Watertown City Council

Transcription

1 City of Watertown Agenda Item: Request for Action: Department: Watertown City Council Review and Consider Library Remodel Memorandum of Agreement Request for Action Consider the 2013 Library Remodel Memorandum of Agreement for improvements scheduled for May 2013 Luke Fischer, City Administrator Background: The City of Watertown and the Carver County Library entered into a Joint Powers Agreement (JPA) on March 1, The JPA describes the foundational arrangement between the City and County and defines responsibility for operations, space requirements, and other questions. At a high level, the City is responsible for the building and the library is responsible for the operations and contents. On January 22, 2013, the Watertown City Council heard an update from the Carver County Library Director, Nick Dimassis about a planned remodel of the Watertown Library. The proposed improvements would increase the amount of technology available to library patrons by means of additional computers, access to new databases, and simpler self-checkout. Conceptually, both the City and County would contribute to the cost associated with the approximate $190,000 project. When the Council last discussed the project, there was consensus that the City would contribute $50,000 to remodel the space. Mr. Dimassis presented this information to the Carver County Board for consideration on February 5, 2013 (video available online at Library related discussion begins at 8:30). The Carver County Board unanimously approved the project scope and authorized the remodel to proceed. The improvements are planned to begin on May 1 st and slated for completion by May 30 th. The intent behind the timing is to ensure that the library is returned to service for June summer reading programs. In order to proceed, the City must to enter into a Memorandum of Agreement (MOA Attached). The MOA defines project scope, anticipated timing, payment schedules, and agency responsibilities. Carver County is the lead agency and the City of Watertown will take on a funding role in the project. Staff recommends approval of the MOA and requests authorization to proceed with the project. Public Involvement: The Library will hold a Public Input session on February 14, 2013 at 4:00 at the Watertown Library. The public is encouraged to attend this meeting. Attachments: Memorandum of Understanding Joint Powers Agreement 1975 Concept Plan

2 AGREEMENT BETWEEN CARVER COUNTY AND CITY OF WATERTOWN FOR LIBRARY REMODEL This Agreement is entered into by and between the County of Carver, 600 East 4 th Street, Chaska, Minnesota 55318, through Administrative Services Division, (hereafter County ) and City of Watertown, 309 Lewis Avenue S, Watertown, MN (hereafter City ). RECITALS WHEREAS, on March 1, 1975, the Carver County Library Board and the City of Watertown entered into a Joint Powers Agreement pursuant to the authority granted by Minnesota Statute wherein the Carver County Library Board established a branch of its library system within the corporate limits of Watertown in the building known as City Hall located at Watertown, MN ( JPA Agreement ); and WHEREAS, the City owns the library building located at 309 Lewis Avenue S., Watertown, MN ( Library ) and the County owns the contents inside the library (library material, shelving, equipment, etc.) and operates the Library per the JPA Agreement; and WHEREAS, the County and City mutually desire to remodel the existing 3,700 square foot Library; and WHEREAS, there are funds available for this project. NOW THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the County, and the City agree as follows: 1. TERM AND COST OF THE REMODELING PROJECT A. Project Scope: The scope of the Library remodel project includes flooring, paint, lighting, furniture (new and reused), technology (computers, etc.), construction services and architectural service in accordance with the Concept Plan December 21, 2012 from Leo A. Daly attached hereto and incorporated herein as Exhibit A ( Project ). The County will finalize layouts, materials and designs with input from the City and incorporate the City s suggestions to the extent reasonably possible. B. Cost Contributions. The estimated cost of the the Library Remodeling Project is $190,000. The City shall contribute $50,000 toward the Project as follows: $25,000 payment to the County upon the issuance of a building permit for the Project and $25,000 upon the issuance of the Certificate of Occupancy. The County shall be responsible for the remainder of 1

