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EXECUTIVE SUMMARY
City Council Meeting: January 31, 2022
AGENDA ITEM: Wetland Health Evaluation Program (WHEP)
Joint Powers Agreement
AGENDA SECTION:
Consent
PREPARED BY: Jane Byron, Stormwater Specialist AGENDA NO. 6.f.
ATTACHMENTS: Joint Powers Agreement APPROVED BY: LJM
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 (WHEP) is a joint research and educational
project sponsored by the Dakota County Environmental Education Program, 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 2022 will be
approximately $5,000, which will be paid from the Stormwater Utility Fund.
RECCOMENDATION
Staff recommends Council approval and authorization to execute the WHEP Joint Powers Agreement.
Dakota County Contract C0034924
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 (City), a governmental and political subdivision of the State of Minnesota.
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 parties, the term of this Agreement shall commence on
January 1, 2022, and shall continue in full force and effect until December 31, 2026, 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 generally accepted 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.
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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 macroinvertebrates within each City designated wetland,
making note of any invasive species sighted. A consultant hired by the
County shall conduct a quality assurance recheck based on monitoring
protocols.
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: Georg Fischer or successor, Director
Environmental Resources Department
14955 Galaxie Avenue
Apple Valley, MN 55124
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TO THE CITY: Logan Martin or successor, City Administrator
City of Rosemount
2875 145th Street W
Rosemount, MN 55068-4997
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
Paula Liepold, or successor
Telephone: (952) 891-7117
Email: paula.liepold@co.dakota.mn.us
City Liaison
Jane Byron or successor
Teleph 6 one: 51-322-2075
Email: Jane.byron@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.
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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
/s/Helen R. Brosnahan 1/7/22 By
Assistant County Attorney/Date Georg Fischer or successor, Director
KS-21-438-007 Environmental Resources Department
County Board Res. No. 21-606 Date of Signature:
CITY OF ROSEMOUNT
By
Bill Droste or successor, Mayor
Date of Signature:
By
Erin Fasbender or successor, City Clerk
Date of Signature: