HomeMy WebLinkAbout4.i. Authorize Joint Powers Agreement - Well Head Protection Plan � CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
GITY COUNCIL MEETING DATE: June 6, 1995
AGENDA ITEM: Authorize Joint Powers Agreement AGENDA SECTtON:
Well Head Protection Plan Consent
PREPARED BY; Bud Osmundson AGENDA 11���� '
City Engineer/Public Works Director � � �. �
ATTACHMENTS: Joint Powers Agreement, Utility APPROVED BY:
Commission Executive Summary, MDH Letter
The Minnesota Department of Health is requiring each City to have a 1Nell Head
Protection Plan as required by the 1986 Federal Safe Drinking Water Act and the 1989
Minnesota Ground Water Protection Act. The City has been working with Dakota County
and area cities regarding this subject for the past 6 months. The main portion of the Well
Head Protection Plan is Ground Water Modeling which is a very sophisticated computer
program which analyzes and determines actual surface areas which effect wells in
aquifers. Due to the cost of the Ground Water Flow Model it is in the City's best interest
to enter into the attached Joint Powers Agreement for the Modeling.
The attached Utility Commission Executive Summary has more information on this
program. Rosemount's share of the top end cost will be approximately 59,411 . The
County will administer the contract for the Ground Water Modeling now and the pragram
in the future. As the City expands and new wells are required this program can be used
to locate the best area for a new welL
The City Attorney has reviewed the JPA and his suggestions were implemented. The
Utility Commission recommends that the City Council enter into the Joint Power
Agreement and that the cost should come from the Water Core Fund.
RECOMMENDED ACTION: MOTION TO AUTHORIZE THE REQUIRED SIGNATURES IN THE
GROUND WATER MODELING JOINT POWERS AGREEMENT.
COUNCIL ACTION:
2
�� C1TY OF ROS�UIOUNT
EXECUTiVE SUMMARY FOR ACT10N
UTiLlTY OMMISSION MEETING DATE: May 8, 1995
DA ITE�VI: Well Head Protection - Joint Powers- �4G��VDA S�CTiON:
Agreement Old Business :
PREPARED BY: Bud Osmundson AG�NDA NO.
City EnginesriPubiic Works Director 4c.
ATTACHMENTS: Joint Powers Agresment and APPROVE� BY:
Estimated Costs
Sometime ago we discussed the States soon to be implemented Weil Head Frotection Pfan. The '�
Minnesota Department of Heaith will adrninister this program whereby each community will be
required to have a plan in place to protect the wells within the City. A major part of that plan is
the Ground Water Computer Modeling Program which deiineates the Well Head Protection area.
Cities will be required to utiiize zoning and other ordinances to protect the ground water within
that ares for each welL
All area cities are required to have this and since many of them are going to drill wells soon this
pushes them to the top of the list to have their Protection P1an in place. The County was
contacted eariy on by other area cities and has taken a very positive approach to the Ground
Water Modeling and Protection Plan Program. In the past 6 months, Staff from other area cities
and Dakota County have laid the ground work for and decided upon many issu�s. One of them
is a Joint Powers Agreement to hire a consulting engineer to compiete the Ground Water
Modeling Program. Also agreed upon was a determination of the cost sharing in this Joint
Powers Agreement. The County committed to pay for 50°/a of the project cost. Area cities
which wifl participate were determined to pay for their share on a weighted basis between total
acreage of the city and by pumping of city wells. After a long selection process and
consultations with University of Minnesota Professor Otto Strock, (v►Fho is one of the worlds few
experts in this area) it was determined to utiiize Barr Engineering for this Ground Water Model., ��
The total cost is estimated at S 120,000 with Rosemount's share at approximately $9,41 1 .
Lakeville is not included because they utilized Barr to complete their program two years ago at a
cost of approximately $50,000 for just their City. Inver Grove Heights also completed a Ground
Water Modeling Program a few years ago at a cost of over S 100,000. Therefore, this is a
bargain for the City of Rosemount.
With the Ground Water Model complete the verbiage for the actual Well Head Protection Pfan
Document can probably be completed by City S#aff in 1996. However, we will budget a
consultant to complete the Plan when budgetting time arrives, to allow us flexibiiity for other
projects.
Tonight we are recommending that the Utiiity Commission pass a motion to recommend that the
City Council enter into the Joint Powers Agreement and that the cost should come from the
Water Core Fund.
