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HomeMy WebLinkAbout4C - PL/SL Watershed District STAFF AGENDA REPORT DATE: 4c C\"X FRANK BOYLES, CITY MANAGER "- PRIOR LAKE-SPRING LAKE WATER ED DISTRICT AGREEMENTTOPRO~DESE ES OCTOBER 2, 1995 CONSENT AGENDA: PREPARED BY: SUBJECT: BACKGROUND: Attached is a letter from David Moran, President of the Board of Managers for the Prior Lake-Spring Lake Watershed District requesting that the City Council consider a revision to the Agreement to Provide Services between the District and the City of Prior Lake. This agenda item requests Council consideration of this reVISIon. DISCUSSION: On December 1, 1986 the City of Prior Lake entered into an agreement with the Prior Lake-Spring Lake Watershed District to provide services to assist the District in accomplishing its responsibilities. We have received a letter dated August 29, 1995 from Dave Moran which requests that the City consider renewing this agreement. The only changes to the agreement correct the references to various Minnesota Statutes to correspond with the proper provisions of the Minnesota Statutes. There are no substantiative changes aside from these. City Attorney Kessel has reviewed the agreement and has determined that execution of the new agreement does not increase the City's responsibility in any way, shape or form. ISSUES: The proposed agreement is identical to that which was executed by the City Council in December, 1986. The agreement does not in any way, shape or form increase the City's responsibility for providing maintenance services to the District. Instead it simply indicates that if city personnel are available for this purpose the City will consider assisting the District on a cost reimbursement basis. Given the current work load of the street, sewer 16200 ~Rt~tem<9\ve. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER and water and park maintenance divisions, availability of personnel is becoming less common. Language to this effect could be either incorporated in the agreement or in the cover letter which will accompany the new agreement once executed if the Council desires. ALTERNATIVES: The Council has the following alternatives: 1. Approve the revised agreement so that it accurately reflects the current Minnesota Statutes numbers which pertain to the Watershed District. 2. Take no action leaving the existing agreement to provide services in force. RECOMMENDATION: Approve the new agreement with accurate references to Minnesota Statutes. MOTION REQUIRED: Motion and second as part of the consent agenda to approve the revised agreement to provide services as a housekeeping matter. AGI0295A.DOC PRIOR LAKE - SPRING LAKE WATERSHED DISTRIC:J''i- Barbara Kane Johnson ~ Administrator .; (612) 447-4166 ,- IJ~:'l Fax 447-4167 ~ .. ,~-' ., August 29, 1995 City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, Minnesota 55372 Attention: Mr. Frank Boyles Re: Agreement to Provide Services Dear Frank: In order that our Agreement referenced above remains current with Minnesota Statutes, we have revised the maintenance agreement that was entered into between the City and the District in 1986. Attached is a copy of the "out of date" Agreement along with a revised copies for the proper signatures. One copy is for your records and one is for the District. Very truly yours, ~~ David E. Moran President - Board of Managers DEM:bj Enclosures 16670 FRANKLIN TRAIL S.E. · SUITE 110 · PRIOR LAKE. MN 55372 , . , -\ AGREEMENT TO PROVIDE SERVICES Thi s agreemen tis made on December 1 , 1986, be tween the Prior Lake-Spring Lake Watershed District, a political sub- division of the State of Minnesota (District), and the City of Prior Lake, a municipal corporation (City). t 0')_ D RECITALS 1. The !?:t:ict is empowered under the Minnesota Watershed Act (ChaPter~of Minnesota Statutes) to, among other things, repair, clean, and maintain public ditches, drains, or water- courses within its geographic boundaries, and to construct and maintain projects to accomplish the purposes for which the District was organized. 2. From time to time the District is required to make cer- tain emergency repairs, clear obstructions from watercourses, and perform other work of limited scope for which it is impossible or impractical to obtain a private contractor. The District does not have staff who can perform such tasks. 3. The City has personnel and equipment available who can perform certain of these tasks, and has agreed to provide certain services in return for payment on an hourly basis. 4. The District is empowered by M.S.A. ~~~(? and 471.59 to enter into this contract with the City. AGREEMENT 10'3]) · "33S Based on the upon the above recitals, and under the authority of Minnesota Statutes Chapter ~d Section 471.59, the District and City agree as follows:~ 1l>3D 1. Services. At the request and under supervision of the District, subject to availability of personnel and equipment, the City will clear obstructions from watercourses, clean out culverts, perform emergency maintenance or repair of the Prior Lake outlet channel, or provide other such services as the District requests. 2. Area of Service. The City agrees to provide such ser- vices within the area of the District's geographic boundaries, even though a portion of the District lies outside the Prior Lake city limits. 3. Compensation. The District agrees to pay for such ser- vices at an hourly rate that reasonably approximates the City's cost of providing the services. Payment shall be made within 30 days of billing by the City. 4. Term. This agreement shall continue until rescinded or ter~inated by the parties. 5. Persons Author! zed. For p urpos es 0 f t1i s agreemen t, requests for services may be made by the staff coordinator OP President of the Board of Managers of the District, and shall be made by telephone, in person, or in writing to the City Manager of the City or, if he is unavailable, to the City Engineer's office. 6. Waiver of Liability; Indemnification. (a) The City (including its officers, employees, agents and representatives) shall not be liable to the District, or those claiming by, to, or under the District, for any injury, death or property damage occurring in, on or about the District's geographic boundaries, .J eve nth 0 ugh a po r t ion 0 f the D i s t r i c t 1 i e s ~i ~ the C i t Y o-v.