HomeMy WebLinkAbout6.j. Vermillion River Watershed Joint Powers Organization - JPAtROSE1uiOLI1 1T EXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting: July 21, 2015
AGENDA ITEM: Vermillion River Watershed Update
AGENDA SECTION:
Consent
PREPARED BY: Patrick Wrase, PE, PE, Director of Public
AGENDA NO.
Works/City Engineer
ATTACHMENTS: Joint Powers Agreement (sample); Joint
APPROVED BY:
Powers A reement (draft)
RECOMMENDED ACTION: Motion to recommend entering into an agreement with
VRWJPO to fund an Intercommunity Flow Stormwater Model.
BACKGROUND
The City has requested that as part of its vatershed plan update the VeYmillion River Watershed Joint
Powers OYganization (VRWJPO) evaluate the feasibility of future stormwater oudets from the City south
and east to the Verinillion Ri-er. From recent discussions vith VRWJPO, the VRWJPO is requesting Ciry
cost participation at fifty percent for the watershed modeling that is necessary to further evaluate this
request. The estimated cost for the City is $22,450. This cost vould be funded b5 the City's Stormwater
Utiliry Fund.
r ttached is a similar Joint Powers Agreement that VRWJPO has entered into with the Cities of
FaYmington and Lakeville.
SUMMARY
Should the City want to continue to pursue its request for the consideration of stormwater outlets to the
Vermillion River,it is recommended that funding fifty percent of the cost vith VRWJPO be authorized
and the City enter into a Joint Po vers Agreement with VRWJPO.
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6.j.
Brotzler, Andy
From: Zabel, Mark <Mark.Zabel@CO.DAKOTA.MN.US>
Sent: Monday, May 04, 2015 9:32 AM
To: Brotzler,Andy
Subject:Rosemount Intercommunity Flows
Andy,
We received an estimate from Barr Engineering for updating the XP-SWMM model with information for the drainages in
Rosemount. The cost to do so is estimated at$44,900. I am wondering if the City would be interested in sharing in the
cost of this development with a view to potentially use this modeling as the basis for its future infrastructure planning
and design work. We have shared in such costs with other communities at a 50%level. Give me a call to discuss. We
intend to pursue the work on a schedule to have analysis completed by September 1,2015.
Mark Zabel
Administrator for the Vermillion River Watershed Joint Powers Organization
Surface Water Unit Supervisor
Dakota County
14955 Galaxie Avenue
Apple Valley, MN 55124
952-891-7011
mark.zabelCc co.dakota.mn.us
www.vermillionriverwatershed.or
1
QaEcota County Contract#C0025127
JOINT POWERS AGREEMENT
BETWEEN THE VERMILLfON RIVER WATERSHED JOINT POWERS ORGANtZATIQN
AND
THE CITIES OF FARMINGTON AND LAKEVILLE
FOR COST SHARE RELA'fED TO UPDATE OF LOCAL STORM WATER MODELS
WHEREAS, Minn. Stat. §471.59 authorizes Eocal governmenta(units tojointty or cooperatively exercise any power
common to the contracting parties;and
WHEREAS,the Vermillion River Watershed Joint Powers Organization is a watershed management body
consisting of Dakota and Scott Counties(VRWJPO)govemed by the Vermillion River Watershed Joint Powers Board
VRWJPB) and is charged with carrying out the duties set forth in Minn. Stat. §§ 103B.211 to 103B.255 and as otherwise
provided by law; and
WHEREAS,the Cities of Farmingtan and Lakeville(collectively referred to as"the Cities") are governmental units
and political subdivisions of the State of Minnesota; and
WHEREAS, the Cities desire to update their respective storm water models to comply with the VRWJPO Watershed
Plan inter-community flow standards; and
WHEREAS, the Cities, in a coltaborative effort, developed a scope of work for updating their respective surface
water modeEs (Project); and
WHEREAS,the Project consists of five phases and the VRWJPO previously provided cost share funding to the
Cities in the amount of$47,700.00 for Phase 1 of the Project(VRW Res. No. 11-13}; and
WHEREAS, Phase t of the Project has been completed and the Cities are now seeking cost share funding from the
VRWJPO for Phases 2-5 of the Project; and
WHEREAS,the estimated cost af Phases 2-5 of the Project is$222,500.00; and
WHEREAS, the VRWJPO adopted its Watershed Plan on November 3, 2005, and said Watershed Plan contains a
Cost S aring Policy that provides guidance to the VRWJPB regarding the cost sharing between the VRWJPO and
potential parfiers for various watershed management efforts afFecting the Vermillion River Watershed; and
WHEREAS, the Cost Sharing Policy sets forth priorities for improvements affecting the Vermillion River Watershed
and Phases 2-5 of the Project qualify for up to a 50%cost share;ar d
NOW,TFfEREFORE, in consideration of the mutual promises and benefits that the VRWJPO and the Cities shall
deri e trom this Agreement,the VRWJPO, through the VRWJPB, and the Cities hereby enter into this Agreement for the
purposes stated herein.
