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HomeMy WebLinkAbout2024-03-18 I01G_01 28E Agr_Clive_Emergency Water Service\AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: March 18, 2024 AGENDA ITEM:Consideration of approval of a resolution approving Intergovernmental Agreement between the City of Clive and the City of Waukee [Emergency Water Service] FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: The project involves an emergency connection between Clive and Waukee public water supply systems at the intersection of NW Alderleaf Drive and N Warrior Lane (the “Emergency Connection”). The Emergency Connection is a backup connection to be used if the Clive or Waukee public water supply is temporarily unavailable or limited. The Emergency Connection is intended to serve the portion of Clive lying north of Little Walnut Creek and west of Alice’s Road in the event of an emergency and serve the portion of Waukee lying north of Little Walnut Creek and west of N Warrior Lane in the event of an emergency. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: Clive is responsible for all costs associated with the design and construction of the Emergency Connection. Each City agrees to pay for water provided for any emergency at the current non-irrigation rate of the other respective party at the time of water use and will be billed monthly or by event as mutually agreed upon. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the Resolution. ATTACHMENTS: I. Resolution II. Intergovernmental Agreement PREPARED BY: Beth Richardson REVIEWED BY: Rudy Koester RK I1G1 THE CITY OF WAUKEE, IOWA RESOLUTION 2024- APPROVING INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF CLIVE, IOWA AND CITY OF WAUKEE, IOWA FOR EMERGENCY WATER SERVICE IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, an Intergovernmental Agreement, is proposed between the City of Clive, Iowa, a municipal corporation (“Clive”) and the City of Waukee, Iowa, an Iowa municipal corporation (“Waukee”) (City of Clive and City of Waukee together hereinafter referred to as the “Parties”); AND, WHEREAS, the Intergovernmental Agreement outlines the specifics for the Emergency Water Service; AND WHEREAS, the project involves an emergency connection between Clive and Waukee public water supply systems near the intersection of NW Alderleaf Drive and N Warrior Lane (the “Emergency Connection”). The Emergency Connection is a backup connection to be used if the Clive or Waukee public water supply is temporarily unavailable or limited. The Emergency Connection is intended to serve the portion of Clive lying north of Little Walnut Creek and west of Alice’s Road in the event of an emergency and serve the portion of Waukee lying north of Little Walnut Creek and west of N Warrior Lane in the event of an emergency; AND WHEREAS, each party agree to pay for water provided for any emergency use at the current non- irrigation rate of the other respective party at the time of water use and will be billed monthly or by event as mutually agreed upon; AND NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee approve an Intergovernmental Agreement between the City of Clive, Iowa and the City of Waukee, Iowa is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 18th day of March, 2024. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN R. Charles Bottenberg Chris Crone Rob Grove Anna Bergman Pierce Ben Sinclair 28E AGREEMENT EMERGENCY WATER SERVICE AGREEMENT BETWEEN THE CITY OF CLIVE AND THE CITY OF WAUKEE THIS AGREEMENT, made and entered into this ___ day of ____________, 2024, by and between the CITY OF CLIVE, IOWA (“Clive”), and the CITY OF WAUKEE, IOWA (“Waukee”). Clive and Waukee are collectively herein the “parties”. WITNESSETH: WHEREAS, Clive is currently in the process of constructing an emergency water connection between the Clive and Waukee systems, and; WHEREAS, Clive and Waukee desire to enter into this Agreement to set forth and to establish their agreement with respect to the design, construction, maintenance, and allocation of costs of the emergency water connection (the “Project”), and; WHEREAS, Clive and Waukee desire to set forth the respective responsibilities of each entity as a part of the Project; NOW, THEREFORE, it is agreed by and between the parties as follows: 1. 28E Agreement. Along with the recitals above, this Agreement is entered into in accordance with the provisions of the Code of Iowa, Chapter 28E. The purpose of this Agreement is to document the agreements of Clive and Waukee regarding the construction of an emergency water main connection to serve their respective public water distribution systems. This Agreement shall not be construed to create any separate legal or administrative entity. After execution by the parties, this Agreement shall be filed with the Iowa Secretary of State in accordance with the provisions of Iowa Code § 28E.8. 2. Description of Project. The Project that is the subject of this Agreement is a public improvement project involving an emergency connection between Clive and Waukee public water supply systems near the intersection of Northwest Alderleaf Drive and Warrior Lane (the “Emergency Connection”). The Emergency Connection is a backup connection to be used if the Clive or Waukee public water supply is temporarily unavailable or limited. The Emergency Connection is intended to serve the portion of Clive lying north of Little Walnut Creek and west of Alice’s Road in the event of an emergency and serve the portion of Waukee lying north of Little Walnut Creek and west of North Warrior Lane in the event of an emergency. This includes the connection to Waukee water main, installation of 8” water main, connection to Clive water main and associated appurtenances. 