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HomeMy WebLinkAboutItem 06.i Date: September 17, 2018 Item No. JOINT POWERS AGREEMENT WITH VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION FOR LEGACY PARK TURF CONSERVATION PROJECT Proposed Action Staff recommends adoption of the following motion: Move to approve Joint Powers Agreement with Vermillion River Watershed Joint Powers Organization for the Legacy Park turf conservation project. Overview The City and Vermillion River Watershed Joint Powers Organization (VRWJPO) are partnering on the Legacy Park turf conservation project. The project involves the planting and installation of vegetation (a fescue seed mix supplemented with compost material) designed to reduce maintenance requirements and water demands, and increase infiltration rates. The project will serve as a demonstration site for the City and other surrounding area cities within the VRWJPO watershed, including private landowners. The City is the lead agency for the project; the project is programmed for Fall 2018. The $5,000 grant from the Vermillion River will cover the additional cost of adding compost to the site. Primary Issues to Consider • The Joint Powers Agreement establishes City and VRWJPO project responsibilities and cost participation. Supporting Information • Joint Powers Agreement (VRWJPO Contract C0030728) Financial Impact: $(5,000) Budgeted: Y☐ N☒ Source: VRWJPO Related Documents: Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: McKenzie Cafferty, Environmental Resources Manager JOINT POWERS AGREEMENT BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION AND THE CITY OF LAKEVILLE FOR LEGACY PARK CONSERVATION TURF 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, Minnesota (City) is a governmental and political subdivision of the State of Minnesota; and WHEREAS, the City wishes to implement a conservation turf with soil enhancements within the newly constructed Legacy Park for the purpose of: 1) reducing water demand; 2) reducing maintenance requirements; 3) reducing input demands; and 4) increasing infiltration rates and reducing corresponding runoff (hereinafter, Project); and WHEREAS, the Project will include installing approximately 36,300 square feet of low-mow fescue grass and soil enhancements to reduce turf grass inputs and reduce water use. Of the total area seeded, the following will be followed for soil enhancements: 1) 27,000 square feet of seeded area will be supplemented with 1 inch of compost and 6 inches of topsoil, with the subsoils ripped to 12 inches to relieve any site compaction, and the topsoil and compost tilled into existing soils to a depth to 6 inches; 2) 9,000 square feet of seeded area supplemented by 1 inch of compost and tilled into existing soils to a depth of 6 inches; and 3) 300 square feet seeded directly into native soil with no soil enhancements; and WHEREAS, the City will construct the project as described in Exhibit 1, Vermillion River Watershed Stewardship Grant Application, attached hereto and incorporated herein, and according to approved plans; and WHEREAS, the City will quantify the benefits of the soil enhancements and conservation turf seeding. The resulting Project data and information will be used by the City and VRWJPO to provide presentations and other educational resources on environmental benefits achieved and costs or time involved in turf maintenance; and WHEREAS, the Project will be a conservation turf demonstration site for the City and surrounding area parks staff and private landowners. The Project will allow for the quantification of resource reduction Page 1 of 7 VRWJPO Contract C0030728 potential (water, fossil fuel, fertilizer and herbicides) to determinate if wide-scale implementation is a cost-effective solution to upholding recreational facilities; and WHEREAS, using the collected data, the City will partner with the VRWJPO to educate area committee members and parks staff on conservation turf within a series of VRWJPO's Turfgrass Maintenance Workshops. The City will also partner with the Minnesota Park and Sports Turf Management Association (MNPSTMA) to feature project information within their 2019 educational schedule; and WHEREAS, this effort fits within the criteria of the Stewardship Grant because the purpose is clear and aligned with the Watershed Plan Goals A) Protect or restore water quality in lakes, streams, and wetlands; B) Protect and restore groundwater quality; C) Maintain a sustainable water supply; E) Improve public awareness and stewardship of water resources; and F) Improve watershed resilience to changing precipitation and temperature patterns; and WHEREAS, the VRWJPO has a Stewardship Grant program which encourages events and activities which support community-based actions to protect and