RECOMMENDED ACT10N: MOTION-TO RECOMMEND THAT CITY COUNCIL ENTER INTO A
JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF ROSEMOUNT
FOR COST SHARING OF A COUNTY-WIDE MULTI-LAYER ANALYTICAL ELEMENT GROUND
WATER MODEL.
COMMISSION ACTION: ��sS��J � —�
3
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Minnesota Department of Heaith
925 Delaware Street Southeast
P.O. Box 59040
Minneapolis, MN 55459-0040
(612)627-5100
December 28, 1994 �:` �,
: J t�i�� _ �GC�:
.,._
y j_j'- +—,u��.s �,��.;�v`
Rosemount City Council
c/o Mr. Tom Burt, City Administrator
Rosemount City Hall
2875 145th Street We�t
Rosemount. Minnesota 55068
Dear Council Members:
This is to inform you that the Minnesota Department of Health has nearly completed
development of the weilhead protection program. The objective of wetlhead protection
is to protect public health by safeguarding the areas which contribute water to public wells
from potential sources of groundwater contamination. It is expected that this program will
be implemented sometime in 1995 following promulgation of the state wellhead protection
rule.
We are enclosing a copy of the newsletter that we have developed for the wellhead
protection program. We will be sending you additional information about the wellhead
protection program on a regular basis through this newsletter. Also, we will send you a
- copy of the wellhead protection ruie when we have it ready for public review and
comment.
Because of the large number of public water suppliers in this state, it was necessary to
develop a ranking scheme for phasing public water supply systems into the program.
�;��s 5����rt�� �s ►�ase� �r, zhe percentage of vuirerabie weiis in ��e system and tne size
of the population served. Priority is also given to systems which serve children. Based
on information that exists in our database at this time, your system is ranked number 27
out of the 1,586 community and nontransient noncommunity systems in Minnesota which
rely on groundwater to serve their customers.
This ranking is subject to change should new information become available regarding
your system. Information that could change your ranking includes data related to well
water quality, well construction, pumping rates, and population served. In addition, any
municipal system which adds a new well after the wellhead protection rule takes effect is
immediately brought into the program regardless of its position on the current list. We
TDD: (612) 627-6003 (Twin Cities) 1-800-627-3529 (Greater Minnesota)
An Equal Opportunity Employer
✓
Rosemount City Gouncii
Page 2
December 28, 1994 _ _
. an#icipate that for the next several years oniy municipalities which add a well to their
system or public water suppiiers who voluntarily want to deveiop welihead prote�tion
plans will be brought into the wellhead protection program.
If you have any questions regarding your ranking for phasing into the wellhead protection
program, status of the wellhead protection rule, or any other aspects of wellhead
protection in Minnesota, please contact Mr. Bruce Olsen of my staff at (612) 627-5167.
Sincerely,
,..
�. �. (.�..�..��
�
Gary L. Englund, P.E., Program Manager
Drinking Water Protection Section
GLE:BMO:tvs
Enclosure
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w�rking.with six 'w: .-` ". ..�. : : �,, .. ; . , :
:top-WHP plans�. �� �e'purpose of'the WI�P�program ts to pre�rent contamination of pu6iic water
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,ed with thesr:pilor ; ` su , � welTs _The �986�amendments ta tlie federaY Safe Drinking Water Act .
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�;ped`to�identi�}r-the �, re4utre stat�to develop�VHP programs. The U.S. Environmental Protection
at support needs of _ - - � � _ . Agency-�U:S, EPA) is responsible.
;rs: 1�fDH will �:� ``��; ` ` for apgroving state programs. :
�uppliers.with . - r `;�:1 '.' - - ��Also,the 1989 Minnesota Ground• ,
eas and Te �aiin ' � � � :�_water Profection Act requires the .
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pians wiii conrtain �� � - �, �: commissioner of heaith to develop
antial contaminant � � � � , .= a state iule �or WHP. -
� area, a st�ategy - - : _
�tent,,a monitoring - � � _ � MDH has compiet�i a draft of the
�urce manage -:_ - . � - state's WHP program plan and has
�� aisa finished draftin the lan a e
and`a contingency - � g � �
�rruption of the � � : � for the state WHP rule. U.S. EPA
�. MDH �viTl hold : � - - � � - _ . approval of the proposed siat�
aring WHP pians , .� �,c5v��.�`� `�: : WHP pro�am anci adoption of the
iiers and'local - � �`'� � � draft WHF rule wili permit public
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Also;W�-iP . _ . �-- . waier suppliets, sta►c agencirs.
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- . ; � . � ,� �� ._..._: ..�.:. .-:. � and locai overnments to begin
wor.k diTcci.y with —�/ , , � �.... .._ - g .
vater supFliers to .. � � - - ' impiementing th��'HP program. . .
and implement Proposed WHP Atea for ihe City of�lear Laics .
_ - � . , . MDH has deveioped the state's .
- _ � - _ - WHP program:with the advice and -, �
;p�rtment �f � recammendations of many organizations and individusls. Techmcal and policy- �
esota P��Ilution � • , warkgtoups provided recommrndations regarding how WHP shouid be applied .
�nd MDH have 'to public water suppiy wells. another advis.ory group provided comment and .`
tdum:of_agre�m�nt _ � � =advice on draft.ing the progosed state.WHP r.ute: �Pu61ic.water suppiiers vvere -
Cont. on puge 4 . • ir�resented on these workgroups throu�h.persons from the American Water :
����� � " Warks Association and the Minnesota Ruiat Water Association. , �
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ublication is.to . -� Under the proposed;WHF program, atl public watei supply wells would have `� :-
� p � to be protected from disease organisms, physical damage, and direct entry of ; ,
on and educatian to- = _ - . ,
tocal officials, and � ��mical contaminants. Owners of commuruty and nontransient noncommunity
_ . . Cont. on page 4 .
�otecting public wells =, - � . _ . -
aking water .�- - ��'1 tf11S �S$U� -
�� � . � . :-Surveys of Water Suppliers and the Pubiic. .:......:..... _... 2 - �
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aff: Bruce Otsen, - - � . . .
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"Concems about groundwater are apparent_; � . ,
di Schmolke ` . . _: � = .
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- �- _- .WHP Rufes 4 .. ........ 3 -
- ............... ..:..................... ..... ..........�........
locument in anocher � �:SUpp�iers required ta subr�nit plans for.WHP : _: _ - �
527-5100,TDD _ . .�
DAK TA CO U1 y T ! LOUIS J. BREIMHURST,P.E.
0 oIRECTOR
(612)891-7005
DIVISION OF PHYSICAL DEVELOPMENT F,4x(6t 2)e9i-703t
� 14955 GALAXIE AVENUE RPPLE VALLEY,MtNNESOTA 55124-8579
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` ��- � DEPARTMENTS OF-
�"� ,���.�`' • ENVIRONMENTAL MANAGEMENT
.--- • HIGHWAYS �. � � � '
'a--!� ^ • PARKS
;,�- • SURVEY '
. � • OFFICE OF PLANNI�NG � - �. � _ � � � . . . �
May 30, 1995
Mr. Bud Osmundson
City of Rosemount
P.O. Box 510
Rosemount,MN 55068
Dear Mr. Osmundson:
Thank you for responding so quickly to the MLAEM Cost Share Agreement.
In addition to several minor changes, the following recommended changes have been made
to the Agreement. If these changes meet with your approval, return a signed agreement to
me at the above address.
Page 1, 3rd"Whereas," add:
Dakota Countv and the cities of..."
Page 2, paragraph 2.1, add:
"Contractor": Tyie contractor selected and recommended to be retained by
mutual agreement of the Counfy and cities is the Barr Engineering Comparry.
Page 2, paragraph 4, add the followin�as 4.2 and renumber the section:
4.2 In the event that a party fails to errter into this Agreement, or withdraws
from this Agreement pursuant to paragraph 9, and after the terminating pariy has
paid its share of costs under paragraph 9.4, the cost allocation percentages set
forth above shall be reallocated among the remaining cities according to their
proportional shares set forth in paragraph 4.1. Notwithstanding the aforesaic�
the County's share shall remain no more than fifiy(SO)percent of the total cost of
the Ground Water Moded.
Page 4, replace paragraph 6.1 with the following language:
6.1. Liabili . Each party to this Agreement agrees to indemn�, defenc�
and hold the other parties harmless from arry claims, demanals, actions, or causes
of action arising out of arry act or omissian on the part of that pariy or its agents,
Printed on recycled paper,20°fo post-consumer i�� AN EQUAL OPPORTUNITY EMPLOYER
_
servants, or employees with relation to this agreement. Liability of the County .
and cities shall be governed by the provisions of the Municipal Tort Claim Acts,
11�innesota Statutes Chapter 466 and other applicable laws This provision
survives termination of this Agreement hy cmy of its parties
Page 4, Strike pazagraph 9.1, "Without Cause" and renumber the remaining sections.
