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Home My Public Portal About2013-77 Resolution, Joint Resolution Confirming Coop Funding Lake Ind Outlet Channel ProjectMember Martin introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2013-77 JOINT RESOLUTION CONFIRMING COOPERATIVE FUNDING OF THE LAKE INDEPENDENCE OUTLET CHANNEL PROJECT WHEREAS, the City of Independence and the Three Rivers Park District have entered into that certain Water Resources Management Project Cooperative Agreement in order to provide for the cooperative removal of blockages from the outlet channel of Lake Independence between the Lake and Pagenkopf Road to reduce the severity and duration of high water elevations in Lake Independence that cause damage to the shoreline and unreasonably restrict recreational usage (the "Project'), and; WHEREAS, the cost to complete the Project is estimated at approximately $57,000 as indicated in the Summary of Charges attached hereto as Exhibit A, and; WHEREAS, the Pioneer Sarah Creek Watershed Management Commission and the City of Medina will contribute to the cost to complete the Project as indicated in Exhibit A, and; WHEREAS, the Pioneer Sarah Creek Watershed Management Commission, City of Medina and City of Independence wish to memorialize their cost share understanding related to funding of the Project. NOW, THEREFORE, BE IT MUTUALLY RESOLVED THAT the parties hereto will provide funding for the Project as indicated in Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota that the City accepts the Donation and thanks the Donors. Dated: October 1, 2013. ATTEST: Scott T. Johnson, City Administrator -Clerk Etiza. oth Weir, Mayor i Resolution No. 2013-77 October 1, 2013 The motion for the adoption of the foregoing resolution was duly seconded by member Pederson and upon vote being taken thereon, the following voted in favor thereof: Martin, Martinson, Pederson, Weir And the following voted against same: (Absent: Anderson) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2013-77 2 October 1, 2013 EXHIBIT A SUMMARY OF CHARGES Task Total Cost to Date 1. Permit Fees - DNR & WM Commission 2. Plans and Specifications 3. Bidding 4. Easements 5. Permitting and Public Hearing 6. Construction administration Vegetation Removal Project PSC WMC — 10% TRPD — 11.2% Medina 37% (of remainder) Independence 63% (of remainder) $ 1,550.00 $ 2,440.00 $ 907.00 $ 429.00 $ 2,298.60 $ 880.00 TOTAL $ 8,504.60 Resolution No. 2013-77 3 October 1, 2013 $ 49,150.00 $ 57,654.60 -$ 5,765.46 -$ 6,457.32 $ 45,431.82 $ 16,809.77 $ 28,622.05 EXHIBIT B WATER RESOURCES MANAGEMENT PROJECT COOPERATIVE AGREEMENT BETWEEN CITY OF INDEPENDENCE AND THREE RIVERS PARK DISTRICT Resolution No. 2013-77 4 October 1, 2013 WATER RESOURCES MANAGEMENT PROJECT COOPERATIVE AGREEMENT This Cooperative Agreement is made as of the date indicated below by and between the City of Independence (the "City") and the Three Rivers Park District (the "Park District"), both governmental units of the State of Minnesota, acting through their respective governing bodies. The City and the Park District may be referred to hereinafter as the "parties." RECITALS WHEREAS, the parties wish to cooperatively remove blockages from the outlet channel of Lake Independence between the Lake and Pagenkopf Road to reduce the severity and duration of high water elevations in Lake Independence that cause damage to the shoreline and unreasonably restrict recreational usage (the "Project"), and; WHEREAS, the parties have estimated that the cost to complete the Project will be approximately $57,000 as indicated in the Summary of Charges attached hereto as Exhibit A, and; WHEREAS, the Pioneer Sarah Creek Watershed Management Commission and the City of Medina have agreed to contribute to the cost to complete the Project as indicated in Exhibit A, and; WHEREAS, the City and Park District wish to memorialize certain understandings related to completion and funding of the Project. NOW, THEREFORE in consideration of their mutual promises, the parties agree as follows: AGREEMENT 1. PURPOSE The Park District and the City intend to engage in intergovernmental cooperation to complete the Project. It is recognized that doing so is in the mutual interest of the citizens of Independence and the metropolitan area. The parties enter into this Agreement to facilitate the clean -out of the outlet Page 1 of 6 4311 12v12 RJV ND115-7 channel so that it operates as permitted by the Minnesota Department of Natural Resources. 2. AUTHORITY The parties enter into this Agreement pursuant to Minn. Stat. § 471.59, regarding joint exercise of powers which allows two or more governmental units, by agreement entered into through action of their governing bodies, to jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they may be exercised. To the fullest extent permitted by law, this Agreement and the Project carried out hereunder are intended to be and shall be construed as a "cooperative activity" and the parties shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, section 471.59, subdivision 1a. Each party to this Agreement expressly declines responsibility for the acts or omissions of the other. Nothing herein shall be construed to waive or limit any exemption or immunity from, or limitation on, liability available to the parties whether set forth in Minnesota Statutes, chapter 466 or otherwise. 3. DUTIES OF THE PARK DISTRICT The Park District will be responsible for: a. Participation on a Project advisory committee established to guide the Project implementation and review Project results. b. Providing cost -share funding to support the Project in an amount not to exceed 11.2% of the total construction cost of the Project, with a maximum cost -share not to exceed $10,000. Reimbursement shall be upon an invoice submitted by the City after close-out of the Project. 4. DUTIES OF THE CITY OF INDEPENDENCE The City will be responsible for: a. Executing all aspects of the Project as outlined in bid documents dated July 31, 2013 Page 2 of 6 431112v12 RJ V N D 115-7 b. Securing all necessary permits and easements. c. Seeking to assure future maintenance of this section of channel to maintain its function. 5. AMENDMENT Any amendment to this Agreement must be in writing and approved by the City and the Park District. The parties shall have full power to amend this Agreement to add or delete items from the scope of this Agreement upon such terms as are agreed to between the parties. 6. TERMINATION This Agreement will terminate upon completion of the final "Lake Independence Channel Excavation Project" as outlined in the contract documents between the City and the selected contractor. Notwithstanding, either party may terminate this Agreement for any reason by providing 90 days written notice to the other party. In the event of termination, the Park District will pay pro rata for that portion of the Work Tasks completed in accordance with the approved contract. IN WITNESS WHEREOF, the parties have caused this Cooperative Agreement executed and effective as of the date of signature of the last party to the Agreement. CITY OF INDEPENDENCE Dated: 9/10/2013 Marvin Johnson, Mayor Toni Hirsch, City Administrator 431112v12 RJV NDI 15-7 Page 3 of 6 THREE RIVERS PARK DISTRICT Dated: John Gunyou, Chair Cris Gears, Superintendent and Secretary to the Board Page 4 of 6 431112v12 RJV ND115-7