HomeMy WebLinkAbout6.h. Joint Powers Agreement with the Vermillion River Watershed Joint Powers Organization for the Homeowners’ Association Irrigation Audit Program
EXECUTIVE SUMMARY
City Council Regular Meeting: September 6, 2022
AGENDA ITEM: Joint Powers Agreement with the
Vermillion River Watershed Joint Powers AGENDA SECTION:
Organization for the Homeowners’ Consent
Association Irrigation Audit Program
PREPARED BY: Jane Byron, Stormwater Specialist
AGENDA NO. 6.h.
Nick Egger, Public Works Director
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.
As part of the HOA Irrigation Audit Program, HOAs must apply for consideration and be selected. Due
program space limitations HOAs may be turned away. In order to qualify, the HOAs irrigation system
cannot be new. An application period was open this spring, and the City of Rosemount has already
selected three associations for the HOA Irrigation Audit Program for 2022.
Results thus far for program participants in Rosemount show an average of 1.4 Mgal/yr of water overuse
at a cost of $5.6K per HOA. One previous participant reported a $6.8K savings in water bills in 2021 after
going through the program, a significant savings during a drought year.
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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Join.docx
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JOINT POWERS AGREEMENT FOR
IRRIGATION SYSTEM AUDIT AND IMPROVEMENT 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 and improvements (the “Projects”) 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’s (“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 2022-2024 Water Efficiency Grant Program
(the “Grant”); and
WHEREAS, the City will use the Grant and local funding, combined with VRWJPO funding, to pay for
Projects; and
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WHEREAS, each Association will be required to pay $50 directly to the VRWJPO for the cost of the audits
and a minimum of 25 percemt for the costs for improvements; and
WHEREAS, the VRWJPO and the City have agreed to split the cost of Projects after applying the
Associations’ $50 contribution and Grant funding; and
WHEREAS, the VRWJPO will hire the contractor necessary to perform the audits; and
WHEREAS, the City will coordinate audit contractor scheduling, reporting, and be the liaison with
participant Associations; and
WHEREAS, the Associations will hire a contractor to perform system improvements and will provide
documentation verifying improvements were made; and
WHEREAS, the VRWJPO will serve as fiscal agent for the Projects and will provide the Associations with
partial reimbursement for eligible system improvements after verifying submitted documentation.
NOW, THEREFORE, in consideration of the mutual promises and benefits that the City and VRWJPO
shall derive from this Agreement, the VRWJPO and 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 June 30, 2024 (JPA Term End Date), 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 $2,700 from City funding and
$22,800 from Grant funding for Project-related activities occurring between the date of JPA execution and the
JPA Term End Date. The VRWJPO’s maximum eligible reimbursement amount from the City is $25,500.
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5.3 The VRWJPO will provide up to $2,700 in funding for Project-related activities occurring between the date of
JPA execution and the JPA Term End Date.
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.
6.3 PUBLICITY. Each party 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 body. 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, Chair, or successor
Vermillion River Watershed Joint Powers
Organization 4100 220th St. W, Suite 103
Farmington, MN 55024
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TO THE CITY: Logan Martin, City Administrator, or successor
City of Rosemount
2875 145th St. W.
Rosemount, MN 55068
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 governing bodies, or as delegated by the
parties’ respective governing bodies, and signed by the designated authorized representatives, or other
authorized representative, 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’ 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, and if by the City, to the Dakota County Attorney’s Office. 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, VRWJPO or the City may immediately terminate this Agreement if it does not obtain funding
from the Minnesota Legislature, Minnesota state 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. Neither
VRWJPO or 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 for work on the Project up to any notice of
termination.
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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.
ARTICLE 17 ELECTRONIC SIGNATURES.
Each party agrees the electronic signatures of the parties included in this agreement are intended to authenticate this
writing and to have the same force and effect as wet ink signatures.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below.
CITY OF ROSEMOUNT
By
Bill Droste or successor, Mayor
Date of Signature:
By
Erin Fasbender, City Clerk
Date of Signature:
APPROVED AS TO FORM:
VERMILLION RIVER WATERSHED
JOINT POWERS ORGANIZATION
By
/s/ G. Paul Beaumaster 7/20/22 Mike Slavik or successor, Chair
Assistant Dakota County Attorney/Date Date of Signature
KS-22-379
VRWJPO Contract C0035654