Sincerel ,
,
�
.
L.En on, h ' eveloprnent Planner
OFFICE OF PLANNING
cc David Svvenson,Dakota.County Environmentat Management
n:�mlaelet2.doc
AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITIES OF
APPLE VALLEY,BURNSVII.LE, EAGAN,HASTIl�TGS,ROSEMOUNT,AND SOUTH ST.
PAUL FOR COST SHARING OF A COUNTY-WIDE MULTI LAYER ANALYTICAL
ELEMENT GROUND WATER FLOW MODEL (NILAEl�
This Agreement is made and entered into among the Dakota County Physical Development Division,
Dakota County Western Service Center, 14955 Galaxie Avenue, Apple Valley, Minnesota 55124, by
and through the Dakota County Board of Commissioners, hereinafter"County"; and the City of Apple
Valley, 14200 Cedar Avenue, Apple Valley, Minnesota 55124; the City of Burnsville, 100 Civic
Center Parkway, Burnsville, Minnesota 55337-3817; the Ciry of Eagan, Municipal Building, 3830 Pilot
Knob Road, Eagan, 1V�innesota 55122; the City of Hastings, 101 4th Street East, Hastings, 11�nnesota
55033; City of Rosemount, 2875 145th Street West, P. O. Box 510, Rosemount, Minnesota 55068;
and the City of South St. Paul, Municipal Building, 125 3rd Avenue North, South St. Paul, Minnesota
5�075; hereinafter"cities."
WHEREAS, a County-wide Multi-Layer Analytical Element Method (MI,AEM) ground water
model will be used to implement city and County ground water supply and proteetion programs; and
WHFRLAS,the CountS�is contracting for a Count��-wide MLAFM ground water mc�del; and
WHEREAS, Dakota County and the cities of Apple Valley, Burnsville, Eagan, Hastings,
Rosemount, and South St. Paul desire to share the costs of and the benefits therefrom; and
�VHEREAS, the respective governin�bodies of each party have authorized this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and agreements contained
herein the parties agree as follows:
1. GENERAL PROVISIONS
l.l. Purpose. The general purpose of this Agreement is to establish the terms of cost and
benefit sharing in developing a County-wide MLAEM ground water model.
1.2 Recitals. The recitals set forth above are incorporated by reference as if fully set forth
herein.
1.3 Term. This Agreement shall be in effect from the date of execution by all parties, or
from the commencement of services hereinunder, whichever is first, and shall continue in effect until
terminated in accordance with the provisions herein.
Page 1 of 8
� .
_ 2. DEFINTTIONS.
2.1 Unless the language or context clearly indicates that a=different meaning is intended, the
following words, terms, phrases, when capitalized, shall have the following meaning:
"Ground Water Model": The Ground Water Niodel to be used is the Multi-Layer Analytical
Element Method(MLAEM) model developed by Otto Strack from the University of Minnesota.
The Ground Water Model will include all geological layers between and including the glacial
drift and the Hinkley Formation. The Ground Water Model will include both the software and
data formatted to run the Ground Water ModeL
"Contractor": The contractor selected and recommended to be retained by mutual agreement of the
County and cities is the Ban Engineering Company.
3. PURCFIASE OF SERVICES.
3.1 County A�reement. The Ground Water Model to be developed shall be governed by terms of
a separate contract between the County and the contractor selected to develop this model.
3.2 Non-exclusive. Notrsng in this Agreement or im the contract between the County and
contractor referenced above shall be interprete3 to prohibit any party from purchasing services,
products, or data directly from the contractor at its own expense.
4. COST SHARING
4.1 Costs. The share of the cost for each of the parties to this Agreement, as calculated in
Exhibit l, for the services and products produced under the contract referenced in paragraph 3.1 shaii
be as follows:
County 50%
APPIe Valley 8%
Burnsville 12%
Eagan 14%
Hastings 4%
Rosemount 8%
South St. Paul 4°/a
4.2 In the event that a party fails to enter into this Agreement, or withdraws from this Agreement
pursuant to paragraph 9, and after the terminating party has paid its share of costs under paragraph 9.4,
the cost allocation percentages set forth above shall be reallocated among the remaining cities accordin�
to their proportional shares set forth in paragraph 4.1. Notwithstanding the aforesaid, the County's
share shall remain no more than fifty (50) percent of the total cost of the Ground Water Model.
