HomeMy WebLinkAboutResolution No. 2013-012 RESOLUTION 2013-012
RESOLUTION APPROVING AMENDMENT NUMBER I OF WATER AGREEMENT
BETWEEN THE CITIES OF MINNEAPOLIS AND COLUMBIA HEIGHTS
WHEREAS, the City of Minneapolis operates a municipal water system known as the
Minneapolis Public Works—Division of Water Treatment and Distribution Services; and
WHEREAS, on June 1, 2004 the City of Minneapolis and the City of Columbia Heights entered
into an Agreement entitled "Minneapolis—City of Columbia Heights Water Agreement" for the
City of Minneapolis to supply water to the City of Columbia Heights; and
WHEREAS, the City of Minneapolis and the City of Columbia Heights deem it appropriate to
make amendments to Section 4 and Section 9 of that agreement defining Master Meter
Maintenance; and
WHEREAS, the City Council has determined that approving the Amended Agreement is
reasonable, prudent, and in the best interest of the public;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia
Heights, Minnesota as follows:
Amendment Number I to the Water Agreement is approved and the Mayor and City
Manager are authorized and directed to execute the Amended Agreement.
Passed this 28th day of January, 2013
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Offered by: Nawrocki CITY OFUMJ31A HEIG-SITS
Seconded by: Williams
Roll Call: All Ayes
Mayor Gary L. Peterson
Tori 0 d�qIVt
City Council Secretary
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AMENDMENT ER 1
MINNEAPOLIS—CITY OF COLUMBIA HEIGHTS
WATER AGREEMENT—2404
AMIENDMIENT TO CONTRACT NO.C-20603
This agreement is made and entered into as of the day of ,by
and between the City of Minneapolis,a Minnesota home rule charter city in Hennepin
County,Minnesota(City)and the City of Columbia Heights,a Minnesota Municipal
Corporation(Columbia Heights)
WIT SSET :
RECITALS
Whereas,the City of Minneapolis operates a municipal water system known as the
Minneapolis Public Works—Division of Water Treatment and Distribution Services;and,
Whereas,the City of Minneapolis and the City of Columbia Heights have previously
entered, into an Agreement for the City to supply water to the City of Columbia Heights to
be effective the 1" day of June 2004 entitled"Minneapolis—City of Columbia Heights
Water Agreement;and
WHEREAS, the City of Minneapolis and the City of Columbia Heights deem it
appropriate to make amendments to that agreement as specified herein.
Now THEREFORE,it is mutually agreed as follows:
That Section 4 Measurement is amended to read as follows:
The water delivered pursuant to this Agreement shall be measured by meters to be
furnished and maintained by the City of Minneapolis at its own cost and expense at
existing locations. Such meters shall be subject to periodic inspection and testing by the
City of Minneapolis according to American Water Works Association(AWWA)Standards
for frequency of testing,accuracy and tolerances of such meters. The cost of testing shall
be paid by the City of Minneapolis.
That Section 9 Indemnification by Minneapolis is amended to read as follows:
Indemnification by Minneapolis
Minneapolis agrees to indemnify and save City of Columbia Heights harmless for any and
all claims based on the quality of the water supplied to City of Columbia by Minneapolis,
as described in Section 8 of this Agreement,which arise or may result from Minneapolis'
operations or the actions or neglect of Minneapolis'officers,employees or agents pursuant
to this Agreement, or from the use,installation,maintenance,and repair of Minneapolis
facilities, inside or outside of Minneapolis or the reading of City of Minneapolis'master
meters by Minneapolis personnel,and will assume the defense of any actions arising
therefrom in which City of Columbia Heights is made a party defendant. City of Columbia
Heights shall give Minneapolis prompt notice of such action. The forgoing
indemnification,and any liability assumed by Minneapolis as a result thereof,shall be
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subject to the limits of liability and other provisions set forth in Minnesota Statutes,Chap.
466.
BE IT FURTHER RESOLVED,That the existing meters for Columbia Heights shall
become the property of the City of Minneapolis and this amendment shall be effective
January 1,2013.
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fN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed
the day and year first above written.
WITNESSETH
City of Minneapolis City of Columbia Heights
Department Responsible for By
Administering this Agreement
Department of Public Works ITS
Department Director By:
Approved as to Form: US:
Assistant City Attorney
Finance Officer/Designee
Date
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ISeptember 6,2012
Minneapolis
Uty of Lakes
Department of
Public Works
Steven A Kotke,P.E,
City Engineer
Director Kevin Hansen
350 South 5th Street-Room 203 Public Works Director,City Engineer
Minneapolis MN 55415 637 381h Avenue NE
Office 612 673-3000 Columbia Heights, MN 55421
Fax 612 673-3565
M 612 673-2157
RE: Master Meter in Columbia Heights
Dear Mr. Hansen:
The City of Minneapolis is interested in owning and maintaining the water meter to
Columbia Heights from Minneapolis. The current contract calls for Columbia Heights to
furnish and maintain the master meter. The contract also calls for Columbia Heights to
provide periodic testing at Columbia Height's cost with monitoring by Minneapolis.
Minneapolis is willing to take responsibility for the future testing of the meter,replacement
of the meter, and the associated costs with monitoring of the testing by Columbia Heights,
If Columbia Heights is willing to transfer ownership of the master meter to Minneapolis,
Minneapolis will take all future responsibility for the master meter. If Columbia Heights is
interested in this arrangement, I will write a MOU as an addendum to our contract to
provide for this change.
If there are questions,please call me at 612-673-2418.
Sincerely,
Bernie R. Bullert
Director—Minneapolis Water Treatment&Distribution Services
Department of Public Works
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city Information
and Smicas
www.d.minneapolis.mn.us; columbiaheightsmastermeter.doex
Affirmative Action Employer
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