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Home My WebLink About06(E) - Approve 2021-2031 Cooperative Utility Agreement with the City of Savage Report 1 COOPERATIVE AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND THE CITY OF SAVAGE REGARDING UTILITIES SHARING THIS COOPERATIVE AGREEMENT (“Agreement”) is entered into this _____ day of _______________, 2021 between the CITY OF PRIOR LAKE, a Minnesota municipal corporation (hereinafter referred to as "Prior Lake") and the CITY OF SAVAGE, a Minnesota municipal corporation (hereinafter referred to as "Savage"), with the parties collectively hereinafter referred to as the "Cities". WHEREAS, the Cities share interconnecting utilities and utilities that cross corporate boundaries at various locations; and WHEREAS, the Cities desire to establish an agreement relating to the interconnection and sharing of utilities; and WHEREAS, Minn. Stat. § 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting parties or any similar power. NOW, THEREFORE, in consideration of their mutual covenants the parties agree as follows: 1. SANITARY SEWER CONNECTIONS A. Cates Lake Developments. Several residential developments near Cates Lake within the corporate limits of Savage are connected to and served by the Prior Lake sanitary sewer system (“Cates Lake Properties”). The Cates Lake Properties are identified in Exhibit A. County Road 44/Country Lane. Four (4) properties on County Road 44 within the corporate limits of Savage are connected to and served by the Prior Lake sanitary sewer system (“Country Lane Properties”). The Country Lane Properties are identified in Exhibit B. B. Ownership, Repair and Maintenance. Each City shall own, repair, and maintain the portion of the sanitary sewer system within its corporate boundaries and shall be responsible for all costs related thereto. Savage shall be responsible to respond to service requests made by the Cates Lake and Country Lane Properties. Each party shall inform the other party if it becomes aware that repair or maintenance of the sanitary sewer system may be necessary and shall keep the other party apprised of any repair or maintenance work affecting the sanitary sewer system located in the other City. 2 C. Failure to Repair or Maintain. If either City fails to repair or maintain the portion of the sanitary sewer system located within its corporate limits and that failure affects the sanitary sewer system in the other City, the affected City may, upon 24 hour notice, or in case of an emergency as much notice as is feasible, complete the necessary repairs or maintenance and invoice the City in which the repair or maintenance occurred for all related costs. D. Service. Prior Lake shall provide sanitary sewer service to the Cates Lake and Country Lane Properties in the same manner as it provides sanitary sewer service to properties within the corporate limits of Prior Lake that are connected to its sanitary sewer system. E. Interruption of Service. Any time there is an interruption of sanitary sewer service to Savage residents, Prior Lake shall notify, in the same manner it provides notice to its own residents, the affected residents of Savage and the Savage City Engineer/Utilities Director. F. Invoicing and Payment. Meters are installed at each of the Cates Lake and Country Lane Properties to monitor the volume of water and Savage shall read the meters. Savage shall notify Prior Lake of the water usage monthly. Prior Lake shall invoice Savage for the sanitary sewer usage by the Cates Lake and Country Lane Properties at a rate comprised of two components, the Metropolitan Council Environmental Services Charge (MCES) and the City of Prior Lake Charge. The MCES component shall be the current rate as determined by the Metropolitan Council. The City of Prior Lake charge shall be the current rates as determined by the City’s Fee Schedule. This rate is set annually. Savage shall pay the invoices within 30 days of receipt. Prior Lake shall itemize the invoice by property to allow Savage to invoice each of the properties served. G. Failure to Maintain Meters. If it is suspected by either City that a meter monitoring the Cates Lake and Country Lane Properties is not accurately monitoring sanitary sewer usage, Prior Lake shall notify Savage and Savage shall