HomeMy WebLinkAbout6.l. Wetland Health Evaluation Program (WHEP) Joint Powers Agreement 4 ROSEv1EIUNT EXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting: January 15, 2013
AGENDA ITEM: Wetland Health Evaluation Program AGENDA SECTION:
(WHEP) Joint Powers Agreement Consent
PREPARED BY: Andrew J. Brotzler, PE, Director oftelic AGENDA NO �. I.
Works/ City Engineer
ATTACHMENTS: Joint Powers Agreement APPROVED BY:
DJ
RECOMMENDED ACTION: Motion to Approve the Joint Powers Agreement for the
Wetland Health Evaluation Program and Authorize Necessary Signatures.
BACKGROUND
The Dakota County Wetland Health Evaluation Program(W) EP) is a joint research and educational
project sponsored by the Dakota County Environmental Education Program,Dakota County Soil and
Water Conservation District,the Minnesota Pollution Control Agency,and the Cities of Dakota County.
The goals of the project are:
• To provide meaningful data on wetland health to local governments
• To foster public awareness of wetland value and health
• To create positive partnerships between citizens and their local government in addressing natural
resource issues.
Rosemount has participated in the program since 1998. In an effort to continue the project,a new Joint
Powers Agreement (JPA) has been drafted for the participating Dakota County cities. Each local
government has been asked to fund its own portion of the project. The cost to the City in 2013 will be the
same as in 2012 ($900 per selected wetland).
SUMMARY
Staff recommends Council approval and authorization to execute the WHEP Joint Powers Agreement.
G:\Wetlands\20130115 CC WHEP JPAdocx
Dakota County Contract#GR00396
JOINT POWERS AGREEMENT
BETWEEN DAKOTA COUNTY AND THE CITY OF ROSEMOUNT
FOR THE WETLAND HEALTH EVALUATION PROGRAM
The parties to this Agreement are the County of Dakota, a political subdivision of the State of Minnesota (County)
and the City of Rosemount, a governmental and political subdivision of the State of Minnesota (City). This Agreement is
made pursuant to the authority conferred upon the parties by Minn. Stat. §471.59.
NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and the City shall
derive from this Agreement, the County and the City hereby enter into this Agreement for the purposes stated herein.
SECTION 1
PURPOSE
The purpose of this Agreement is to facilitate the analysis of wetlands located with the City through the Dakota County
Wetland Health Evaluation Program (WHEP), which is coordinated and managed by the County, to obtain data and other
information to assist both parties in performing their responsibilities under the Minnesota Wetland Conservation Act.
SECTION 2
TERM
Notwithstanding the date of the signatures of the arties,the term of this Agreement shall commence on January 1, 2013,
and shall continue in full force and effect until Dl ember 31, 2016, unless earlier terminated by law or according to the
provisions of this Agreement.
SECTION 3
COOPERATION
The parties agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions
of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner.
SECTION 4
EXERCISE OF POWERS
The parties to this Agreement agree that the County shall administer the funds collected hereunder and disburse these
funds for expenses incurred by WHEP.
SECTION 5
POWERS AND DUTIES OF THE COUNTY
5.1 The County shall administer the WHEP funds on behalf of the City.
5.2 The County shall serve as fiscal agent for the funds collected hereunder. The County shall establish and maintain
such funds and accounts as may be required by good accounting practices.
5.3 The County may apply for and accept gifts, grants, loans and money, other property or assistance from federal or
state agencies, or any other person to carry out the WHEP in Dakota County.
5.4 The County may use funds to hire and retain a monitoring coordinator, a non-profit agency, consulting firms and
such other personnel as may be needed to provide the services contemplated under this Agreement.
Notwithstanding the foregoing, the parties agree that WHEP is a volunteer based program and that data collection
shall be performed solely by volunteers trained by the County. All volunteers participating in the WHEP shall be
considered agents of the County and not agents of the City.