Page 2 of 8
4.3 Fiscal Agent. The County will be the fiscal agent for purposes of this Agreernent: The
contractor providing the C7round Water Model pursuant to the terms of the agreement referenced in
paragraph 3 will submit invoices to the County which will make payment to the contractor. The County
shall then submit bills to each party for reimbursement ta the County for its share of the cost. Cities
shall reimburse the County for their respective shares within 35 days of each city's receipt by submitting
the payment in the proper amount to:
Dakota County Treasurer/Auditor
Dakota County Government Center
1560 West Highway 55
Hastings, Minnesota 55033
5. ADDITIONAL OBLIGATIONS OF THE PARTIES
5.1 Contract ManaQer. The County will be the Contract manager for the purposes of both this
Agreement and the County contract with the Barr Engineering Company. Alt contacts and
conespondence with tfie contractor will be submitted and received through the County unless otherwise
agreed to by all parties. Applicable information received by the County shall be disbursed promptly to
each party.
5.2. Data. In preparation of the contractor's services the County shall be resp�nsible for
providing relevant GIS layers containing geology: hydrogeology, surface-water bodies, topography,
well locations, and other mformation currently m the Dakota County GIS which would aid in
construction of the Ground Water Model. Cities shall be responsible for providing pump test results,
water levels, and relevant municipal well information.
5.3 Ownership. Ownership of the Ground Water Model shall be jointly held by the parties to this
Agreement. Dakota County shall exercise all rights of ownership, trtle, and control, to the Ground
Water Model under federal copyright law or other law relating to confidentiality and/or trade secret
information. The parties agree that development of the Ground Water Model required the skilled
efforts of professionals in its design and compilation and that the end product is the result of thP
original work of the County and its agents, as well as the cities and their respective agents as parties to
this Agreement. The parties to this Aareement are hereby licensed to use the Ground Water Model
without charge so long as such use is for internal purposes only and subject to conditions included in
paragraph 5:4.
5.4 Modifications/Additions. Any additions or modifications to the Ground Water Model
completed by a party shall be made available to the other parties without charge. Additions or
modifications to the Ground Water Model shall be compatible with the pre-existmg County-wide
Ground Water Model, including, but not limited to, the program, documentation, GIS coordinate
system, and data structure. To insure standardization and compatibility with the pre-existing County-
wide Ground Water Model, any additions or modifications to the Ground Water Model shall t�e
approved by the Dakota County Environmental Management Department, Water and Land Section
Supervisor.
5.5 License A�reements. The Ground Water Model, excluding copyrighted software, shall be made
available without charge to individuals, corporations, or public entities upon a signed and approved
license agreement and subject to conditions mcluded in paragraph 5.4. The County may seek to recover
cost associated with data preparation and distribution as specified in paragraph 5.6.
Page3 of 8
5.6 Distribution of Data: The Dakota County Environmental Management Department may charge
fees for data distribution and preparation costs in accordance with the Dakota County Survey and Land
Information Department fee schedule to individuals, corporations, or ptzblic entities not party to this
agreement that seek to use the Ground Water ModeL
5.7 Disclaimer. Distribution of maps or reports generated with the Ground Water Model shall
contain a disclaimer as follows:
Information contained herein is a compilation of records, information and
data from various city, county, and state offices, and other sources. This
document should be used for reference only. No representation is made
that the hydrologic conditions presented, accurately reflect true
conditions. Dakota County or any other entity from whom this Ground
Water Model was obtained assume no liability for any errors or omissions
herein. If discrepancies or inaccuracies are found, please contact the
Dakota County Environmental Management Water and Land Section.
6. INDEMNIFICATION.
6.1. Liabili . Each party to this Agreement agrees to indemnify, defend, and hold the other
parties harrnless from any claims, demands, actions, or causes of action arising out of any act or
omission on the part of that party or its agents, servants, or employees with relation to this agreement.
Liability of the County and cities shall be governed by the provisions of the Municipal Tort Claim Acts,
11�1'innesota Statutes Cha.pter 466 and �ther applicable lav��s. This provisi�n survives term2nation of this
Agreement by any of its partizs.
7. SUCCESSORS. Each party binds itself and its successors, legal representatives, and
assigns to the other parties to this Agreement and to the partners, successors, legal representatives, and
assigns of such other parties, in respect to all covenants of this Agreement.
