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HomeMy WebLinkAbout9.a. Rural Water - Temporary OperationCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: MARCH 5, 1991 AGENDA ITEM: RURAL WATER SYSTEM - AGENDA SECTION: TEMPORARY OPERATION ADMINISTRATOR'S REPORT PREPARED BY: STEPHAN JILK, CITY ADMINISTRATOR AGEN I I Vi A ATTACHMENTS: MEMO, A OVED BY: AGREEMENT This item consists of consideration and discussion on an agreement between the City of rosemount and the University of Minnesota to allow the city to take over the operation, not ownership, of the new Rural Water System. This would be a contracted situation to allow the use of the system until the legal transfer takes place. RECOMMENDED ACTION: No action - consideration only. COUNCIL ACTION: None. TO: Mayor Napper Council Members Klassen, Oxborough, Willcox, Wippermann FROM: Stephan Jilk, City Administrator DATE: March 1, 1991 RE: Rural Water System Interim Operation The Rosemount Rural Water System is virtually complete. It is capable of providing potable water from the new wells and pumping system located just to the west of the old city hall. There are a couple of items of mechanical nature, which have to be completed at this time which will bring it into design compliance with what we had asked for. That is mainly a computerized control and monitor system has to be installed which will tie the new system in with the computerized control system for our main city system. This involves the installation of a computer telemetry unit at the wellhouse and telephone lines to the city shop. Until that is completed all monitoring and adjustments must be done manually. This just means that someone will have to visit the new wellhouse at least once a day rather than doing it all from the computer at the city garage. Otherwise the system is complete and has been tested and has passed all necessary health and operating tests. The legal transfer of the system from the University to the City could take place. City staff, Dave Grannis and representatives of the University have been meeting to review drafts of agreements to allow this transfer to take place. These meetings have been taking place for the last several months. We are close to completing a draft that I think you may consider. The main issues will be what liability position the City would take when taking over the system and what type of warranty and for what length of period the University will maintain the system for the quality of the water and the mechanical equipment for the system. Rural Water Page 2 Meanwhile, the University has asked the City to consider operating the system for them until the transfer takes place. They have agreed to pay all costs associated with this "operating service" and we have drafted an agreement for their consideration. A copy of that agreement is attached. I would like to discuss the agreement with you and consider its adoption at the regular council meeting on March 19. AGREHMEIi T THIS AGREEMENT made and entered into this day of , 1991, by and between REGENTS OF THE UNIVERSITY OF MINNESOTA, a Minnesota public educational corporation, hereinafter "University", and CITY OF ROSEMOUNT, a Minnesota municipal corporation, hereinafter "City". WHEREAS, University has constructed two wells, water storage facilities and a distribution system, hereinafter "Water System", to serve the needs of certain residents of City; and WHEREAS, it is the intention of the parties that the University transfer the Water System and its operation to City; and WHEREAS, the parties agree that prior to such transfer, it will be necessary to operate the Water System for a period of time. NOW THEREFORE, IT IS AGREED: I. Commencing , 1991, City agrees to provide the personnel necessary to operate and maintain the Water System on an interim basis. It is anticipated that City will be required to have one of its employees there a minimum of one hour every other day once the Water System is operating properly. In the event City encounters any unusual or serious problems with the operation and maintenance of the water system, it shall immediately contact University's representative, Barry D. OfPlanagan, Delta Environmontal Concultanta, Inc_, 1201 Highway 8, Suite 114, St. Paul, MN 55112, (612) 636-2427. 2. This Agreement shall continue for a period of one (1) Year or until the Water System is transferred to City, whichever occurs first, unless earlier terminated by either party on thirty GRANN I S _ HARMEYE R (30) days written notice. 3. University agrees to reimburse City for the reasonable value of the labor and materials utilized in operating and maintaining the Water System. City agrass to submit to the University an itemized statement every two (2) weeks, and University agrees to reimburse city within fifteen (15) days of receipt of said itemized statement. 4. No agent, employee or servant of either party shall be deemed to be the employee, agent or servant of the other party. 5, Citv's only obligation in entering into this agreement is to provide the services described in paragraph 1 on a contract basis. City assumes no liability or responsibility of any nature relating to the Water system, including but not limited to the quality of water or the construction and operation of the Water System, unless caused by the negligence of its agents or employees. University agrees to hold City harmless and indemnify it from and against all liability for personal or bodily injury or damage resulting from the construction and operation of the Water System, unless caused by the negligence of the City, its agents or employees. IN WITNESS WHEREOF, City and University have executed this Agreement to be effected the day and year first above written. CITY OF ROSEMOUNT By: Vernon Napper, Mayor By: Stephan Jilk, City Administrator -170- REGENTS OF THE UNIVERSITY OF MINNESOTA By: Its: By: Its: