HomeMy WebLinkAboutItem 06.oMay 31, 2011
Lakeville
Item No.
June 6, 2011 CITY COUNCIL MEETING AGENDA ITEM
APPROVE JOINT POWERS AGREEMENT WITH VERMILLION RIVER WATERSHED JOINT
POWER ORGANIZATION TO STABILIZE CITY PROPERTY ADJACENT TO CREEK
Proposed Action
Staff recommends adoption of the following motion: Move to approve Cost -Share Agreement and
Contract with Vermillion River Watershed Joint Powers Organization (VRWJPO) and award contract to
Prairie Restorations, Inc. for the amount of $5,600.00 to stabilize 9.3 acres of City owned property
along South Creek and tributaries.
Overview
Through the VRWJPO cost -share program, the shoreline along two different parcels of property will be
restored /stabilized by seeding it with deep rooted native grasses. One area is located along South
Creek and the other is a tributary to South Creek (map attached). Both the Vermillion River Watershed
JPO and the Dakota County Soil and Water Conservation District have identified these areas as
important areas to stabilize as they are tributaries to the Vermillion River. By stabilizing the creek
shoreline and flood plain, there will be reduced erosion and sediment loading to South Creek. The
areas will also filter runoff from the surrounding areas before it reaches the Vermillion River.
The Grant from the VRWJPO will cover 50% of the cost of stabilizing the areas. Prairie Restorations'
cost for restoring both areas is $5,600. The City's contribution will cover the remaining 50% of the
cost. If future maintenance of the area is needed the City will apply for cost share from the VRWJPO.
The agreement does not prohibit future trails or ponding in these areas.
Primary Issues to Consider
• The City owned property was previously farmed and in some areas not in compliance with
the DNR shoreline rules. Restoring the areas will reduce the potential for erosion and
further improve water quality.
Supporting Information
• Map of areas
• Joint Powers Agreement with VRWJPO
McKenzie L. Cafferty E "°
Environmental Resources Manager
Financial Impact: $2,800 Budgeted: Y /N: Y Source: Surface Water Management
Related Documents (CIP, ERP, etc.):
Notes:
LAKEVILLE BLVD
Dakota County Contract #13883
JOINT POWERS AGREEMENT
BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION
AND
THE CITY OF LAKEVILLE
FOR COST SHARE RELATED TO RIPARIAN MANAGEMENT PROJECT
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, the VRWJPO has been conducting geomorphic assessments of subwatersheds to document existing
conditions, identify problem areas and prioritize improvement projects for implementation; and
WHEREAS, the 2009 geomorphic assessment for the South Creek subwatershed identified riparian management
(i.e., the elimination of invasive species and re- establishment of native vegetation and improved habitat along the creek)
as a priority; and
WHEREAS, the CITY has identified two city owned parcels that are in need of riparian management as a result of
active agricultural production, limited buffer width along the stream and invasive species: and
WHEREAS, the CITY desires to undertake a riparian management project on each parcel (PIN 22- 03400 -25 -013
and PIN 22- 03400 -26 -015) and has worked with a consultant to prepare a work plan and cost estimate for said project
(PROJECT); and
WHEREAS, the estimated cost of the PROJECT is $5,600.00 and the CITY is seeking contribution from the
VRWJPO in the amount of $2,800.00; and
WHEREAS, the VRWJPO adopted its Watershed Plan on November 3, 2005, and said Watershed Plan contains a
Cost Sharing Policy that provides guidance to the VRWJPB regarding the cost sharing between the VRWJPO and
potential partners for various watershed management efforts affecting the Vermillion River Watershed; and
WHEREAS, the Cost Sharing Policy sets forth priorities for improvements affecting the Vermillion River Watershed
and that the PROJECT qualifies for up to a 50% cost share; and
NOW, THEREFORE, in consideration of the mutual promises and benefits that the VRWJPO and the CITY 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 responsibilities and cost sharing obligations of the VRWJPO and the CITY
for the PROJECT.
ARTICLE 2
PARTIES
The parties to this Agreement are the Vermillion River Watershed Joint Powers Organization (VRWJPO) acting through its
Joint Powers Board (VRWJPB) and the City of Lakeville, Minnesota (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 August 31, 2011, 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 the 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 shall cost share with the CITY in an amount equal to 50% of the total cost incurred by the CITY
for installing the PROJECT, but not to exceed Two Thousand Eight Hundred and No /100 Dollars ($2,800.00).
5.2 The VRWJPO shall make payment to the City after installation of the Project has been completed and the
VRWJPO has verified that the Project has been installed in accordance with the specifications for said Project,
which are attached hereto and incorporated herein as 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 or disallowance of claim by reducing future payments.