8. DEFAULT.
8.1 Force M�ejure. No party shall be held responsible for delay or failure to perform when
such delay or failure is due to any of the following unless the act or occurrence could have been
foreseen and reasonable action could have been taken to prevent the delay or failure: fire, flood,
epidemic, strikes, wars, acts of God, unusually severe weather, acts of public authorities, or delays or
defaults caused by public carriers; providing the defaulting party gives notice as soon as possible to the
other parties of the inability to perform.
9. TERMINATION.
9.1 Non-A�propriation. Notwithstanding any provision of this Agreement to the contrary, this
Agreement may be terminated by the County or any of the cities in the event sufficient funds from the
participating cities, County, state, federal or other sources are not appropriated, obtained and continued
at least at the level relied on for the performance of this Agreement; and the non-appropriation of funds
did not result from any act of bad faith.
9.2 Failure to Reach Mutual Agreement. This Agreement is terminated if Dakota County is
unable to reach a mutually acceptable agreement with a contractor to develop the MLAEM modeL
Page 4 of 8
9.3 Written Notice of Termination. Notice of ternunation shall be made by certified mail or
personal delivery to the Authorized Agent of the party. Notice is deemed effective upon deiivery of the
Notice of Ternunation to the party's Authorized Representative. Notice shall include a certified copy of
the resolution of the governing board indicating its mtent to terminate the Agreement.
9.4 Effect of Termination. Termination of this Agreement shall not discharge any liability,
responsibility, or right of any party which arises from the performance of or failure to adequately
perform the terms of this Agreement prior to the effective date of termination. Nor shall ternunation
discharge any obligation which by.its nature would survive after the date of termination, including by
way of illustration only and not limitation, Standard Assurances attached hereta :
A terminating party shall pay its share of the costs incurred for the project through the effective date of
termination. If payment is not made in accordance with the terms of this Agreement, a party shall return
all data and information in their possession for which payment has not besn made and shall destroy all
copies thereof.
10. CONTRACT RIGHTS/REMEDIES
10.1 Rights Cumulative. All remedies available to a party under the terms of this Agreement or by
law are cumulative and may be exercised concurrently or separately, and the exercise of any on remedy
shall not be deemed an election of such remedy to the exclusion of other remedies.
10.2 Waiver. The waiver of any defauit by a party, or the failure to give notice of any default,
shal? nct �onstitute z waiyer of any �u�sequent defaul_t or deemed to be a failure to give such notice with
respect to any subsequent default.
11. REPRESENTATIVE
11.1 Authorized Re�resentative. The following named persons are designated Authorized
Representatives of parties for the purposes of this Agreement. These persons have authority to bind the
party they represent and to consent to modifications and subcontracts, except that, as to the County, the
Authorized representative shall have only the authority specifically or generally granted by the County
Boazd. Notification required to be provided pursuant to this Agreement shall be provided to the
following named persons and addresses unless otherwise stated in tlus Agreement, or in a modification
of this Agreement. Any modification or addendum to this agreement to include other parties'
representatives.
Countv: City of Burnsville:
Louis R. Breimhurst City Manager
Physical Development Director City of Burnsville
14955 Galaxie Avenue 100 Civic Center Parkway
Apple Valley, Minnesota 55124 Burnsville Minnesota 55337-3817
Citv of Apple Vallev: Ci of Eagan;
City Administer City Admmistrator
City of Apple Valley City of Eagan
14200 Cedar Avenue � Municipal Building
Apple Valley, Minnesota 55124 3830 Pilot Knob Road
Eagan,Minnesota 55122
Page 5 of 8
Citv of Hastins�s-. : City of Rosemount: :
Ciry Administrator City�dministrator
City of Hastings City of Rosemount :
101 4th Street East 2875 145th Street West
Hastings, Minnesota 55033 P. O. Box 510 -
- Rosemount; Minnesota 55068
City of South St. PauL
City Administrator
City of South St. Paul
Municipal Building
125 3rd Avenue North _
South St. Paul, Minnesota SSQ75
11.2 Liaison. To assist the parties in the day-to-day performance of this Agreement and to
develop service, ensure compliance, and provide on-going consultation, a liaisons shall be designated by
cities and the County. The parties shall keep each other continually informed, in writing, of any change
in the designated liaison. At the time of execution of this Agreement the following persons are the
designated liaisons:
Count� Citv of Burnsville:
David Swenson Chuck Al-1
Water and Land Section Supervisor City of Burnsville
14955 Galaxie Avenue 100 Civic Center Parkway
Apple Valley, Minnesota 55124 Burnsville Minnesota 55337-�81�
City of A�pie Vallev: Citv of Eagan:
Neal Heuer Wayne Schwamz
City of Apple Valley City of Eagan
14200 Cedar Avenue l�2unicipal Building
Apple Valley, lV�innesota 55124 3830 Pilot Kriob Road
Eagan,Minnesota 55122
City of Hastin�s: City of Rosemount:
Tom Montgomery Bud Osmundson
City of Hastings City of Rosemount
141 4th Street East 2875 145th Street West
Hastings, M'innesota 55033 P. O. Box 510
Rosemount, Minnesota 55068
Citv of South St. Paul:
7ohn Sachi
City of South St. Paul
Municipal Buitding
125 3rd Avenue North
South St. Paul, Minnesota 55075
Page 6 of 8
12. COUNTERPARTS. This agreernent may be executed in two or more counteiparts, each of
which sha11 be deemed an original, but all of which shall constitute one and the same instrument:
13. MODiFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of
this Agreement shall only be valid when they have been reduced to writing, signed'.by authorized
representatives.