attempt to enter the property and repair the meter. If the property owner refuses to allow immediate access or Savage fails to repair the meter, Prior Lake may, in its sole discretion, estimate approximate sanitary sewer usage based on previous or standard usage and invoice Savage for the estimated usage until the meter is repaired. Savage may invoice the property for the estimated usage. H. Savage Service. If, at any time, the sanitary sewer system of Savage is capable of serving the Cates Lake and/or Country Lane Properties, the Cities shall work cooperatively to transfer the system and the responsibilities of providing service from Prior Lake to Savage. 2. BULK WATER INTERCONNECT A. Interconnects. There are five locations where the water systems of Prior Lake and Savage connect (“Interconnects”). The Interconnects are identified in Exhibit C. The Interconnects allow each City to access water from the other City’s water system Prior Lake may require access to the water from the Savage water system when demand for water exceeds Prior Lake’s capacity. Savage may require access to water from the Prior Lake water system in cases 3 of emergency needs. Such water shall be requested, provided, and paid for as set forth below. B. Ownership, Repair and Maintenance. Each City shall own, repair, and maintain the portion of the waterworks system within its corporate boundaries and shall be responsible for all costs related thereto. Each party shall inform the other party if it becomes aware that repair or maintenance of the waterworks system may be necessary and shall keep the other party apprised of any repair or maintenance work affecting the waterworks system located in the other City. C. Operation. Each City shall operate and maintain its waterworks system in a manner consistent with all applicable laws, rules and regulations. Each City shall also ensure that the water delivered under this Agreement meets the EPA’s Primary drinking water standards. D. Access to Water. Each City (“Requesting City”) shall have the ability to withdraw from the other City’s (“Providing City”) waterworks system unless either (i) the Providing City’s City Engineer or Public Works Director determines that water cannot be provided due to the City’s available system supply and system deliverability; or (ii) the Providing City’s City Manager or City Administrator determines that the water cannot be provided due to force majeure. For purposes of this Agreement, force majeure shall mean occurrences beyond the control of the Providing City including without limitation, acts of Nature or a public enemy, acts of war, public disorders, labor disputes, fires, floods, explosions, accidents or any causes whether or not of the kinds specifically named above. E. Notice. In order to access the water as set forth above, the Requesting City shall provide a minimum of 24 hours’ notice to the Providing City of the need for access as well as the Interconnect valve it seeks to use. The Providing City, within said 24 hours, shall open the requested Interconnect valve in order to allow access to the water unless water cannot be provided as described above in which case the Providing City shall immediately notify the Requesting City that water will not be provided. The Requesting City shall inform the Providing City when water is no longer needed in order to permit closure of the valve at the Interconnect after each period of use. F. Payment for Water. Each City shall pay the other for the water used at a rate of $5.00 per 1,000 gallons in 2021. The rate shall increase 3% on an annual basis starting in 2022. Upon closing of the Interconnect after each period of use, or every 30 days, whichever first occurs, an invoice shall be provided by the Providing City and the invoice shall be paid within 30 days of receipt by the Requesting City. 3. ADDITIONAL PROJECTS. A. Additional Projects. The Cities anticipate that other such interconnections and sharing of services may occur in the future. The Cities intend that such additional matters shall be added to this Agreement and shall incorporate principals and procedures consistent with those set forth herein. Upon such additional matters, the Cities shall coordinate the amendment of this Agreement. 