ARTICLE 1
PURPOSE
The purpose of this Agreement is to define the responsibilities and cost sharing obligations of the VRWJPO and the Cities
for Phases 2-5 of the Project as more fully described in Exhibit 1, attached hereto and incorporated herein by this
reference.
ARTICLE 2
PARTIES
The parties ta this Agreement are the Vermillion River Watsrshed Joint Powers Organization (VRWJPO) acting through its
Joint Powers Board(VRWJPB) and the City of Farmington, Minnesota, and the City of Lakevil(e, Minnesota(collectively
the Cities"),
ARTICLE 3
TERM
This Agreement shali ne ettect ve me aate of tne signatures of the parties to this Agreement and shall remain in effect
until December 31, 2014, or until completion by the parties of their respective obligations under this Agreement, whichever
occurs first, unfess earlier terminated by law or according to the provisions of fhis Agreement.
ARTICLE 4
COOPERATION
The VRWJPO and the Cities agree to cooperate and use their reasonable efforts to ensure prompt implementation of the
various provis ons of this Agreement and to, in goocE faith, undertake resolution of any dispute in an equitab[e and timely
manner.
ART{CLE 5
PAYMENT
5.1 The VRWJPO shal cost share with the Cities in an amount equal to 5%of the total cost incurred by the Cities for
Phases 2-5 of the Project, but not to exceed the amount of$111,250.00(Agreement Maximum). Of the
Agreement Maximum, Forty eight Thousand Eight Hundred and No1100 Dollars($48,800)is allotted to the City of
Lakeville for its costs incurred for Phases 2--5 of the Project; and Sixty Two Thousand Four Hundred Fifty
and No/100 Dollars($62,450}is allotted to the City of Farmington for its costs incurred for Phases 2—5 of the
Project.
5.2 The VRWJPO shall make payment to the Cities after Phases 2—5 of the Project has been completed and the
VRW.lPO has been pravided with a final report as required by Section 6.2 bekaw. The VRWJPO shail make
payment to the Cities within 45 days following receipt of the final report and receipt of an invoice detailing the
costs incurred by the Cities in conducting Phases 2—5 of the Project.
5.3 The VRWJPO may refuse to pay any claim that is not specifically authorized by this qreement. Payment of a
claim shall not preclude the VRWJPO from questioning the propriety of the claim. The VRWJPO reserves the
right to Offset any overpayment or disallowance of claim by reducing future payments.
ARTICLE 6
CITY'S BLIGATIONS
8.1 AUTHORIZED PURPOSE. The cost shar funds pravided under this Agreement may only be used by the Gities
for the payment of costs associated in conducting Phases 2—5 of the Project as described in Exhibit 1.
6,2 FINAL REPORT. Following completion of Phases 2—5 of the ProjecE,the Ci es shafl provide to the VRWJPO a
final technical memorandum that utlines the completion of modeling elements as well as the findings,
conclusions and recommendations of Phases 2—5 of the Project.
