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HomeMy WebLinkAboutContract 1910FIRST AMENDMENT TO JOINT POWERS AGREEMENT TRAFFIC MARKINGS, STREET SWEEPING CRACK SEALING, SCREENING & SEAL COATING This First Amendment to Joint Powers Agreement ( "Amendment ") is by and between the cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights, Fridley and Ham Lake (hereinafter individually the "City" and collectively the "Cities ") WHEREAS, the cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights and Fridley entered into a Joint Powers Agreement pursuant to Minn. Stat. § 471.59 and dated February 1, 2005, for the purpose of combining together for bidding purposes for street maintenance services (hereinafter "Joint Powers Agreement "); WHEREAS, the city of Ham Lake wishes to join in the Joint Powers Agreement and the original parties to the Joint Powers Agreement wish to have Ham Lake join as well; WHEREAS, the parties wish to allow the efficient addition of other cities in the future without the need for action from each member City's governing body; NOW, THEREFORE, by virtue of the powers granted by law and in consideration of the mutual covenants and agreements of the parties hereto, it is agreed as follows: 1. Definitions. All capitalized terms, not otherwise separately defined herein, shall have the meanings ascribed to them in the Joint Powers Agreement. 2. Addition of Ham Lake. As of the date hereof, Ham Lake shall become a party to the Joint Powers Agreement and shall assume all the responsibilities and liabilities of the parties thereunder. 3. Future Member Cities. Section 11 of the Joint Powers Agreement is hereby amended to allow for the addition of other member cities to the Joint Powers Agreement. In the event that Coon Rapids receives a request from another city to join the Joint Powers Agreement, and Coon Rapids, in its sole discretion, determines that it is in the best interest of the then - current member cities to allow the new member city, Coon Rapids may amend the Joint Powers Agreement to add that new member city. The amended Joint Powers Agreement need only be executed by Coon Rapids and the new member city. No other terms of the Joint Powers Agreement may be altered or amended except by agreement in writing signed by all the parties thereto. Within twenty (20) days of adding a new member city, Coon Rapids shall provide written notice of that addition to the remaining cities in the Joint Powers Agreement. 4. Full Force and Effect. Except as expressly amended by the provisions hereof, the terms and provisions contained in the Joint Powers Agreement shall continue to govern the rights and obligations of the parties, and the Joint Powers Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by the duly authorized officers of their respective governing bodies as of the day of , 2006. [Signatures on following page] 2 CITY OF COON RAPIDS By: By: Tim Howe, Mayor Gerald G. Splinter, City Manager CITY OF BROOKLYN CENTER Bv: IGHi`S ayor Mayor By: J1 _ City Manager CITY OF FRIDLEY By: Mayor By: City Manager 3 CITY OF ANDOVER By: Mayor By: City Clerk CITY OF COL IGHi`S ayor J1 _ By•- f City Manager CITY OF HAM LAKE iuy SECOND AMENDMENT TO JOINT .POWERS AGREEMENT TRAFFIC MARKINGS, STREET SWEEPING CRACK SEALING, SCREENING & SEAL COATING This Second Amendment to Joint Powers Agreement ( "Second Amendment ") is by and between the cities of Coon Rapids, Andover, Brooklyn Center, Columbia IIeights, Fridley, Hain Lake, and East Bethel (hereinafter individually the "City" and collectively the "Cities "). WHEREAS, the cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights and Fridley entered into a Joint Powers Agreement pursuant to Minn. Stat. §471.59 and dated February 1, 2005, for the purpose of combining together for bidding purposes for street maintenance services (hereinafter the "Joint Powers Agreement "); and WHEREAS, the City of Hain Lake joined the Joint Powers Agreement in February, 2006 by an agreement entitled First Amendment to Joint Powers Agreement (hereinafter the "First Amendment "); and WHEREAS, the Cities in the First Amendment, paragraph 3, authorized the City of Coon Rapids to allow a new member City to joint the Joint Powers Agreement when, in its sole discretion, the City of Coon Rapids determines that it is in the best interest of the Cities to allow the new member City to join; and WHEREAS, the City of East Bethel wishes to join the Joint Powers Agreement and the City of Coon Rapids has determined that it is in the best interest of the Cities to allow East Bethel to join. NOW, THEREFORE, by virtue of the powers granted by law and in consideration of the mutual covenants and agreements of the parties hereto, it is agreed as follows: 1. Definitions. All capitalized terms, not otherwise separately defined herein, shall have the meanings ascribed to them in the Joint Powers Agreement. 