SECTION 6
FUNDING
On or before March 31 each year of the term of this Agreement, the County shall provide to the City a complete WHEP
fee schedule for that calendar year, including an itemization of the fee for analyzing each wetland and the fee for
performing a quality assurance recheck to enable the City to evaluate whether to participate in the WHEP for that year. If
the City elects to participate in the WHEP for that year, the City shall notify the County and the County shall provide the
services described herein. On or about July 1 of each year that the City elects to participate, the County shall submit an
invoice to the City for the WHEP fees for that year and the City shall remit payment to the County within 30 days after
receipt of such invoice.
SECTION 7
WHEP TIMELINE
The parties agree to the following timeline for each year of the term of this Agreement:
Spring The County shall provide a WHEP fee schedule to the City and the City
shall notify the County if the City elects to participate in the WHEP for
that calendar year and identify the specific wetlands to be analyzed.
Late Spring and Summer Trained volunteers shall collect data regarding the quantity and variety of
plants and insects within each City designated wetland. A consultant
hired by the County shall conduct a quality assurance recheck on one of
the wetlands.
Fall The consultant hired by the County shall compile and analyze the data
collected for all wetlands within the City under the WHEP and prepare a
written report on the same.
Winter The County shall deliver to the City the consultant's written report and
the data collected for all wetlands analyzed within the City.
SECTION 8
INDEMNIFICATION
Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the
extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents.
The provisions of the Municipal Tort Claims Act, Minn. Stat. ch. 466 and other applicable laws govern liability of the
County and the City. The provisions of this section shall survive the expiration or termination of this Agreement.
SECTION 9
AUTHORIZED REPRESENTATIVES AND LIAISONS
9.1 AUTHORIZED REPRESENTATIVES. The following named persons are designated the Authorized
Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party
they represent and to consent to modifications, except that the authorized representative shall have only the
authority specifically or generally granted by their respective governing boards. Notice required to be provided
pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise
stated in this Agreement, or in a modification of this Agreement:
TO THE COUNTY: Lynn Thompson or successor, Director
Physical Development Division
14955 Galaxie Avenue
Apple Valley, MN 55124
2
TO THE CITY: Bill Droste or successor, Mayor
City of Rosemount
2875 145th St.W.
Rosemount, MN 55068
In addition, notification to the County regarding termination of this Agreement by the other party shall be provided
to the Office of the Dakota County Attorney, Civil Division,1560 Highway 55, Hastings, Minnesota 55033.
9.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement and to ensure compliance and
provide ongoing consultation, a liaison shall be designated by the County and the City. The parties shall keep
each other continually informed, in writing, of any change in the designated liaison. At the time of execution of
this Agreement, the following persons are the designated liaisons:
County Liaison City Liaison
Paula Liepold Christine Watson
Telephone: (952) 891-7117 Telephone: (651) 322-2091
Email: paula.liepold @co.dakota.mn.us Email: christine.watson @ci.rosemount.mn.us
SECTION 10
TERMINATION
Either party may terminate this Agreement at any time upon 90 days written notice to the other party.
SECTION 11
GENERAL PROVISIONS
11.1 COMPLIANCE WITH LAWS/STANDARDS. The City and the County agree to abide by all federal, state or local
laws, statutes, ordinances, rules and regulations now in effect or hereafter adopted pertaining to this Agreement
or to the facilities, programs and staff for which either party is responsible.
11.2 EXCUSED DEFAULT—FORCE MAJEURE. Neither party shall be liable to the other party for any loss or
damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting
party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts
and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority,
and natural disasters.
11.3 CONTRACT RIGHTS CUMULATIVE NOT EXCLUSIVE.
A. All remedies available to either party for breach of this Agreement are cumulative and may be
exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an
election of such remedy to the exclusion of other remedies. The rights and remedies provided in this
Agreement are not exclusive and are in addition to any other rights and remedies provided by law.
B. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of
any provision of this Agreement shall not be construed to be modification for the terms of this Agreement
unless stated to be such in writing and signed by authorized representatives of the County and the City.
11.4 RECORDS RETENTION AND AUDITS. Each party's bonds, records, documents, papers, accounting
procedures and practices, and other records relevant to this Agreement are subject to the examination,
duplication, transcription and audit by the other party, the Legislative Auditor or State Auditor under Minn. Stat. §
16C.05, subd. 5. If any funds provided under this Agreement use federal funds these records are also subject
to review by the Comptroller General of the United States and his or her approved representative. Following
termination of this Agreement,the parties must keep these records for at least six years or longer if any audit-in-
progress needs a longer retention time.
3
11.5 MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall
only be valid when they have been reduced to writing and signed by the authorized representatives of the County
and the City.
11.6 ASSIGNMENT. Neither party may assign any of its rights under this Agreement without the prior written consent
of the other party. Said consent may be subject to conditions.
11.7 GOVERNMENT DATA PRACTICES. For purposes of this Agreement, all data on individuals collected, created,
received, maintained or disseminated shall be administered consistent with the Minnesota Government Data
Practices Act, Minn. Stat. ch. 13.
11.8 MINNESOTA LAW TO GOVERN. This Agreement shall be governed by and construed in accordance with the
substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of
laws. All proceedings related to this Agreement shall be venued in Dakota County, Minnesota. The provisions of
this section shall survive the expiration or termination of this Agreement.
11.9 MERGER. This Agreement is the final expression of the agreement of the parties and the complete and exclusive
statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements.
11.10 SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is
rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the
remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall
substantially impair the value of the entire Agreement with respect to either party.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date(s) indicated below.
APPROVED AS TO FORM: DAKOTA COUNTY
`�`'J
01/3/A0 By
A sistaa�unty Attorney/Date Lynn Thompson, Director
KS-12-286-008 Physical Development Division
County Board Res. No. 12-579 Date of Signature:
CITY OF RO EMOUNT /
Y'
Droste, Mayor
Date of Signature./d,,/ v2 a/ --
By
, City Clerk
Date of Signature:
4
C O U N T Y(2414.‘°4
December 14, 2012
Bill Droste
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
Re: Dakota County Agreement#GR00396
Dear Bill:
Physical Development Division
Lynn Thompson,Director Enclosed are two original agreements ready for signature by your organization.
Dakota County
Western Service Center Please sign and return both originals to me at the below:
14955 Galaxie Avenue
Apple Valley,MN 55124 Dakota County— Physical Development Administration
952-891-7000 Tammy Drummond—3`d Floor
Fax 952-891-7031 14955 Galaxie Avenue
www.dakotacounty.us Apple Valley, MN 55124
Environmental Mgmt Dept A fully executed agreement will be sent to your City Liaison. If you have an
Office of GIS y g y y y any
Operations Management questions, please let me know. Thank you. Tammy
Parks Department
Surveyors Office Sincerely,
Transit Office
Transportation Department
Water Resources Department
Tammy Drummond
Project and Contract S ices Coordinator
Enclosures
Dakota County Contract#GR00396
JOINT POWERS AGREEMENT
BETWEEN DAKOTA COUNTY AND THE CITY OF ROSEMOUNT
FOR THE WETLAND HEALTH EVALUATION PROGRAM
The parties to this Agreement are the County of Dakota, a political subdivision of the State of Minnesota (County)
and the City of Rosemount, a governmental and political subdivision of the State of Minnesota (City). This Agreement is
made pursuant to the authority conferred upon the parties by Minn. Stat. §471.59.
NOW,THEREFORE, in consideration of the mutual promises and benefits that the County and the City shall
derive from this Agreement, the County and the City hereby enter into this Agreement for the purposes stated herein.