3. Lead Agency/Project Approval/Project Responsibilities. Clive will serve as the lead agency for the Project and will enter into the construction contract for the Project. Clive will be responsible for the daily construction administration of the Project. The connection between the Clive and Waukee public water system will be supervised and controlled by Clive in accordance with applicable law, regulations and standard practices. Clive hereby assumes all and sole responsibility for the distribution of water provided under this Agreement within the Clive water distribution system and Waukee within the Waukee distribution system. Clive hereby agrees to obtain all necessary permits and other Project approvals and to pay for all fees associated with said approvals. Clive will be responsible for all design and construction costs related to the Emergency Connection. Both parties acknowledge and understand that water quality standards are only assured up to the connection at the water valve west of Warrior Lane. All quality testing, remediation, and responsibility for water quality on either side of the valve is the sole responsibility of each respective party. Both parties shall indemnify, defend, protect and hold harmless the other party and their employees, officers, trustees, agents and servants from and against, and assumes liability for: (i) any injury, loss or damage to any person, tangible property or facilities of any person (including reasonable attorneys’ fees and costs) to the extent arising out of or resulting from the negligence, misconduct or errors, regardless of fault, of other party, jointly, severally or individually as a result of action or inaction of their officers, employees, servants, affiliates, agents, contractors, licensees, invitees and vendors arising out of or in connection with the performance by the other party of their joint, separate or individual obligations under this Agreement or for the Project; and (ii) any claims, liabilities or damages arising out of any violation by the other party of any applicable regulation, rule, statute, ordinance or court order under this Agreement or for the Project. This paragraph shall not be deemed to limit the right of either party to defend against any claim or the application of any and all available protections under state or federal law, including, but not limited to, the Iowa Tort Claims Act. 4. Purchase of Water. Upon the occurrence of an emergency by one party, the other party shall use its best efforts to provide all requested water using the Emergency Connection. Water provided under this Agreement shall be measured at an approximate basis agreed upon by both parties prior to use, when possible, and on a case-by-case basis. The parties hereby agree to pay for water provided for any emergency use at the current non-irrigation rate of the other respective party at the time of water use and will be billed monthly or by event if mutually agreed upon. No charges for water will occur for water used only for flushing purposes. Each party hereby agrees to waive any other associated water fees since this connection is only intended to be used for emergency purposes. 5. Ownership, Maintenance and Repairs. Clive will own and maintain all water main and appurtenances installed from the Clive connection westward up to and including the west main line gate valve on the Waukee side. Clive hereby agrees to respond to Iowa One Call tickets related to the Emergency Connection, up to and including the point of connection to the Waukee water main. 6. Operation. In normal conditions, the east gate valve on the Clive side of the main shall remain open and the west gate valve on the Waukee side of the main shall be fully closed. Section 12 of this Agreement provides an exhibit further depicting the normal conditions of the Project. These valves shall be manually operated during routine flushing or an emergency. Clive shall be the primary operator of valves during flushing operations. Clive shall notify Waukee prior to operating the valve on the Waukee side of Warrior Lane prior to flushing. Both parties hereby agree to notify the other respective party prior to use of the Emergency Connection. 7. Term. This Agreement shall become effective from and after the date on which this Agreement is electronically filed with the Secretary of State of the State of Iowa and continue until the termination by the parties as provided for herein. 8. Notice. Contract the respective Public Works Director for notification of any emergency need for use of the Emergency Connection. In the event contact is not established with the designated emergency contact, the parties shall notify Westcom. Any non-emergency notice required under this Agreement shall be given in writing and deemed given when personally delivered or when deposited in the United States mail, postage prepaid, sent certified or registered, and addressed to both contacts as follows: To Clive: Public Works Director City Manager City of Clive City of Clive 2123 NW 111th Street 1900 NW 114th Street Clive, Iowa 50325 Clive, Iowa 50325 To Waukee: Public Works Director City Administrator City of Waukee City of Waukee 805 University Ave 230 W. Hickman Road Waukee, Iowa 50263 Waukee, Iowa 50263 Or to such other address or person as hereafter shall be designated in writing by the applicable party. 