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HomeMy WebLinkAbout6.p. Wetland Health Evaluation Program (WHEP) Joint Powers AgreementAGENDA ITEM: Wetland Health Evaluation Program (WHEP) Joint Powers Agreement AGENDA SECTION: Consent PREPARED BY: Andrew J. Brotzler, PE, City Engineer AGENDA NO. 'Cp. ATTACHMENTS: Draft Joint Powers Agreement APPROVED BY: poi RECOMMENDED ACTION: Motion to Approve the Joint Powers Agreement for the Wetland Health Evaluation Program and Authorize Necessary Signature. 4 ROSEMOUNT CITY COUNCIL City Council Meeting: December 16, 2008 EXECUTIVE SUMMARY BACKGROUND The Dakota County Wetland Health Evaluation Program (WHEP) 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, foster public awareness of wetland value and health, and 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 GPA) 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 2009 will be $900 per wetland, for a total cost of $4,500. Attached is a draft Joint Powers Agreement that is scheduled to be finalized at the County Board meeting December 16, 2008. A final copy of the Joint Powers Agreement will be sent to the City for execution after the County Board meeting. SUMMARY Staff recommends Council approval of the draft Joint Powers Agreement and authorization to execute the final Agreement upon receipt from the County. The final Agreement will be subject to review by the City Administrator before it is executed. G: \WHEP \WHEP JPA CC12- 16- 08.doc 4. Powers and Duties of the County. JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF ROSEMOUNT FOR THE WETLAND HEALTH EVALUATION PROGRAM Dakota County Contract #9589 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, the parties, in joint and mutual exercise of their powers, agree as follows: 1. Purpose. The purpose of this Agreement is to facilitate the analysis of wetlands located within 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. 2. Term. Notwithstanding the date of the signatures of the parties, the term of this Agreement shall commence on January 1, 2009, and shall continue in full force and effect until December 31, 2012, unless earlier terminated pursuant to paragraph 9 below. 3. 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. 4.1 The COUNTY shall administer the WHEP funds on behalf of the CITY. 4.2 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. 4.3 The COUNTY may apply for and accept gifts, grants, or loans and money, other property or assistance from the United States govemment, the State of Minnesota, or any person, association, or agency to carry out the WHEP in Dakota County. 4.4 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. 5. Funding. On or before March 31 each year, 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. 6. Books and Records. The books and records that are relevant to this Agreement shall be subject to the provisions of Minn. Stat. ch. 13, the Minnesota Government Data Practices Act. The parties' books, reports, and records concerning this Agreement shall be open to inspection by the parties' at all reasonable times. 7. Disposition of Property and Funds. At such time as this Agreement expires or is terminated, any property remaining shall be disposed of and the proceeds of the disposition of the property shall be returned to the parties in proportion to their contribution and in compliance with the terms and conditions of this Agreement. However, it is understood and agreed that any equipment purchased with funds collected under this Agreement shall remain the property of the COUNTY and not subject to the provisions of this paragraph. Any funds paid by the CITY pursuant to paragraph 5 which remain unexpended when this Agreement expires or is terminated shall be returned promptly by the COUNTY to the CITY. 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. Each party hereby agrees to indemnify, defend and hold harmless any other party, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees that any other party, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants or employees in the execution, performance, or failure to adequately perform its obligations pursuant to this Agreement. Nothing herein shall be deemed a waiver of the limitations on liability set forth in Minn. Stat. ch. 466 and other applicable laws. 9. Termination. Any party may terminate this Agreement at any time upon 90 days written notice to the other party. 10. Amendments. 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 goveming bodies, and signed by the authorized representatives of the COUNTY and the CITY. 11. 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 CITY Paula Liepold Christine Watson Email: paula.liepold @co.dakota.mn.us Email: christine.watson@ci.rosemount.mn.us Phone: (952) 891 -7117 Phone: (651) 322 -2091 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates indicated below. Approved as to form: COUNTY OF DAKOTA Assistant County Attorney Date Lynn Thompson, Director Physical Development Division Date of Signature County Board Res. No. K -08- 246.008 CITY OF ROSEMOUNT 2 William H. Droste, Mayor Date of Signature ATTEST: Amy Domeier Clerk a e of Signature