9.a) Joint Powers Agreement with MN Department of Natural Resources for Replacement of Goose Lake Aerator Meeting Date: 12/21/2010
Agenda Item: ��
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City Council Agenda Report
City of Scandia
14727 209`h St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Consider approval of a Joint Powers Agreement(JPA) with the
Minnesota Department of Natural Resources (DNR) for the purchase,
installation and operation of a new aerator for Goose Lake.
Deadline/Timeline: Proposed agreement would terminate December 1, 2015.
Background: • In 1997, the former township received state funding to purchase an
aerator for Goose Lake. The town/city has continued to operate
the aerator during the winter seasons. Its purpose is to help
prevent fish kills due to oxygen depletion.
• The DNR has offered to replace the aerator with a newer, more
efficient model if the city will enter in to a new agreement. The
DNR would pay the full purchase price up to $6,000. The city
would pay for any electrical work needed for hookup, and ongoing
utility and maintenance costs.
• The city assumes the same responsibilities for the existing aerator.
Electricity cost less than $3001ast year. We do not have detailed
records of other costs, but they include applying for permits,
publishing and posting notices, installation and removal of the
aerator, storing it,maintaining it (minimal cost) and probably most
significantly, monitoring it daily during the time it's operating
(about 2 '/z months each year.) The new aerator should be less
expensive to run and to maintain.
Recommendation: N/A
Attachments/ • Proposed Joint Powers Agreement
Materials provided: . Draft Resolution 12-21-10-06 Approving the JPA
• 1997 Agreement
• Product description, Tornado� Sub-Surface Aerators/Mixers
Contact(s): Steve Thorp, Building Official/
Maintenance Supervisor
Prepared by: Anne Hurlburt, Administrator
(jpa dnr aerator goose lake)
Page 1 of 1
12/15/10
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CFMS Contract No.
5 Assignment,Amendments,Waiver,and Contract Complete
5.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this
,agreement without the prior consent of the State and a fully executed Assignment Agreement,executed and
approved by the same parties who executed and approved this agreement,or their successors in office.
5.2 Amendrrtents. Any amendment to this agreement must be in writing and will not be effective until it has been
executed and approved by the same parties who executed and approved the original agreement,or their successors
in office.
5.3 Waiver. If the State fails to enforce any provision of this agreement,that failure does not waive the provision or its
right to enforce it.
5.4 Contract Complete. This agreement contains all negotiations and agreements between the State and the
Governmental Unit. No other understanding regarding this agreement,whether written or oral,may be used to
bind either party.
6 Indemnification
In the performance of this contract by Contractor, or Contractor's agents or employees,the contractor must
indemnify, save, and hold harmless the State, its agents, and employees,from any claims or causes of action,
including attorney's fees incurred by the state,to the extent caused by Contractor's:
1) Intentional,willful,or negligent acts or omissions;or
2) Actions that give rise to strict liability; or
3) Breach of contract or warranty.
The indemnification obligations of this section do not apply in the event the claim or cause of action is the result of
the State's sole negligence. This clause will not be construed to bar any legal remedies the Contractor may have
for the State's failure to fulfill its obligation under this contract.
7 State Audits
Under Minnesota Statute § 16C.05, subdivision 5,the Governmental Unit'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 Governmental Unit and State must comply with the Minnesota Government Data Practices Act,Minnesota Statute
Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created,
collected,received, stored,used, maintained, or disseminated by the Governmental Unit under this agreement. The
civil remedies of Minnesota Statute § 13.08 apply to the release of the data refened to in this clause by either the
Governmental Unit or the State.
If the Governmental Unit receives a request to release the data referred to in this Clause,the Governmental Unit must
immediately notify the State. The State will give the Governmental Unit 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 state or federal court
with competent jurisdiction in Ramsey County,Minnesota.
10 Termination
10.1 Termination. The State or the Governmental Unit may terminate this agreement at any time,with or without
cause, upon 30 days' written notice to the other party.
10.2 Termination for Insufficient Funding. The State may immediately terminate this agreement if it does not obtain
funding from the Minnesota Legislature, or other funding source;ar if funding cannot be continued at a level sufficient
to allow for the payment of the services covered here. Termination must be by written or fax notice to the
Governmental Unit. The State is not obligated to pay for any services that are provided after notice and effective date
Joint Powers Agreement(Rev.08/10) 2
CITY OF SCANDIA
RESOLUTION NO. 12-21-10-06
APPROVING JOINT POWERS AGREEMENT WITH
THE STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES
FOR PURCHASE AND OPERATION OF THE GOOSE LAKE AERATOR
WHEREAS, in 1997 New Scandia Township entered into an agreement with the
Department of Natural Resources for purchase, installation and operation of an aerator on Goose
Lake; and
WHEREAS, the purpose of the aerator is to benefit the lake environment and to enhance
fish populations, which are adversely affected during some winter seasons by oxygen depletion;
and
WHEREAS, The Department of Natural Resources will purchase and make
arrangements for installation of a replacement aerator, pursuant to a proposed Joint Powers
Agreement with the City of Scandia for operation and maintenance of the aerator;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby
does approve the Joint Powers Agreement with the State of Minnesota Deparhnent of Natural
Resources concerning a surface aspirating aerator on Goose Lake, said agreement expiring on
December 1, 2015.
Adopted by the Scandia City Council this 21 St day of December, 2010.
Dennis D. Seefeldt, Mayor
ATTEST:
City Clerk/Administrator
✓,
Service to inspect the aeration system during operation to
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determine compliance with permit conditions, proper operation and
maintenance.
(b) Indemnify, protect and hold the DNR harmless from any and all
claims or liability for any damages, injury or death to any persons
or property resulting from the Town's negligence in the operation,
management or maintenance of the aeration system.
(�) Perform the work required to properly maintain and operate the
aeration system.
jI, The DNR shall:
Purchase and make arrangements for installation of the portable pump and baffle
type aeration system as stated in the State of Minnesota Portable Aeration System
Specifications.
III. Effective Date and Cancellation
This agreement shall be effective on the date eYecuted. Either party may
terminate this agreement at any time, with or without cause, by providing 30 days written
notice of termination to the other party•
IV. Special Provisions
(a) All work undertaken pursuant to this agreement shall be subject to
Minnesota Department of Finance rules and procedures, and the
laws of the State of Minnesota. The books, records, documents
and accounting procedures and practices of the Town relevant to
2
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COMMISSIONER OF ADMINISTRATION Town New Scandia
B B�' �
� y ?;�olores Pete� n, Clerk
Title: Date: Januarv � . 1997
Date:
Approved As To Form And Execution
Hubert H. Humphrey III
Attorney General
By:
Date:
4
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