9. Miscellaneous. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all negotiations, preliminary agreements and all prior and contemporaneous discussions, agreements and understandings of the parties in connection with the subject matter hereof. No amendment, change or modification of any of the terms, provisions or conditions of this Agreement shall be effective unless made in writing and signed by all parties. Waiver of any provision of this Agreement shall not be deemed a waiver of future compliance therewith and such provision shall remain in full force and effect. In the event any provision of this Agreement is held invalid, illegal or unenforceable, in whole or in part, the remaining provisions of the Agreement shall not be affected thereby and shall continue to be valid and enforceable. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa. The parties agree and consent to jurisdiction in Dallas County, Iowa. This Agreement shall be binding upon and shall insure to the benefit of the parties hereto and their respective legal representatives, heirs, successors and permitted assigns. Nothing in this Agreement, express or implied, is intended to confer upon any party, other than the parties hereto (and their respective heirs, legal representatives, successors and permitted assigns), any rights, remedies, obligations or liabilities under or by reason of this Agreement. In addition to any other remedies available at law or in equity to the parties hereto with respect to a breach hereof, the parties hereto each reserve the right to enforce this Agreement by specific performance. The titles or captions of paragraphs in this Agreement are provided for convenience of reference only, and shall not be considered a part hereof for purposes of interpreting or applying this Agreement and such title or captions do not define, limit extend, explain or describe the scope or extent of this Agreement or any of its terms or conditions. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. Each of the parties hereto hereby irrevocably waives all right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement. 10. Termination. In the event that either Clive or Waukee desires to terminate its interest in this Agreement, written notice of termination shall be served upon the other party and the parties’ interests in this Agreement shall terminate no earlier than one (1) calendar year from the date of issuance of such notice, or a shorter period as agreed upon by the parties. The party requesting termination of the Agreement will be responsible for all costs with properly severing the Emergency Connection. The agreement shall not be terminated until severance of the Emergency Connection is complete. 11. Further Assurances. Each party agrees to execute and deliver such additional instruments and documents and to take all such other action as the other party may reasonably request from time to time in order to effect the provisions and purposes of this Agreement. SECTION 12 NORMAL CONDITION EXHIBITEXHIBITPROJECT NUMBER: ENGINEERING 435CLIVE DATE:02/01/2024 SHEET NUMBER Feet 0 20 40 NSECTION 12 283 AGREEMENT EMERGENCY WATER SERVICE AGREEMENT BETWEEN THE CITY OF CLIVE AND THE CITY OF WAUKEE IN WITNESS WHEREOF, the City of CLIVE, Iowa, hereby approves of this Agreement and authorizes the Mayor and City Clerk of that City to execute this Agreement. CITY OF CLIVE, IOWA ______________________________ By: John Edwards, Mayor ATTEST: ___________________________ By: Matthew D. Graham, City Clerk STATE OF IOWA ) ) ss: COUNTY OF POLK ) On this ___ day of ____________, 2024, before me, a Notary Public in and for the State of Iowa, personally appeared John Edwards and Matthew D. Graham, to me personally known, and, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Clive, Iowa; and that the instrument was signed on behalf of the City, by authority of its City Council, as contained in Resolution No. _________ passed (the Resolution adopted) by the City Council, on the ___ day of ____________, 2024, and that John Edwards and Matthew D. Graham acknowledged the execution of said instrument to be their voluntary act and deed and the voluntarily act and deed of the corporation, by it voluntarily executed. _______________________________________ Notary Public in and for the State of Iowa My commission expires: _________ IN WITNESS WHEREOF, the city of Waukee hereby approves of this Agreement and authorizes the Mayor and City Clerk to execute this Agreement, effective as of the date first above written. CITY OF WAUKEE, IOWA ______________________________ By: Courtney Clarke, Mayor ATTEST: ___________________________ By: Becky Schuett, City Clerk STATE OF IOWA ) ) ss: COUNTY OF DALLAS) On this ___ day of ____________, 2024, before me, a Notary Public in and for the State of Iowa, personally appeared Courtney Clarke and Becky Schuett, to me personally known, and, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waukee, Iowa; and that the instrument was signed on behalf of the City, by authority of its City Council, as contained in Resolution No. _________ passed by the City Council, on the ___ day of ____________, 2024, and that Courtney Clarke and Becky Schuett acknowledged the execution of said instrument to be their voluntary act and deed and the voluntarily act and deed of the corporation, by it voluntarily executed. _______________________________________ Notary Public in and for the State of Iowa My commission expires: _________