HomeMy WebLinkAbout06.d. Approval of Cost Sharing JPA between the City of Rosemount and Dakota County for Funding of Dakota County Eastern Transit Study
EXECUTIVE SUMMARY
City Council Regular Meeting: June 5, 2018
AGENDA ITEM: Approval of Cost Sharing JPA between
the City of Rosemount and Dakota
County for Funding of Dakota County
Eastern Transit Study
AGENDA SECTION:
Consent
PREPARED BY: Kim Lindquist, Community Development
Director AGENDA NO.: 6.d.
ATTACHMENTS: Agreement APPROVED BY: LJM
RECOMMENDED ACTION: Motion to Approve the JPA between the City of Rosemount
and Dakota County for Funding of the Dakota County Eastern Transit Study.
SUMMARY
Dakota County is proposing to conduct an eastside transit study which will include the City of Rosemount.
The goal of the study is to explore additional transit options within the eastern portion of Dakota County,
which doesn’t have the same level of service as the western communities. Participation in the JPA was
discussed briefly at a recent work session with the Council. The City’s portion of the funding would not
exceed $10,000.
This study will assist in identifying potential economically viable routes. Recently, staff was notified that the
Dakota County Board gave approval for staff to have a JPA with MVTA to provide some bus service to
DCTC by extending the 420 route. It is anticipated that there will be 6 total trips, 2 morning, 1 mid-day, 2
afternoon/evening and 1 late night trip. This is the type of initiative that could come out of the Eastern
Transit Study, which would ultimately be beneficial to the overall community.
RECOMMENDATION
Staff recommends approval of the joint powers agreement between the City of Rosemount and Dakota
County for funding of the Dakota County Eastern Transit Study.
COST SHARING JOINT POWERS AGREEMENT
BETWEEN CITY OF ROSEMOUNT
AND
DAKOTA COUNTY FOR FUNDING OF
DAKOTA COUNTY EASTERN TRANSIT STUDY
This Cost Sharing Joint Powers Agreement (“Agreement”) is made and entered into by
and between Dakota County (“County”) and the City of Rosemount (“City”), collectively
referred to as the “Parties”, pursuant to Minn. Stat. § 471.59 which authorizes local
government units to jointly and cooperatively exercise any power common to the
contracting parties; and
WHEREAS, Dakota County intends to retain a consultant to prepare a study and report
on transit options in the northern and eastern portions of the County that will assist the
County and local communities in future transit services planning; and
WHEREAS, the City and County wish to collaborate on the completion of transit service
study to facilitate transit planning in the City; and
WHEREAS, the County and City support retaining a consultant to prepare a transit study
referred to as the Dakota County Eastern Transit Study (Study).
THEREFORE, the County and the City agree to the following terms for sharing the cost
of a consultant for these purposes.
SECTION 1
PURPOSE
The purpose of this Agreement is to provide for the joint exercise of powers common to
the Parties to cooperate and jointly fund the Study. The Study will examine and
recommend options for future transit services and transit planning in the northern and
eastern regions of the County.
SECTION 2
TERM
This Agreement shall be effective as of the date executed by all Parties and shall remain in
effect until completion of the Parties’ respective obligations under this Agreement, unless
earlier terminated by law or according to the provisions of this Agreement.
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SECTION 3
COOPERATION
The Parties agree to cooperate and use their reasonable efforts to ensure timely
completion of the obligations of the Parties under this Agreement and to, in good faith,
undertake resolution of any dispute in an equitable and fair manner.
SECTION 4
OBLIGATIONS OF THE PARTIES
4.1. Awarding Project. The County will lead the project by issuing a Request for
Proposals for a consultant to provide the services and will enter into an agreement
with a qualified consulting firm.
4.2. Project Funding. The County will provide the majority of the funds for the
consulting services, not to exceed $150,000, and the City will provide $10,000 of
the funds for the consulting services.
4.3. Authorized Purpose. The funds the City provides to the County under this
Agreement shall be used only for the transit study services.
4.4. Payment of Unauthorized Claims. All funds provided by the County and City
under this Agreement shall only be used for the actual cost for the Study. The
County and the City may refuse to pay any claim that is not specifically authorized
by this Agreement. Payment of a claim shall not preclude the County or the City
from questioning or later disputing the propriety of a claim or payment. If
payment of any amount is disputed by the County or the City, payment of
undisputed amounts will be made as set forth herein. The party submitting the
disputed amount shall provide additional documentation to support the disputed
amount, if necessary. The County and the City reserve the right to offset any
overpayment or disallowance of a claim by reducing future payments.
4.5. Acknowledgement. The City and County shall appropriately acknowledge the
funding assistance provided by the City and County in any promotional materials,
signage, reports, publications, notices, and presentations relating to project.
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SECTION 5
LIABILITY
Each party to this Agreement shall be liable for the acts or omissions of its officers,
directors, employees or agents and the results thereof to the fullest extent authorized by
law and shall not be responsible for the acts of the other party, its officers, directors,
employees or agents. It is understood and agreed that the provisions of the Municipal
Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising
from the parties’ acts or omissions. In the event of any claims or actions asserted or filed
against either party, nothing in this Agreement shall be construed to allow a claimant to
obtain separate judgments or separate liability caps from the individual parties. To insure
a unified defense against any third-party liability claims arising from work of the Project,
the County agrees to require the contractor and any subcontractor retained to work on
the Project to maintain commercial general liability insurance in the amounts consistent
with minimum limits of coverage established by Minn. Stat. § 466.04 during the terms of
the Project. All such insurance policies shall name the City and County as additional
insureds.