-~ i Q ~ limits, arising under this Agreement or resulting from the ser- vices rendered to District by City, including any of City person- nel, equipment, agents, officers, and employees, under the term of this Agreement. (b) The District shall indemnify and save the City (including its officers, employees, agents and representatives) harmless from and against all liabilities, claims, demands, actions, damages, fines, penalties, costs, charges, judgments and expenses, including reasonable attorneys' fees, which may be imposed upon or incurred or paid by or asserted against the City (including its officers, employees, agents and representatives), arising out of the services performed by the City (including its officers, employees, agents and representatives), pursuant to the terms of this Agreement, and shall defend the City (including its officers, employees, agents and representatives) from and against any such liabilities, obligations, damages, fines, claims, demands, and/or judgments arising out of this Agreement or resulting from any act, omission or negligence of the City (including its officers, employees, agents and representatives) arising out of or resulting from its obligations under this Agreement, by counsel reasonably satisfactory to the City. 7. Arbitration. Any controversy or claim arising out of or relating to this Agreement, or breach of it, shall be settled by arbitration. One arbitrator shall be named by the District, one by the City, and a third by the two arbitrators chosen. If the third arbitrator is not agreed on, he or she will be named by the American Arbitration Association. The parties will name the arbitrators within 30 days after one or the other has given notice. The award made by all or a majority of the panel of arbitrators will be final and binding, and judgment may be entered on it in any court having jurisdiction. PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT BY~~~ IT Vier P~,~. CITY OF PRIOR LAKE C::;~ d~L.-'t..- r AGREEMENT TO PROVIDE SERVICES This agreement is made on ,199 , between the Prior Lake-Spring Lake Watershed District, a political subdivison of the State of Minnesota "District" and the City of Prior Lake, a municipal corporation "City". RECIT ALS 1. The District is empowered under the Minnesota Watershed Act (Chapter 103D of Minnesota Statutes) to, among other things, repair, clean and maintain public ditches, drains or watercourses within its geographic boundaries, and to construct and maintain projects to accomplish the purposes for which the District was organized. 2. From time to time the District is required to make certain emergency repairs, clear obstructions from watercourses, and perform other work of limited scope for which it is impossible or impractical to obtain a private contractor. The District does not have staff who can perform such tasks. 3. The City has personnel and equipment available who can perform certain of these tasks, and has agreed to provide certain services in return for payment on an hourly basis. 4. The District is empowered by M.S.A. l03D.335 and 471.59 to enter into this contract with the City. AGREEMENT Based on the above recitals, and under the authority of Minnesota Statutes Chapter 103D and Section 4471.59, the District and City Agree as follows: I. Services - At the request and under supervision of the District, subject to availability of personnel and equipment, the City will clear obstructions from watercourses, clean out culverts, perform emergency maintenance or repair of the Prior Lake outlet channel, or provide other such services as the District requests. 2. Area of Service - The City agrees to provide such service within the area of the district's geographic boundaries even though a portion of the District lies outside the Prior Lake city limits. 3. Compensation - The District agrees to pay for such services at an hourly rate that reasonably approximates the City's cost of providing the services. Payment shall be made within 30 days of billing by the City. 4. Term - This Agreement shall continue until rescinded or terminated by the parties. 5. Persons Authorized - For purposes of this agreement, requests for services may be made the Administrator or President of the Board of Managers of the District, and shall be made by telephone, in person, or in writing to the City Manager of the City, or if he/she is unavailable, to the City Engineer's office. 6. Waiver of Liability; Indemnification - (a) The City (including its officers, employees, agents and representatives) shall not be liable to the District, or those claiming by, to, or under the District, for any injury, death or property damage occurring in, on or about the District's geographic boundaries, even though a portion of the District lies within the City limits, arising under this Agreement or resulting from the services rendered to the District by City, including any of City personnel, equipment, agents, officers, and employees under the term of this Agreement. (b) The District shall indemnify and save the City (including its officers, employees, agents and representatives) harmless from and against all liabilities, claims, demands, actions, damages, fines, penalties, costs, charges, judgments and expenses, including reasonable attorneys' fees, which may be imposed upon or incurred or paid by or asserted against the City (including its officers, emplopyees, agents and representatives), pursuant to the terms of this Agreement, and shall defend the City (including its officers, employees, agents and representatives) from and against any such liabilities, obligations, damages, fines, claims demands, and/or judgments arising out of this Agreement or resulting from any act, omission or negligence of the City (including its officers, employees, agents and representatives) arising out of or resulting from its obligations under this Agreement, by counsel reasonably satisfactory to the City. 7. Arbitration - Any controversy or claim arising out of or relating to this Agreement, or breach of it, shall be settled by arbitration. One artibtrator shall be named by the District, one by the City, and a third by the two arbitrators chosen. If the third arbitrator is not agreed on, he or she will be named by the American Arbitration Association. The parties will name the arbitrators within thirty (30) days after one or the other has given notice. The award made by all or a majority of the panel of arbitrators will be final and binding, and judgment may be entered on it in any court having jurisdiction. PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT / -- .. / L '7 ,: tit':: ((J/7~ / ttv~-y- By ..., , _ Its }/:k~~LC'Y~ , CITY OF PRIOR LAKE By Its MA YOR and By Its CITY MANAGER -2-