Loading...
HomeMy WebLinkAbout20100405 - VI-20MEMO To: Honorable Mayor and City Council From: Nick Egger — City Engineer Date: March 31, 2010 Re: Approve Entry into Joint Powers Agreement with Vermillion River Watershed Joint Powers Organization The Council is requested to approve the City's entry and authorize the signature of the Mayor and City Clerk on the attached Joint Powers Agreement (JPA) with the Vermillion River Watershed Joint Powers Organization (VRWJPO). The agreement sets forth terms of reimbursement to the City for cost sharing in the Industrial Park Ravine and Infiltration Pond construction in 2009. The amount of the reimbursement is $125,000. The VRWJPO Board approved the agreement at their February 25 "' meeting, and payment was received by the City just recently. City Attorney Fluegel and I have both reviewed the document earlier in the year and had only minor formatting changes to note. These changes have been incorporated into the final version of the document. Minutes from the February 25 VRWJPO Board Meeting on the item are shown below: 7d. Authorization to Execute a Joint Powers Agreement with the City of Hastings for Cost Share for Pond Construction and Ravine Stabilization and Restoration Travis Thiel provided an overview of the completed project, and indicated that the funding was included in the VRWJPO 2010 Budget. Commissioner Krause asked to be reminded of the project location, and Mark Zabel provided information. Res. No. VRW 10 -10. Motion by Commissioner Krause, Second by Commissioner Wolf, and passed on a 2 -0 roll call vote to authorize the Board Chair to execute a Joint Powers Agreement with the City of Hastings for Cost Share for Pond Construction and Ravine Stabilization and Restoration. WHEREAS, the Vermillion River Watershed Joint Powers Organization (VRWJPO) adopted its Watershed Plan in November 2005, which includes a cost sharing policy for Capital Improvement Projects that improve water quality in the Vermillion River Watershed; and WHEREAS, at its March 26, 2009, meeting the Vermillion River Watershed Joint Powers Board ( VRWJPB) authorized staff to negotiate ajoint powers agreement with the City of Hastings for cost share on a portion of the of the City's Industrial Park Improvement Project, in an amount not to exceed $125, 000, and WHEREAS, the project's purpose was to stabilize and restore an eroding 2, 200 -foot ravine located between Spiral Boulevard and 21st Street in Hastings, which carries runoff from a developed area directly to the Vermillion River; and to construct a pond at the top of the ravine to slow the rate of stormwater discharge through the ravine and capture volume and pollutants such as sediments and phosphorus, and WHEREAS, the project provides water quality benefits and is consistent with the VRWJPO's cost sharing policy; and WHEREAS, VRWJPO staff has determined that the project was constructed in accordance with the approved project design. NOW, THEREFORE, BE /T RESOLVED, that the VRWJPB authorizes its chair to execute a joint powers agreement with the City of Hastings as presented to the VRWJPB at its meeting on February 25, 2010; subject to approval by the Dakota County Attorney's Office as to form. COUNCIL ACTION RECOMMENDED Approve entry into the JPA and authorize signatures of the Mayor and City Clerk. Dakota County Contract #11880 JOINT POWERS AGREEMENT EEMEI T BETWEEN THE VERMILLION RIVER WATERSHED JOINT T POWERS BOARD AND THE CITY of HASTINGS FOR COST SHARE RELATED To THE 2009 INDUSTRIAL IAL PARK IMPROVEMENT T PROJECT WHE REAS , M inn. Stat. § 471.50 authorizes focal governmental units to jointly or cooper tiv ly exe rc ise 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 VRWJP governed by the VermiII io n Diver 1 ate rs hed Joint Powers Board (VRWJPB ) and is charged with oa"ing out the duties set forth in Minn. Stat. §§ 1 0313.211 to 103B.255 and as otherwise provided by lava; and WHEREAS, the City of Hastings IT is governmental and political subdivision of the State of Minnesota; and WHEREAS, S, the CITY constructed a capital improvement project commonly referred to as the 2009 Industrial Park Improvement Project (PROJECT); and WHEREAS, part of the purpose of the PROJECT was to stabilize and restore an eroding ravine located between Spiral Boulevard and 21 Street in Fasting; and WHEREAS, EAS, the ravine is ,tog feet long and runoff` from a fully developed area upstream of the ravine drains in the Vermillion River, carrying pollutants such as sediments and phosphorus; and WHEREAS, EAS, pond was constructed at the top of the ravine to slow the rate of discharge through the ravine and capture some volume a nd pollutants prior to discharge; and WHEREAS, the CITY retained Barr Engineering, Co. to design the PROJECT; and WHEREAS, the cost of the PROJECT T was $342,915.13 and the CITY has requested that the VRW JPB provide cost share funding for the PROJECT; and WHEREAS, staff of the V IIJP , the Dakota County Soil & Water C onservation District, the CITY, and the ITY's PROJECT consultant worked together to design, review, and alter the design of the PROJECT tb ensure the beneficial management of water quality, grater quantity, and aesthetics; and WHEREAS, VRWJPO staff have determined that the PROJECT was constructed in accordance with the approved PROJECT design: and WHEREAS, , the VRWJPO adopted its Watershed Plan on November r , 2005, and said Watershed Plan contains a Cost Sharing Policy that provides guidance to the VR JPB regarding the cost sharing between the VRWJPO and potential partners for various watershed management efforts affecting the Vermillion River r 11 at r hed; and WHEREAS the Cost Sharing Policy sets forth priorities for i mprovements. affecting the Vermillion River Watershed and the PROJECT constructed by the CITY qualifies for cost share; and NOW, , THEI EFOI E, in consideration of the ;mutual promises and benefits that the VRWJPO and the CITY shall derive from this Agreement, the VRWJP , through