improve water resources in the Vermillion River Watershed; and WHEREAS, the Project is an effective way to quantify benefits and educate others about conservation turf seeding with soil enhancements; and WHEREAS, the estimated cost of the Project is $27,297.00. The City is seeking $5,000.00 from the VRWJPO for the Project. NOW, THEREFORE, in consideration of the mutual promises and benefits that the City and the VRWJPO shall derive from this Agreement, the City and the VRWJPO, through the VRWJPB, 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 City and the VRWJPO for the Project. ARTICLE 2 PARTIES The parties to this Agreement are the VRWJPO acting through the VRWJPB and the City. Page 2 of 7 VRWJPO Contract C0030728 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 November 30, 2019, 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 City and the VRWJPO 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 PAYMENT 5.1 The VRWJPO shall cost share with the City in amount not to exceed Five Thousand Dollars ($5,000.00) for costs directly related to the completion of the Project. 5.2 The VRWJPO shall make payment to the City on a one-time reimbursement basis upon Project completion and verification and acceptance by the VRWJPO that the Project has been completed in accordance with the terms of this Agreement and in accordance with the specifications for the Project as described in Exhibit 1. 5.3 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 offset any overpayment of disallowance of claim by reducing future payments. ARTICLE 6 CITY’S OBLIGATIONS 6.1 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 completion of the Project as described in Exhibit 1. 6.2 IMPLEMENTATION REQUIREMENTS. The Project shall be implemented in accordance with approved specifications in Exhibit 1. Any modifications to the specifications require prior approval from VRWJPO staff. Page 3 of 7 VRWJPO Contract C0030728 6.3 COSTS. The City is solely responsible for all other costs of implementing the Project according to the approved plans and specifications. 6.4 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 implementation of the Project. 6.5. COMPLIANCE WITH LAWS/STANDARDS. The City shall abide by all federal, state, or local laws, statutes, ordinances, rules, and regulation in implementing the Project, including obtaining all necessary permits to implement the Project. 6.6 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 for the purpose of highlighting the VRWJPO’s programs. The City shall appropriately acknowledge the funding provided by the VRWJPO, and will include the organization’s logo, 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 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 neither party shall be responsible for the acts of the other party, its officers, employees, or agents. The provisions of the Municipal Tort Claims Act, Minnesota Statute Chapter 466, and other applicable laws govern liability of the parties. To the full extent permitted by law, actions by the parties, their respective officers, employees and agents, pursuant to this Agreement are intended to be and shall be construed as a “cooperative activity” and it is the intent of the parties that they shall be deemed a “single governmental unit” for the purpose of liability, as set forth in Minnesota Statutes Section 471.59, subd. 1a(b), provided further that for purposes of that statute it is the intent of each party that this Agreement does not create any liability or exposure of one party for the acts or omissions of the other party. ARTICLE 8 AUTHORIZED REPRESENTATIVES AND LIAISONS 8.1 AUTHORIZED REPRESENTAITVES. 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 specially 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 the Agreement. TO THE VRWJPO: Mike Slavik or successor, Chair Vermillion River Watershed Joint Powers Organization Page 4 of 7 VRWJPO Contract C0030728 14955 Galaxie Avenue Apple Valley, MN 55124 Telephone: 952-891-7030 TO THE CITY: Douglas Anderson or successor, Mayor City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Telephone: 952-985-4410 In addition, notification to the VRWJPO 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 operations 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 designated liaisons: VRWJPO LIAISON: Paula Liepold Telephone: 952-891-7117 Email: paula.liepold@co.dakota.mn.us CITY LIAISON: McKenzie Cafferty Environmental Resources Manager Telephone: 952-985-4520 Email: mcafferty@lakevillemn.gov ARTICLE 9 MODIFICATIONS Any alterations, variations, modifications, or waivers to 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 10.2 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 Page 5 of 7 VRWJPO Contract C0030728 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. 