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HomeMy WebLinkAboutItem 06.p Date: March 18, 2019 Item No. JOINT POWERS AGREEMENT WITH VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION FOR IRRIGATION SYSTEM AUDIT AND IMPROVEMENT PROGRAM Proposed Action Staff recommends adoption of the following motion: Move to approve the Joint Powers Agreement with the Vermillion River Watershed Joint Powers Organization for the irrigation system audit and improvement program. Overview One of the City’s water conservation initiatives is to promote activities designed to protect aquifers that serve as a source for the municipal water supply system. In 2018, the City and Vermillion River Watershed Joint Powers Organization (VRWJPO) partnered to conduct trial irrigation audits. Homeowner associations (HOA) were targeted due to consistently high-water demands, particularly for irrigation. The 2018 trial was funded by VRWJPO and included two participating HOA. The program will be expanded in 2019 to include: • Audits conducted by Irrigation Association Certified contractors • Expand the number of HOA participants • Recommended improvements/costs to increase irrigation efficiency • Offer a grant opportunity for increasing irrigation system efficiencies Primary Issues to Consider • The Joint Powers Agreement establishes City and VRWJPO project responsibilities and costs. The City’s estimated project cost is $5,000. The VRWJPO will provide funding up to a maximum of $5,000. The VRWJPO will administer all contracts (including grants) and act as the paying agent for all payments to the contractor. Supporting Information • Joint Powers Agreement Financial Impact: $5,000 Budgeted: Y☒ N☐ Source: Water Operating Fund Related Documents: Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Kelly Perrine, Environmental Resources Technician JOINT POWERS AGREEMENT FOR THE IRRIGATION SYSTEM AUDIT AND IMPROVEMENT PROGRAM BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION AND THE CITY OF LAKEVILLE 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, many lakes, streams, and wetlands in the VRWJPO rely on groundwater to sustain their volume and support recreation and biological populations; and WHEREAS, residents, businesses, agriculture, and industries rely almost solely on groundwater for their various needs; and WHEREAS, modeling by the Metropolitan Council shows that continued development of groundwater sources to meet future demands will have an adverse effect on resources, and conversely shows benefit to regional aquifers if demand on groundwater is reduced; and WHEREAS, a growing population and continued investments in infrastructure is needed to supply the population with water; and WHEREAS, the VRWJPO has identified the goal of maintaining a sustainable water supply and various objectives and tasks to address this goal within the VRWJPO’s Watershed Management Plan; and WHEREAS, the City has identified the goal of providing information and promoting activities that protect the source water aquifers that provide water to the municipal system, and objectives and tasks to address this goal, within the City’s Wellhead Protection Plan; and WHEREAS, the most consistent discretionary water use in urban settings is for lawn maintenance and landscaping; and WHEREAS, in the Twin Cities Metropolitan Area, approximately 20 percent of treated drinking water is used outdoors; and WHEREAS, performing irrigation system audits and improvements (Project) that will reduce water use has been identified as an effective means to address VRWJPO and City water supply goals, objectives, and actions; and WHEREAS, targeting townhome and homeowner associations’ (Associations) irrigation systems is effective because most associations have centrally-controlled irrigation systems where improvements made can result in larger water savings; and WHEREAS, the VRWJPO and City wish to partner to perform Projects at Associations as a means to reduce groundwater use and save residents money on unnecessary watering; and WHEREAS, the VRWJPO will hire contractors necessary to perform the audits and improvements; and WHEREAS, the VRWJPO and City have agreed to split the costs for audits and improvements; and WHEREAS, the VRWJPO and City have allocated money within their respective budgets to fund these Projects. NOW, THEREFORE, in consideration of the mutual promises and benefits that the City and the VRWJPO shall derive from this Agreement, the VRWJPO 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 cost-sharing obligations of the parties. 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, 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 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 PAYMENT 5.1 The VRWJPO will administer all contracts and act as the paying agent for all payments to the Contractor. 5.2 The City will reimburse the following project-related activities up to $5,000 related to the irrigation system audits and improvements (VRWJPO eligible). The City will reimburse VRWJPO 100% of the cost for any audit or improvements outside of the VRWJPO boundary. The VRWJPO’s maximum eligible reimbursement amount is $5,000 (Agreement Maximum). 5.3 The VRWJPO will provide funding for Projects in an amount equivalent to the City’s reimbursement as stated in article 5.2 up to a maximum of $5,000 for project within the VRWJPO boundary. 5.4 The City shall pay the VRWJPO for project-related costs on a reimbursement basis. 5.5 The City may refuse to pay claims not specifically authorized by this Agreement. Payment of a claim shall not preclude the City from questioning the propriety of the claim. The City reserves the right to be repaid for any overpayment or disallowed claim. ARTICLE 6 GENERAL OBLIGATIONS 6.1 AUTHORIZED PURPOSE. The funds provided under the terms of this Agreement may only be used by the VRWJPO for the payment of costs directly related to the Project. 6.2 COMPLIANCE WITH LAWS/STANDARDS. The VRWJPO’s contractor shall abide by all federal, state, or local laws, statutes, ordinances, rules, and regulations in implementing the Project, including obtaining all necessary permits to implement the Project. 6.3 PUBLICITY. The parties may take and disclose photographs of Project sites for use in publications or promotional material or on its website for the purpose of highlighting the VRWJPO’s or the City’s programs. Each party shall appropriately acknowledge the funding provided by the other party in any promotional materials, signage, reports, publications, notices, and presentations related to the Projects. 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 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 8 AUTHORIZED REPRESENTATIVES AND LIAISONS 8.1 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 or successor, City Administrator 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. 8.2 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 9 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 10 TERMINATION 10.1 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 VRWJPO 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 of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 10.2 TERMINATION BY CITY FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary, the City 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. The City is not obligated to pay for any services that are provided after written notice of termination for lack of funding. The City will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. The City will pay for expenses incurred by the VRWJPO up to Notice of Termination of work on the Project. 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 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 14 GOVERNMENT DATA PRACTICES The parties 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 15 SURVIVABILITY The provisions of sections 6.4 (Publicity), 7 (Indemnification), and 16 (Government Data Practices) survive the expiration or termination of this Agreement. ARTICLE 16 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 Mike Slavik or successor, Chair Assistant Dakota County Attorney Date of Signature: _____________________ Date of Signature: 3/11/19 VRW Res. No. _____ KS-18-337