14. SEVERABiLITY. The provisions of this Agreement sha11 be deemed severable. If any part
of this Agreement is rendered void, invalid, or unenforceabie, such rendering sha11 not affect the validity
and enforceability of the remainder of this Agreement unless the part of parts which are void, invalid, or
otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to any
PartY•
15. MERGER. �
15.1 Final Agreement. This Agreement is the final expression of the agreement of the parties and
the complete and exclusive statement of the terms agreed upon, and shall supersede all prior
negotiations, understandings, or agreements. There are no representations, warranties, or stipulations,
either oral or written, not contained within.
16. EXHIBITS. Fxhi�its 1 ar_d 2 attached a.nd incorporated herein by reference.
E�ibit 1 -Percentage of Costs
Exhibit 2 - Standard Assurances
Page 7 of 8
IN WITNESS WI�REOF, the parties have executed this Agreement on the dates indicated below: :
�°�Pproved as to form: COUNTY OF DAKOTA :
�
.s' ��/� .
istant County Attorney/Date � Louis R Breimhurst
Director physical Development Division
Date of Signature
Approved as to execution:
Assistant County Attorney/Date
CITY OF APPLE VALLEY CITY OF BURNSVII.,LE
Title Title
Date of Signature Date of Signature �
CITY OF EAGAN CITY GF£�A�i�i TG�
Title Title
Date of Signature Date of Signature
CITY OF ROSEMOUNT CITY OF SOUTH ST. PAUL
Title Title
Date of Signature Date of Signature
Page 8 of 8
� � Exhibit 1
Estimated Costs for Compieting a MLAENI Ground Water Model
Cost based on a 50/50 County/City partne�ship. T�e total project cost is estimated at�120,000.
5/47/95
Cifiy Acreage Pumpage °k of Total °� of Totaf Weighted°k %Share Est Mt�4EM
ea um a e Cx,�ea+%rwmP M►e�sMea�>rz ost
Ap (e Valle 11,187 1.593 13% 18% 16% 8°10 $ 9,569.60
Burnsviile 17,253 2.496 21% 29%0 25% 12% $14,894.52
Ea an 21,436 2.523 26% 29% 28% 14% �16.501.69
Hastings 8,867 0.69 8% 8% 8%a 4% $ 4,876.45
Rosemount 22,626 0.353 27°!0 4% 16% 8% � 9,410.62
South Si. Paul 3,540 1 4% 12% 8% 4% $ 4,747.i3
Dakota County 50% $60,�00
TOTAL 82,909 8.655 100% 100% 100% 100% $120,000
Page 1
' Shadard Conwitiag
g Reviaed: lUR6/94
EXHIBIT •C-.-
STANDARD ASSURANCES :
: L NON-UISCRIMiNATION. During the pctformance of this Contcact, thc Contracwc shall not uniawfully discriminate
against any emptoyee or applicant for employment because of race,color, creod. nligion. sex, national origin, disability, age, mariral
. status or pubiic assistance status. The Contracior will take affinaative action m ensure that appiicants, are empioyed, and tha[
emptoyxs are treated during empioyment, wiihout unlawful discrimination bocause of their racc, coior, creed, religion, sex, nationai
origin, disability, age, marita! siatus or public assistance siacus. Such aciion shall include, but not bo timited to the following:
employment, upgrading, demotion, or Uansfer, recruitment or i+ecruitmcnt advertising; layoff or tcnnination; rates of pay or other
forms of compensation; and selection for training, including apprenticcship. The Contractor agrees to post in conspieuous places,
available to employees and appGcants for emptoyment, noticrs which set forth the provisions of this nondiscrimination ciause.
