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9.a) Joint Powers Agreement with MN Department of Natural Resources for Replacement of Goose Lake Aerator Meeting Date: 12/21/2010 Agenda Item: �� �< 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 � 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 � 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 ,. � , 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 surface. Available in sizes from 2 to 100 Hp (1.5 to 75 kw). Blower Assisted TORNADO�Aerator- adds a separate small blower to the Self Aspirating TORNADOC aerator to force even more air down the inlet and into the wastewater. This process produces high oxygen transfer and mixing, up to 10%better than self-aspirating models. Available in sizes from 2 to 100 Hp(1.5 t� 75kW). Rental Units Available. 10 AEROMIX, Inc. About AEROMIX :: Aeration Equipment :: Treatment Svstems :: F Aeration :: Locations :: News :: Cont AEROMIX Systems, Inc. 7135 Madison Avenue West Minneapolis, Minnesota 55427-3601 U.S.A. Email: AEROMIX�a),AEROMIX.com Phone: 763-746-8400, 800-879-3677 Fax: 763-746-8408 About AEROMIX Awards Locations TORNADO� Self-Aspirating Aerator HURRICANE� Submersible Aerator/Mixer TWISTER� Low Sneed Aerator TYPHOON�Hi�peed Aerator ZEPHYR�Induced Air Flotation Svstem CYCLONE� Coarse Bubble Diffusers RIPTIDETM Direct Drive Surface Mixers MONSOONO Paddlewheel Aerator PACKAGED TREATMENT PLANTS COMPACT WATER TREATMENT z