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HomeMy WebLinkAbout2011-02-16 PACKET 04.D.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 2/16/11 JU PREPARED BY Engineering Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Approve the 2011 Joint Service Agreements between the Cities of St. Paul Park, Afton, Newport, Denmark Township and the City of Cottage Grove. STAFF RECOMMENDATION Recommend the Council approve the 2011 Joint Service Agreements between the Cities of St. Paul Park, Afton, Newport, Denmark Township and the City of Cottage Grove. BUDGET IMPLICATION $ BUDGETED AMOUNT ADVISORY COMMISSION ACTION ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY SUPPORTING DOCUMENTS DATE ACTUAL AMOUNT FUNDING SOURCE REVIEWED APPROVED DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® MEMO /LETTER: Jennifer Levitt /Allan Larson, February 8, 2011 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Joint Service Agreements: 1. Afton, 4. Denmark Township ADMINISTRATORS COMMENTS City of St. Paul Park, 2. City of Newport, 3. City of From: Jennifer Levitt, City Engineer Allan Larson, Engineering Technician Date: February 8, 2011 Subject: Approve 2011 Joint Service Agreement for the Cities of St. Paul Park, Afton and Newport and Denmark Township Background /Discussion: The City of Cottage Grove in 2010 extended an invitation to the surrounding communities for joint purchasing for such things as seal coating, crack sealing, street sweeping, and striping in an effort to reduce costs for the municipalities, especially in light of the challenging economic times. In 2010, the City of Newport chose to accept the offer of joint services and a two year contract was entered into for street sweeping, street striping and pavement marking painting. Cost Summary for 2010 Services City of Newport Striped 53,454 I.f. of roadway = $2,565.79 Street symbol painting w /Cottage Grove staff = $5,178.92 Street sweeping approximately 40 Hours = $2,854.00 Engineering and administration fee = $635.92 The following table shows contract prices for street sweeping and street striping that the City of Cottage Grove has experienced from 2007 -2010. In street sweeping there has been a steady decline in the cost of the hourly rate of street sweeping and in street striping the cost per linear foot has been constant. In conclusion, the additional quantities added to the contract by including the City of Newport did not result in contractual savings to Cottage Grove. The City of Newport most likely saw a savings in these contracted prices. The City of Newport will continue in their second year of joint service with Cottage Grove, participating in street sweeping and striping and intersection pavement marking. Also, Newport desires to participate in seal coating for 2011. Street Sweep — Street Striping Y EAR 2010 COST $ 7 1 35 /HR = $ 28,540.00 °(EAR 2010 COST $ 0.048 /LF = $ 30,992.00 _ 2 $ 72.50 / = $ 29,000.00 2009 $ 0.047 /LF = $ 29,894.00 20 08 _� $ 74.00 /HR. _ $ 29 2008 $ 0.046 /1-F = $ 28,868.00 2007 i $ 75 00 /HR. _ $ 30, 2007 $ 0.046 /LF = $ 29,216.00 In 2011, the City of St. Paul Park desires to participate in seal coating and street striping. The street seal coating and striping are contracted services that Cottage Grove will be administrating and coordinating for St. Paul Park. There is an engineering administration charge of 6% for contract administration services. The City of Afton and Denmark Township desire to participate in seal coating for 2011. Cottage Grove will also be administering the contracts for these local units of government. As with the other contracts, there is a 6% charge for engineering and administration. The enclosed Joint Service Agreements for City of St. Paul Park, City of Afton, City of Newport and Denmark Township have been reviewed by the City Attorney. Each local unit of government is having their legal council review the agreement. This review may result in some minor language changes to the agreements. It is recommended to approve the agreements contingent upon the final approval by the City of Cottage Grove's City Attorney. Recommendation: It is recommended to approve the 2011 Joint Service Agreements for the City of St. Paul Park, City of Afton, City of Newport and Denmark Township pending the City Attorney's final approval of the agreements. JOINT CITY AGREEMENT FOR STREET SEALCOATING AND STRIPING This Agreement is made this day of 2011, by and between the City of St. Paul Park (hereinafter referred to as "St. Paul Park ") and the City of Cottage Grove (hereinafter referred to as "Cottage Grove "). WHEREAS, it is the desire of the parties and the purpose of this Agreement that certain of such services be performed or contracted by Cottage Grove on behalf of St. Paul Park; NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below, the above parties hereto agree as follows: 1. The term of this agreement shall be from April 1, 2011 through April 1, 2012, and shall automatically renew for an additional one year tern on April 1, 2012 and on April 1, 2013, unless either party to the Agreement provides notice to the other parry that they shall terminate the contract at the end of the current term, and further subject to termination as provided in paragraph 9. 