10.3 TERMINATION BY THE 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 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 VRWJPO to the City by facsimile is sufficient notice under this Agreement. The VRWJPO in 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. 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 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 DATE 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 Page 6 of 7 VRWJPO Contract C0030728 disseminated under this Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of data referred to in this clause by either the City or the VRWJPO. 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 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. ARTICLE 16 EXHIBITS Exhibits 1, 2, and 3 are attached and incorporated herein by reference. If there is any conflict between this Agreement and the Exhibits, this Agreement shall govern. Exhibit 1 – Stewardship Application Exhibit 2 – Standard Assurances Exhibit 3 – Insurance Terms IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. CITY OF LAKEVILLE By ____________________________________ Douglas Anderson, Mayor Date of Signature: _______________________ VERMILLION RIVER WATERSHED APPROVED AS TO FORM: JOINT POWERS ORGANIZATION By ____________________________________ /s/Margaret M. Horsch 8/30/18 Mike Slavik, Chair Assistant Dakota County Attorney Date Date of Signature: _______________________ VRW Res. No. 18-31 Page 7 of 7 VRWJPO Contract C0030728 Vermillion River Watershed Joint Powers Organization 14955 Galaxie Avenue, Apple Valley, MN 55124 Phone: 952-891-7000 Email: paula.liepold@co.dakota.mn.us Web: vermillionriverwatershed.org Vermillion River Watershed Stewardship Grant Application Project Information Project Name: Applicant Information Primary Applicant Organization’s Legal Name: Primary Applicant Website (if applicable): Contact Person’s Name and Title: Contact Person’s Mailing Address: Contact Person’s Phone: Contact Person’s Email Address: Grant Signatory’s Name and Title: Grant Signatory’s Mailing Address: Grant Signatory’s Phone: Grant Signatory’s Email address: Applicant Description Description of the applicant (and any partners) and why they are interested in this event/activity: VRWJPO Contract C0030728 Exhibit 1 - Page 1 of 7 Event/Activity Description Who (is involved, affected, leading): What (activities will take place): Where (list specific geographic areas involved): When (provide a brief timeline): Why (importance of event/activity): Environmental Benefit How will this event/activity improve water quality or natural resources? Describe how the activity is appropriate in size and scale for the selected area. Attach a design or plan, if applicable. VRWJPO Contract C0030728 Exhibit 1 - Page 2 of 7 Community Benefit How will this event/activity build community understanding, knowledge, or initiative related to water and natural resource issues and solutions? Success How will you measure the success of your event/activity? Will routine maintenance will be required for your project? Are you willing to maintain all improved areas if the project is funded? Provide detail of ongoing maintenance plan. VRWJPO Contract C0030728 Exhibit 1 - Page 3 of 7 Project Scope Task/Objective 1: Deliverables: Task/Objective 2: Deliverables: Task/Objective 3: Deliverables: Task/Objective 4: Deliverables: Task/Objective 5: Deliverables: Task/Objective 6: Deliverables: VRWJPO Contract C0030728 Exhibit 1 - Page 4 of 7 Funding Dollar Amount Requested Estimated Total Project Cost Complete the budget form below. Include matching funds or other resources. Task/Objective Personnel/ Staff Expenses Other Eligible Expenses Amount Requested from VRWJPO Other Funding Total Task/ Objective Cost 1. 2. 3. 4. 5. 6. Total Will the applicant be able to complete the event/activity if full funding is not received from the VRWJPO? Signature Signature of Applicant. I certify the above information is true and accurate. Date Print Name of Applicant. VRWJPO Contract C0030728 Exhibit 1 - Page 5 of 7 Valley Lake §¨¦35 162ND ST W K E N WOODTRL160TH ST W 185TH ST W 210TH ST W DODDBLVDCEDAR AVE215TH ST W KENWOODTRL DODD BLVD202ND ST W JUNIPERWAY PILOT KNOB RDCEDAR AVEKENRICKAVE45675 456746 456750 456750 456723 45679 456760 45675 456760 456723 456723 456770 45679 456731 456746 456750 45679 456770 Crystal Lake KingsleyLake Lee Lake Orchard Lake EastLake GooseLake Lake Marion DAKOTA COUNTY VermillionWatershed City ofLakeville ParkviewElementary Project AreaHAZELNUTAVEHOLD I NGFORDWAYHOLLOWAYLNHOLT CT197TH ST W 195TH CT WHIGHVIEWAVEHEXHAMWAYHENNING A V E H IB BI NGWAYHOLYOKE AVE195TH ST W HIGHVIEW AVE¹ Legacy Park Conservation Turf VRWJPO Contract C0030728 Exhibit 1 - Page 6 of 7 VRWJPO Contract C0030728 Exhibit 1 - Page 7 of 7