIES The parties to this Agreement are Dakota County, Minnesota, (County) and the City of Lakeville, Minnesota (City). ARTICLE 3 TERM This Agreement shall be effective 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 earlier terminated by law or according to the provisions of this Agreement. ARTICLE 4 COOPERATION The County and the City 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 dispute in an equitable and timely manner. ARTICLE 5 RESPONSIBILITIES OF PARTIES 5.1 The County shall reimburse to the City 40% of the total amount paid by the City for Cleanup costs, Consultant fees, and VIC Program enrollment fees related to the removal and disposal of lead impacted soil at the Shooting Range and installation of groundwater monitoring wells on the Real Property, but not to exceed the amount of $57.970.62 The County shall make payment to the City Within thirty -five (35) days of the effective date of this Agreement. 5.2 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 6 INDEMNIFICATION Each party to this Agreement shall be 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. This section shall survive the expiration or termination of this Agreement. TIVES AND LIAISONS 7.1 AUTHORIZED REPRESENTATIVES. The following named persons are designated the Authorized Representatives of the parties for purposes of this Agreement. These persons have au'thori'ty to bind the party they represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted.by their respective governing boards. 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: Kathleen A. Gaylord or successor, Chair Dakota County Administration Center 1590 Hwy. 55 Hastings, MN 55033 TO THE CITY: Matt Little or successor, Mayor City of Lakeville 20195 Holyoke Ave. 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. 2 7.2 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 County and the City 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: City Liaison: Sheriff Dave Bellows Telephone: (651) 438 -4701 John Kornmann Telephone: (952) 985 -4843 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 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 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. This Agreement shall be gc of Minnesota, without givinc venued in the County of Da Agreement. MINNESOTA LP >y and construed in accor ). the principles of conflict ite of Minnesota. This se RTICLE 11 MERGER This Agreement is the final terms agreed upon andsN with the substantive and procedural laws of the State >. All proceedings related to this Agreement shall be gall survive the expiration or termination of this e agreement of the parties and the complete and exclusive statement of the 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. APPROVED AS TO FORM: City Attorney Date APPROVED AS TO FORM: Assistant Dakota County Attorney Date County Board Res. No. 13 -� KS -11 -209 CITY OF LAKEVILLE By Matt Little, Mayor Date of Signature: _ By Date of Signature: _ COUNTY OF DAKOTA City Clerk 4