2. For the term of this Agreement, Cottage Grove shall provide St. Paid Park with the following services, in and on behalf of St. Paul Park and at the direction of St. Paul Park's Public Works Director: a. Cottage Grove will engage a contractor to perform street striping for and estimated 88,700 linear feet of streets in St. Paul Park, in addition to the streets within Cottage Grove for which Cottage Grove is otherwise contracting. St. Paul Park has provided Cottage Grove with a plan showing the striping to be performed for 2011. St. Paul Park must provide Cottage Grove with a plan showing the street striping to be performed in 2012, by February 1, 2012, if any service is to be provided. b. Cottage Grove will engage a contractor to perform street sealcoating on an estimated 36,872 SY of streets in St. Paul Park, in addition to the streets within Cottage Grove for which Cottage Grove is otherwise contracting. St. Paul Park has provided Cottage Grove with a plan showing the streets to be sealcoated for 2011. St. Paul Park will provide Cottage Grove with a plan showing the street sealcoating to be performed in 2012, by February 1, 2012, if any service is to be provided. 3. St. Paul Park shall pay or provide the following for services related to street striping: a. St. Paul Park will reimburse Cottage Grove for the actual costs charged to Cottage Grove by its contractor for performing street striping on St. Paul Park streets based on an estimated 88,700 linear feet of streets. At its sole cost and expense, St. Paul Park will provide an inspector for the street striping operation. Contract quantities for 2012 must be submitted prior to February 1, 2012 for inclusion in 2012 contract. St. Paul Park agrees to reimburse Cottage Grove for the actual costs charged to the Cottage Grove by its contractor for the requested street striping quantities in 2012. b. St. Paul Park will reimburse Cottage Grove for the actual costs charged to Cottage Grove by its contractor for performing street sealcoating on St. Paul Park streets based on and estimated 36,872 SY. At its sole cost and expense, St. Paul Park will provide an inspector for the street sealcoating operation. Contract quantities for 2012 must be submitted prior to February 1, 2012 for inclusion in 2012 contract. St. Paul Park agrees to reimburse Cottage Grove for the actual costs charged to Cottage Grove by its contractor for the requested sealcoat quantities in 2012. C. St. Paul Park will pay Cottage Grove an engineering and administration fee of 6% of all work performed as part of this agreement. d. St. Paul Park will pay all invoices within 30 days after the invoice date. 4. This agreement shall terminate as follows: a. Upon the expiration of 90 days after service of written notice upon the other party; or b. At any time, upon agreement of the parties; or C. In any event on April 1, 2013. 5. Cottage Grove shall require its contractor(s) to provide insurance as specified below, and St. Paul Park shall be named as an additional insured on such insurance: Comprehensive General Liability $1,000,000 per occurrence, $2,000,000 aggregate Auto Liability $1,200,000 per occurrenace Workers compensation Statutory amount 6. To the full extent permitted by law, this Agreement is intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, subd. la(a); provided further, that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. In addition to the foregoing, nothing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to either party, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. 7. To the extent that tort damages or other related costs or fees become payable to a third party as the result of this Agreement or the activities carried out hereunder, each city shall be responsible for claims that arise out of occurrences within each city's boundaries. Notwithstanding the foregoing, this Agreement is solely for the benefit of the parties hereto and no other person shall have any right, claim or interest in it. 8. Neither party shall be responsible for injuries or death of the other party's personnel. Each party will maintain workers' compensation coverage to the extent required by law on its personnel who perform work pursuant to this Agreement. Any employees assigned by either city to perform obligations under this Agreement shall remain the exclusive employee of the assigning city for all purposes, including but not limited to wages, salary, benefits and workers' compensation. 9. Cottage Grove and St. Paul Park agree to comply with the Americans With Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs, and activities. Cottage Grove has designated coordinators to facilitate compliance with the Americans With Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. For information contact the City Administrator, City of Cottage Grove, 7516 80 Street South, Cottage Grove, Minnesota 55016; telephone: 651- 458 -2800; TDD: 641 -458 -2880. St. Paul Park agrees to hold harmless and indemnify Cottage Grove from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA by St. Paul Park. Cottage Grove agrees to hold harmless and indemnify St. Paul Park from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA by Cottage Grove. 10. Both parties agree to comply with all applicable state, federal and local laws, rules and regulations. 