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HomeMy WebLinkAbout6.h. Joint Powers Agreement with the Vermillion River Watershed Joint Powers Organization (VRWJPO) for Anti-icing EquipmentI:\City Clerk\Agenda Items\Approved Items\6.h. Joint Powers Agreement with the Vermillion River Watershed Joint Powers Organization (VRWJPO) for Anti-icing Equipment.docx EXECUTIVE SUMMARY City Council Regular Meeting: March 2, 2021 AGENDA ITEM: Joint Powers Agreement with the Vermillion River Watershed Joint Powers Organization (VRWJPO) for Anti-icing Equipment AGENDA SECTION: Consent PREPARED BY: Jane Byron, Storm Water Specialist Brian Erickson, Director of Public Works/City Engineer AGENDA NO. 6.h. ATTACHMENTS: JPA for Anti-Icing Equipment APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve a Joint Powers Agreement with VRWJPO for Anti-icing Equipment BACKGROUND In 2008, Minnesota voters passed the Clean Water Land and Legacy Amendment (CWLA) that established a 0.375 cent sales tax to go towards funding for water, arts, culture, wildlife, natural resource, parks, and trails projects. A portion of the revenues generated through the CWLA are distributed through the Minnesota Board of Water and Soil Resources (BWSR) through their Clean Water Fund grant programs. In 2020, a convening body of communities in the Vermillion River Watershed approved funding through BWSR’s CWF Metro Watershed Based Implementation Funding (WBIF) program. One of the projects chosen for funding was the purchase of new anti-icing equipment in 2021 by the City of Rosemount in an effort to reduce chloride pollution to local surface and groundwaters from road salt applications in winter. Reduction of chloride pollution is a key issue in the Rosemount Comprehensive Surface Water Management Plan and an implementation strategy in the Dakota County Groundwater Plan. The City will receive a $15,000 reimbursement, and must provide a $5,000 match, to purchase a new liquid brine sprayer with GPS control and associated accessories in 2021. This will become the second such unit utilized by the City, as staff has been using a similar system already this winter. The Vermillion River Watershed Joint Powers Organization (VRWJPO) will serve as the grantee and act as the fiscal agent per the attached the attached JPA. Having the VRWJPO act as the grantee and fiscal agent offers several benefits to the City. First, VRWJPO will do all the grant reporting and administration, which frees up some City staff time. Second, in the event of cost underruns, extra funds can be transferred between projects where VRWJPO acts as the Grantee (Lakeville, Rosemount, VRWJPO). More information on the WBIF program can be found here http://bwsr.state.mn.us/watershed-based- implementation-funding-program. The City attorney has reviewed the agreement and determined it to be acceptable. RECOMMENDATION Staff recommends approval of the attached JPA with the Vermillion River Watershed Joint Powers Organization. 1 JOINT POWERS AGREEMENT BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION AND THE CITY OF ROSEMOUNT FOR ANTI-ICING STREET MAINTANENCE EQUIPMENT 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, winter street maintenance requires a balance of chloride use to maintain public safety while simultaneously minimizing the impact to water resources; and WHEREAS, chloride can permanently pollute water resources, and appropriately managing the use of chloride is a significant concern in Minnesota because it does not break down in the environment, resulting in accumulation in water resources; and WHEREAS, the City is transitioning to an anti-icing strategy using technology that more effectively manages the amount of chloride applied to City streets, reducing the risk of chloride contamination in surface water and groundwater; and WHEREAS, the VRWJPO Watershed Management Plan has a goal to protect and restore groundwater quality and Dakota County’ Groundwater Plan has a strategy to prevent groundwater contamination from chloride; and WHEREAS, the City’s purchase of the anti-icing equipment (Equipment) will directly address the goals of the VRWJPO Watershed Management Plan; and WHERAS, the VRWJPO applied for and was awarded Watershed-Based Initiative Funding (WBIF) from the Minnesota Board of Water and Soil Resources to pay for a portion of the Equipment; and WHERAS, the VRWJPO will pass through grant funding to the City to partially pay for the Equipment; and WHEREAS, the Grant has a match requirement equal to 10% of the amount of Grant monies received; and WHEREAS, the City has included this Equipment in its budgets and will