2. Addition of East Bethel. As of the date hereof, the City of East Bethel shall become a party to the Joint Powers Agreement and shall assume all the responsibilities and liabilities of the parties thereunder. 3. Full Force and Effect. Except as expressly amended herein, the terms and provision contained in the Joint Powers Agreement shall continue to govern the rights and obligations of the Cities, and the Joint Powers Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City of Coon Rapids and the City of East Bethel have caused this Amendment to be executed by the duly authorized officers of their respective governing bodies as of the day of 3A�— 2008. The City of Coon Rapids shall provide written notice of the ((�� addition of the City of East Bethel within 20 days of the execution of this Second Amendment. CITY OF COON RAPIDS By. Tit Howe, Mayor By: att Fulton, City Manager CITY OFiEAST BE ter, BY' Doug , 'ity Administrator THIRD AMENDMENT TO JOINT POWERS AGREEMENT TRAFFIC MARKINGS, STREET SWEEPING CRACK SEALING, SCREENING AND SEAL COATING This Third Amendment to Joint Powers Agreement ( "Third Amendment ") is by and between the cities of Anoka, Andover, Brooklyn Center, Columbia Heights, Coon Rapids, East Bethel, Fridley, and Ham Lake (hereinafter individually the "City" and collectively the "Cities ") WHEREAS, the Cities shall collectively be known as the North Metro Regional Street Maintenance Consortium. WHEREAS, on February 1, 2005 the cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights and Fridley entered into a Joint Powers Agreement pursuant to Minn. Stat. §471.59 for the purpose of combining together for bidding purposes for street maintenance services (hereinafter the "Joint Powers Agreement "); and WHEREAS, the City of Ham Lake joined the Joint Powers Agreement in February, 2006 by an agreement entitled First Amendment to Joint Powers Agreement (hereinafter the "First Amendment "); and WHEREAS, the Cities in the First Amendment, paragraph 3, authorized the City of Coon Rapids to allow a new member City to join the Joint Powers Agreement when, in its sole discretion, the City of Coon Rapids determines that it is in the best interest of the Cities to allow the new member City to join; and WHEREAS, the City of East Bethel joined the joint Powers Agreement in February, 2008 by agreement entitled Second Amendment to Joint Powers Agreement (hereinafter the "Second Amendment "); and WHEREAS, the City of Anoka wishes to join the Joint Powers Agreement and the City of Coon Rapids has determined that it is in the best interest of the Cities to allow Anoka to join. NOW, THEREFORE, by virtue of the powers granted by law and in consideration of the mutual covenants and agreements of the parties hereto, it is agreed as follows: Definitions. All capitalized terms, not otherwise separately defined herein, shall have the meanings ascribed to them in the Joint Powers Agreement. 2. Addition of Anoka. As of the date hereof, the City of Anoka shall become a party to the Joint Powers Agreement and shall assume all the responsibilities and liabilities of the parties thereunder. Full Force and Effect. Except as expressly amended herein, the terns and provision contained in the Joint Powers Agreement shall continue to govern the rights and obligations of the Cities, and the Joint Powers Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City of Coon Rapids and the City of Anoka have caused this Amendment to be executed by the duly authorized officers of their respective governing bodies as of the z.3 day of.. /-' , 2010. The City of Coon Rapids shall provide written notice of the addition of the City of Anoka within 20 days of the execution of this Third Amendment. CITY OF CO N IDS By. Tim fiowe, Mayor By: l- r MaA Fulton, City Manager Approved