ARTICLE 6
CITY'S OBLIGATIONS
6.1 AUTHORIZED PURPOSE. The cost share funds may only be used by the CITY for the payment of costs
associated with the installation of the PROJECT on CITY owned parcels identified by the following parcel
identification numbers: 22- 03400 -25 -013 and 22- 03400 -26 -015.
6.2 INSTALLATION REQUIREMENTS. The Project shall be installed in accordance with the specifications in Exhibit
1. Any modifications to said specifications require prior approval from VRWJPO staff.
6.3 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
PROJECT. This section shall survive the expiration or termination of this Agreement.
6.4 COMPLIANCE WITH LAWS /STANDARDS. The CITY shall abide by all federal, state, or local Taws, statutes,
ordinances, rules and regulations in conducting the PROJECT.
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. This section shall survive the expiration or termination of this Agreement.
TO THE VRWJPO:
TO THE CITY:
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 in a modification of this Agreement:
Joseph A. Harris or successor, Chair
Vermillion River Watershed Joint Powers Organization
14955 Galaxie Avenue
Apple Valley, MN 55124
Telephone: (952) 891 -7030
Mark Bellows or successor, Mayor
City of Lakeville
20195 Holyoke Ave.
Lakeville, MN 55044
Telephone: (952) 985 -4420
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 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
CITY Liaison: Mac Cafferty
Telephone: (952) 985 -4520
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, and signed by the Authorized Representatives
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.
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10.2 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 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 VRWJPO to the CITY by facsimile is sufficient notice under this section. 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.
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.
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.
APPROVED AS TO FORM:
"iGt��Gt., "Mcr2 � ✓u
As istant Dalfota Cloun
VRW Res. No. 11 -29
K -11 -165
Attorney Date
ARTICLE 11
MINNESOTA LAW TO GOVERN
ARTICLE 12
MERGER
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below.
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CITY OF LAKEVILLE
By
Mark Bellows, Mayor
Date of Signature:
By
City Clerk
Date of Signature:
VERMILLION RIVER WATERSHED
JOINT POWERS BOARD
By
Joseph A. Harris, Chair
Date of Signature:
An outline of the suggested materials and procedures to be used to
establish prairie grasses at two separate sites in Lakeville
(approximate size 9.3 acres)
A. Site Preparation:
In areas with actively growing vegetation (1 acre hay field) apply Roundup
Originalmax® herbicide as per manufacturer's directions. Allow a minimum of 10 days
before disturbing the vegetation with other procedures.
2. Di sk or till the soil to a depth of 4 ".
3. Harrow or rake the soil to create a firm, smooth seedbed.
B. Seed and Seeding:
1. Seeding dates shall be in the spring or summer before July 1.
2. All grass seed shall be applied with a Truax® or Tye a seed drill,
3. A harrowing or raking shall follow all grass seeding.
4. The seed mixes shall consist of the following species and amounts:
Grasses lbs. /project area
Mixed height mesic mix:
32% Big bluestem, 28% Little bluestem, 22% Indian grass,
10 % Side oats grama, 3% Canada wild rye, 2% Switch grass
by PLS weight. 1% Kalm's brome, 1% June grass,
1% Sand dropseed by bulk weight 95 lbs
C. Erosion Control:
1. Cover crop will be sown along with the native grasses.
D. Costs:
Site preparation $1,950
Seed and seeding $3,650
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Date: 5/10/2011
E. Guarantee: Prairie Restorations, Inc. (PRI) has a great tradition of successfully
installing native landscapes throughout the Upper Midwest. We feel our expertise in
this industry is second to none and we stand behind every one of our projects. Because
we are confident in our abilities to provide you with the best possible materials and
services, we are proud to offer the following guarantee:
On projects installed by PRI crews within the specified dates, we will guarantee
successful establishment within three full growing seasons, given the following
conditions:
1. That PRI materials and PRI installation services are used on the project.
2. That the failure of the project is not due to the actions of others.
3. That PRI staff has been consistently involved with the maintenance of the project
(consultation with the client or direct utilization of PRI management services) from
the time of germination until the end of the third growing season (i.e. mowing, spot
spraying, controlled burning).
This outline provides a step -by -step plan for accomplishing the restoration of this site. If
successful establishment does not occur within three full growing seasons, all necessary
steps will he taken to ensure the eventual success of the project, at no additional charge.
For purposes of this guarantee, successful establishment is defined as follows: That
the presence of at least 75% of the original seeded or planted species can be found on
site, and that the overall density of vegetation is comprised of no less than 75% native
species.
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