11. This Agreement represents the entire Agreement between Cottage Grove and St. Paul Park and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof; any amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties have set forth their hands on the day and year first written above. CITY OF COTTAGE GROVE B y : — — Its Mayor Date I. Its City Administrator Date F619 &I Klyw - 'a as Its Mayor Date By: Its City Administrator Date F O R STREET SEALCOATING This Agreement is made this day of 2011, by and between the City of Newport (hereinafter referred to as " Newport ") and the City of Cottage Grove (hereinafter referred to as "Cottage Grove "). WHEREAS, it is the desire of the parties and the purpose of this Agreement that certain of such services be performed or contracted by Cottage Grove on behalf of Newport; NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below, the above parties hereto agree as follows: 1. The term of this agreement shall be from April 1, 2011 through April 1, 2012, and shall automatically renew for an additional one year term on April 1, 2012 and on April 1, 2013, unless either party to the Agreement provides notice to the other parry that they shall terminate the contract at the end of the current term, and further subject to termination as provided in paragraph 9. 2. For the term of this Agreement, Cottage Grove shall provide Newport with the following services, in and on behalf of Newport and at the direction of Newport's City Engineer: a. Cottage Grove will engage a contractor to perform street sealcoating on an estimated 68,574 SY of streets in Newport, in addition to the streets within Cottage Grove for which Cottage Grove is otherwise contracting. Newport has provided Cottage Grove with a plan showing the sealcoating to be performed for 2011. Newport will provide Cottage Grove with a plan showing the street sealcoating area to be performed in 2012, by February 1, 2012 ,if any service is to be provided. 3. Newport shall pay or provide the following for services related to street sealcoating: a. Newport will reimburse Cottage Grove for the actual costs charged to Cottage Grove by its contractor for performing street sealcoating on Newport streets, based on an estimated 68,574 SY for 2011. At its sole cost and expense, Newport will provide an inspector for the street sealcoating operation. Contract quantities for 2012 must be submitted prior to February 1, 2012 for inclusion in 2012 contract. Newport agrees to reimburse Cottage Grove for the actual costs charged to Cottage Grove by its contractor for the requested sealeoat quantities in 2012. b. Newport will pay Cottage Grove an engineering and administration fee of 6% of all work performed as part of this agreement. C. Newport will pay all invoices within 30 days after the invoice date. 4. This agreement shall terminate as follows: a. Upon the expiration of 90 days after service of written notice upon the other party; or b. At any time, upon agreement of the parties; or C. In any event on April 1, 2013. 5. Cottage Grove shall require its contractor(s) to provide insurance as specified below, andNewport shall be named as an additional insured on such insurance: Comprehensive General Liability $1,000,000 per occurrence, $2,000,000 aggregate Auto Liability $1,200,000 per oecurrenace Workers compensation Statutory amount 6. To the full extent permitted by law, this Agreement is intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, subd. la(a); provided further, that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. In addition to the foregoing, nothing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to either party, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. 7. To the extent that tort damages or other related costs or fees become payable to a third party as the result of this Agreement or the activities carried out hereunder, each city shall be responsible for claims that arise out of occurrences within each sity's boundaries. Notwithstanding the foregoing, this Agreement is solely for the benefit of the parties hereto and no other person shall have any right, claim or interest in it. 8. Neither party shall be responsible for injuries or death of the other party's personnel. Each party will maintain workers' compensation coverage to the extent required by law on its personnel who perform work pursuant to this Agreement. Any employees assigned by either city to perform obligations under this Agreement shall remain the exclusive employee of the assigning city for all purposes, including but not limited to wages, salary, benefits and workers' compensation. 9. Cottage Grove and Newport agree to comply with the Americans With Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs, and activities. Cottage Grove has designated coordinators to facilitate compliance with the Americans With Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. For information contact the City Administrator, City of Cottage Grove, 7516 80 Street South, Cottage Grove, Minnesota 55016; telephone: 651 -458 -2800; TDD: 641- 458 -2880. Newport agrees to hold harmless and indemnify Cottage Grove from costs, including but not limited to damages, attorney's 2 fees and staff time, in any action or proceeding brought alleging a violation of ADA by Newport. Cottage Grove agrees to hold harmless and indemnifyNewport from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA by Cottage Grove. 10. Both parties agree to comply with all applicable state, federal and local laws, rules and regulations. 