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HomeMy WebLinkAboutItem 06.cDate: 2 April 2012 Itla'7Rdl APPROVE AMENDMENT TO JOINT POWERS AGREEMENT WITH VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION AND THE CITIES OF FARMINGTON AND LAKEVILLE FOR COST SHARE RELATED TO UPDATE OF LOCAL STORM WATER MODEL Proposed Action Staff recommends adoption of the following motion: Move to approve amendment to the Joint Powers Agreement between Vermillion River Watershed Joint Powers Organization and the Cities of Farmington and Lakeville for cost share related to update of local storm water models (Dakota County Contract # C0020417). Overview At its April 4, 2011 meeting, the City Council approved a cost share agreement with Vermillion River Joint Powers Organization to update the North Creek Watershed Hydrologic Modeling. The amendment extends the term of the agreement with the Vermillion River Joint Powers Organization and the Cities of Farmington and Lakeville. The joint powers agreement was set to expire December 31, 2011. The amendment extends the agreement to December 31, 2012. This will allow final reports for the North Creek Watershed Hydrologic Modeling to be completed and final reimbursements to be submitted to the Vermillion River Watershed Joint Powers Organization. Primary Issues to Consider Why is the amendment needed? The amendment to the JPA allows the Cities of Farmington and Lakeville to finalize the North Creek Watershed Hydrologic Modeling that is being completed by Barr Engineering. It also allows the cities to submit final reimbursements requests to the Vermillion River Watershed Joint Powers Organization. Supporting Information • Amendment to Joint Powers Agreement between Vermillion River Watershed Joint Powers Organization and the Cites of Farmington and Lakeville for cost share related to update of local storm water models McKenzie L.AffWfty Environmental Resources Manager Financial Impact: None Budgeted: Source: Related Documents (CIP, ERP, etc.): Notes: Dakota County Contract #C0020417 FIRST AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION AND THE CITIES OF FARMINGTON AND LAKEVILLE FOR COST SHARE RELATED TO UPDATE OF LOCAL STORM WATER MODELS WHEREAS, effective April 19, 2011, the Vermillion River Watershed Joint Powers Organization (VRWJPO) and the Cities of Farmington and Lakeville (Cities) entered into a cost share joint powers agreement related to the update of the Cities' respective stormwater management models (Agreement), and WHEREAS, the parties desire to amend the Agreement to extend the term of the Agreement; and WHEREAS, the Agreement provides that any amendments shall be valid only when expressed in writing and duly signed by the parties. NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree as follows: 1. To amend Article 3, Term, to extend the effective date to December 31, 2012, or until completion by the parties of their respective obligations under the Agreement, whichever occurs first, unless earlier terminated by law or according to the provisions of the Agreement. 2. Notwithstanding the date of the signatures below, the effective date of this Amendment is December 31, 2011. 3. All other terms of the Agreement between the VRWJPO and the Cities shall remain in full force and effect unless otherwise amended or terminated in accordance with law or the terms of the Agreement. 4. In any case where this Amendment conflicts with the earlier Agreement, this Amendment shall govern. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. CITY OF FARMINGTON Todd Larson, Mayor Date of Signature ATTEST: Date of Signature: City Clerk APPROVED AS TO FORM: 31a�J�vr A sista� nt a�fa Co my Attorney /Date VRW Res. No. 12 -17 K -11- 66.001 CITY OF LAKEVILLE Mark Bellows, Mayor Date of Signature_ Date of Signature: VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION City Clerk Joseph A. Harris, Chair Date of Signature