HomeMy WebLinkAbout5E - 2010-2012 Scott County Joint Stormwater Education Program
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR
AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE SCOTT
SOIL AND WATER CONSERVATION DISTRICT FOR THE 2010-2012 SCOTT
COUNTY JOINT STORMWATER EDUCATION PROGRAM.
DISCUSSION: Introduction
The purpose of this agenda item is to request City Council approval of an
Agreement with the Scott Soil and Water Conservation District for the purpose of
providing stormwater education.
Historv
The City of Prior Lake is regulated under the Nonpoint Pollutant Discharge
Elimination System (NPDES) Phase II Small Municipal Separate Storm Sewer
Systems (MS4) permit. This permit is granted under the Federal Clean Water
Act and State Statute. The NPDES MS4 permit requires the City to implement a
Storm Water Pollution Prevention Program (SWPPP) which includes the
requirement for storm water education. As a response to the original Phase II
MS4 permit in 2003, a group of Scott County townships, watershed organizations
and cities have been collaborating and exchanging educational information in
order to reduce the overlap in service. On February 2, 2004 (Res # 04-22) the
City Council approved the first Scott County Joint Stormwater Education Plan.
The proposed agreement will improve the effective implementation of the original
Scott County Joint Stormwater Education Plan by emphasizing that the efforts be
undertaken together to enjoy economies of scale and improve the quality and
effectiveness of the educational program.
As an owner of a storm sewer system the City faces water quality regulation.
Increasing water quality standards in the form of Total Maximum Daily Load
(TMDL) studies and Anti-degradation requirements have only increased the need
to treat stormwater. Although these requirements represent a large and
unfunded mandate from the State and Federal level, the goals of the program
often align well with those expressed by the City. The City's 2030 Vision and
Strategic Plan recognizes the lakes and water quality as central to the economic
well being of the city and include numerous goals urging stewardship and
protection of their water quality.
The scale of the current water quality impairments in Spring and Upper Prior
combined with the increasingly strict water quality requirements necessitate that
the City of Prior Lake use its limited resources in increasingly efficient and
effective ways. In the hands of an expert stormwater educator, a stormwater
education program has the potential to be the most cost effective way to reduce
pollutant loads to our water local waters.
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
R\Council\2009 Agenda Reports\ 12 07 09\SCJSWatershed EP agenda.doc
Current Circumstances
A collection of water management organizations cities and townships in Scott
County have drafted an agreement to increase the effectiveness of the Joint
Stormwater Education Program implementation, further reduce service overlaps
and provide top quality stormwater education.
Under this agreement the Scott Soil Water Conservation District, funded by a
collection of dues paying cities, townships and watershed organization would hire
an expert stormwater educator to engage a variety of audiences in stormwater
education. The educator would use multiple media sources, in-person meetings
and events and their own specialized stormwater knowledge to craft specialized
messages for each target audience. The broad goal of the educational
messages is to affect practices on public and private property that cause a
detriment to water quality. To provide feedback and judge effectiveness, The
stormwater educator will produce a yearly summary of activities that will meet the
MS4 permit requirements.
ISSUES:
Stormwater runoff follows the laws of physics and does not respect property
lines; because the City only controls the right of way and the storm conveyance
system, many problems can be caused upstream on the thousands of private
properties that drain to a curb line, ditch, or back yard catch basin. A collection
of small decisions made by a homeowner such as how and when to fertilize, how
much irrigation water to irrigate with, where to blow leaves and lawn clippings all
add up to a large private burden placed on the public. Stormwater education
works to put the right information into the hands of homeowners, landowners,
farmers, lawn and landscape companies, construction and design professionals,
and city employees so that all the small things each group does every day that
has a detrimental effect on water quality can be changed.
A recent study by the Citizens League articulates the problem, "In Minnesota's
current water governance system, government entities bear the lion's share of
the responsibility to assure the public has access to clean water," and anticipates
the solution "Addressing today's diffuse water policy challenges will require more
than changes to government. It will require a much more central role for the
millions of actors who are responsible for water problems and are capable of
creating solutions-businesses, homeowners, civic groups, cities, watershed
organizations, and all citizens."
The water quality problems in the City of Prior Lake cannot be solved by the City
alone; this educational effort is a first step in a process to affect practices on the
approximately 80% of land in the city that is privately owned, by without
burdensome regulation. Effective stormwater education can be one of the most
efficient practices for reducing pollution loads.
FINANCIAL
IMPACT:
This project will be funded through the Water Quality Fund professional services
account #602-49420-314 and is included in the 2010 budget. The Water Quality
Fund is supported by user fees collected bi-monthly as part of the water and
sewer bill. The City contribution in 2010 is $10,000 and increases by 5% per
year during the course of the three year agreement.