6.3 ACKNOWLEDGMENT. The Cities shall appropriately acknowledge the funding assistance provided by the
VRWJPO in any promotional materials, signage, reports, publications, notices,and presentations relating to the
Project. This section shall survive the expiration or termination of this Agreement
6.4 COMPLIANCE WITH LAWSISTANDARDS. The Cities shall abide by alf federal, state, or loca laws, statutes,
ordinances, rules and regulations in conducting the Project.
ARTICLE 7
TERMfNAT10N
7.1 IN GENERAL. Any party may terminate this Agreement for cause by giving seven days'written notice or
without cause by giving 30 days'written notice, of its intent to terminate, to the other parties. Such notice to
terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean
a material breach of this Agreement and any s pplemental agreements or amendments thereto. Notice of
2
Termination shall be made by certified mail or personal delivery to the authorized representative of the other
parties. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which
arises from the performance of or failure to adequately perForm the terms of this Agreement prior to the effective
date of termination.
7.2 TERMINATION BY VRWJPO FOR LACK OF FUNDING. Notwithstanding any provision of this
Agreement to the contrary, the VRWJPO may immediately terminate this Agreement if it does not obtain funding
from the Minnesota Legislature, Minnesota Agencies, or other funding source, or if it's funding cannot be
continued at a level sufficient to aUow payment of the amounts due under this Agreement Written notice of
termination sent by the VRWJF'O to the Cities by facsimile is sufficient natice under this section. The VRWJPO is
not obligated to pay for any senrices that are provided after written no6ce of termination for lack of funding. The
VRWJPO will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding.
ARTICLE 8
GENERAL.PRC)VISIONS
8.1 LIABILI'TY. Each party to this Agreement shall be liable for the acts ot its officers,emplayees ar 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, emp(oyees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. ch.466 and other
applicable laws govern liability of the VRWJPO and the Cities. This section shall survive the expiration or
termination of this Agreement
8.2 AUTHORIZED REPRESENTATNES. 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
Ehey represent and to consent to modifications,except that the authorized representatives 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 foilowing named persons and addresses unless otherwise
stated in this Agreement, or in a modification of this Agreement
TO THE VRWJPB: Paui Krause or successor, Chair
Vermillion River Watershed Joint Powers Organization
14955 Galaxie Avenue
Apple Valley, MN 55124
Telephone= (952)891-7030
TO FARMINGTON: Todd Larson or successor, Mayor
City of Farmington
430 Third St.
Farmington, MN 55024
Telephone: (651)280-68d0
TO lAKEVILLE: Matt Little or successor, Mayor
City of Lakeville
20195 Ffolyoke Ave.
Lakeville, MN 55044
Telephone: (952)985-4420
In addition, notification to the VRWJPO regarding termination of this Agreement shaU be provided to the Office of
the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, Minnesota 55033.
3
8.3 LIAISONS. To assist the parties in the day-to-day pertormance of this Agreement and to ensure campliance and
provide ongoing consultafion, a liaison shafl be designated by the VRWJPO and the Cities. 7he VRWJPO and
the Cities shall keep each other continuaEly 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:
VRWJPO Liaison:Mark Zabel
Telephone: (952)891-7546
Farmington Liaison: Kevin Schorzman
Telephone: (651)280-6800
Lakeville Liaison: Keith Nelson
TeEephone: (952)985-4500
8.4 MODiFiCATlONS. Any alterations, variations, modifications, or waivers of the provisions of this Agresment shall
only be valid when they have been reduced to writing, approved by the parties respective Boards, and signed by
the Authorized Representatives of the VRWJPC?and the Cities.
8.5 RECORDS RETETION AND AUDITS. Each party's bonds, records, documents, papers, accounEing procedures
and practices, and other records relevant to this Agreemenf are subject to the examination, dupfication,
transcription and audit by the other party, the Legislative Audikor or State Auditor under Minn. Stat. § 16C.05,
subd. 5. {f the cost share 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. Foliowing
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.
8.6 DEFAULT: FORCE MAJEURE. No party shall be liable to any other party for any foss 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.
8.7 ASSIGNMENT. No party may assign any of its rights under this Agreement without the prior written consent
of the other parties. Said consent may be subject to condfions.