SECTION 1
PURPOSE
The purpose of this Agreement is to facilitate the analysis of wetlands located with the City through the Dakota County
Wetland Health Evaluation Program (WHEP), which is coordinated and managed by the County, to obtain data and other
information to assist both parties in performing their responsibilities under the Minnesota Wetland Conservation Act.
SECTION 2
TERM
Notwithstanding the date of the signatures of the arties, the term of this Agreement shall commence on January 1, 2013,
and shall continue in full force and effect until Dmber 31, 2016, unless earlier terminated by law or according to the
provisions of this Agreement.
SECTION 3
COOPERATION
The parties agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions
of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner.
SECTION 4
EXERCISE OF POWERS
The parties to this Agreement agree that the County shall administer the funds collected hereunder and disburse these
funds for expenses incurred by WHEP.
SECTION 5
POWERS AND DUTIES OF THE COUNTY
5.1 The County shall administer the WHEP funds on behalf of the City.
5.2 The County shall serve as fiscal agent for the funds collected hereunder. The County shall establish and maintain
such funds and accounts as may be required by good accounting practices.
5.3 The County may apply for and accept gifts, grants, loans and money, other property or assistance from federal or
state agencies, or any other person to carry out the WHEP in Dakota County.
5.4 The County may use funds to hire and retain a monitoring coordinator, a non-profit agency, consulting firms and
such other personnel as may be needed to provide the services contemplated under this Agreement.
Notwithstanding the foregoing, the parties agree that WHEP is a volunteer based program and that data collection
shall be performed solely by volunteers trained by the County. All volunteers participating in the WHEP shall be
considered agents of the County and not agents of the City.
SECTION 6
FUNDING
On or before March 31 each year of the term of this Agreement, the County shall provide to the City a complete WHEP
fee schedule for that calendar year, including an itemization of the fee for analyzing each wetland and the fee for
performing a quality assurance recheck to enable the City to evaluate whether to participate in the WHEP for that year. If
the City elects to participate in the WHEP for that year, the City shall notify the County and the County shall provide the
services described herein. On or about July 1 of each year that the City elects to participate, the County shall submit an
invoice to the City for the WHEP fees for that year and the City shall remit payment to the County within 30 days after
receipt of such invoice.
SECTION 7
WHEP TIMELINE
The parties agree to the following timeline for each year of the term of this Agreement:
Spring The County shall provide a WHEP fee schedule to the City and the City
shall notify the County if the City elects to participate in the WHEP for
that calendar year and identify the specific wetlands to be analyzed.
Late Spring and Summer Trained volunteers shall collect data regarding the quantity and variety of
plants and insects within each City designated wetland. A consultant
hired by the County shall conduct a quality assurance recheck on one of
the wetlands.
Fall The consultant hired by the County shall compile and analyze the data
collected for all wetlands within the City under the WHEP and prepare a
written report on the same.
Winter The County shall deliver to the City the consultant's written report and
the data collected for all wetlands analyzed within the City.
SECTION 8
INDEMNIFICATION
Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the
extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents.
The provisions of the Municipal Tort Claims Act, Minn. Stat. ch. 466 and other applicable laws govern liability of the
County and the City. The provisions of this section shall survive the expiration or termination of this Agreement.
SECTION 9
AUTHORIZED REPRESENTATIVES AND LIAISONS
9i AUTHORIZED REPRESENTATIVES. The following named persons are designated the Authorized
Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party
they represent and to consent to modifications, except that the authorized representative shall have only the
authority specifically or generally granted by their respective governing boards. Notice required to be provided
pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise
stated in this Agreement, or in a modification of this Agreement:
TO THE COUNTY: Lynn Thompson or successor, Director
Physical Development Division
14955 Galaxie Avenue
Apple Valley, MN 55124
2
•
TO THE CITY: Bill Droste or successor, Mayor
City of Rosemount
2875 145th St. W.
Rosemount, MN 55068
In addition, notification to the County regarding termination of this Agreement by the other party shall be provided
to the Office of the Dakota County Attorney, Civil Division,1560 Highway 55, Hastings, Minnesota 55033.