3 the Project cost through County funds and/or private donations. In the event the Project costs are less than $190,000 the parties agree to share the cost savings on a pro rata basis, with the City receiveing 26% of the savings and the County receiving 74% of the savings. If the project costs exceed $190,000, the County will promptly notify the City. It shall be within the City s discretion whether to increase its contribution. The City s obligation of $50,000 may be changed only by a written amendment, as described in section 6B of this agreement. C. Project Deadline The County shall complete the Project by no later than December 31, In the event the Project is not completed by December 31, 2013, or the Project is suspended or terminated, the City shall be entitled to reimbursement of any of its funds contributed to the Project within 30 days of written demand. D. Ownership of Project Improvements: 2. Upon the termination of this Agreement or the JPA Agreement, the parties agree that the City and the County shall be entitled to retain all property and permanent Project improvements made to the Library, in a manner consistent with the terms of the underlying Joint Powers Agreement. AGREEMENT TERM This agreement is effective upon execution and approval by the appropriate City and County officials. This agreement will remain in effect until all terms have been fulfilled or December 31, 2013, whichever is earlier unless terminated or amended pursuant to paragraph herein.. 3. PROJECT MANAGEMENT County will serve as the lead agency to manage and complete the Project. This includes contracting with architects, contractors and service providers. The City of Watertown shall not be a party to the Project contracts. The County shall require the Project contractor(s) to provide both payment and performance bonds for 100 percent of the Project construction costs in favor of the County and the City. The County shall also require the Project contractor(s) to purchase and maintain insurance in an amount and form that is reasonably satisfactory to the City s counsel. The City shall be entitled to review the Project bid documents to determine compliance with this section prior to bid. Certificates of insurance acceptable to the City shall be filed with the City prior to commencement of the Project work. 4. LIABILITY 2

4 Each party will be responsible for the negligent acts and omissions of its officials, agents, and employees, and the results thereof, in carrying out the terms of this Agreement, to the extent authorized by law and will not be responsible for the negligent acts and omissions of the other party and the results thereof. The County s and City s liability will be governed by Minnesota Statute Chapter 466, and other applicable law. For purposes of determining total liability for damages, the participating governmental units are considered to be a single governmental unit, the total liability of which will not exceed the limits for a single governmental unit as provided in Minnesota Statutes (subd. 1). Minnesota Statutes (subd. 1a) will apply to and govern claims against the County and the City. 5. DATA PRACTICES All data collected, created, received, maintained, or disseminated in any form, for any purposes by the activities of City and County because of this contract is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules promulgated pursuant to Chapter 13. The person responsible for release of all data under this Agreement shall be the Division Director of the County employee identified in provision MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are presumed to be incorporated or attached and are deemed to be part of this Agreement. Where the incorporated terms differ with the terms of this Agreement, the terms of this Agreement shall control. B. Any material alteration, modification, or variation shall be reduced to writing as an amendment and signed by the parties. 7. TERMINATION This Agreement may be terminated only by mutual written agreement of the parties. The County and the City agree to attempt to resolve quickly all matters related to uncontrollable circumstances and use all reasonable efforts to mitigate its effects. 8. AUTHORIZED REPRESENTATIVES Each party s Authorized Representative will have the authority to make decisions concerning the administration of this Agreement and to give and receive any notices required or permitted by this Agreement. The County s authorized representative is Steven Taylor, Assistant County Administrator, 600 E 4 th St., Chaska, MN 55318, (952)

5 The City s authorized representative is Luke Fischer, City Administrator, 309 Lewis Avenue S, Watertown, MN 55388, (952) lfischer@ci.watertown.mn.us. 9. ASSIGNMENT No party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other Parties and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 10. NONWAIVER, SEVERABILITY & APPLICABLE LAWS A. Nonwaiver. Nothing in this Agreement shall constitute a waiver by the County of any statute of limitations or exceptions on liability. If the County does not enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. B. Severability. If any part of this Agreement is rendered void, invalid or unenforceable, by a court of competent jurisdiction, such rendering shall not affect the remainder of this Agreement unless it shall substantially impair the value of the entire Agreement with respect to either party. The parties agree to substitute for the invalid provision a valid provision that most closely approximates the intent of the invalid provision. C. Applicable Laws. The Laws of the State of Minnesota shall apply to this Agreement. The Parties shall abide by all Federal, State, or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this Agreement. 11. SECTION HEADINGS The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. 12. THIRD PARTIES This Agreement does not create any rights, claims or benefits inuring to any person that is not a party hereto nor create or establish any third party beneficiary. City, having signed this Agreement, and the Carver County Board of Commissioners having duly approved such on the day of, 20 and pursuant to the proper County and City officials having signed this Agreement, the parties hereto agree to be bound by the provisions herein and attached. 4

6 CITY OF WATERTOWN STATE OF MINNESOTA Mayor/Date COUNTY OF CARVER STATE OF MINNESOTA Chairperson, County Board/Date City Administrator/Date County Administrator/Date Division Director/Date 5