8.8 GOVERNMENT DATA PRACTfCES. For purposes of this Agreement, all data on individuals collected, created,
received, maintainecf or disseminated shall be administered consistent with the Minnesota Government Data
Practices AcE, Minn. Stat. ch. 13.
8.9 GOVERNING LAW,JURtSDICTION AND VENUE. This Agreement shall be govemed 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 the County of Dakota,
State of Minnesota. This section shall survive the expiration or termination of this Agreement
8.10 MERGER. This Agreement is the final expression of the agreernenf of the parties and the complete and exclusive
statement of the terms agreed upon and shall supersede all prior negotiations, understandings,or agreements.
8.11 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 valiclity 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.
4
fN WITNESS WHEREOF',the parties hereto have executed this Agreement on the date(s}indicated below.
CITY OF FARMINGTON
By
Todd Larson, Mayor
Date of Signature: .?c
ay Cet,, G
ViP I City Clerk
Date of Signature: '.Lo13
CITY OF LAKENILLE
By
Matt ittle, Mayor
Datepf Signature: 8 28 13
r-.
By w
ar ene ri ges y Clerk
Date of Signature: 8 2$ 3
VERMIL N RlVER WATERSHED
JOINT O ERS BO
APPROVED AS TO FORM:
l ---
9/ BY
Paul J. Kr
Assistant Dakota County Attomey Date Date of Si ature:9/f--,(3
KS-'!3-210(EF)
VRW Res. No. 13-28
5
465123v1 MDT RS215-3
JOINT POWERS AGREEMENT
BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION
AND
THE CITY OF ROSEMOUNT
FOR COST SHARE RELATED TO AN UPDATE TO THE VERMILLION RIVER WATERSHED JOINT POWERS
ORGANIZATION HYDROLOGIC MODEL
WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any
power common to the contracting parties; and
WHEREAS, the Vermillion River Watershed Joint Powers Organization is a watershed management body
consisting of Dakota and Scott Counties (VRWJPO) governed by the Vermillion River Watershed Joint Powers
Board (VRWJPB) and is charged with carrying out the duties set forth in Minn. Stat. §§ 103B.211 to 103B.255 and
as otherwise provided by law; and
WHEREAS, the City of Rosemount (City) is a governmental and political subdivision of the State of
Minnesota; and
WHEREAS, the VRWJPO desires to update their hydrologic model to include the city of Rosemount
(Project) to calculate stormwater discharge rates and volumes in order to comply with the VRWJPO Watershed
Plan inter-community flow standards; and
WHEREAS, the estimated cost of the Project is $44,900 and the VRWJPO is seeking cost share
contribution from the City in the amount of $22,450; and
NOW, THEREFORE, in consideration of the mutual promises and benefits that the City and the VRWJPO
shall derive from this Agreement, the City and the VRWJPO, through the VRWJPB, hereby enter into this
Agreement for the purposes stated herein.
ARTICLE 1
PURPOSE
The purpose of this Agreement is to define the responsibilities and cost sharing obligations of the City and the
VRWJPO for the Project.
ARTICLE 2
PARTIES
The parties to this Agreement are the Vermillion River Watershed Joint Powers Organization (VRWJPO) acting
through its Joint Powers Board (VRWJPB) and the City of Rosemount, Minnesota (City).
ARTICLE 3
TERM
This Agreement shall be effective immediately following approval by both governing boards of the parties to this
Agreement and shall remain in effect until December 31, 2015, or until completion by the parties of their
respective obligations under this Agreement, whichever occurs first, unless earlier terminated by law or according
to the provisions of this Agreement.
ARTICLE 4
COOPERATION
The City and the VRWJPO 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.
465123v1 MDT RS215-3
ARTICLE 5
PAYMENT BY CITY
5.1 The City shall cost share with the VRWJPO in an amount not to exceed $22,450 for costs directly related
to the completion of the Project.
5.2 The City shall make payment to the VRWJPO on a one-time reimbursement basis upon Project
completion and verification and acceptance by the City that the Project has been completed in accordance with
the terms of this Agreement and in accordance with the specifications for said Project, which are attached hereto
and incorporated herein as Exhibit 1.