4 4. MISCELLANEOUS PROVISIONS. A. Term. This Agreement shall be for a term of ten (10) years. Either party may terminate this Agreement by 180 days written notice to the other party. B. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by either party under this Agreement which is requested to be kept confidential, shall not be made available to any individual or organization without the approval of the party requesting the data be kept confidential. The books, records, documents and accounting procedures and practices of the parties are subject to examination by the other party and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated is subject to the requirements of the Data Practice Act and both parties shall comply with those requirements. C. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. D. Indemnification. Prior Lake agrees to defend, indemnify, and hold harmless Savage against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement for which Prior Lake is responsible, including future operation and maintenance of facilities owned by Prior Lake and caused by or resulting from negligent acts or omissions of Prior Lake and/or those of Prior Lake employees or agents. Savage agrees to defend, indemnify, and hold harmless Prior Lake against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement for which Savage is responsible, including future operation and maintenance of facilities owned by Savage and caused by or resulting from negligent acts or omissions of Savage and/or those of Savage employees or agents. Under no circumstances, however, shall a party be required to pay on behalf of itself and the other party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for both parties may not be added together to determine the maximum amount of liability for either party. The intent of this paragraph is to impose on each party a limited duty to defend and indemnify each other subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the parties and to permit liability claims against both parties from a single occurrence to be defended by a single attorney. E. Damages. In the event of a breach of the Agreement, neither party shall be entitled to recover punitive, special or consequential damages or damages for loss of business. F. Notice. Any notice required to be given by either party pursuant to this Agreement shall be in writing and shall be deemed duly given: (i) on the date of personal delivery; (ii) on the date and time of confirmation if sent via facsimile (with verification of receipt); (iii) one business day following dispatch by Federal Express or equivalent; or (iv) three business days after mailing 5 certified or registered mail, postage prepaid, return receipt requested, to respective addresses of the parties set out below: City of Prior Lake City of Savage Attn: Public Works Director/City Engineer Attn: City Engineer 4646 Dakota Ave SE 6000 McColl Drive Prior Lake, MN 55372 Savage, MN 55378 Fax: 952-447-4245 Fax: 952-882-2656 Phone: 952-447-9800 Phone: 952-224-3419 G. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. H. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. I. Waiver. No action nor failure to act by either party shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. J. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. K. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first above written. [Remainder of Page Intentionally Left Blank. Signature Pages Follow.] 6 CITY OF PRIOR LAKE BY: Kirt Briggs, Mayor BY: Jason Wedel, City Manager CITY OF SAVAGE By:_________________________ Janet Williams, Mayor By:_________________________ Brad Larson, City Administrator StaffordTrailHuronStreet FishPointRoadHidden O a k s C ir cle WyomingAvenue150th Street GreenOaksTrailZinran Court1 5 1 s tS tr eet Terri CircleFla n dra uCircleFulbrightCircle Aq u il aAvenueFairlawnShoresTrail157th Street Country Drive E state A ve n u e P r i o r C i rcle Lost Horizon Circle Maves Trail StaffordCourtIndian Ridge Circle WildwoodCircleShannon T r a ilJourn e y L a n e Zinran Avenue153rdBay G loryCircleM ille rsC ircle Ensign AvenueEuclid Avenue152nd Street HillsboroAvenue153rd Street 159thStreet152n d Place Flag AvenueSu mmit Oa k sB ayLori RoadOmega TrailTimberTrail153rd PlaceMarlen CircleCates Lake DriveGla s cowTrail1 5 4 t h StreetPixie Point CircleOak Rid g eCircle13 