as to form: r , toil " Coon Rapids City Attorney CITY OF ANOKA By: C Phil k'ce, Mayor .0 TimCruikshank, City Manager FOURTH AMENDMENT TO JOINT POWERS AGREEMENT TRAFFIC MARKINGS, STREET SWEEPING CRACK SEALING, SCREENING AND SEAL COATING This Fourth Amendment to Joint Powers Agreement ( "Fourth Amendment ") is by and between the cities of Anoka, Andover, Brooklyn Center, Columbia Heights, Coon Rapids, East Bethel, Fridley, Ham Lake and Mahtomedi (hereinafter individually the "City" and collectively the "Cities "). WHEREAS, the Cities shall collectively be known as the North Metro Regional Street Maintenance Consortium. WHEREAS, on February 1, 2005 the cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights and Fridley entered into a Joint Powers Agreement pursuant to Minn. Stat. §471.59 for the purpose of combining together for bidding purposes for street maintenance services (hereinafter the "Joint Powers Agreement "); and WHEREAS, the City of Ham Lake joined the Joint Powers Agreement in February, 2006 by an agreement entitled First Amendment to Joint Powers Agreement (hereinafter the "First Amendment "); and WHEREAS, the Cities in the First Amendment, paragraph 3, authorized the City of Coon Rapids to allow a new member City to join the Joint Powers Agreement when, in its sole discretion, the City of Coon Rapids determines that it is in the best interest of the Cities to allow the new member City to join; and WHEREAS, the City of East Bethel joined the joint Powers Agreement in February, 2008 by agreement entitled Second Amendment to Joint Powers Agreement (hereinafter the "Second Amendment "); and WHEREAS, the City of Anoka joined the joint Powers Agreement in March, 2010 by agreement entitled Third Amendment to Joint Powers Agreement (hereinafter the "Third Amendment "); and WHEREAS, the City of Mahtomedi wishes to join the Joint Powers Agreement and the City of Coon Rapids has determined that it is in the best interest of the Cities to allow Mahtomedi to join. NOW, THEREFORE, by virtue of the powers granted by law and in consideration of the mutual covenants and agreements of the parties hereto, it is agreed as follows: I. Definitions. All capitalized terms, not otherwise separately defined herein, shall have the meanings ascribed to them in the Joint Powers Agreement. 2. Addition of Mahtomedi. As of the date hereof, the City of Mahtomedi shall become a party to the Joint Powers Agreement and shall assume all the responsibilities and liabilities of the parties thereunder. 3. Full Force and Effect. Except as expressly amended herein, the terms and provision contained in the Joint Powers Agreement shall continue to govern the rights and obligations of the Cities, and the Joint Powers Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City of Coon Rapids and the City of Mahtomedi have caused this Amendment to be executed by the duly authorized officers of their respective fi governing bodies as of the Z13 day of 2010. The City of Coon Rapids shall provide written notice of the addition of the City of Mahtomedi within 20 days of the execution of this Fourth Amendment. CITY OF COON RAPIDS B Tim Howe, Mayor By: Z-2K Ma Fulton, City Manager CITY OF MAHTOMEDI By: e7�' Judson Marshall, May01- By: 5YA cott Neilson, City Manager Approved as to Stoney L.1 {iljus Coon Ra ,ds City Attorney FIFTH AMENDMENT TO JOINT POWERS AGREEMENT TRAFFIC MARKINGS, STREET SWEEPING CRACK SEALING, SCREENING AND SEAL COATING This Fifth Amendment to Joint Powers Agreement ( "Fifth Amendment ") is by and between the cities of Anoka, Andover, Brooklyn Center, Circle Pines, Columbia Heights, Coon Rapids, East Bethel, Fridley, Ham Lake, and Mahtomcdi and (hereinafter individually the "City" and collectively the "Cities ") WHEREAS, the Cities shall collectively be known as the North Metro Regional Street Maintenance Consortium. WIIEREAS, on February 1, 2005 the cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights and Fridley entered into a Joint Powers Agreement pursuant to Minn. Stat. §471.59 for the purpose of combining together for bidding purposes for street maintenance services (hereinafter the "Joint Powers Agreement "); and WHEREAS, the City of Ham Lake joined the Joint Powers Agreement in February, 2006 by an agreement entitled First Amendment to Joint Powers Agreement (hereinafter the "First