When judging efficiency of any given pollutant reduction best management
practice (BMP), BMPs are often compared in terms of cost of pollutant reduction
R\Council\2009 Agenda Reports\ 12 07 09\SCJSWatershed EP agenda.doc
per unit of pollutant. Phosphorus is both a pollutant of concern and a reliable
surrogate for other pollutants because it is removed in similar ways. The $/Ib P
efficiency for an effective educational effort is very hard to quantify, but goals for
an educational program can be set to benchmark efficiency.
ALTERNATIVES: 1. Adopt a resolution approving an Agreement with the Scott Soil and Water
Conservation District for the 2010-2012 Scott County Joint Storm Water
Education Program.
2. Deny the proposed resolution.
3. Other action as directed by the City Council.
RECOMMENDED Alternative #1
MOTION:
ReViewettJ L
R\Council\2009 Agenda Reports\12 07 09\SCJSWatershed EP agenda.doc
RESOLUTION 09-xx
A RESOLUTION APPROVING AN AGREEMENT WITH THE SCOTT SOIL AND WATER
CONSERVATION DISTRICT FOR THE 2010-2012 SCOTT COUNTY JOINT STORMWATER
EDUCATION PROGRAM.
Motion By:
Second By:
WHEREAS, MS4 regulated cities and townships in Scott County have a requirement to provide
stormwater education to the residents of Scott County; and
WHEREAS, By combining resources regulated cities and townships in Scott County can provide
efficient and more effective stormwater education to the residents of Scott County; and
WHEREAS, The Scott County Soil Water Conservation District has prepared an agreement
whereby it will provide coordinated joint stormwater education; and
WHEREAS, The cost of the program will not exceed $10,000 in 2010, $10,500 in 2011 and $11,025
in 2012.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Mayor and City Manager are hereby authorized to enter into an agreement for the Scott County
2010-2012 Joint Storm Water Education Program.
3. The funding source for the Scott County 2010-2012 Joint Storm Water Education Program is the
Water Quality Fund # 602-49420-314.
PASSED AND ADOPTED THIS 7th DAY OF DECEMBER 2009.
YES
NO
HauRen
Erickson
I HedberR
I leMair
I Millar
Haugen
Erickson
Hedberg
leMair
Millar
Frank Boyles, City Manager
R\Council\2009 Agenda Reports\12 07 09\SCJSWatershed EP ril!1oLlJtion.do~
www.clLyotpnoflaKe.com
Phone 952.447.9800 / Fax 952.447.4245
Contract Number: lO-SCJSWEP
AGREEMENT BETWEEN
SCOTT SOIL AND WATER CONSERVATION DISTRICT
AND MEMBERS OF THE 2010-2012
SCOTT COUNTY JOINT STORM WATER EDUCATION PROGRAM
A. PARTIES
This Agreement is made and entered into by Scott Soil and Water Conservation District, hereinafter referred to
as HOST, and members of the Scott County Joint Storm Water Education Program, hereinafter referred to
individually as a PARTNER. A PARTNER is defined as an entity that executes this agreement. Eligible
PARTNERS include watershed organizations, townships and municipalities partially or wholly within Scott
County.
B. PURPOSE
WHEREAS, the PARTNER has a common objective of educating the citizens of the Scott County about water
resource, stormwater, and groundwater management in order to improve water quality; and
WHEREAS, the PARTNER has identified a need for education assistance; and
WHEREAS, 4 watershed organizations in Scott County have education components in their respective
watershed management plans; and
WHEREAS, 3 municipalities, 4 townships and Scott County are required to obtain a Municipal Separate Storm
Sewer System (MS4) Permit from the Minnesota Pollution Control Agency (MPCA), which requires nonpoint
source pollution education; and
WHEREAS, the PARTNER agrees that collaborative education efforts are needed to more effectively and
efficiently deliver water resource education and meet MS4 permit education requirements; and
WHEREAS, the PARTNER requests assistance from the HOST to implement the policies specified in MINN.
STAT. SS 103A.206; and
WHEREAS, the HOST is authorized to enter agreements to provide such assistance pursuant to MINN. STAT.
SS 103C.331, SUBD. 3 and 7.
NOW, THEREFORE, the PARTNER agrees as follows:
C. TERM OF CONTRACT
The term of this agreement shall be from January 1, 2010 to December 31, 2012 unless extended or terminated
earlier as provided herein.
D. MEMBERSHIP STRUCTURE
In accordance to the program goals of collaboration and partnership, entities may become a PARTNER by
signing the Signature Page at the end of this Agreement. A new PARTNER shall apply to the HOST and sign a
separate contract and their signature page shall be attached to the original document. The HOST will coordinate
with each PARTNER, update the project budget, and distribute it to each PARTNER.