SavagePrior LakeScott County GIS Exhibit A Cates LakeDevelopments COOPERATIVE AGREEMENTBETWEEN THE CITY OFPRIOR LAKE AND THE CITYOF SAVAGE REGARDINGUTILITIES SHARING 2021-2031 Prior Lake Main Prior Lake FM Savage M ain - P L C onnect Savage FM - PL Connect Savage M ain Savage FM 0 400 800 1,200FeetThis product is for informational purposes and is not suitable for legal,engineering, or surveying purposes. This product has been produced by theCity of Prior Lake for the sole purpose of geographic reference. No warranty ismade by the City of Prior Lake regarding specific accuracy or completeness. Document Path: X:\Public_Works\San_Sewer_Maint\Savage_JPA\SanSewer_Cates_SavageService2020.m xd Shakopee Savage Prior Lake Spring Lake Credit River CrossandraStreetFish Point RoadCountryLane160th Street VictoriaCurveCrossandra CircleCa rd i n a l Ri d g e Tra i l Par kview DriveSimmsC ourt White Drive S u e A n n Lane Country Drive 44 SavagePrior LakeSavageCredit River Prior LakeCredit RiverScott County GIS Exhibit B County Highway 44/County Lane COOPERATIVE AGREEMENTBETWEEN THE CITY OFPRIOR LAKE AND THE CITYOF SAVAGE REGARDINGUTILITIES SHARING 2021-2031 0 200 400 600 800FeetThis product is for informational purposes and is not suitable for legal,engineering, or surveying purposes. This product has been produced by theCity of Prior Lake for the sole purpose of geographic reference. No warranty ismade by the City of Prior Lake regarding specific accuracy or completeness. Document Path: X:\Public_Works\San_Sewer_Maint\Savage_JPA\SanSewer_CR44_SavageService2020.mxd Prior Lake Main Prior Lake FM Savage M ain - P L C onnect Savage FM - PL Connect Savage M ain Savage FM Shakopee Savage Prior Lake Spring Lake Credit River Wi ldflowerWayGlendaleA v e n u e Boudin Street Connelly Parkway Hampton Street Rutgers StreetC a r r i a g e H i l l R o a d H e a t h e r t o n R idgeD rive AspenAvenueConroyStreet BooneAvenueVirginiaAvenueSumterAve nue Forest CircleA q u il a Av e n u e Timothy Avenue150thStre e tFairlawn Shores Trail C e darw o od Trail GreenOaksTrailApex Way CedarwoodCircleZinran CourtQuebecAvenueShadyBeac h Trai l Moonlight Way149thCircle C ove Avenue StormsCircleWoodridgeCourt1 5 1 st Street Flandrau Circle 141st Street ShadyBeachDriveF ulb rig ht C ircle Crownline Drive South Park Drive Forest CourtCandlewoodLane O rc h a r d C ircle WoodhillCour t 138thS t r e et GreenwayAvenueW oodhill Circle A m bl e wo od D r i v e BluedornCircleAquilaAvenueRidgew o o d Lane P r i o r C i r c le WoodridgeWayLupine TrailFlagAvenueWoo d h ill Dri ve F r o s t P o i n t C i r c l e OaklandBe a c h Av e n u e StaffordCourtS tafford Trail Fish Poi nt R oa d Aquila Court Maves Trail C a ttailCourtCedarwood CourtRustic RoadConnelly PlaceR oyaltonRoad KortschTr ai l MeadowAvenueEllenCircleIndian Ridge Circle 1 38th Court E state A v enueGrayl i ng Ci rcl eJarett Cour tCrestAv e n u e RidgePointCo u rt Jo u r n e y L a n e Lois AvenueUtahAvenueCe d a r w o o d StreetKensington AvenueZinran AvenueEnsignAvenueEuclid AvenueLostHoriz o n Circle WestVirginiaAvenue 152nd Street 1 4 5 t h S t ree t FlintRoadAqu ila Circle 1 5 2 n d Place 1 46 t h Te rra c e S h o r e T r a i l CommerceAvenueHillsboroCourt WatersedgeTrailSu mmit Oa ksB ayHarborVi ewCircleLori RoadP in nac l e C ircleKings CourtH arborPlaceRh o d e IslandAvenueUtah PlaceBayviewCircleMayfair Road Meridian WayHamiltonR oa d 147th Terrac e 1 3 9 t h Street Woodridge Pat hHidden Vi ewRoa d Marlen CircleBirchwood Avenue CatesLakeDriveNatalie RoadG l a s cowTrailHighway13Frontage R o adMapl eTr a ilFisherAvenue Oak Rid g eCircle42 18 13 13 SavagePrior LakeScott County GIS Exhibit C Inter-City WaterConnections COOPERATIVE AGREEMENTBETWEEN THE CITY OFPRIOR LAKE AND THE CITYOF SAVAGE REGARDINGUTILITIES SHARING 2021-2031 0 1,000 2,000 3,000Feet Shakopee Savage Prior Lake Spring Lake Credit RiverThis product is for informational purposes and is not suitable for legal,engineering, or surveying purposes. This product has been produced by theCity of Prior Lake for the sole purpose of geographic reference. No warranty ismade by the City of Prior Lake regarding specific accuracy or completeness. Document Path: X:\Public_Works\San_Sewer_Maint\Savage_JPA\Water_SavageConnections2020.m xd InterConnect Prior Lake Water Main Savage Water Main