5.3 The City may refuse to pay any claim that is not specifically authorized by this Agreement. Payment of a
claim shall not preclude the City from questioning the propriety of the claim. The City reserves the right to offset
any overpayment or disallowance of claim by reducing future payments.
ARTICLE 6
VRWJPO’S OBLIGATIONS
6.1 AUTHORIZED PURPOSE. The cost share funds provided under the terms of this Agreement may only
be used by the VRWJPO for the payment of costs directly related to the completed of the Project as described in
Exhibit 1.
6.2 FINAL REPORT. Following completion of the Project, the VRWJPO shall provide the City a final technical
memorandum that outlines the completion of modeling elements as well as the findings, conclusions, and
recommendations of the Project
6.3 COMPLIANCE WITH LAWS/STANDARDS. The VRWJPO shall abide by all federal, state, or local laws,
statutes, ordinances, rules, and regulations in conducting the Project.
ARTICLE 7
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 VRWJPO and the City. This section shall survive the expiration or termination of this
Agreement.
ARTICLE 8
AUTHORIZED REPRESENTATIVES AND LIAISONS
8.1 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
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 VRWJPO: Mike Slavik or successor, Chair
Vermillion River Watershed Joint Powers Organization
14955 Galaxie Avenue
Apple Valley, MN 55124
Telephone: (952) 891-7030
TO THE CITY: Bill Droste or successor, Mayor
City of Rosemount
2875 145th St. W
Rosemount, MN 55068
Telephone: (651) 322-2050
465123v1 MDT RS215-3
In addition, notification to the VRWJPO 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.
8.2 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 VRWJPO and the City. The
VRWJPO and the City 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:
VRWJPO Liaison: Mark Zabel
Telephone: (952) 891-7011
Email: mark.zabel@co.dakota.mn.us
City Liaison: Patrick Wrase
Director of Public Works/City Engineer
Telephone: (651) 322-2022
Email: Patrick.wrase@ci.rosemount.mn.us
ARTICLE 9
MODIFICATIONS
Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when
they have been reduced to writing, approved by the parties respective Boards, and signed by the Authorized
Representatives of the VRWJPO and the City.
ARTICLE 10
TERMINATION
10.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days’ written notice
or without cause by giving 30 days’ written notice, of its intent to terminate, to the other party. Such notice to
terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a
material breach of this Agreement and any supplemental agreements or amendments thereto. This Agreement
may also be terminated by the City in the event of a default by the VRWJPO . Notice of Termination shall be made
by certified mail or personal delivery to the authorized representative of the other party. Termination of this
Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance
of or failure to adequately perform the terms of this Agreement prior to the effective date of termination.
ARTICLE 11
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 the County of Dakota, State of Minnesota. This section shall survive the expiration
or termination of this Agreement.
ARTICLE 12
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.
ARTICLE 13
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
465123v1 MDT RS215-3
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.
ARTICLE 14
GOVERNMENT DATA PRACTICES
The City and the VRWJPO must comply with the Minnesota Government data Practices Act, Minn.Stat. ch. 13, as
it applies to all data provided, created, collected, received, stored, used, maintained, or disseminated under this
Agreement. The civil remedies of Minn.Stat. § 13.08 apply to the release of the data referred to in this clause by
either the City or the VRWJPO.
ARTICLE 15
DEFAULT: FORCE MAJEURE
No party shall be liable to any 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 outside the defaulting party’s reasonable
control may include, but are not limited to, acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or
military authority, and natural disasters.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below.
CITY OF ROSEMOUNT
By ___________________________________
Bill Droste, Mayor
Date of Signature: _____________________
By ___________________________________
Clarissa Hadler_____________________, City Clerk
Date of Signature: _____________________
VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION
APPROVED AS TO FORM:
By ___________________________________
______________________________________ Mike Slavik Chair
Assistant Dakota County Attorney Date Date of Signature: _____________________
VRW Res. No. _____
KS-15-297