The Contractor wiIl, in all solicitations or advertisemenu for empioyers placed by or on behalf of Contcactor, state thai all
qualified applicants will receive eonsideration for anptoymrnt without regard to race, crecd, color, teligion, sex, national origin,
disability,maritai srasus,or public assistance status.
No funds received under this Contraci shall be used Lo provide reiigious or sectarian tcaining or services. �
The Contractor shall compty with any applicable federal or state law rcgacding non-discriminatio�. The foilowing list inciudes,
but is not meant to limi[, laws which may be aQplicable:
A. The Eaual Empiovment Opportunitv Act of 1972, as amcuded, 42 U.S.C. §2000e et�. which prohibiu discrimination in
employment ba;ause of race, eolor,relio on,sex or national origin.
B. Execntive Order 11246, as amended, wiuch is incorpoiaced herein by reference, and prohibits discrimination by U.S.
Government contraciors and subcontraciors berause of r.�ce,coior,reii�on,seac or national origin.
C. The Rehabilitation Act of 1973, as amCnded, 29 U.S.C. §701 et�. and 45 C.F.R. 84.3 (J) and (K) implemen[ing Sec.
504 of the Act which prolubits discrimination against quali6cd handcapped persans in the access to or oarticipation in fed�raLy-funded
services or employment.
. D. The Ase Diserimination in Emviovment Aci of 1967, as amended. and Minn. Stat. § t81_81, which generaIly protubit
discriminaCion because of age.
E. The Euual Pav Act of 1963,as ameaded, §29 US.C. §2U6,which provides ihat an emQioyer may not discriminate oa the -
basis of sex by paying employxs of different sezes differendy for the same work.
F. Minn. Stat. Ch. 363, as amended, which generally pcohibits diseriminatio�because of race,cotor.creed, reiigion, national
origin.sex, mariral siatus,status with regard to public assistance,d'�sability or age.
G. Minn. Stat_ � 181.59 which protulsits discrimination agau�st any pcnon by reason of race, creed, or color in any state or
political subdivision contract for materials, supplies or construction. V'wiation of this section is a misdemeanor and any second or
subsequent violation of these terms may be cause for forfeiture of aQ sums�ue under L'�e Contraci.
H. Americans with Disabilities Act of 1990, 42 U.S.C. §§ 23101 throuah 1213, 47 U.S.C. �§�?S, 611,with re�ulations at
29 C.F.R. § 1630;which prohibits d'ucrimination against qualified individuals on the basis of a disability in term,condition or privilege
of employment.
2. DATA PRIVACY. For purposes of this Contract all data collected,created, received, maintained or dissemina[ed shall be
administered consisient with the Minnesota Governmeni Data Practices Act, Minn. Stat. Chapter 13 and tt�e Minnesota Rules
unplementing the Act now in force or hereafter adopted as weil as Federal laws on data pcivacy. The Contrsetor will strictly compiy "
with these statutes and rules. All subcontracu shall contain the same or similar data practices compiiancc requirements.
3. RECORDS DISCLOSUREJRETEN"1'ION. Conuactor's bonds, records, documents, paQers, accounting procedurrs and
practices, and other evidznees reicvant to this Contract are subjcct to the Gxamination, duptication, transcription and audit by the
County and either the Legislative or Stat� Auditoc, punuant to Minn. Stat. § 166.06, subd. 4. Such �vidences arC also subject to
reviaw by the Compuoiler General of the United States, or a duly authorized repres�nsative, if federai funds are used for any work
under this Contract. The Contractor agrees to maintain such evidenccs foc a period of three (3) years from tha date services or
payment were lasi provided or made or long�r if any audit in proaress requires a longer retention pzriod.
4. WORKER HEALTH, SAFETY AND TRAINiNG. Conuactor shall be solaly responsible for the heatth and safety of its
employees in connection with the work performed under this Conuact. Contractor shall make arrangemenu to ensvre the health and
safety of ail subcontractors and other persons who may perform work in connection with this Contract. Contractor shall ensure all
personnel of Contractor and subcontractors are pcoperiy trained and supervisrd and, whtn applicsble, duly licensed or certified
approQriate to the tasks engaged in under ihis Coatract Contrador shall comply with the 'Occupational Safety and Health Act" and
the"Employee Right to Know Acs",Minn. Stat. § 18?..65 et scc.,where applicable.
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