Amendment'); and WHEREAS, the Cities in the First Amendment, paragraph 3, authorized the City of Coon Rapids to allow a new member City to join the Joint Powers Agreement when, in its sole discretion, the City of Coon Rapids determines that it is in the best interest of the Cities to allow the new member City to join; and WHEREAS, the City of East Bethel joined the Joint Powers Agreement in February, 2008 by agreement entitled Second Amendment to Joint Powers Agreement (hereinafter the "Second Amendment'); and WHEREAS, the City of Anoka joined the Joint Powers Agreement in March, 2010 by agreement entitled Third Amendment to Joint Powers Agreement (hereinafter the "Third Amendment "); and WHEREAS, the City of Mahtomedi joined the Joint Powers Agreement in January, 2011 by agreement entitled Fourth Amendment to Joint Powers Agreement (hereinafter the "Fourth Amendment "); and WHEREAS, the City of Circle Pines wishes to join the Joint Powers Agreement and the City of Coon Rapids has determined that it is in the best interest of the Cities to allow City of Circle Pines to join. NOW, TIIEREFORE, by virtue of the powers granted by law and in consideration of the mutual covenants and agreements of the parties hereto, it is agreed as follows: Definitions. All capitalized terns, not otherwise separately defined herein, shall have the meanings ascribed to them in the Joint Powers Agreement. Addition of Circle Pines. As of the date hereof, the City of Circle Pines shall become a party to the Joint Powers Agreement and shall assume all the responsibilities and liabilities of the parties thereunder. 3. Full Force and Effect. Except as expressly amended herein, the terns and provision contained in the Joint Powers Agreement shall continue to govern the rights and obligations of the Cities, and the Joint Powers Agreement shall remain in frill force and effect. [Signatures on following pogel IN WITNESS WHEREOF, the City of Coon Rapids and the City of Circle Pines have caused this Amendment to be executed by the duly authorized officers of their respective governing bodies as of the 1,51"day of _ Mare h P 2011. The City of Coon Rapids shall provide written notice of the addition of the City of Circle Pines within 20 days of the execution of this Fifth Amendment, CITY OF RAPIDS IIowe, Mayor" By: �1_� FL Maf FL Approved as to — -:�i Stoney L. ilJ Coon Rauid _, �F'�' •,fir: , . ;��� . r� City m*1- .' Al Attorney CITY OF CIRCLE PINES By: avid Bartholomay, Ma or By. 1 c ames Keinath, City Administrator SIXTH AMENDMENT TO JOINT POWERS AGREEMENT TRAFFIC MARKINGS, STREET SWEEPING CRACK SEALING, SCREENING AND SEAL COATING This Sixth Amendment to Joint Powers Agreement ( "Sixth Amendment ") is by and between the cities of Anoka, Andover, Brooklyn Center, Circle Pines, Columbia Heights, Coon Rapids, East Bethel, Fridley, Ham Lake, and Mahtomedi and (hereinafter individually the "City" and collectively the "Cities ") WHEREAS, the Cities shall collectively be known as the North Metro Regional Street Maintenance Consortium. WHEREAS, on February 1, 2005 the cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights and Fridley entered into a Joint Powers Agreement pursuant to Minn. Stat. §471.59 for the purpose of combining together for bidding purposes for street maintenance services (hereinafter the "Joint Powers Agreement "); and WHEREAS, the City of Ham Lake joined the Joint Powers Agreement in August, 2006 by an agreement entitled First Amendment to Joint Powers Agreement (hereinafter the "First Amendment "); and WHEREAS, the Cities in the First Amendment, paragraph 3, authorized the City of Coon Rapids to allow a new member City to join the Joint Powers Agreement when, in its sole discretion, the City of Coon Rapids determines that it is in the best interest of the Cities to allow the new member City to join; and WHEREAS, the City of East Bethel joined the Joint Powers Agreement in February, 2008 by agreement entitled Second Amendment to Joint Powers Agreement (hereinafter the "Second Amendment "); and WHEREAS, the City of Anoka joined the Joint Powers Agreement in March, 2010 by agreement entitled Third Amendment to Joint Powers Agreement (hereinafter the "Third Amendment "); and WHEREAS, the City of Mahtomedi joined the Joint Powers Agreement in January, 2011 by agreement entitled Fourth Amendment