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10 2H 2H 2H CHILDREN S BOOKS EASY BINS CREATIVE PLAY AREA PICTURE/ BOARD BOOKS EASY BINS 2H SERIES/FRIENDS BOOKS EASY NON-FICTION ADULT NON-FICTIONS STORAGE WORK RM. MUSIC DVD PARENTS READING ADULT FICTIONS PRINT/ COPY COLLABORATION STATIONS PRINT RELEASE LARGE PRINT BRAIN FITNESS CATALOGUE/ BROWSER NOOK CITY HALL SLATWALL LUCE LINE CIRC. DESK SIGN-IN SELF CHECK DVD/AUDIO/MOVIE HOLDS NEW BOOKS TEEN TEEN TEENS READING VESTIBULE LOUNGE READING MAIN ENTRY CONCEPTUAL PLAN SCALE 3/32 =

11 2H 2H 2H CHILDREN S BOOKS EASY BINS CREATIVE PLAY AREA PICTURE/ BOARD BOOKS EASY BINS 2H SERIES/FRIENDS BOOKS EASY NON-FICTION ADULT NON-FICTIONS STORAGE WORK RM. MUSIC DVD PARENTS READING ADULT FICTIONS PRINT/ COPY COLLABORATION STATIONS PRINT RELEASE LARGE PRINT BRAIN FITNESS CATALOGUE/ BROWSER NOOK CITY HALL SLATWALL LUCE LINE CIRC. DESK SIGN-IN SELF CHECK DVD/AUDIO/MOVIE HOLDS NEW BOOKS TEEN TEEN TEENS READING VESTIBULE LOUNGE READING MAIN ENTRY CONCEPTUAL PLAN SCALE 3/32 =

12 AGREEMENT BETWEEN CARVER COUNTY AND CITY OF WATERTOWN FOR LIBRARY REMODEL This Agreement is entered into by and between the County of Carver, 600 East 4 th Street, Chaska, Minnesota 55318, through Administrative Services Division, (hereafter County ) and City of Watertown, 309 Lewis Avenue S, Watertown, MN (hereafter City ). RECITALS WHEREAS, on March 1, 1975, the Carver County Library Board and the City of Watertown entered into a Joint Powers Agreement pursuant to the authority granted by Minnesota Statute wherein the Carver County Library Board established a branch of its library system within the corporate limits of Watertown in the building known as City Hall located at Watertown, MN ( JPA Agreement ); and WHEREAS, the City owns the library building located at 309 Lewis Avenue S., Watertown, MN ( Library ) and the County owns the contents inside the library (library material, shelving, equipment, etc.) and operates the Library per the JPA Agreement; and WHEREAS, the County and City mutually desire to remodel the existing 3,700 square foot Library; and WHEREAS, there are funds available for this project. NOW THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the County, and the City agree as follows: 1. TERM AND COST OF THE REMODELING PROJECT A. Project Scope: The scope of the Library remodel project includes flooring, paint, lighting, furniture (new and reused), technology (computers, etc.), construction services and architectural service in accordance with the Concept Plan December 21, 2012 from Leo A. Daly attached hereto and incorporated herein as Exhibit A ( Project ). The County will finalize layouts, materials and designs with input from the City and incorporate the City s suggestions to the extent reasonably possible. B. Cost Contributions. The estimated cost of the the Library Remodeling Project is $190,000. The City shall contribute $50,000 toward the Project as follows: $25,000 payment to the County upon the issuance of a building permit for the Project and $25,000 upon the issuance of the Certificate of Occupancy. The County shall be responsible for the remainder of 1

