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Home My WebLink About6.h. First Amendment to JPA with VRWJPO for HOA Irrigation Audit ProgramI:\City Clerk\Agenda Items\Approved Items\6.h. First Amendment to JPA with VRWJPO for HOA Irrigation Audit Program.docx EXECUTIVE SUMMARY City Council Regular Meeting: April 4, 2023 AGENDA ITEM: First Amendment to 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, Stormwater Specialist Nick Egger, Public Works Director AGENDA NO. 6.h. ATTACHMENTS: Amendment to the JPA for HOA Irrigation Audit Program APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve the First Amendment to the 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 to program space limitations HOAs may be turned away. In order to qualify, HOAs’ irrigation systems cannot be new. The application period for 2023 is nearing conclusion, and after which three HOAs will be selected to receive irrigation audits this summer. Results thus far for program participants in Rosemount show an average of 1 Million gal/year of water overuse at a cost of $4.1K per HOA. VRWJPO water use analysis charts also show a reduction in irrigation water use by 75% of participating HOAs following the year within which the irrigation audit was performed, indicating the program working in its aim to encourage water conservation. The proposed amendment will lead to a better sharing of the staff burden for management of the program between the City and VRWJPO and will open the program to additional multi-family properties. The City attorney has reviewed the amendment and determined it to be acceptable. RECOMMENDATION Staff recommends approval of the attached Amendment to the JPA with VRWJPO. DOCSOPEN\RS215\3\862172.v1-3/14/23 FIRST AMENDMENT TO THE JOINT POWERS AGREEMENT FOR IRRIGATION SYSTEM AUDIT AND IMPROVEMENT PROGRAM BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION AND THE CITY OF ROSEMOUNT This Amendment to the Joint Powers Agreement for Irrigation System Audit and Improvement Program (the “Amendment”), dated this ___ day of _____________, 2023, is between the Vermillion River Watershed Joint Powers Organization, a joint powers organization authorized under Minnesota Statutes, section 471.59 (“VRWJPO”), and the City of Rosemount, a Minnesota municipal corporation (the “City”). RECITALS WHEREAS, the VRWJPO and City executed a Joint Powers Agreement for Irrigation System Audit and Improvement, that was effective beginning September 26, 2022, attached hereto as Exhibit A, whereby the City and VRWJPO agreed to jointly manage irrigation system projects within the City of Rosemount (the “2022 Agreement”); and WHEREAS, the parties now desire to amend the 2022 Agreement to provide for a more efficient and equal division of work between VRWJPO and the City; and WHEREAS, the Parties wish to amend the 2022 Agreement to provide for additional terms and conditions that will facilitate this desire by having the City serve as the administering body for the irrigation system improvements and having the VRWJPO serve as the administering body for the irrigation system audits. NOW, THEREFORE, in consideration of the additional promises and mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: AMENDMENT Section 1. The Recitals are hereby amended by adding the double-underlined language and removing the stricken language as follows: 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.§ 1038.211 to 1038.255 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 DOCSOPEN\RS215\3\862172.v1-3/14/23 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’ and multi-family housing units’ ("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 WHEREAS, each Association will be required to pay $50 directly to VRWJPO for the cost of the audits and a minimum of 25 percemtpercent 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 CityVRWJPO will coordinate audit contractor scheduling and reporting;, and WHEREAS, the City will 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 irrigation system audits; and WHEREAS, the City will serve as the fiscal agent for irrigation system improvementsthe DOCSOPEN\RS215\3\862172.v1-3/14/23 Projects and will provide the Associations with partial reimbursement for eligible system improvements after verifying submitted documentation. Section 2. Article 5 of the 2022 Agreement is hereby amended by adding the double- underlined language and removing the stricken language as follows: 5.1 The VRWJPO will administer all contracts and act as the paying agent for all payments any contractors and Assocaitions completing irrigation audit projects. 5.2 The City will administer the financial assistance program and acts as the paying agent for Associations completing qualifying irrigation system improvements. 5.23 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. 5.34 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. 5.45 Upon confirmation of VRWJPO payment to any contractors completing irrigation auditsor Associations on a form acceptable to the City, the City shall reimburse the VRWJPO for Project-related costs. 5.6 Upon confirmation of City payment to any Associations completing qualifying irrigation system improvements, the VRWJPO shall reimburse the City for Project-related costs. 5.57 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. 5.68 VRWJPO shall repay to the City any overpayment, disallowed claim, or costs not authorized in Section 6.1. Section 3. Article 6 of the 2022 Agreement is hereby amended by adding the double- underlined language and removing the stricken language as follows: 6.1 AUTHORIZED PURPOSE. The funds provided under the terms of this Agreement may only be used by the VRWJPO and the City for the payment of costs directly related to the Project. 6.2 COMPLIANCE WITH LAWS/STANDARDS. The VRWJPO and the City 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. Section 4. All other terms and conditions contained in the 2022 Agreement shall remain unchanged and in full force and effect until expiration or termination of the 2022 Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed in their behalf by their authorized representatives on or as of the date first written above. DOCSOPEN\RS215\3\862172.v1-3/14/23 CITY OF ROSEMOUNT, MINNESOTA By: ______________________________ Its: Jeff Weisensel, Mayor Date of Signature ______________ By: ______________________________ Its: Erin Fasbender, Clerk Date of Signature ______________ VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION APPROVED AS TO FORM: By: ______________________________ Mike Slavik, Chair __________________ _____ Date of Signature ______________ DOCSOPEN\RS215\3\862172.v1-3/14/23 Exhibit A 2022 Agreement DocuSign Envelope ID: 0754F554-A51F-47C6-9A8A-F4790742DF8B DocuSign Envelope ID: 0754F554-A51F-47C6-9A8A-F4790742DF8B DocuSign Envelope ID: 0754F554-A51F-47C6-9A8A-F4790742DF8B DocuSign Envelope ID: 0754F554-A51F-47C6-9A8A-F4790742DF8B DocuSign Envelope ID: 0754F554-A51F-47C6-9A8A-F4790742DF8B DocuSign Envelope ID: 0754F554-A51F-47C6-9A8A-F4790742DF8B 09/26/2022 | 11:15 AM CDT