11. This Agreement represents the entire Agreement between Cottage Grove and Newport and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof, any amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties have set forth their hands on the day and year first written above. CITY OF COTTAGE GROVE CITY OF NEWPORT By: Its Mayor Date By: Its City Administrator Date By: Its Mayor Date By: Its City Administrator Date 3 JOINT CITY AGREEMENT FOR STREET SEALCOATING This Agreement is made this day of 2011, by and between the City of Afton (hereinafter referred to as " Afton ") and the City of Cottage Grove (hereinafter referred to as "Cottage Grove "). WHEREAS, it is the desire of the parties and the purpose of this Agreement that certain of such services be performed or contracted by Cottage Grove on behalf of Afton; NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below, the above parties hereto agree as follows: 1. The term of this agreement shall be from April 1, 2011 through April 1, 2012, and shall automatically renew for an additional one year term on April 1, 2012 and on April 1, 2013, unless either party to the Agreement provides notice to the other party that they shall terminate the contract at the end of the current term, and further subject to termination as provided in paragraph 9. 2. For the term of this Agreement, Cottage Grove shall provide Afton with the following services, in and on behalf of Afton and at the direction of Afton's City Engineer: a. Cottage Grove will engage a contractor to perform street sealcoating on an estimated 15,067 SY of streets in Afton, in addition to the streets within Cottage Grove for which Cottage Grove is otherwise contracting. Afton has provided Cottage Grove with a plan showing the sealcoating to be performed for 2011. Afton will provide Cottage Grove with a plan showing the street sealcoating area to be performed in 2012, by February 1, 2012 if any service is to be provided. 3. Afton shall pay or provide the following for services related to street sealcoating: a. Afton will reimburse Cottage Grove for the actual costs charged to Cottage Grove by its contractor for performing street sealcoating on Afton streets, based on an estimated 15,067 SY or 2011. At its sole cost and expense, Afton will provide an inspector for the street sealcoating operation. Contract quantities for 2012 must be submitted prior to February 1, 2012 for inclusion in 2012 contract. Afton agrees to reimburse Cottage Grove for the actual costs charged to the Cottage Grove by its contractor for requested sealcoat quantities in 2012. b. Afton will pay Cottage Grove an engineering and administration fee of 6% of all work performed as part of this agreement. C. Afton will pay all invoices within 30 days after the invoice date. 4. This agreement shall terminate as follows: a. Upon the expiration of 90 days after service of written notice upon the other party; or b. At any time, upon agreement of the parties; or C. In any event on April 1, 2013. 5. Cottage Grove shall require its contractor(s) to provide insurance as specified below, andAfton shall be named as an additional insured on such insurance: Comprehensive General Liability $1,000,000 per occurrence, $2,000,000 aggregate Auto Liability $1,200,000 per occurrenace Workers compensation Statutory amount 6. To the full extent permitted by law, this Agreement is intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, subd. la(a); provided further, that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. In addition to the foregoing, nothing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to either party, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. 7. To the extent that tort damages or other related costs or fees become payable to a third party as the result of this Agreement or the activities carried out hereunder, each city shall be responsible for claims that arise out of occurrences within each sity's boundaries. Notwithstanding the foregoing, this Agreement is solely for the benefit of the parties hereto and no other person shall have any right, claim or interest in it. 8. Neither party shall be responsible for injuries or death of the other party's personnel. Each party will maintain workers' compensation coverage to the extent required by law on its personnel who perform work pursuant to this Agreement. Any employees assigned by either city to perform obligations under this Agreement shall remain the exclusive employee of the assigning city for all purposes, including but not limited to wages, salary, benefits and workers' compensation. 9. Cottage Grove and Afton agree to comply with the Americans With Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs, and activities. Cottage Grove has designated coordinators to facilitate compliance with the Americans With Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. For information contact the City Administrator, City of Cottage Grove, 7516 80`" Street South, Cottage Grove, Minnesota 55016; telephone: 651- 458 -2800; TDD: 641- 458 -2880. Afton agrees to hold harmless and indemnify Cottage Grove from costs, including but not limited to damages, attorney's 2 fees and staff time, in any action or proceeding brought alleging a violation of ADA by Afton. Cottage Grove agrees to hold harmless and indemnifyAfton from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA by Cottage Grove. 10. Both parties agree to comply with all applicable state, federal and local laws, rules and regulations. 