provide the costs of the required match. NOW, THEREFORE, in consideration of the mutual promises and benefits that the City and the VRWJPO shall derive from this Agreement, the VRWJPO and the City hereby enter into this Agreement for the purposes stated herein. ARTICLE 1 PARTIES The parties to this Agreement are the VRWJPO and the City. 2 ARTICLE 2 PURPOSE The purpose of this Agreement is to define responsibilities and cost-sharing obligations of the parties. ARTICLE 3 TERM This Agreement shall be effective the date of the signatures of the parties to this Agreement and shall remain in effect until December 31, 2023, 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 parties agree to cooperate and use 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. ARTICLE 5 PARTIES OBLIGATIONS 5.1 The funds provided under the terms of this Agreement may only be used for the payment of costs directly related to the purchase of the Equipment. 5.2 The City will act as the paying agent for all purchases of the Equipment. 5.3 The City hereby permits the VRWJPO, its employees, duly authorized representatives and agents to inspect the Equipment at reasonable times given advance notice of such a request. 5.4 The parties shall abide by all federal, state, and local laws, statutes, ordinances, rules, and regulations in performing the purchase of the Equipment. 5.5 The parties may take and disclose photographs of Equipment for use in publications or promotional material or on its website to highlight the VRWJPO’s or the City’s programs. Each party shall appropriately acknowledge the funding provided by the other party in any promotional materials, signage, reports, publications, notices, and presentations related to the Equipment. This section shall survive the expiration or termination of this Agreement. 5.6 Upon completion of the Equipment purchase, the City shall be responsible for the operation and on- going maintenance of the Equipment for a minimum of 10 years unless the City is prevented from performing this obligation due to acts of God or force majeure events outside of the City’s control. This section survives the term of this Agreement. ARTICLE 6 PAYMENT 6.1 The Grant will reimburse Equipment purchases up to $15,000. 6.2 The Grant has a match requirement to the amount of monies received. The match will be provided by the City up to a total maximum Grant match amount of $5,000. 6.3 The VRWJPO shall pay the City on a one-time basis in an amount not to exceed $15,000 for costs directly related to the purchase of the Equipment. Upon completion of the purchase, the City shall submit all 3 documentation related to the Equipment purchase and an invoice to the VRWJPO for costs directly related to the Equipment. The VRWJPO shall remit payment to the City within 45 days of receipt of an invoice. 6.4 The VRWJPO may refuse to pay any claims not specifically authorized by this Agreement. 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 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 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: Logan Martin, City Administrator City of Rosemount 2875 145th St. W. Rosemount, MN 55068 Telephone: (651) 322-2006 In addition, notification to the City 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: Travis Thiel Telephone: (952) 891-7546 Email: travis.thiel@co.dakota.mn.us CITY Liaison: Jane Byron Storm Water Specialist Telephone: (651) 322-2075 Email: jane.byron@ci.rosemount.mn.us 4 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 Either party may terminate this Agreement for cause by giving seven days’ written notice of its intent to terminate the Agreement 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. Either party may terminate this Agreement for any reason by giving 30 days’ written notice, of its intent to terminate, to the other party. Either party may immediately terminate this Agreement in the event of a violation of any of the terms of this Agreement. 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 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 VRWJPO and the City 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 VRWJPO or the City. 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 5 gives notice to the other party as soon as possible. Acts and events may include 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 Erin Fasbender, City Clerk Date of Signature VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION APPROVED AS TO FORM: By /s/Helen R. Brosnahan Mike Slavik or successor, Chair Assistant Dakota County Attorney Date of Signature: Date of Signature: VRW Res. No. _____ KS-21-76