4.11. SR 12-17-2012 r* REQUEST FOR ACTION
River
TO ITEM NUMBER
Mayor and City Council 4.11
AGENDA SECTION MEETING DATE PREPARED BY
Consent Agenda December 17, 2012 Michael Hecker,Parks and Recreation
Director
ITEM DESCRIPTION REVIEWED BY
Oak Knoll Athletic Complex Irrigation System Agreement with Cal Portner, City Administrator
School District REVIEWED BY
ACTION REQUESTED
Approve the Agreement between the City of Elk River and Elk River Area School District No. 728
regarding the installation of municipal water line and maintenance of Hales Field/Oak Knoll Irrigation
System.
BACKGROUND/DISCUSSION
In August,the City Council approved a project to irrigate the city athletic fields at Oak Knoll with city
water. The well,owned by the school district,was failing and continuing to cavitate,making irrigation
difficult, especially during the summer drought conditions. The best option to guarantee irrigation water
with consistent pressure was to install city water service. The well can continue to be used during the
spring months with the higher water levels. The project was done in cooperation with the school district.
The city's financial contribution approved for the project was $12,007,which was part of a 50/50 split
agreement to provide city water service for both the school field (Hales Field) and the city's Oak Knoll
fields.
The well has a long history of oral agreements and written statements that have never been formally
approved by either the city or the School Board. City staff met with the school district in October to
review past agreements and discuss the continued use and maintenance of the well,including how the city
water line service will continue to irrigate the fields. It was discovered that a joint powers agreement
between the city and the school district is necessary and recommended to outline the use,maintenance,
and potential replacement of the well,including the installation and maintenance of city water lines.
City and school district staff drafted a joint powers agreement based on past history and recent
developments. The agreement was then reviewed by City Attorney Peter Beck. The school board
approved the agreement at their December 10, 2012,meeting.
ATTACHMENTS
• Hales Field/Oak Knoll Irrigation System Agreement
Action Motion by Second by Vote
Follow Up
P-0ME0E0 BY
NATURE
AGREEMENT
BETWEEN THE CITY OF ELK RIVER
AND INDEPENDENT SCHOOL DISTRICT NO. 728
REGARDING THE INSTALLATION OF MUNICIPAL WATER LINE AND
MAINTENANCE OF HALES FIELD/OAK KNOLL IRRIGATION SYSTEM
THIS AGREEMENT made this day of , 2012, by and between the
CITY OF ELK RIVER(CITY), a municipal corporation under the laws of the State of
Minnesota, and INDEPENDENT SCHOOL DISTRICT No. 728 (ISD 728), an
independent school district created and existing under the laws of the State of Minnesota.
WHEREAS, ISD 728 currently owns and operates the Hales Field/Oak Knoll Well
(Well), which is located on property owned by ISD 728 and is used to irrigate athletic
fields; and
WHEREAS,the parties desire to enter into a joint powers agreement pursuant to the
authority granted by Minnesota Statutes, Section 471.59 for the use, maintenance and
potential replacement of the Well, and for the installation and maintenance of municipal
water lines.
NOW THEREFORE, it is agreed by and between the parties as follows:
USE OF WELL
ISD 728 agrees to provide to the CITY, water via the Well, until the point of well
cavitation (loss of regular water pressure), as mutually determined by ISD 728 and CITY.
If ISD 728 and CITY disagree on the point of well cavitation, the well will be examined
by EH Renner& Sons to determine status. If EH Renner is not available, the parties will
mutually select another vendor. Upon cavitation, CITY will switch to the municipal
water line for the remainder of the watering season unless it is mutually agreed by ISD
728 and CITY for CITY to continue using Hales Field/Oak Knoll Well for the watering
season.
INSTALLATION OF WATER LINES
ISD 728 will install municipal water lines located upon property owned by ISD 728 and
surrounding Hales Field, in the location identified on Attachment A and highlighted in
red.
FINANCE
The cost of installation of the municipal water lines shall be split evenly between the
CITY and ISD 728. ISD 728 will invoice CITY for any installation invoice amounts not
directly billed to CITY and CITY will pay the invoice within 30 days. If part of the bill
is disputed, CITY shall pay the undisputed part within 30 days and the CITY and ISD
728 shall meet to resolve the disputed amounts.
SERVICE AND MAINTENANCE RESPONSIBILITIES
WELL
ISD 728 shall be responsible for service and maintenance of the WELL, but the cost of
well maintenance and electricity shall be split between the CITY and ISD 728 as outlined
below.
1. Meter reads shall be performed each spring prior to the watering season—prior to
April 1 of each year.
2. A meter read shall be performed at the point of the well cavitation/conversion to
municipal water line and/or at the end of the watering season where total well
water usage for the season will be determined for each entity.
3. A percentage of use shall be assigned to CITY and ISD 728 according to well
water used by each entity divided by the total overall well water used for the
season.
4. Annual well maintenance cost and electricity will be allocated according to the
percentages calculated in#3.
5. ISD 728 will invoice the CITY for the annual well maintenance and electricity on
December 1 of each year.
6. Upon failure of the Hales Field/Oak Knoll Well, both parties will meet and discuss
the future of said well.
WATER LINES
City shall be responsible for service and maintenance of the municipal water lines. The
yearly cost of municipal water line maintenance, if needed, will be split equally between
City and ISD 728 for the 6 inch water line that provides water to both the City and ISD
728. The maintenance costs for water lines that serve just one of the parties shall be the
responsibility of that party. Each party grants the other party a license to enter the party's
property for the purpose of servicing and maintaining the water lines.
COMMUNICATION
The CITY and ISD 728 shall meet as necessary to review billing and service issues.
LIABILITY
Each party shall be responsible for ally loss, damage or injury to any person or property
arising out its obligations under this Agreement. Each party agrees to defend and
indemnify the other party and its officers, employees and agents for any claims arising
from its performance or failure to perform its obligations under this Agreement. Each
party shall only be responsible for out of pocket costs to the other party. Each party
waives any claim for lost services, lost profits, indirect, consequential or special damages.
Nothing in this Agreement shall constitute a waiver or limitation of any immunity or
limitation on liability to which a party may be entitled under Minnesota Statutes, Chapter
466 or otherwise.
Each party shall purchase liability insurance in the amount equal to or greater than the
maximum liability applicable to municipalities set forth in Minnesota Statutes, Chapter
466. This requirement may be met through membership in a self-insurance pool. Each
party shall name the other party as an additional insured to the extent necessary to meet
its obligations under this agreement.
LENGTH OF TERM OF AGREEMENT AND TERMINATION
This Agreement shall take effect upon approval by CITY and ISD 728. Once installation
of the municipal water line has commenced, the Agreement may only be terminated by
written agreement of both parties.
MERGER
Any and all previous agreements, either written or verbal, are hereby merged into this
Agreement.
COUNTERPARTS
This agreement may be executed in any number of counterparts and each shall be deemed
to be an original, and this Agreement shall be binding upon a party executing any one of
such counterparts.
APPROVED by the City Council of the City of Elk River this day of
, 2012.
CITY OF ELK RIVER
By:
John Dietz, Mayor
By:
Tina Allard, City Clerk
APPROVED by the ISD 728 Board this 101-1A-day of 1 , 2012.
INDEPENDENT SCHOOL DISTRICT NO. 728
By: A +u,_�_
Jolene . art.-nsen, S ►ool Boa-s •hair
By:
Randy Anders'' Executive Director of Business Services
ATTACHMENT A
Varsity
Baseball N.ew 4
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(ISD 728)
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Oak
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