HomeMy WebLinkAbout6.j. Joint Powers Agreement with the Vermillion River Watershed Joint Powers Organization for the Homeowners’ Association Irrigation Audit ProgramI:\City Clerk\Agenda Items\Approved Items\6.j. Joint Powers Agreement with the Vermillion River Watershed Joint Powers Organization for the Homeowners’ Association Irrigation Audit Program.docx
EXECUTIVE SUMMARY
City Council Regular Meeting: August 17, 2021
AGENDA ITEM: Joint Powers Agreement with the
Vermillion River Watershed Joint Powers
Organization for the Homeowners’
Association Irrigation Audit Program
AGENDA SECTION:
Consent
PREPARED BY: Jane Byron, Storm Water Specialist
Brian Erickson, Director of Public
Works/City Engineer
AGENDA NO. 6.j.
ATTACHMENTS: JPA for HOA Irrigation Audit Program APPROVED BY: LJM
RECOMMENDED ACTION: Motion to approve a Joint Powers Agreement with VRWJPO
for an irrigation audit cost share program for HOAs
BACKGROUND
Since 2018, the Vermillion River Watershed Joint Powers Organization (VRWJPO) has been operating a
program in conjunction with cooperating cities to provide reduced cost irrigation system audits for
homeowners’ associations (HOAs) in an effort to conserve water and improve stormwater quality. HOAs
that complete the project then qualify for a cost share grant to pay for a portion of improvements
recommended in the audit through the following year. Rosemount began participating in the program in
2020; three HOA’s have been selected in Rosemount for the program in 2021.
As part of the HOA Irrigation Audit Program, HOAs must apply for consideration and be selected. Due
to the popularity of the program HOAs may be turned away. In order to qualify, the HOAs irrigation
system must also be at least 10 years old. An application period was open this spring, and the City of
Rosemount has already selected three associations for the HOA Irrigation Audit Program for 2021. All
three selected HOAs were in the top 10 users for HOAs. One of the selected HOAs was the highest
HOA user in 2020, with an estimated water bill of $40,000 for the year and water usage greater than
11MGal. That’s equivalent to 4-5 days of water usage for the entire City based on average use per day.
Results for HOA irrigation audits from previous years can be found on this website
https://www.vermillionriverwatershed.org/watershed-management/watershed-assessment-studies/ under
the Irrigation Efficiency Projects section. 2020 Irrigation audits for this program across all participating
communities showed an average water savings of 295,247 gallons per HOA if recommended
improvements were implemented, resulting in an average savings of over $1000/yr. for each HOA.
The City attorney has reviewed the agreement and determined it to be acceptable.
RECOMMENDATION
Staff recommends approval of the attached JPA with VRWJPO.
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JOINT POWERS AGREEMENT FOR
IRRIGATION SYSTEM AUDIT PROGRAM
BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION
AND
THE CITY OF ROSEMOUNT
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 (the “VRWJPO”), governed by the Vermillion River Watershed Joint Powers Board (the
“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 Rosemount (the “City”) is a Minnesota municipal corporation 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, due to population growth, continued investments in infrastructure are needed to reliably supply water; and
WHEREAS, maintaining a sustainable water supply is a goal of the VRWJPO’s Watershed Management Plan; and
WHEREAS, the City wishes to provide information and promote activities that protect the source water aquifers 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 (the “Audits”) has been identified as an effective means to address
VRWJPO and City water supply goals, objectives, and actions; and
WHEREAS, targeting townhome and homeowner association (“Association”) irrigation systems is effective due to
the centrally-controlled irrigation system used by most Associations where improvements can result in greater water
savings; and
WHEREAS, the City was awarded a Metropolitan Council’s 2019-2022 Water Efficiency Grant Program (the “Grant”);
and
WHEREAS, the City has up to $2,000 of Grant funding for the Audits, which requires a local match of 25% of awarded
grant funds in an amount totaling $500; and
WHEREAS, each Association will be required to pay $50 directly to the VRWJPO for the cost of the Audits; and
WHEREAS, the VRWJPO and the City have agreed to each pay $5,675 for the costs of Audits after applying the
Associations’ $50 contribution; and
WHEREAS, the VRWJPO and the City wish to partner to perform Audits at Associations to reduce groundwater use and
reduce association water costs (the “Project”); and
WHEREAS, the VRWJPO will hire the contractor necessary to perform the audits; and
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WHEREAS, the City will coordinate audit contractor scheduling, reporting, and be the liaison with participant
Associations; and
WHEREAS, the VRWJPO will serve as the fiscal agent for irrigation system Audits; and
WHEREAS, the VRWJPO and City have allocated money within their respective budgets to fund these Audits.
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, 2022, 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 BY CITY
5.1 The VRWJPO will administer all contracts and act as the paying agent for all payments to any contractors and
Associations.
5.2 The City will reimburse the VRWJPO with Project-related activities up to $5,675 from City funding and $2,000 from
Grant funding related to the Audits. The VRWJPO’s maximum eligible reimbursement amount from the City is $7,675.
5.3 The VRWJPO will provide up to $5,675 in f unding for Audits.
5.4 Upon confirmation of VRWJPO payment to any contractors or Associations, the City shall reimburse the VRWJPO
for Project-related costs.
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.
5.6 VRWJPO shall repay to the City any overpayment, disallowed claim, or costs not authorized in Section 6.1.
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 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.
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6.3 PUBLICITY. The parties may take and disclose photographs of Project sites for use in publications or promotional
material or on its website to highlight 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 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 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: Logan Martin or successor, City Administrator
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
Telephone: (651) 322-2006
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: Jane Byron, Storm Water Specialist
Telephone: (651) 322-2075
Email: jbyron@ci.rosemount.mn.us
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.
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ARTICLE 10
TERMINATION
10.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days’ prior written notice of its
intent to terminate the Agreement to the other party. Either party may terminate this Agreement for any reason by giving 30
days’ prior written notice of its intent to terminate to the other party. Any 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 immediately by either party in
the event of a violation of any of the terms of this Agreement. 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 any 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 any dispute arising under this
Agreement shall take place 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. Chapter 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 6.3 (Publicity), 7 (Indemnification), and 14 (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 outside the defaulting party’s reasonable control may include, but are
not limited to, acts of God or nature, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural
disasters.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below.
CITY OF ROSEMOUNT
By
Logan Martin or successor, City Administrator
Date of Signature:
By
Erin Fasbender, City Clerk
Date of Signature:
VERMILLION RIVER WATERSHED
JOINT POWERS ORGANIZATION
APPROVED AS TO FORM:
By
/s/ Helen R. Brosnahan 7/9/21 Mike Slavik or successor, Chair
Assistant Dakota County Attorney/Date Date of Signature
KS-21-284
VRWJPO Contract C0034334