to Joint Powers Agreement (hereinafter the "Fourth Amendment "); and WHEREAS, the City of Circle Pines joined the Joint Powers Agreement in March, 2011, By agreement entitled Fifth Amendment to Joint Powers Agreement (hereinafter the "Fifth Amendment "); and WHEREAS, the Cities met on December 2, 2014 and agreed to amend the opting out period in the Joint Powers Agreement. NOW, THEREFORE, by virtue of the powers granted by law and in consideration of the mutual covenants and agreements of the parties hereto, it is agreed as follows: Dclinitiom. All capitalized terms, not otherwise separately defined herein, shall have the meanings ascribed to them in the Joint Powers Agreement. Opting Out. Paragraph 4 of the Joint Powers Agreement is hereby amended to the parties hereto recognize that municipal funding sources and spending priorities may change throughout the bidding and award process. In recognition thereof, within thirty (30) days after a bid has been awarded, a City may opt out of any individual bid award and contract by providing written notice to the Director of Public Works, City of Coon Rapids, 11155 Robinson Drive, Coon Rapids, MN 55433. 3. Full Force and Effect. Except as expressly amended herein, the terms and provision contained in the Joint Powers Agreement and its Amendments shall continue to govern the rights and obligations of the Cities, and the Joint Powers Agreement and its Amendments shall remain in full force and effect. [Signatures on followingpages] Dated: CITY OF COLUMBIA E]l HTS By: l` . ayor r 'y Yc�cCi #y Mana age SEVENTH AMENDMENT TO JOINT POWERS AGREEMENT TRAFFIC MARKINGS, STREET SWEEPING CRACK SEALING, SCREENING AND SEAL COATING This Seventh Amendment to Joint Powers Agreement ( "Seventh Amendment ") is by and between the cities of Andover, Anoka, Brooklyn Center, Circle Pines, Columbia Heights, Coon Rapids, East Bethel, Fridley, Hain Lake, and Mahtomedi and (hereinafter individually the "City" and collectively the "Cities "). WHEREAS, the Cities shall collectively be known as the North Metro Regional Street Maintenance Consortium. WHEREAS, on February 1, 2005 the cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights and Fridley entered into a Joint Powers Agreement pursuant to Minn. Stat. §471.59 for the purpose of combining together for bidding purposes for street maintenance services (hereinafter the "Joint Powers Agreement "); and WHEREAS, the City of Ham Lake joined the Joint Powers Agreement in August, 2006 by an agreement entitled First Amendment to Joint Powers Agreement (hereinafter the "First Amendment "); and WHEREAS, the Cities in the First Amendment, paragraph 3, authorized the City of Coon Rapids to allow a new member City to join the Joint Powers Agreement when, in its sole discretion, the City of Coon Rapids determines that it is in the best interest of the Cities to allow the new member City to join; and WHEREAS, the City of East Bethel joined the Joint Powers Agreement in February, 2008 by agreement entitled Second Amendment to Joint Powers Agreement (hereinafter the "Second Amendment "); and WHEREAS, the City of Anoka joined the Joint Powers Agreement in March, 2010 by agreement entitled Thud Amendment to Joint Powers Agreement (hereinafter the "Third Amendment "); and WHEREAS, the City of Mahtomedi joined the Joint Powers Agreement in January, 2011 by agreement entitled Fourth Amendment to Joint Powers Agreement (hereinafter the "Fourth Amendment "); and WHEREAS, the City of Circle Pines joined the Joint Powers Agreement in March, 2011, by agreement entitled Fifth Amendment to Joint Powers Agreement (hereinafter the "Fifth Amendment "); and WHEREAS, the opting out period described in Paragraph 4 was reduced to 30 days in February, 2015, by agreement entitled Sixth Amendment to Joint Powers Agreement (hereinafter the "Sixth Amendment "); and WHEREAS, the Cities met on October 28, 2016 and agreed to combine the 20 -day comment period and the 30 -day opting out period in the Joint Powers Agreement. NOW, THEREFORE, by virtue of the powers granted by law and in consideration of the mutual covenants and agreements of the parties hereto, it is agreed as follows: Definitions. All capitalized terms, not otherwise separately defined herein, shall have the meanings ascribed to them in the Joint Powers Agreement. Bid and Award. Paragraph 