the VRWJPB, and the CITY 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 CITY for the PROJECT. ARTICLE PARTIES The parties to this Agreement are the Vermillion River Watershed Joint Powers organization VR JP acting through its Joint Powers Board VR IIJPB and the City of Hastings, Minnesota (CITY), ARTICLE TERM This Agreement shall be effective the date of the signatures of the parties to this Agreement and shall remain in effect until June 30, 2010, 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 COOPERATION The VRI1 JPO and the CITY agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and fo in good faith, undertake resolution of any dispute in an equitable and timely manner. ARTICLE PAYMENT The VRWJPO shall cost share with the CITY in an amount not to exceed One Hundred Twenty --Five Thousand and Nol100 Dollars ($125,000,00) for the costs related to the CITY's design and construction of the PROJECT. The VRWJP shall male payment to the CITY within forty -five 4 days of receiving an invoice from the CITY or within forty -five (45 days from the date this Agreement is fully executed, whichever is later. The VRWJPO may refuse to pay any claim that is not specifically authorized by this Agreement. Payment of a claim shall not preclude the VRWJPO from questioning the propriety of the claim. The VRWJPO reserves the right to off=set any overpayment or disallowance of claim by reducing future payments. ARTICLE CITY'S OBLIGATIONS 6.1 AUTHORIZED PURPOSE. The cost share funds may only be used for the costs associated with the design and construction of the PROJECT. 6.2 ACKNOWLEDGMENT. The CITY shall appropriately acknowledge the funding assistance provided by the VRWJPO in any promotional materials, signage, reports, publications, notices, and presentations relating to the design and construction of the PROJECT. This section shall survive the termination of this Agreement. 6.3 COMPLIANCE WITH LANDS /STANDARDS. The CITY shall wide by all federal, state, or foal laws, statutes, ordinances, rules and regulations in constructing the PROJECT. ARTICLE INDEMNIFICATION To the fullest extent permitted by law, the CITY shall defend, indemnify and hold harmless the VRWJPO and its officers and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the conduct or implementation of the funded cost share activities. This obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which otherwise would exist between the VRWJPO and the CITY. The provisions of this section shall survive the expiration or termination of this Agreement. This indemnification shall not be construed as a waiver on the part of either the VRWJPO or the CITY of any immunities or limits on liability provided by Minn, Stat. Ch. 466, or other applicable state or federal law. This section shall survive the termination of this Agreement. ARTICLE ACCOUNTING AND AUDITING REQUIREMENTS 8.1 ACCOUNTING AND RECORDS. The CITY agrees to establish and maintain accurate and complete accounts, financial records and supporting documents relating to the receipt and expenditure of the cost share funds. Such accounts and records shall be kept and maintained by the CITY for a minimum period of six years following the expiration of this Agreement. 8.2 AUDITING. The books, records, documents and accounting procedures and practices of the CITY that are relevant to this Agreement are subject to examination by the VRWJPO and the State Auditor for a minimum of six years following the expiration of this Agreement. 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 parlay 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 TIME VRWJPB: Joseph A. Harris or successor, Chair Vermillion River Watershed Joint Powers Organization 14955 Galaie Avenue Apple Valley, MN 55124 To THE CITY: Paul Hicks or successor, Mayor City of Hastings 1014 th St reet East Hastings, MN 55033 In addition, notification to the VRWJPB regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota Counter Attorney, 1560 Highway 55, Hastings, Minnesota 55033. 8.5 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 VRWJPB and the CITY. The VRWJBP 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: VRWJPB Liaison: Mark Zabel Telephone: (952) 891 --7011 ma . za beI o.dakota.mn.us CITY Liaison: Flick Egger City Engineer Telephone: (651) 480-2730 ARTICLE LE MODIFICATIONS Any alterations, variations, modifications, or w 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 VRWJPB and the CITY. ARTICLE TERMINATION 10.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days' written notice or without cause b giving thirty 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 VRW PB in the event of a default by the CITY. 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 oforfailure to adequately perform the terms of this Agreement prior to the effective date of termination. 10.2 TERMINATION BY VRWJPO FOR LACK of FUNDING. Notwithstanding any provision of this Agreement to the contrary, the VRWJPB 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 allow payment of the amounts due under this Agreement. Written notice of termination sent by the VRWJPB to the CITY by facsimile is sufficient notice under this section. The VRWJ PB is not obligated to pay for any s ervices that are provided after written notice of termination for lack of funding. The VRWJPB will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. ARTICLE 11 MINNESOTA LAW To G OVERN 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 enued in the counter of Dakota, State of Minnesota. ARTICLE 1 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 1 EI ERAB1LITY 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 indicated below. 9A APPR AS TO FORM: CITE' OF HASTINGS By Paul Hicks, Mayor Date of Signature: Melanie flesko Lee, City Clerk Date of Signature: VERMILLION IO RIVER WATERSHED HED JOINT T PO WER BOARD By Assistant Dakota County Attorney Date Joseph A. Harris, Chair Date of Signture:..�.�...��.... 1 R1 VRW Res. No. 10- K -Og-