9.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement and to ensure compliance and
provide ongoing consultation, a liaison shall be designated by the County and the City. The parties shall keep
each other continually informed, in writing, of any change in the designated liaison. At the time of execution of
this Agreement, the following persons are the designated liaisons:
County Liaison City Liaison
Paula Liepold Christine Watson
Telephone: (952) 891-7117 Telephone: (651) 322-2091
Email: paula.liepold @co.dakota.mn.us Email: christine.watson @ci.rosemount.mn.us
SECTION 10
TERMINATION
Either party may terminate this Agreement at any time upon 90 days written notice to the other party.
SECTION 11
GENERAL PROVISIONS
11.1 COMPLIANCE WITH LAWS/STANDARDS. The City and the County agree to abide by all federal, state or local
laws, statutes, ordinances, rules and regulations now in effect or hereafter adopted pertaining to this Agreement
or to the facilities, programs and staff for which either party is responsible.
11.2 EXCUSED DEFAULT—FORCE MAJEURE. Neither party shall be liable to the other party for any loss or
damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting
party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts
and events may include acts of God, acts of terrorism,war, fire, flood, epidemic, acts of civil or military authority,
and natural disasters.
11.3 CONTRACT RIGHTS CUMULATIVE NOT EXCLUSIVE.
A. All remedies available to either party for breach of this Agreement are cumulative and may be
exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an
election of such remedy to the exclusion of other remedies. The rights and remedies provided in this
Agreement are not exclusive and are in addition to any other rights and remedies provided by law.
B. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of
any provision of this Agreement shall not be construed to be modification for the terms of this Agreement
unless stated to be such in writing and signed by authorized representatives of the County and the City.
11.4 RECORDS RETENTION AND AUDITS. Each part 's bonds, records, documents, pa ers accounting
procedures and practices, and other records relevant to this Agreement are subject to the examination,
duplication, transcription and audit by the other party, the Legislative Auditor or State Auditor under Minn. Stat. §
16C.05, subd. 5. If any funds provided under this Agreement use federal funds these records are also subject
to review by the Comptroller General of the United States and his or her approved representative. Following
termination of this Agreement, the parties must keep these records for at least six years or longer if any audit-in-
progress needs a longer retention time.
3
,
11.5 MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall
only be valid when they have been reduced to writing and signed by the authorized representatives of the County
and the City.
11.6 ASSIGNMENT. Neither party may assign any of its rights under this Agreement without the prior written consent
of the other party. Said consent may be subject to conditions.
11.7 GOVERNMENT DATA PRACTICES. For purposes of this Agreement, all data on individuals collected, created,
received, maintained or disseminated shall be administered consistent with the Minnesota Government Data
Practices Act, Minn. Stat. ch. 13.
11.8 MINNESOTA LAW TO GOVERN. This Agreement shall be governed by and construed in accordance with the
substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of
laws. All proceedings related to this Agreement shall be venued in Dakota County, Minnesota. The provisions of
this section shall survive the expiration or termination of this Agreement.
11.9 MERGER. This Agreement is the final expression of the agreement of the parties and the complete and exclusive
statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements.
11.10 SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is
rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the
remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall
substantially impair the value of the entire Agreement with respect to either party.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date(s) indicated below.
APPROVED AS TO FORM: DAKOTA COUNTY
vj 4..e.-e..4,--ex-- I di�3/a0/a—
A sistan Attorney/Date By
Lynn Thompson, Director
KS-12-286-008 Physical Development Division
County Board Res. No. 12-579 Date of Signature:
CITY OF RO MOUNT
By, r l., •
• Droste, Mayor
Date of Signature/ /% q' -
By iAAA9AA �_A A Iii ._
1 ��I �1r♦1����� '�' ' , ity Clerk
Date o 'ignature: V ►1'
4
1