HomeMy WebLinkAbout6.g. Joint Powers Agreement between DCTC & City of Rosemount for Extension of Water Service, City Project #345CITY OF ROSEMOUNT
` EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: August 7, 2003
AGENDA ITEM: Joint Powers Agreement between DCTC & City of
Rosemount for Extension of Water Service, CP # 345
AGENDA SECTION:
Consent
PREPARED BY: Andrew J. Brotzler, P.E., City Engineer
AGENDM
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ATTACHMENTS: Joint Powers Agreement
APPROVED BY:
Please find attached for your consideration a Joint Powers Agreement (JPA) between Dakota County Technical
College (DCTC) and the City of Rosemount. This JPA addresses the extension of a new water service to DCTC
by the City of Rosemount as part of the Eastside Watermain Phase 2 Project, City Project #345, and payment of
$98,670 by DCTC for the new water service. This JPA has been reviewed by the City Attorney and he
recommends the deletion of Sections IX, XII and XIII.
Staff recommends Council approval of this JPA contingent upon deletion of Sections IX, XII and XIIL
RECOMMENDED ACTION: MOTION TO ENTER INTO A JOINT POWERS AGREEMENT
BETWEEN THE DAKOTA COUNTY TECHNICAL COLLEGE AND THE CITY OF ROSEMOUNT FOR
THE EXTENSION OF WATER SERVICES, CITY PROJECT #345 AND AUTHORIZE THE
NECESSARY SIGNATAURES CONTINGENT UPON DELETION OF SECTIONS IX, XII AND XIII OF
THE AGREEMENT.
COUNCIL ACTION:
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STATE OF MINNESOTA
MINNESOTA STATE COLLEGES AND UNIVERSITIES
JOINT POWERS AGREEMENT
THIS JOINT POWERS AGREEMENT, and amendments and supplements thereto, (hereinafter "contract ") is
between the State of Minnesota, acting through its Board of Trustees of the Minnesota State Colleges and
Universities, on behalf of Dakota County Technical College (hereinafter "STATE "), which is empowered to
enter into j oint powers agreements pursuant to Minnesota Statutes, Chapter 471.59, Subd.10, and The City of
Rosemount, address 2875 145 Street East Rosemount MN 55068 (hereinafter "CITY "), which is
empowered to enter into joint powers agreements pursuant to Minnesota Statutes, Chapter 471.59, Subd.10;
WHEREAS, CITY represents that it is duly qualified and willing to perform the services set forth herein.
NOW, THEREFORE, it is agreed:
I. A. CITY'S DUTIES (Attach additional page(s) if necessary which is incorporated by reference and made
a part of this agreement.) The CITY shall:
The City of Rosemount will construct 160 lineal feet of 12 inch ductible pipe from the north side of CSAH
42 from the proposed trail line in the north ditch of the roadway to the north property line of the Dakota
County Technical College. The construction will include a gate valve, hydrant and tee for connection by the
College. The new water main will be tested and ready for public use at the time of connection by the Dakota
County Technical College. The improvements included in this Joint Powers Agreement are shown on
Exhibit A (attached).
B. STATE'S DUTIES (Attach additional page(s) if necessary which is incorporated by reference and
made a part of this agreement.) STATE shall:
The Dakota County Technical College shall grant necessary access to the property to the City and its
contractor in order to complete the construction as proposed.
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II. CONSIDERATION AND TERMS OF PAYMENT
A. Consideration for all services performed by the CITY pursuant to this contract shall be paid by the
STATE as follows: [insert amount(s)]
$98,670.00
B. Terms of Payment Payments shall be made by the STATE promptly after the CITY'S presentation
of invoices for services performed and acceptance of such services by the STATE'S authorized
representative pursuant to Clause VI. Invoices shall be submitted according to the following schedule:
[insert payment schedule]
Lump sum payment when work completed to the satisfaction of the state represenative.
III. CONDITIONS OF PAYMENT All services provided by the CITY pursuant to this contract shall be
performed to the satisfaction of the STATE, as determined at the sole discretion of its authorized
representative, and in accord with all applicable federal, state, and local laws, ordinances, rules and
regulations. The CITY shall not receive payment for work found by the STATE to be unsatisfactory,
or performed in violation of federal, state or local law, ordinance, rule or regulation.
IV. TERM OF AGREEMENT This contract shall be effective on July 14, 2003 or upon the date
that the final required signature is obtained by the STATE, whichever occurs later, and shall
remain in effect until November 14, 2004, or until all obligations set forth in this contract have been
satisfactorily fulfilled, whichever occurs first. The CITY understands that NO work should begin
under this contract until ALL required signatures have been obtained, and the CITY is notified to
begin work by the STATE'S Authorized Representative.
V. CANCELLATION This contract may be canceled by the STATE or the CITY at any time, with or
without cause, upon thirty (30) days written notice to the other party. In the event of such a
cancellation, the CITY shall be entitled to payment, determined on a pro rata basis, for work or
services satisfactorily performed.
VI. STATE'S AUTHORIZED REPRESENTATIVE The STATE'S Authorized Representative for the
purposes of administration of this contract is Paul DeMuth, Director of Operations Dakota Count
Technical College.