11. This Agreement represents the entire Agreement between Cottage Grove and Afton and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof; any amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties have set forth their hands on the day and year first written above. CITY OF COTTAGE GROVE CITY OF AFTON By: Its Mayor Date Bv: Its City Administrator Date By: Its Mayor Date Bv: Its City Administrator Date 3 OR STREET SEALCOATING This Agreement is made this day of 2011, by and between the Denmark Township (hereinafter referred to as `Denmark ") and the City of Cottage Grove (hereinafter referred to as "Cottage Grove "). WHEREAS, it is the desire of the parties and the purpose of this Agreement that certain of such services be performed or contracted by Cottage Grove on behalf of Denmark; NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below, the above parties hereto agree as follows: 1. The term of this agreement shall be from April 1, 2011 through April 1, 2012, and shall automatically renew for an additional one year term on April 1, 2012 and on April 1, 2013, unless either party to the Agreement provides notice to the other party that they shall terminate the contract at the end of the current term, and further subject to termination as provided in paragraph 9. 2. For the term of this Agreement, Cottage Grove shall provide Denmark with the following services, in and on behalf of Denmark and at the direction of Denmark's City Engineer: a. Cottage Grove will engage a contractor to perform street sealcoating on an estimated 15,067 SY of streets in Denmark, in addition to the streets within. Cottage Grove for which Cottage Grove is otherwise contracting. Denmark has provided Cottage Grove with a plan showing the sealcoating to be performed for 2011. Denmark will provide Cottage Grove with a plan showing the street sealcoating area to be performed in 2012, by February 1, 2012 if any service is to be provided. 3. Denmark shall pay or provide the following for services related to street sealcoating: a. Denmark will reimburse Cottage Grove for the actual costs charged to Cottage Grove by Its contractor for performinig street sealcoating on Denmark streets, based on an estimated 15,067 SY for 2011. At its sole cost and expense, Denmark will provide an inspector for the street sealcoating operation. Contract quantities for 2012 must be submitted prior to February 1, 2012 for inclusion in 2012 contract. Denmark agrees to reimburse Cottage Grove for the actual costs charged to Cottage Grove by its contractor for the requested sealcoat quantities in 2012. b. Denmark will pay Cottage Grove an engineering and administration fee of 6% of all work performed as part of this agreement. C. Denmark will pay all invoices within 30 days after the invoice date. 4. This agreement shall terminate as follows: a. Upon the expiration of 90 days after service of written notice upon the other party; or b. At any time, upon agreement of the parties; or c. In any event on April 1, 2013. 5. Cottage Grove shall require its contractor(s) to provide insurance as specified below, andDenrnark shall be named as an additional insured on such insurance: Comprehensive General Liability $1,000,000 per occurrence, $2,000,000 aggregate Auto Liability $1,200,000 per occurrenace Workers compensation Statutory amount 6. To the full extent permitted by law, this Agreement is intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, subd. la(a); provided further, that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. In addition to the foregoing, nothing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to either party, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. 7. To the extent that tort damages or other related costs or fees become payable to a third party as the result of this Agreement or the activities carried out hereunder, each city shall be responsible for claims that arise out of occurrences within each sity's boundaries. Notwithstanding the foregoing, this Agreement is solely for the benefit of the parties hereto and no other person shall have any right, claim or interest in it. 8. Neither party shall be responsible for injuries or death of the other party's personnel. Each party will maintain workers' compensation coverage to the extent required by law on its personnel who perform work pursuant to this Agreement. Any employees assigned by either city to perform obligations under this Agreement shall remain the exclusive employee of the assigning city for all purposes, including but not limited to wages, salary, benefits and workers' compensation. 9. Cottage Grove and Denmark agree to comply with the Americans With Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs, and activities. Cottage Grove has designated coordinators to facilitate compliance with the Americans With Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. For information contact the City Administrator, City of Cottage Grove, 7516 80 Street South, Cottage Grove, Minnesota 55016; telephone: 651- 458 -2800; TDD: 641 -458 -2880. Denmark agrees to hold 2 harmless and indemnify Cottage Grove from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA by Denmark. Cottage Grove agrees to hold harmless and indemnifyDenmark from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA by Cottage Grove. 10. Both parties agree to comply with all applicable state, federal and local laws, rules and regulations. 11. This Agreement represents the entire Agreement between Cottage Grove and Denmark and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof, any amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties have set forth their hands on the day and year first written above. CITY OF COTTAGE GROVE CITY OF DENMARK By: Its Mayor Date By: Its City Administrator Date By: Its Board Chair Date By: Its Attorney Date 3