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HomeMy WebLinkAboutItem 06.cMarch 7, 2011 Proposed Action Staff recommends approval of the attached Joint Powers Agreement with Independent School District 192, Independent School District 194, and Independent School District 196 pertaining to the Safe Routes to School program, City Improvement Project 08 -09. Overview The City was awarded a $175,000 grant for infrastructure improvements through the Safe Routes to School program. The program was created through a federal transportation bill designed to improve the condition and quality of bicycling and walking to school. Infrastructure improvements, consisting of trails and sidewalks, crosswalks, and pedestrian warning signals, will be made in both public right-of-way and on school properties. Agreements must be reached with each of the three school districts (ISD 192, ISD 194 and ISD 196) to complete the work proposed on school properties. The attached Joint Powers Agreement prepared by the City Attorney grants to the City temporary construction easements over school property for construction of the infrastructure improvements. Primary Issues to Consider None. Supporting Information S.fe. Route to School Joint Powers Agreement APPROVE JOINT POWERS AGREEMENT BETWEEN THE CITY OF LAKEVILLE AND INDEPENDENT SCHOOL DISTRICTS NO, 192, 194, AND 196 Safe Routes to School City Improvement Project 08 -09 eith H. Nelson, City Engineer Item No. Financial Impact: $ -0- Budgeted: Source: MnDOT Grant Related Documents (CIP, ERP, etc.): Notes: SAFE ROUTES TO SCHOOL JOINT POWERS AGREEMENT The parties to this Agreement are the City of Lakeville (hereinafter "City "), Independent School District 192 (hereinafter "District 192 "), Independent School District 194 (hereinafter "District 194 "), and Independent School District 196 (hereinafter "District 196 "). Collectively District 192, District 194 and District 196 shall hereinafter be referred to as "the Districts." This Agreement shall become effective upon the approval and execution hereof by duly authorized officers of all of the parties. NOW, THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their powers, agree as follows: 1. Background. The City of Lakeville has received a $50,000 planning grant and a $150,000 Grant for a Safe Routes to School Project (hereinafter "the Grant "). The Project is described in the State of Minnesota Department of Transportation and City of Lakeville Project Memorandum for SP 591 -02, SP 591 -03, Minn. Proj. No, SRTS 1910(164), and Minn. Proj. No. SRTS 1910(165) (hereinafter "Project Memorandum "). This is a federally funded program administered by the Minnesota Department of Transportation. This Agreement is made pursuant to the authority conferred upon the parties by Minn. Stat, § 471.59. The City is solely responsible for all contracting and disbursement of funds under this Joint Powers Agreement, Contracts let and purchases made shall conform to the requirements applicable to contracts and purchases made by the City. The City is responsible for accountability of all funds and reporting of all receipts and disbursements. 2. Project Construction. The City agrees to construct the Project in accordance with the Project Memorandum. The parties agree to comply with all terms and conditions of the Grant and Project Memorandum. In the event of any conflict between the Grant or Project Memorandum and this Agreement, the terms of the Grant and Project Memorandum shall control.. 3. Temporary Easements. The Districts hereby each grant the City temporary construction easements over their land to construct the Project in accordance with the Project Memorandum, to have and to hold the same, unto the City, its contractors, agents, servants and assigns, commencing upon execution of this document and expiring when the Project has been completed. The City and its contractors will restore the property to the condition that existed prior to construction, except for Project improvements. 4. Ownership and Maintenance. Following completion of construction, each party shall maintain and own that portion of the Project located on their property. 5. Termination for Insufficient Funding. The City may immediately terminate this Joint Powers Agreement if it does not obtain sufficient Safe Routes to School funding from the State or Federal government. 6. Liability. Each party to this Agreement shall be liable for its own acts or omissions and those of its own employees and the results thereof to the extent authorized by law, and shall not be responsible for the acts of the other party, its agents or employees. It is understood and agreed that liability and damages arising from the parties' acts and omissions are governed by the provisions of the municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws. This Agreement shall not be construed as and does not constitute a waiver by any party of any conditions, exclusions or limitations on the party's liability provided by Minnesota Statutes, Chapter 466 or other applicable law. This clause will not be construed to bar any legal remedies that each party may have for another's failure to fulfill its obligations under this Agreement. To the full extent permitted by law, this Agreement is intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, subd. Ia(a); provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. In addition to the foregoing, nothing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to either party, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. 7. State Audits, Under Minn. Stat. § 16C.05, subd. 5, each party's books, records, documents and accounting procedures and practices relevant to this Agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 8. Government Data Practices. The parties must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by each party under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained or disseminated by any party under this Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by any party. If any party receives a request to release data referred to in this clause that was received by the party receiving the request from another party, the party receiving the request to release the data must immediately notify the party from whom the data originated. The originating party will give the party receiving the request to release the data instructions concerning the release of the data to the requesting party before the data is released. 9. Venue. Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate court of competent jurisdiction in Dakota County, Minnesota. 10. Term. The term of this Agreement shall be effective only when all of the parties have signed this Agreement. The Districts' obligation to participate in the educational activity terms identified in question 32 of the Safe Routes to School Grant application shall terminate on January 1, 2021. This Agreement shall continue in effect until terminated in accordance with its terms. 11. Amendments. This Agreement may be amended only in writing and upon the consent of each of the parties' governing body. 155068v1. RNK: 11/29/10 2 belt - w . 155068v1 R1\ K: 11 /29/10 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated CITY OF LAKEVILLE BY: AND Mark Bellows. Mayor Charlene Friedges, City Clerk INDEPENDENT SCHOOL DISTRICT 192 BY: e C Its Board C .erk INDEPENDENT SCHOOL DISTRICT 194 BY: Its INDEPENDENT SCHOOL DISTRICT 196 BY: 3 Its below, 155068v1 RNK: t 1/29/J0 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated CITY OF LAKEVILLE BY: AND Mark Bellows, Mayor Charlene Friedges, City Clerk INDEPENDENT SCHOOL DISTRICT 192 BY: I ts INDEPENDENT SCHOOL DISTRICT 194 BY:', �r '_• ' f am% / /- 5 /I Its d_t INDEPENDENT SCHOOL DISTRICT 196 BY: 3 Its below. 155068v1 RNK: 11/29/1.0 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated CITY OF LAKEVILLE BY: Mark Bellows, Mayor AND Charlene Friedges, City Clerk INDEPENDENT SCHOOL DISTRICT 192 BY: INDEPENDENT SCHOOL DISTRICT 194 BY: INDEPENDENT SCHOOL DISTRICT 196 BY: T .7 r r--- Board Chairperson i 0 J 3 Its Its