Each PARTNER will assign a member to the Steering Committee of the Scott County Joint Storm Water
Education Program. This Committee will assist the Joint Storm Water Educator and HOST to prepare the
Annual Workplan, Annual Budget, and Annual Report. A Membership Summary will be included in the
Annual Report prepared by the HOST.
2010-2012 Joint Water Resource Education Program Agreement
E. SCOPE OF SERVICES
The HOST will perform for the PARTNER the services and furnish and deliver work products generally
described in Exhibit A, attached and made part of this agreement. PARTNER-specific services will be defined
in the Annual Workplan noted in Exhibit A. The targeted PARTNER-specific services will be approximately
twenty-five (25) percent of the total annual workplan. Seventy-five (75) percent of the total annual workplan
will be committed to shared, multi-jurisdictional benefit educational activities.
F. COST
In full consideration for services under this agreement, the PARTNER shall provide their portion of the annual
costs to the HOST in accordance with their executed Signature Page at the end of this Agreement. The total
annual budget for the program is shown in Exhibit B. If PARTNER Contributions are below the Total Budget,
educational material expenses will not be incurred.
In the case that overall funding contributions from all of the PARTNERS exceeds the budget in Exhibit B by
less than 20%, the excess contributions will be used to fund additional educational materials or support staff.
Once the revised overall funding contribution from all of the PARTNERS exceeds the budget in Exhibit B by
20%, the PARTNERS have the option of having their proportional amount of the excess budget returned or can
direct the funds to be used for SCJSWEP activities.
G. PAYMENTS
1. The services in Exhibit A provided by the HOST will be billed in accordance to Exhibit B. Invoices
will be sent on a quarterly basis and will summarize the work performed. Invoices are payable
within 60 days.
2. Office supplies, in-house reproduction expenses, and transportation are included in the overhead
noted above. Out source reproduction, special bulk mailings and other direct costs beyond the
actual current budget (the combined contributions of each PARTNER) noted in Paragraph F are to
be reimbursed at actual cost with prior approval from the PARTNERs.
H. EQUAL EMPLOYMENT OPPORTUNITY- CIVIL RIGHTS
During the performance of this Agreement, the HOST agrees to the following: No person shall, on the grounds
of race, color, religion, age, sex, disability, marital status, public assistance, criminal record, creed or national
origin, be excluded from full employment rights in, be denied the benefits of, or be otherwise subjected to
discrimination under any program, service, or activity under the provisions of and all applicable federal and state
laws against discrimination including the Civil Rights Act of 1964.
I. STANDARDS
The HOST shall comply with all applicable Federal and State statutes and regulations as well as local
ordinances now in effect or hereafter adopted. Failure to meet the requirements of the above may be cause for
cancellation of this contract effective the date of receipt ofthe Notice of Cancellation.
J. DATA PRIVACY
All data collected, created, received, maintained, or disseminated, or used for any purpose in the course of the
HOST's performance of the Agreement is governed by the Minnesota Government Data Practices Act,
Minnesota 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to
implement the Act, as well as state statutes and federal regulations on data privacy. The HOST agrees to abide
by these statutes, rules and regulations and as they may be amended.
2010-2012 Joint Water Resource Education Program Agreement
K. AUDITS, REPORTS, AND MONITORING PROCEDURES
The HOST will:
1. Maintain records that reflect all revenues, cost incurred and services provided in the performance of
the Agreement.
2. Agree that the County, the State Auditor, or legislative authority, or any of their duly authorized
representatives at any time during normal business hours, and as often as they may deem reasonably
necessary, shall have access to the rights to examine audit, excerpt, and transcribe any books,
documents, papers, records, etc., and accounting procedures and practices of the HOST which are
relevant to the contract. The annual audit conducted for the Scott Soil and Water Conservation
District that includes SCJSWEP activities.
L. INDEMNITY
The HOST and PARTNER mutually agrees, to the fullest extent permitted by law, to indemnify and hold each
other harmless for any and all damages, liability or cost (including reasonable attorneys' fees and costs of
defense) arising from their own negligent acts, errors or omissions in the performance of their services under
this agreement, to the extent each party is responsible for such damages and losses on a comparative basis of
fault. The PARTNER agrees to provide proof of contractual liability insurance upon request. This paragraph
does not diminish with respect to any third party, any defense, immunity, or liability limit that the HOST or
PARTNER may enjoy under the law. Nothing in this Agreement or paragraph shall be read or construed to
aggregate or increase the statutory liability limitations of the parties.