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VII. The CITY'S Authorized Representative for the purposes of administration of this contract is
Andrew J. Brotzler, P,E., City Engineer, City of Rosemount
The STATE'S Authorized Representative shall have final authority for acceptance of the CITY 'S
services and if such services are accepted as satisfactory, shall so certify on each invoice submitted
pursuant to Clause II, paragraph B.
VII. ASSIGNMENT The CITY shall neither assign nor transfer any rights or obligations under this
contract without the prior written consent of the STATE.
VIII. AMENDMENTS Any amendments to this contract shall be in writing, and shall be executed by
the same parties who executed the original contract, or their successors in office.
IX. LIABILITY The CITY shall indemnify, save, and hold the STATE, its representatives and
employees harmless from any and all claims or causes of action, including all attorney's fees incurred
by the STATE, arising from the performance of this contract by the CITY or CITY 'S agents or
employees. This clause shall not be construed to bar any legal remedies the CITY may have for the
STATE'S failure to fulfill its obligations pursuant to this contract.
24. STATE AUDITS The books, records, documents, and accounting procedures and practices of the
CITY relevant to this contract shall be subject to examination by the contracting department and the
Legislative Auditor.
XI. GOVERNMENT DATA PRACTICES ACT The CITY must comply with the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by
the STATE in accordance with this contract, and as it applies to all data, created, collected, received,
stored, used, maintained, or disseminated by the CITY in accordance with this contract. The civil
remedies of Minnesota Statutes Section 13.08, apply to the release of the data referred to in this
Article by either the CITY or the STATE. In the event the CITY receives, a request to release the
data referred to in this Article, the CITY must immediately notify the STATE. The STATE will give
the CITY instructions concerning the release of the data to the requesting party before the data is
released. DATA PRACTICES ACT The CITY shall comply with the Minnesota Data Practices Act
as it applies to all data provided by the STATE in accordance with this contract and as it applies to
all data created, gathered, generated or acquired in accordance with this contract.
XII. OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY RIGHTS
A. The STATE shall own all rights, title and interest in all of the materials conceived or created by
the CITY, or its employees or subcontractors, either individually or jointly with others and which
arise out of the performance of this contract, including any inventions, reports, studies, designs,
drawings, specifications, notes, documents, software and documentation, computer based training
modules, electronically, magnetically or digitally recorded material, and other work in whatever
form (" MATERIALS").
B. The CITY hereby assigns to the STATE all rights, title and interest to the MATERIALS. The
CITY shall, upon request of the STATE, execute all papers and perform all other acts necessary to
assist the STATE to obtain and register copyrights, patents or other forms of protection provided by
law for the MATERIALS. The MATERIALS created under this contract by the CITY, its
employees or subcontractors, individually or jointly with others, shall be considered "works made
for hire" as defined by the United States Copyright Act. All of the MATERIALS, whether in paper,
electronic, or other form, shall be remitted to the STATE by the CITY, its employees and any
subcontractors. The CITY, its employees, and any subcontractors shall not copy, reproduce, allow
or cause to have the MATERIALS copied, reproduced or used for any purpose other than
performance of the CITY'S obligations under this contract without the prior written consent of the
STATE'S authorized representative.
The CITY represents and warrants that MATERIALS produced or used under this contract do not
and will not infringe upon any intellectual property rights of another, including but not limited to
patents, copyrights, trade secrets, trade names, and service marks and names. The CITY will
indemnify and defend the STATE at the CITY'S expense from any action or claim brought against
the STATE to the extent that it is based on a claim that all or part of the MATERIALS infringe
upon the intellectual property rights of another. The CITY shall be responsible for payment of any
and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited
to, reasonable attorney fees arising out of this contract, amendments and supplements thereto, which
are' attributable to such claims or actions.
If such a claim or action arises, or in the CITY 'S or the STATE'S opinion is likely to arise, the
CITY shall at the STATE'S discretion either procure for the STATE the right or license to continue
using the MATERIALS at issue or replace or modify the allegedly infringing MATERIALS. This
remedy shall be in addition to and shall not be exclusive to other remedies provided by law.
XHI. PUBLICITY Any publicity given to the program, publications, or services provided resulting
from this contract, including, but not limited to, notices, informational pamphlets, press releases,
research, reports, signs, and similar public notices prepared by or for the CITY or its employees
individually or j ointly with others, or any subcontractors shall identify the STATE as the sponsoring
agency and shall not be released prior to receiving the approval of the STATE'S authorized
representative.
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XIV. OTHER PROVISIONS (Attach additional page(s) as necessary):
IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be
bound thereby.
APPROVED:
1. MINNESOTA STATE COLLEGES AND UNIVERSITIES
By (authorized college /university /system
offic ture)
a.
Titl
Date > tj
VERIFIED AS TO ENCUMBRANI
By (authorized college /university /system
office s' ature)
Title
Date 7-23-63
5
3. THE CITY OF ROSEMOUNT:
CITY certifies that the appropriate person(s) have executed the contract on behalf of the
CITY as required by applicable articles, by -laws, resolutions, or ordinances.
By (authorized signature)
Title
Date
By (authorized signature)
Title
Date
4. AS TO FORM AND EXECUTION:
By u orized Ile a /university /system
off si It
Title
Date 6
MnSCU006
Revised 7/23/2003
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