Loading...
HomeMy WebLinkAboutItem 16 Joint Powers Agreement-Maplewood-Shared Services-Final 1 JOINT POWERS AGREEMENT FOR THE UTILIZATION OF ENGINEERING SUPPORT STAFF BY THE CITY OF LAKE ELMO AND THE CITY OF MAPLEWOOD THIS AGREEMENT entered into by and between the CITY OF MAPLEWOOD (“MAPLEWOOD”), a Minnesota municipal corporation, and the CITY OF LAKE ELMO (“LAKE ELMO”), a Minnesota municipal corporation, is effective upon the execution of this Agreement by the named officers of both cities. RECITALS WHEREAS, LAKE ELMO and MAPLEWOOD provide engineering and technical support services for their communities; and WHEREAS, LAKE ELMO has a need for additional construction observation services from time to time; and WHEREAS, MAPLEWOOD has Engineering support staff and other technical employees that are able to provide the services required by LAKE ELMO; and WHEREAS, Minnesota Statute 471.59 authorizes political subdivisions of the State to enter into Joint Powers Agreements for the joint exercise of powers common to each, and also authorizes one of the parties to an agreement to exercise powers on behalf of another party. NOW, THEREFORE, it is mutually stipulated and agreed to as follows: 1. SERVICES. A. MAPLEWOOD shall provide to LAKE ELMO construction observation services and related technical services for LAKE ELMO’S Keats MSA Street and Trunk 2 Watermain Improvements project to be constructed in 2013, and at such times as are agreed to pursuant to Provision 1D below. B. This contract is intended to be a service contract between the two Cities. It is expressly understood that MAPLEWOOD will be acting as an independent contractor to LAKE ELMO. The parties agree that a MAPLEWOOD employee providing services under this contract to LAKE ELMO (“Assigned Worker”) shall remain an employee of MAPLEWOOD and shall not be an employee of LAKE ELMO. C. MAPLEWOOD shall be solely responsible for compensating the Assigned Worker(s) engaged in providing construction observation and related technical services under this Agreement, including any overtime wages incurred, as well as any insurance or employee benefits provided under the policies or agreements of MAPLEWOOD. In addition, MAPLEWOOD shall be solely responsible for training, workers’ compensation, reemployment insurance benefits, and other employee related laws, including OSHA, ERISA, RLSA, and FMLA. MAPLEWOOD shall retain the sole authority to control the Assigned Worker(s), including the hiring, discipline, and termination of said Assigned Worker(s). D. LAKE ELMO and MAPLEWOOD shall coordinate the scheduling of services to be performed under this Agreement through their respective City Manager/Administrator, or the City Manager/Administrator’s designee. No service shall be provided unless both Cities approve the performance of such service. E. Each Assigned Worker will be under the direct supervision of MAPLEWOOD for the purpose of performance review and any discipline related issues. 3 It is understood that while the Assigned Worker is providing services for LAKE ELMO, the Assigned Worker will be under the work direction of the LAKE ELMO City Engineer or his or her Designee. LAKE ELMO shall notify MAPLEWOOD of any and all complaints about the services rendered by an Assigned Worker and cooperate in the documentation, investigation, and resolution of the same in any manner. F. All costs related to training, licensing, equipment, and other matters concerning the professional development of the Assigned Worker(s) necessary to provide services contemplated by this Agreement shall be borne by MAPLEWOOD. 2. PAYMENT. LAKE ELMO will compensate MAPLEWOOD for services rendered in the amount of 1.75 times the hourly base salary of the Assigned Worker(s) times the number of hours worked by such Assigned Worker(s). Overtime rate will remain at the hourly base times the multiplier. Mileage to and from the jobsite and upon the jobsite shall be compensated at a rate of $0.565 per mile. LAKE ELMO shall make monthly payments, upon presentation of a monthly billing equal to costs incurred for that month. 3. INDEMNIFICATION. MAPLEWOOD agrees to assume sole liability for any negligent or intentional acts of its Assigned Worker(s) while performing the assigned duties within the jurisdiction of LAKE ELMO. Each City agrees to indemnify, defend, and hold harmless the other from any claims, causes of action, damages, loss, cost or expenses including reasonable attorney's fees resulting from or related to the actions of the indemnifying City, its officers, agents or employees in the execution of the duties outlined in this Agreement. Nothing in this agreement shall constitute a waiver of 4 the statutory limits on liability set forth in Minnesota Statutes Chapter 466 or a waiver of any available immunities or defenses. 4. TERMINATION, SEVERABILITY. A. This Agreement may be terminated at any time by either City, with or without cause, by giving the other City written notice of such termination at least sixty (60) days prior to the date of such termination. The date of termination shall be stated in the notice. B. Upon termination, any and all records or property of the respective Cities will be returned to the City who is the owner of such records or property within 3 days. C. This Agreement is governed by the laws of the State of Minnesota. D. In the event that any provision of this Agreement is held invalid, the other provisions remain in full force and effect. 5. REVISIONS TO AGREEMENT. Both parties acknowledge that modifications to this Agreement may be necessary to ensure an effective, on-going working relationship. To that end, LAKE ELMO and MAPLEWOOD shall use their best efforts to ensure the viability of this Agreement into the future. However, any alterations, variations, modification, or waivers of provisions to this Agreement will only be valid when they have been reduced to writing and duly signed by both parties hereto. 6. NOTICES. Any notice to be given by either party upon the other under this Agreement shall be properly given: a) if delivered personally to the City Manager of the other City, or b) if mailed to the other City by United States registered or certified mail, return receipt requested, postage prepaid, addressed in the manner set forth below. 5 If to Lake Elmo: City of Lake Elmo Lake Elmo City Hall 3800 Laverne Avenue N Lake Elmo, MN 55042 Attn: City Administrator If to Maplewood: City of Maplewood Maplewood City Hall 1830 County Road B East Maplewood, MN 55109 Attn: City Manager Notices shall be deemed effective on the date of receipt if given personally, or on the date of deposit in the U.S. mails if mailed. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 7. COMMENCEMENT DATE. This Agreement shall commence on the date that the party who signs this Agreement last signs this Agreement. 6 IN WITNESS WHEREOF, the Cities of MAPLEWOOD and LAKE ELMO have caused this Agreement to be duly executed on the day and year entered below. Dated: _______________ CITY OF MAPLEWOOD By: ___________________________ Will Rossbach Its Mayor By: ____________________________ James W. Antonen Its City Manager Dated: _______________ CITY OF LAKE ELMO By: ________________________ Mike Pearson Its Mayor By: _________________________ Dean A. Zuleger Its Administrator