HomeMy WebLinkAbout6.f. Joint Powers Agreement with Dakota County for Wetland Health Evaluation ProjectsCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: July 2, 2002
AGENDA ITEM: Joint Powers Agreement with Dakota County
AGENDA SECTION:
for Wetland Health Evaluation Project
Consent
PREPARED BY: Andrew J Brotzler, P E., City Engineer
AGENEr"
Chad Donnelly, Water Resource Engineer
ATTACHMENTS Joint Powers Agreement
APPROVED BY•
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The Dakota County Wetland Health Evaluation Project (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 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 and has had much success in doing so The project
provides City staff with technical data on monitored City wetlands and it offers a great opportunity for public
involvement WHEP has attracted national and local attention for its innov and unique approach to
addressing wetland health It has received the National Association of Counties 2000 Achievement Award and
is a finalist for the 2002 Minnesota Env ironmental Initiative Award
Starting in 2002, after five years of funding through federal and state grants, each community must provide the
necessary funding to continue its participation within the program To continue the project, a Joint Powers
Agreement (JPA) has been drafted for the cities of Dakota County In an effort to continue the project, each
local government has been asked to fund its own portion of the project
The cost breakdown for the city of Rosemount is as follows
$500 /wetland (for four wetlands) for team leader, equipment, volunteer recruitment
$500 /City for cross -city quality check
$600 /City for URS /BRW qualit} control
$750 /City for statistical analysis and report by URS/BRW
$3,850 Total
Staff recommends that Council approve the JPA and continue as an active participant in the program
RECOMMENDED ACTION MOTION TO ENTER INTO A JOINT POWERS AGREEMENT FOR
THE DAKOTA COUNTY WESTLAND HEALTH EVALUATION PROJECT AND AUTHORIZE
NECESSARY SIGNATURES.
COUNCIL ACTION:
JOINT POWERS AGREEMENT
WITH CITIES AND DAKOTA COUNTY FOR
WETLAND HEALTH EVALUATION PROGRAM
THE PARTIES TO THIS AGREEMENT are the County of Dakota (the County), City of
Apple Valley, City of Burnsville, City of Eagan, City of Farmington, City of Hastings, City of Inver
Grove Heights, City of Lakeville, City of Mendota Heights, City of Rosemount, City of South St. Paul,
and City of West St Paul This Agreement is made pursuant to the authority conferred upon the
parties by Mum Stat 471 59
NOW THEREFORE, the parties, in joint and mutual exercise of their powers agree as follows:
1. General Purpose The purpose of this Joint powers agreement is to allow the parties to Jointly
fund the Dakota County Wetland Health Evaluation Program (WHEP) which is coordinated and
managed by the Dakota County Environmental Education Program DCEEP)
2. Term The term of this Agreement shall be for the period June 1, 2002, through May 31, 2003,
and may be renewed annually by the parties hereto
3. Exercise of Powers The parties to this Agreement agree that the County, through its
Community Services Division, shall administer the funds collected hereunder, and shall pay out these
funds to DCEEP for administering WHEP
4. Powers and Duties of the County
4.1 The County shall apply. monitor, and administer the WHEP funds on behalf of the parties
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,
including an annual audit of the books and accounts of the County concerning the WHEP
4.3 The County may apply for and accept gifts, grants, or loans and money, other property or
assistance from the United States Government, the State of Minnesota, or any person, association, or
agency to carry out the purposes of this Agreement
4.4 The County may use funds to hire and retain a monitoring coordinator, personnel consuhmg
firm and such other personnel as may be needed to provide the services contemplated under this
Agreement
5. Funding Each member shall contribute funds under this Agreement as follows for the year
2002
Apple Valley
$3,850
Lakeville
$3.850
Burnsville
$3,850
Mendota Heights
$1740
Eagan
$3.850
Rosemount
$3,850
Farmington
$3,850
South St Paul
$870
Hastings
$3,080
West St Paul
$1;740
Inver Grove Heights
$3,850
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Payment of each member's contribution is due and payable by the member upon execution of this
Agreement
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 Government Data Practices Act The Count's 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 is terminated any
property interest 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 It is understood and agreed, however, that any equipment purchased
with funds collected under this Agreement shall remain the property of the DCEEP and not subject to
the provisions of this paragraph
8. Indemnification Each party to this Agreement shall be liable for its own acts and its officers,
employees, or agents and the results thereof to the extent authorized by law and shall not be
responsible for the acts of any 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, mcludmg 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
9. Withdrawal Any party may withdraw from this Agreement at anytime upon 180 days written
notice to the other parties However no refund to withdrawing parties and no share of disposition of
property and funds shall be made, unless and until the Joint Powers Agreement is terminated pursuant
to paragraph 10 below
10. Termination This Agreement shall terminate May 31, 2003, unless extended by further
written agreement of the parties
11. Amendments This Agreement may be amended at any time by agreement by all the parties
Such amendment shall be approved by all parties and shall be in writing
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s)
indicated below
Approved as to form
Andrea G. White/Date
COUNTY OF DAKOTA
(please print name /title)
Date of Signature
Approved by Dakota County Board
Resolution No
CITY OF APPLE VALLEY
(please print name /title)
Date of Signature
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CITY OF BURNSVILLE
0
(please print name /title)
Date of Signature
CITY OF EAGAN
(please print name /title)
Date of Signature
CITY OF FARMINGTON
By
(please print name /title)
Date of Signature
CITY OF HASTINGS
M
(please print name /title)
Date of Signature
CITY OF INVER GROVE HEIGHTS
Lo
(please print name /title)
Date of Signature
CITY OF LAKEVILLE
M
(please print name /title)
Date of Signature
Page 3 of 4
CITY OF MENDOTA HEIGHTS
K/KO2 -227 wetland health Jpa
(please print name /title)
Date of Signature
CITY OF ROSEMOUNT
(please print name /title)
Date of Signature
CITY OF SOUTH ST. PAUL
sy
(please print name /title)
Date of Signature
CITY OF WEST ST. PAUL
(please print name /title)
Date of Signature
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