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HomeMy WebLinkAboutItem 06.n Date: October 5, 2020 Item No. JOINT POWERS AGREEMENT WITH VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION FOR JAGUAR AVENUE STORMWATER BASIN IMPROVEMENTS Proposed Action Staff recommends adoption of the following motion: Move to approve Joint Powers Agreement with the Vermillion River Watershed Joint Powers Organization for Jaguar Avenue Stormwater Basin Improvements, City Project 20-41. Overview The City and Vermillion River Watershed Joint Powers Organization (VRWJPO) are partnering to complete enhancements to an existing stormwater management basin located at the intersection of Kenwood Trail and Jaguar Avenue. The basin was constructed with the County Road 50 Reconstruction project and designed to capture sediment/pollutants and improve the water quality of Lake Marion. Due to unanticipated existing field conditions, the basin requires additional enhancements to function at its optimum level. Improvements include additional draintile installation, sediment removal and vegetation enhancement. The Joint Powers Agreement (JPA) establishes City and VRWJPO project responsibilities and costs. Primary Issues to Consider • The City is the lead agency; therefore, total project cost (City, County and VRWJPO share) is reflected in this memo. The estimated project cost is $50,000. The City, County and VRWJPO will share in the project cost consistent with the terms of this JPA and the existing Joint Powers Agreement between the City and County; the City’s estimated net cost is $18,000. Project financing is summarized below: Funding Sources Amount Stormwater Infrastructure Fund $18,000 Vermillion River Watershed Joint Powers Organization $10,000 Dakota County $22,000 Total $50,000 Supporting Information • Joint Powers Agreement Financial Impact: $50,000 Budgeted: Y☒ N☐ Source: Stormwater Infrastructure Fund Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Mac Cafferty, Environmental Resources Manager JOINT POWERS AGREEMENT FOR THE JAGUAR AVENUE STORMWATER BASIN ENHANCEMENT PROJECT BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION AND THE CITY OF LAKEVILLE CITY PROJECT 20-41 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 Lakeville (City) is a governmental and political subdivision of the State of Minnesota; and WHEREAS, Lake Marion is a lake within the Vermillion River Watershed; and WHEREAS, Lake Marion was identified in the Vermillion River Watershed Restoration and Protection Strategy (WRAPS) report as a resource that should be protected from water quality impairment; and WHEREAS, the Jaguar Avenue stormwater basin (Basin) was constructed to prevent pollutants from reaching Lake Marion; and WHEREAS, the Basin requires enhancements (Project) in order to function to its full pollutant removal capacity; and WHEREAS, the VRWJPO, Dakota County and the City were partners in the construction of the Basin and desire to have the Basin fully functional. WHEREAS, the estimated Project cost is $43,350; and WHEREAS, the VRWJPO and City are partnering to construct the Project; and WHEREAS, the VRWJPO and City have both included funding for the Project in their Capital Improvement Plan or operating budgets and will jointly participate in the construction of the Project. NOW, THEREFORE, in consideration of the mutual promises and benefits that the City and the VRWJPO shall derive from this Agreement, the VRWJPO, 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 Project responsibilities and Project cost-sharing obligations of the VRWJPO and the City. ARTICLE 2 PARTIES The parties to this Agreement are the VRWJPO and the City. 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, 2021, 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 VRWJPO and City 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. ARTICLE 5 PROJECT PLANS AND SPECIFICATIONS The City is the lead agency for design and construction administration of this Project, effective upon execution of this Agreement by both Parties. The VRWJPO and City shall approve the plans and specifications (Project Plans) prior to soliciting contractors to complete the Project. ARTICLE 6 PAYMENT 6.1 The City will administer the contract and act as the paying agent for all payments to the Contractor. 6.2 The VRWJPO will reimburse the City up to $10,000 for the Project. 6.3 No payment shall be made prior to completion of the Project. 6.4 The VRWJPO shall pay the City for construction costs on a reimbursement basis. All requests for payment shall be supported by itemized Project receipts and invoices determined by the VRWJPO to be practical and reasonable for completion of the Project. 6.5 The VRWJPO may refuse to pay claims 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 be repaid for any overpayment or disallowed claim. ARTICLE 7 CITY OBLIGATIONS 7.1 AUTHORIZED PURPOSE. The funds provided under the terms of this Agreement may only be used by the City for the payment of costs directly related to the Project. 7.2 CONSTRUCTION REQUIREMENTS. The Project shall be constructed in accordance with the Project Plans. The VRWJPO and City shall approve any modifications to the Project Plans. 7.3 CONSTRUCTION AND DESIGN FAILURES. Any failure related to construction or design of the Project shall be addressed in the contracts with the construction firm or professional services firm. 7.4 RIGHT-OF-ENTRY. The City hereby permits the VRWJPO, its employees, duly authorized representatives and agents to enter upon and have rights of ingress and egress over and access at reasonable times to the real property where the Project will be located for the purpose of inspecting the construction of the Project. 7.5 COMPLIANCE WITH LAWS/STANDARDS. The City shall abide by all federal, state, or local laws, statutes, ordinances, rules and regulations in constructing the Project, including obtaining all necessary permits to construct the Project. 7.6 PUBLICITY. The City hereby permits the VRWJPO to take and disclose photographs of the Project for use in publications or promotional material or on its website to highlight the VRWJPO’s programs. The City shall appropriately acknowledge the funding provided by the VRWJPO in any promotional materials, signage, reports, publications, notices and presentations related to the Project. This section shall survive the expiration or termination of this Agreement. ARTICLE 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 VRWJPO and the City. Each party warrants that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program and that each has minimum coverage consistent with liability limits contained in Minn. Stat. Ch. 466. In the event of any claims or actions filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. This section shall survive the expiration or termination of this Agreement. ARTICLE 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 an amendment 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: Justin Miller, City Administrator, or successor City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Telephone: (952) 985-4400 In addition, notification to the VRWJPO regarding termination of this Agreement by the City 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 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: McKenzie Cafferty Environmental Resources Manager Telephone: (952) 985-4520 Email: mcafferty@lakevillemn.gov ARTICLE 10 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, or as delegated by the Parties’ respective Boards, and signed by the Authorized Representatives, or delegated authority, of the VRWJPO and the City. ARTICLE 11 TERMINATION 11.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days’ written notice or without cause by giving 30 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 City in the event of a default by the VRWJPO. 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. 11.2 TERMINATION BY VRWJPO FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary, the VRWJPO may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding sources, or if its funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. The VRWJPO is not obligated to pay for any services that are provided after written notice of termination for lack of funding. The VRWJPO will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. The VRWJPO will pay for expenses incurred by the City up to Notice of Termination of work on the Project. ARTICLE 12 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 13 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 14 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 15 GOVERNMENT DATA PRACTICES The City and the VRWJPO 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 City or the VRWJPO. ARTICLE 16 SURVIVABILITY The provisions of sections 7.3 (Construction and Design Failures), 8 (Indemnification) and 15 (Government Data Practices) survive the expiration or termination of this Agreement. ARTICLE 17 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. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date(s) indicated below. CITY OF LAKEVILLE By ___________________________________ Douglas P. Anderson or successor, Mayor Date of Signature: _____________________ By ___________________________________ Char Friedges, City Clerk Date of Signature: _____________________ VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION APPROVED AS TO FORM: By ___________________________________ /s/ Helen R. Brosnahan 10/1/20 Mike Slavik or successor, Chair Assistant Dakota County Attorney Date of Signature: _____________________ VRW Res. No. KS-20-429