3 of the Joint Powers Agreement is hereby amended to "After receiving the bid quantities from each participating City, Coon Rapids shall prepare final plans and specifications and advertise for bids in accordance with state law. Coon Rapids shall tabulate the bids upon their receipt and make a recommendation of award to the Cities. The Cities shall have (30) days after receipt of the recommendation of award to provide Coon Rapids with written approval or rejection of Coon Rapids' recommendation of award. Cities that reject or fail to respond to Coon Rapids' recommendation shall be excluded from the bid award. After receiving the approvals described herein, Coon Rapids shall award the street maintenance contracts pursuant to state law." Opting Out. Paragraph 4 of the Joint Powers Agreement is hereby amended to "The parties hereto recognize that municipal funding sources and spending priorities may change throughout the bidding and award process. In recognition thereof, within thirty (30) days after receipt of the recommendation of award, prior to the award of contracts, a City may opt out of any individual bid award and contract by providing written notice to the Director of Public Works, City of Coon Rapids, 11155 Robinson Drive, Coon Rapids, MN 55433." 4. Full Force and Effect. Except as expressly amended herein, the terms and provision contained in the Joint Powers Agreement and its Amendments shall continue to govern the rights and obligations of the Cities, and the Joint Powers Agreement and its Amendments shall remain in full force and effect. [Signatures on following pages] IN WITNESS WHEREOF, the cities of Andover, Anoka, Brooklyn Center, Circle Pines, Columbia Heights, Coon Rapids, East Bethel, Fridley, Hain Lake, and Mahtomedi have caused this Amendment to be executed by the duly authorized officers of their respective governing bodies. Dated:, -Cf, h r'L/CCLL' Approved as to form: By: 1 David Brodie, City Attorney City of Coon Rapids 11155 Robinson Drive Coon Rapids MN 55433 CITY OF COON RAPIDS B � Y: e� ZcI4 Je y Koch, ayor By: Matt S 6 vedcl, City Manager Dated: 312-1117 CITY OF ANDOVER By, ���._ ■E Administrator Dated: 03 -06 -2017 CITY OF ANOKA LW a City Clerk Dated; u � CITY OF BROOKLYN CENTER By, Mayor By: A, ty anager Dated CITY �`,`� CITY OF CIRCLE PINES � .,l— By: ayor By: City Administrator Dated: F B.Un,?y—j-3-r a n j-77 CITY OF COLUMBIA HEIGHTS By: AJ�V1/V1�Q� f Donna Schmitt, Mayor By: Walte Fehk, City anager Dated: �1 CITY OF + HE B Mayor By: 0 rAdmiridsjtrator Dated: z z 4-7 CITY OF FRIDLEY Scott J. Lu d, syor By: AIV Walter T. WysopaP, ity Manager Dated' °1 CITY OF HAM LAKE . e By, Michael G. Vail Kirk, Mayor By: ` � Denise Webster, City Clerk Dated: r CITY OF MAHTOMEDY By: (� Mayor ` By: (�� dnainistrator EIGHTH AMENDMENT TO JOINT POWERS AGREEMENT TRAFFIC MARKINGS, STREET SWEEPING CRACK SEALING, SCREENING AND SEAL COATING This Eighth Amendment to Joint Powers Agreement ( "Eighth Amendment ") is by and between the cities of Andover, Anoka, Brooklyn Center, Circle Pines, Columbia Heights, Coon Rapids, East Bethel, Fridley, Ham Lake, Mahtomedi, and Mounds View (hereinafter individually the "City" and collectively the "Cities "). WHEREAS, the Cities shall collectively be known as the North Metro Regional Street Maintenance Consortium. WHEREAS, on February 1, 2005 the cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights and Fridley entered into a Joint Powers Agreement pursuant to Minn. Stat. §471.59 for the purpose of combining together for bidding purposes for street maintenance services (hereinafter the "Joint Powers Agreement "); and WHEREAS, the City of Hain Lake joined the Joint Powers Agreement in August, 2006 by an agreement entitled First Amendment to Joint Powers Agreement (hereinafter the "First Amendment "); and WHEREAS, the Cities in the First Amendment, paragraph 3, authorized the City of Coon Rapids to allow a new member City to join the Joint Powers Agreement when, in its sole discretion, the City of Coon Rapids determines that it is in the best interest of the Cities to allow the new member City to join; and WHEREAS, the City of East Bethel joined the Joint Powers Agreement in February, 2008 by agreement entitled Second Amendment to Joint Powers Agreement (hereinafter the "Second Amendment "); and WHEREAS, the City of Anoka joined the Joint Powers Agreement in March, 2010 by agreement entitled Third Amendment to Joint Powers Agreement (hereinafter the "Third Amendment "); and WHEREAS, the City of Mahtomedi joined the Joint Powers Agreement in January, 2011 by agreement entitled Fourth Amendment to Joint Powers Agreement (hereinafter the "Fourth Amendment "); and WHEREAS, the City of Circle Pines joined the Joint Powers Agreement in March, 2011, by agreement entitled Fifth Amendment to Joint Powers Agreement (hereinafter the "Fifth Amendment "); and WHEREAS, the opting out period described in Paragraph 4 was reduced to 30 days in February, 2015, by agreement entitled Sixth Amendment to Joint Powers Agreement (hereinafter the "Sixth Amendment "); and WHEREAS, the comment period described in Paragraph 3 and the opting out period described in Paragraph 4 were combined to one 30 -day period after receipt of the recommendation of award in February, 2017, by agreement entitled Seventh Amendment to Joint Powers Agreement (hereinafter the "Seventh Amendment "); and WHEREAS, the City of Mounds View wishes to join the Joint Powers Agreement and the City of Coon Rapids has determined that it is in the best interest of the Cites to allow the City of Mounds View to join. NOW, THEREFORE, by virtue of the powers granted by law and in consideration of the mutual covenants and agreements of the parties hereto, it is agreed as follows: Definitions. All capitalized terms, not otherwise separately defined herein, shall have the meanings ascribed to them in the Joint Powers Agreement. Addition of Mounds View. As of the date hereof, the City of Mounds View shall become a party to the Joint Powers Agreement and shall assume all the responsibilities and liabilities of the parties thereunder. 3. Full Force and Effect. Except as expressly amended herein, the terms and provision contained in the Joint Powers Agreement and its Amendments shall continue to govern the rights and obligations of the Cities, and the Joint Powers Agreement and its Amendments shall remain in full force and effect. IN WITNESS WHEREOF, the City of Coon Rapids and the City of Mounds View have caused this Amendment to be executed by the duly authorized officers of their respective governing bodies as of the 21 day of F Glo ►'u cL , 2017. The City of Coon Rapids shall provide written notice of the addition of the City of Mounds View within 20 days of the execution of this Eighth Amendment. CITY OF COON RAPIDS By: Jerr Koch, ayor r By: _ I att S ey wedel, City Manager Approved as to form: By: David Brodie, City Attorney City of Coon Rapids 11155 Robinson Drive Coon Rapids MN 55433 CITY OF MOUNDS VIEW By: C 5ee N6KT ph C. Carol A. Mueller, Mayor i James Ericson, City Administrator 2. Addition of Mounds View. As of the date hereof, the City of Mounds View shall become a party to the Joint Powers Agreement and shall assume all the responsibilities and liabilities of the parties thereunder. 3. Full Force and Effect. Except as expressly amended herein, the terms and provision contained in the Joint Powers Agreement and its Amendments shall continue to govern the rights and obligations of the Cities, and the Joint Powers Agreement and its Amendments shall remain in full force and effect. IN WITNESS WHEREOF, the City of Coon Rapids and the City of Mounds View have caused this Amendment to be executed by the duly authorized officers of their respective governing bodies as of the day of . 2017. The City of Coon Rapids shall provide written notice of the addition of the City of Mounds View within 20 days of the execution of this Eighth Amendment. CITY OF COON RAPIDS By: C S e E Pglof- PA-GC —_ )_ - Jerry Koch, Mayor IN Matt Stemwedel, City Manager Approved as to form: LIZ David Brodie, City Attorney City of Coon Rapids 11155 Robinson Drive Coon Rapids MN 55433 CITY OF MOUNDS VIEW By: -Z"ej�wlz Carol A. Muell r, Mayor By: amen Ericson, City A rninistrator NINTH AMENDMENT TO JOINT POWERS AGREEMENT TRAFFIC MARKINGS, STREET SWEEPING CRACK SEALING, SCREENING AND SEAL COATING This Ninth Amendment to Joint Powers Agreement ( "Ninth Amendment ") is by and between the cities of Andover, Anoka, Arden Hills, Brooklyn Center, Circle Pines, Columbia Heights, Coon Rapids, East Bethel, Fridley, Ham Lake, Mahtomedi, Mounds View, and St. Francis (hereinafter individually the "City" and collectively the "Cities "). WHEREAS, the Cities shall collectively be known as the North Metro Regional Street Maintenance Consortium. WHEREAS, on February 1, 2005 the cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights and Fridley entered into a Joint Powers Agreement pursuant to Minn. Stat. §471.59 for the purpose of combining together for bidding purposes for street maintenance services (hereinafter the "Joint Powers Agreement "); and WHEREAS, the City of Ham Lake joined the Joint Powers Agreement in August, 2006 by an agreement entitled First Amendment to Joint Powers Agreement (hereinafter the "First Amendment "); and WHEREAS, the Cities in the First Amendment, paragraph 3, authorized the City of Coon Rapids to allow a new member City to join the Joint Powers Agreement when, in its sole discretion, the City of Coon Rapids determines that it is in the best interest of the Cities to allow the new member City to join; and WHEREAS, the City of East Bethel joined the Joint Powers Agreement in February, 2008 by agreement entitled Second Amendment to Joint Powers Agreement (hereinafter the "Second Amendment "); and WHEREAS, the City of Anoka joined the Joint Powers Agreement in March, 2010 by agreement entitled Third Amendment to Joint Powers Agreement (hereinafter the "Third Amendment "); and WHEREAS, the City of Mahtomedi joined the Joint Powers Agreement in January, 2011 by agreement entitled Fourth Amendment to Joint Powers Agreement (hereinafter the "Fourth Amendment "); and WHEREAS, the City of Circle Pines joined the Joint Powers Agreement in March, 2011, by agreement entitled Fifth Amendment to Joint Powers Agreement (hereinafter the "Fifth Amendment "); and WHEREAS, the opting out period described in Paragraph 4 was reduced to 30 days in February, 2015, by agreement entitled Sixth Amendment to Joint Powers Agreement (hereinafter the "Sixth Amendment "); and WHEREAS, the comment period described in Paragraph 3 and the opting out period described in Paragraph 4 were combined to one 30 -day period after receipt of the recommendation of award in February, 2017, by agreement entitled Seventh Amendment to Joint Powers Agreement (hereinafter the "Seventh Amendment "); and WHEREAS, the City of Mounds View joined the Joint Powers Agreement in February, 2017, by agreement entitled Eighth Amendment to Joint Powers Agreement (hereinafter the "Eighth Amendment "); and WHEREAS, the City of Arden Hills and the City of St. Francis wish to join the Joint Powers Agreement and the City of Coon Rapids has determined that it is in the best interest of the Cites to allow the City of Arden Hills and the City of St. Francis to join. NOW, THEREFORE, by virtue of the powers granted by law and in consideration of the mutual covenants and agreements of the parties hereto, it is agreed as follows: 1. Definitions. All capitalized terms, not otherwise separately defined herein, shall have the meanings ascribed to them in the Joint Powers Agreement. 2. Addition of Arden Hills and St. Francis. As of the date hereof, the City of Arden Hills and the City of St. Francis shall become party to the Joint Powers Agreement and shall assume all the responsibilities and liabilities of the parties thereunder. 3. Full Force and Effect. Except as expressly amended herein, the terms and provision contained in the Joint Powers Agreement and its Amendments shall continue to govern the rights and obligations of the Cities, and the Joint Powers Agreement and its Amendments shall remain in full force and effect. IN WITNESS WHEREOF, the City of Coon Rapids and the Cities of Arden Hills and St. Francis have caused this Amendment to be executed by the duly authorized officers of their respective governing bodies. The City of Coon Rapids shall provide written notice of the addition of the Cities of Arden Hills and St. Francis within 20 days of the execution of this Ninth Amendment. Dated: CITY OF COON RAPIDS By: . C, e �' /&/� Je Koch, ayor By: Mat( Ste el, City Manager Approved as to form: By: David Brodie, City Attorney City of Coon Rapids 11155 Robinson Drive Coon Rapids MN 55433 Dated: ! '�� i CITY OF ARDEN HILLS By: David Grant, Mayor By: Aj /No- Willialix. J y s, Sr., City mhii tr or Dated- 1 a/ o,-;7 /a ©r7 CITY OF ST. FRANCIS By; A�L teve Feldman, Mayor By :(E__� /1 �.•-�C��-- _ ,._ ___ Joe Kohlmann, City Administrator