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Home My WebLink About1997-088 CCR• • 0 Member K/a+)tW C� MJrn introduced the following resolution and moved its adoption: n V RESOLUTION NO. J b RESOLUTION AUTHORIZING EXECUTION OF A COOPERATIVE JOINT POWERS AGREEMENT FOR EMERGENCY/STANDBY WATER INTERCONNECT BETWEEN THE CITIES OF BROOKLYN PARK AND BROOKLYN CENTER WHEREAS, the City of Brooklyn Center's Capital Improvement Program and Water Supply Emergency and Conservation Plan have identified the need for an emergency water supply interconnect with the City of Brooklyn Park near the intersection of France Avenue and 73rd Avenue, and; WHEREAS, plans and specifications have been completed for street and utility improvements for France Avenue from 69th Avenue N. to 73rd Avenue N., including the providing of an emergency water supply interconnect with the City of Brooklyn Park, and; WHEREAS, a cooperative joint powers agreement between the Cities of Brooklyn Center and Brooklyn Park has been prepared to provide for the construction, maintenance, and joint use of the said interconnect. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: The Mayor and City Manager are hereby authorized and directed to enter into an agreement with the City of Brooklyn Park providing for the construction and subsequent use and maintenance of an emergency water supply interconnect near the intersection of France Avenue and 73rd Avenue North. 51x7 11997 Date ATTEST: kmd�k City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member RDberl-P� and upon vote being taken thereon, the following voted in favor thereof: NIf na, 9ainess� } a+hleen earrrxly, DehrA I+i 1S+tbrK1 KaI l asr�nl RDbe& �Pfe and the following vote against the same: N Dhe whereupon said resolution was declared duly passed and adopted. • COOPERATIVE JOINT POWERS AGREEMENT FOR EMERGENCY/STANDBY WATER INTERCONNECT BETWEEN THE CITIES OF BROOKLYN PARK AND BROOKLYN CENTER THIS AGREEMENT, made and entered into this day of , 1997, by and between the City of Brooklyn Park, herein referred to as "Brooklyn Park" and the City of Brooklyn Center, herein referred to as "Brooklyn Center." WITNESSETH: WHEREAS, Brooklyn Center and Brooklyn Park each operate and maintain separate water production and distribution systems for the health, safety, welfare, and benefit of each City's constituents, and; WHEREAS, Brooklyn Center and Brooklyn Park are desirous of establishing a common water connection between the two systems in the event of a water shortage or water emergency, and; WHEREAS, Brooklyn Center has identified the need for an emergency water connection with Brooklyn Park in the Brooklyn Center Public Water Supply, Emergency and Water • Conservation Plan, and; WHEREAS, Said Plan has identified France Avenue at 73rd Avenue as an appropriate location to provide an emergency water connection, and; WHEREAS, Brooklyn Center has authorized a roadway and utility improvement project in the year 1997 for France Avenue from 69th avenue North to 73rd Avenue North, and; WHEREAS, Brooklyn Center and Brooklyn Park have agreed that it is appropriate and feasible to install a water connection as part of this improvement project, and; WHEREAS, Minnesota statutes section 471.59 allows Brooklyn Center and Brooklyn Park to enter into a Joint Powers Agreement to plan and construct public utilities on common boundaries between two cities. NOW, THEREFORE, it is hereby agreed by and between the parties to this agreement as follows: 1. That Brooklyn Center and Brooklyn Park, by executing this agreement, mutually approve Brooklyn Center as the lead agency and agree to review and approve plans and specifications for said water improvement. Brooklyn Park shall provide Brooklyn Center with all available data and materials pertinent to the work program as required to complete this project. This data and . material may consist of, but will not be limited to; contour maps, utility and street plans, and aerial photos. 2. Brooklyn Center shall provide Brooklyn Park with copies of plans prepared by Brooklyn Center and they shall be reviewed and approved by the Brooklyn Park City Engineer or designee before any work is initiated within the City of Brooklyn Park. 3. Brooklyn Center shall administer the public contract to construct said improvements and shall inspect the construction of the work contemplated herewith, and all work shall be completed in compliance with the plans and specifications. The Brooklyn Park City staff shall have the right, as work progresses, to enter upon the premises to make any inspections deemed necessary, but will have no responsibility for the supervision of the work. Brooklyn Center shall notify the Brooklyn Park City Engineer or designee at least 24 hours prior to initiating any work within Brooklyn Park. Brooklyn Center shall require its Contractor to correct any deficiencies found by Brooklyn Park within Brooklyn Park's cooperate limits. 4. The proposed schedule is to complete the improvement project prior to November 1, 1997. 5. Brooklyn Center shall be responsible for all costs incurred for the project, including construction, engineering, inspection, restoration, and administrative costs. 6. Brooklyn Park agrees to allow Brooklyn Center to utilize existing right-of-way on France Avenue and 73rd Avenue for the construction of the project. . 7. It is understood and agreed that upon completion of these improvements, all project elements shall be part of the as -built plans prepared by Brooklyn Center and reviewed by Brooklyn Park and shall become the property of the city in which those improvements are located. All maintenance and repair or replacement required thereafter shall be performed by Brooklyn Center. 8. It is the intent and understanding of both cities that said "interconnect shall be utilized for temporary or emergency uses only. It is understood and agreed that upon project completion, opening of the emergency interconnect by either City shall be performed only upon authorization by the City Manager or designee of the other City. Terms of emergency use, such as the length of time of actual water transfer and appropriate compensation shall be negotiated between and by each City's City Manager or designee at the time of emergency. Both Brooklyn Park and Brooklyn Center shall have the authority to close the temporary exchange of water at any time, but must provide reasonable notice to the other City prior to doing so. 9. It is further agreed that each party to this agreement shall not be responsible or liable to the other or to other persons whosoever for claims, damages, actions, or causes of actions of any .kind or character rising out of or by reason of performance of any work or part hereof by the other as provided herein; and each party agrees to defend at its sole cost and expense, any action or proceeding commenced for the purpose of asserting any claim or whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. Brooklyn • Park also agrees that any contract let by Brooklyn Center for performance of work on the improvements as provided for herein shall include clauses that will: mom; • a) Require the contractor to defend, indemnify, and save harmless Brooklyn Park and Brooklyn Center, their officers, agents, and employees from claims, suits, demands, damages, judgements, costs, interest, expenses(including, without limitation; reasonable attorney fees, witness fees and disbursements included in the defense thereof) arising out of or by reason of the negligence of the said contractor, its officers, employees, agents, or sub -contractors. b) Require the contractor to provide and maintain sufficient insurance so as to insure the performance of its hold harmless obligation. C) Nothing herein shall be deemed a waiver of the limitations or liability provided for in Minnesota Statutes, Chapter 466, and neither party shall have any obligation to indemnify the other in any amount in excess of the limitations on liability set forth therein. 10. Brooklyn Center agrees to provide necessary signage warning motorists of work being done within the public right -of --way. IN TESTIMONY WHEREOF, the parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF BROOKLYN CENTER . BY Mayor DATE: AND: City Manager DATE: (seal) 0 CITY OF BROOKLYN PARK BY Mayor DATE: AND: City Manager DATE: (seal)