13 the Project cost through County funds and/or private donations. In the event the Project costs are less than $190,000 the parties agree to share the cost savings on a pro rata basis, with the City receiveing 26% of the savings and the County receiving 74% of the savings. If the project costs exceed $190,000, the County will promptly notify the City. It shall be within the City s discretion whether to increase its contribution. The City s obligation of $50,000 may be changed only by a written amendment, as described in section 6B of this agreement. C. Project Deadline The County shall complete the Project by no later than December 31, In the event the Project is not completed by December 31, 2013, or the Project is suspended or terminated, the City shall be entitled to reimbursement of any of its funds contributed to the Project within 30 days of written demand. D. Ownership of Project Improvements: 2. Upon the termination of this Agreement or the JPA Agreement, the parties agree that the City and the County shall be entitled to retain all property and permanent Project improvements made to the Library, in a manner consistent with the terms of the underlying Joint Powers Agreement. AGREEMENT TERM This agreement is effective upon execution and approval by the appropriate City and County officials. This agreement will remain in effect until all terms have been fulfilled or December 31, 2013, whichever is earlier unless terminated or amended pursuant to paragraph herein.. 3. PROJECT MANAGEMENT County will serve as the lead agency to manage and complete the Project. This includes contracting with architects, contractors and service providers. The City of Watertown shall not be a party to the Project contracts. The County shall require the Project contractor(s) to provide both payment and performance bonds for 100 percent of the Project construction costs in favor of the County and the City. The County shall also require the Project contractor(s) to purchase and maintain insurance in an amount and form that is reasonably satisfactory to the City s counsel. The City shall be entitled to review the Project bid documents to determine compliance with this section prior to bid. Certificates of insurance acceptable to the City shall be filed with the City prior to commencement of the Project work. 4. LIABILITY 2

14 Each party will be responsible for the negligent acts and omissions of its officials, agents, and employees, and the results thereof, in carrying out the terms of this Agreement, to the extent authorized by law and will not be responsible for the negligent acts and omissions of the other party and the results thereof. The County s and City s liability will be governed by Minnesota Statute Chapter 466, and other applicable law. For purposes of determining total liability for damages, the participating governmental units are considered to be a single governmental unit, the total liability of which will not exceed the limits for a single governmental unit as provided in Minnesota Statutes (subd. 1). Minnesota Statutes (subd. 1a) will apply to and govern claims against the County and the City. 5. DATA PRACTICES All data collected, created, received, maintained, or disseminated in any form, for any purposes by the activities of City and County because of this contract is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules promulgated pursuant to Chapter 13. The person responsible for release of all data under this Agreement shall be the Division Director of the County employee identified in provision MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are presumed to be incorporated or attached and are deemed to be part of this Agreement. Where the incorporated terms differ with the terms of this Agreement, the terms of this Agreement shall control. B. Any material alteration, modification, or variation shall be reduced to writing as an amendment and signed by the parties. 7. TERMINATION This Agreement may be terminated only by mutual written agreement of the parties. The County and the City agree to attempt to resolve quickly all matters related to uncontrollable circumstances and use all reasonable efforts to mitigate its effects. 8. AUTHORIZED REPRESENTATIVES Each party s Authorized Representative will have the authority to make decisions concerning the administration of this Agreement and to give and receive any notices required or permitted by this Agreement. The County s authorized representative is Steven Taylor, Assistant County Administrator, 600 E 4 th St., Chaska, MN 55318, (952)

15 The City s authorized representative is Luke Fischer, City Administrator, 309 Lewis Avenue S, Watertown, MN 55388, (952) lfischer@ci.watertown.mn.us. 9. ASSIGNMENT No party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other Parties and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 10. NONWAIVER, SEVERABILITY & APPLICABLE LAWS A. Nonwaiver. Nothing in this Agreement shall constitute a waiver by the County of any statute of limitations or exceptions on liability. If the County does not enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. B. Severability. If any part of this Agreement is rendered void, invalid or unenforceable, by a court of competent jurisdiction, such rendering shall not affect the remainder of this Agreement unless it shall substantially impair the value of the entire Agreement with respect to either party. The parties agree to substitute for the invalid provision a valid provision that most closely approximates the intent of the invalid provision. C. Applicable Laws. The Laws of the State of Minnesota shall apply to this Agreement. The Parties shall abide by all Federal, State, or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this Agreement. 11. SECTION HEADINGS The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. 12. THIRD PARTIES This Agreement does not create any rights, claims or benefits inuring to any person that is not a party hereto nor create or establish any third party beneficiary. City, having signed this Agreement, and the Carver County Board of Commissioners having duly approved such on the day of, 20 and pursuant to the proper County and City officials having signed this Agreement, the parties hereto agree to be bound by the provisions herein and attached. 4

16 CITY OF WATERTOWN STATE OF MINNESOTA Mayor/Date COUNTY OF CARVER STATE OF MINNESOTA Chairperson, County Board/Date City Administrator/Date County Administrator/Date Division Director/Date 5