SECTION 6
REPRESENTATIVES
6.1. Representatives. The following named persons are designated as the
Representatives of the parties for purposes of this Agreement. Notice required to
be provided pursuant this Agreement shall be provided to the following named
persons and addresses unless otherwise stated in this Agreement.
County Representative
Mark Krebsbach
Dakota County Highway Engineer
14955 Galaxie Avenue
Apple Valley, MN 55124
In the event of notification of the termination of this Agreement by the City,
notice shall also be provided to:
Office of the Dakota County Attorney
Civil Division
1560 Highway 55
Hastings, MN 55033
City Representative
City of Rosemount
Attn: Logan Martin
145th Street West
Rosemount, MN 55068
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In the event of notification of the termination of this Agreement by the County,
notice shall also be provided to:
City of Rosemount
Attn: Logan Martin
145th Street West
Rosemount, MN 55068
6.2. Liaisons. To assist the parties in the day-to-day performance of this Agreement
and to ensure compliance and provide ongoing consultation, a liaison shall be
designated by the City and County. The City and County 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:
County Liaison Joe Morneau
Telephone: (952) 891-7986
Email: joe.morneau@co.dakota.mn.us
City Liaison Kyle Klatt
Telephone: (651) 322-2052
Email: kyle.klatt@ci.rosemount.mn.us
SECTION 7
TERMINATION
7.1. In General. Either party may terminate this Agreement for cause by giving seven
(7) days’ notice of its intent to terminate, to the other party. Such notice to
terminate for cause shall specify the circumstances warranting termination of the
Agreement. Cause shall be a material breach of this Agreement. Notice of
termination shall be made by certified mail or personal delivery to the
Representative of the other Party. 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.
7.2. Termination for Lack of Funding. Notwithstanding any provision of this
Agreement to the contrary, either Party may immediately terminate this
Agreement if it does not obtain funding from the Minnesota Legislature,
Minnesota Agencies, Federal government, or other funding source, or if it’s
funding cannot be continued at a level sufficient to allow payments of the amounts
due under this Agreement. Notice of termination under this provision shall be
accomplished as provided in Section 7.1. The Parties also agree to include a
provision in the agreement with the contractor providing planning services that
neither Party to this Agreement is obligated to pay for any services, labor,
materials, equipment, or any benefits that are provided by the contractor after
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receipt of the written notice of termination of that agreement for lack of funding
and that the Parties will not be assessed any penalty or damages if the agreement
with the Contractor is terminated due to lack of funding.
SECTION 8
REPORTING, ACCOUNTING AND AUDITING REQUIREMENTS
8.1. Accounting and Records. The County agrees to establish and maintain accurate
and complete accounts, financial records and supporting documents relating to
the receipt and expenditure of the funds provided by the City in accordance with
this Agreement. Such accounts and records shall be kept and maintained by the
County for a minimum of six (6) years following expiration of this Agreement. City
shall have the right to inspect and copy such records. The County agrees to make
such records available to City for inspection and copying during normal business
hours.
8.2. Auditing. The books, records, documents and accounting procedures and
practices of the County that are relevant to this Agreement are subject to the
examination by the State Auditor for a minimum of six (6) years following
expiration of this Agreement.
SECTION 9
MODIFICATIONS
Any alterations, variations, modifications, or waivers of the provisions of this Agreement
shall only be valid and binding when they have been reduced to writing, approved by
their respective governing boards.
SECTION 10
MINNESOTA LAW TO GOVERN
The Agreement shall be governed by and construed in accordance with the substantive
and procedural law of the State of Minnesota, without giving effect to principles of
conflicts of law. All judicial proceedings related to this Agreement shall be venued in the
County of Dakota, State of Minnesota.
SECTION 11
MERGER
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.
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SECTION 12
SEVERABILITY
The provisions of this Agreement shall be deemed severable. If any part of this Agreement
is rendered void, invalid, or unenforceable, such rendering shall not affect the validity or
enforceability of the remainder of this Agreement unless the part or parts that are void,
invalid, or otherwise unenforceable substantially impairs the value or purpose of the
entire Agreement with respect to either party.
SECTION 13
SURVIVORSHIP
The following provisions under this Agreement survive the termination of this
Agreement: Section 4.4. (Acknowledgement), Section 5 (Liability), Section 8 (Reporting,
Accounting and Auditing), Section 10 (Minnesota Law to Govern), and Section 12
(Severability).
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SECTION 14
CONTRA PROFERENTEM DISCLAIMER
The parties agree that the contra proferentem principle of contract interpretation is not to
be applied to this Agreement. Any ambiguity, inconsistency, or question of interpretation
in this Agreement is not to be resolved strictly against the party that drafted the
Agreement, but instead is to be resolved in accordance with the most reasonable
construction. It is the intent of the parties that any dispute over the meaning or
application of the Agreement shall be construed fairly and reasonably, and neither more
strongly for nor against either party.
CITY OF ROSEMOUNT
Date ____________________ By
Mayor
Resolution No. _______________ Attest
Date By _________________________________
City Administrator
Approved by Dakota County DAKOTA COUNTY
Board of Commissioners
Date: ______________________ By
Kathleen Gaylord, Chair
Dakota County Board of Commissioners
Resolution No. ________________
Approved as to Form
By
Assistant County Attorney
Date of Signature
KS18-198 Cost Share JPA with Rosemount for County Eastern Transit Study v1