M. INDEPENDENT CONTRACTOR
It is agreed that nothing herein contained is intended or should be construed in any manner as creating or
establishing the relationship of co-partners between the parties hereto or as constituting the HOST as the agent,
representative, or employee of PARTNER organization for any purpose or in any manner whatsoever. The
HOST is to be and shall remain an independent contractor with respect to all services performed under this
Agreement.
The HOST represents that it has, or will secure at its own expense, all personnel required in performing services
under this Agreement. Any and all personnel of the HOST or other person, while engaged in the performance of
any work or services required by the HOST under this Agreement, shall have no contractual relationship with
the PARTNER and shall not be considered employees of the PARTNER.
N. MODIFICATIONS
Any material alteration or variation shall be reduced to writing as an amendment and signed by the parties. Any
alteration, modification, or variation deemed not to be material by written agreement of the HOST and the
PARTNER shall not require written approval. Contract extensions will be handled as a material alteration.
O. MERGER
It is understood and agreed that the entire agreement of the parties is contained here, except as modified during
the term of the Agreement by a writing under Paragraph 0 above concerning a non-material change, and that
this contract supersedes oral agreements and negotiations between the parties relating to this subject matter. All
items referred to in this contract are incorporated or attached and deemed to be part of the contract.
2010-2012 Joint Water Resource Education Program Agreement
P. TERMINATION
This agreement shall commence when executed by all parties and shall continue until terminated. This
agreement shall terminate immediately upon completion of the activities enumerated herein and the program
duration expires. Any party to this agreement may withdraw participation with ninety days written notice prior
to the annual anniversary for this Agreement (January 1 of each year). Termination by anyone PARTNER shall
not constitute the termination of this agreement in whole and pro-rated contributions will be returned to the
terminated PARTNER. Termination by the HOST will constitute termination of this agreement in whole and
pro-rated contributions will be returned to each PARTNER.
Q. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
All property of the HOST or PARTNER used, acquired or created in the performance of work under this
Agreement, including documents and records of any kind, shall remain the property of the HOST and
PARTNER. The HOST and PARTNERS shall have shared rights to use, sell, license, publish, or otherwise
disseminate any product developed in whole or in part during the performance of work under this Agreement.
Durable goods purchased by the HOST, such as office equipment and computers, shall remain the property of
the HOST.
2010-2012 Joint Water Resource Education Program Agreement
CONTRACT BETWEEN
SCOTT SOIL AND WATER CONSERVATION DISTRICT
AND MEMBERS OF THE
SCOTT COUNTY JOINT STORM WATER EDUCATION PROGRAM
HOST: Scott Soil and Water Conservation District
PARTNER: CITY OF PRIOR LAKE
Annual Contribution Amount: $10,000-2010, $10,500-2011, $11,025-2012
Contract start date: January 1,2010
IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers.
APPROVED:
PARTNER
HOST
BY:
BY:
Board Chair
Title: Mayor
BY:
BY:
SSWCD Manager
Title:City Manager
Approval as to form and execution:
Date
2010-2012 Joint Water Resource Education Program Agreement
Date
Date
EXHffiIT A
SCOPE OF SERVICES
SCOTT COUNTY JOINT STORM WATER EDUCATION PROGRAM
HOST responsibilities:
1. Hire, employ and supervise the Water Resource Educator(s) that will successfully serve the education
needs as prescribed herein.
2. Obtain financial reimbursement from each PARTNER as prescribed in this agreement.
3 . Work in good faith to achieve the goals identified in this agreement.
4. Maintain a strict accounting of all financial transactions.
S. Develop and disseminate annual summaries of accomplishments and budgetary analysis to partners of
the Scott County Joint Storm Water Education Program.
6. Provide office space, office furniture, computer, transportation, and phone. Equipment purchased by the
HOST will remain the property of the HOST following the term of this agreement.
PARTNER responsibilities:
1. Provide a single representative to the Steering Committee of the Scott County Joint Storm Water
Education Program. This person shall actively participate in the Steering Committee and assist in
employee selection, Annual Work Plan development, and other tasks as needed.
2. Provide funds for the Scott County Joint Storm Water Education Program described herein.
3. Provide appropriate and timely feedback to the HOST manager regarding the performance of the Water
Resource Educator(s).
4. Share equipment, staff, and educational resources to facilitate Education Program planning and
implementation.
5. As initiated by the HOST, discuss the progress of the Water Resource Educator(s) and agree to take any
action that is appropriate to ensure the successful fulfillment of project objectives.
6. Work with the Water Resource Educator(s) to ensure that services are being used to address high
priorities at the local level.
Water Resource Educator(s) responsibilities:
1. Prepare, coordinate, and revise Scott County Joint Storm Water Education Program Plan annually with
the Steering Committee of the Scott County Joint Storm Water Education Program.
2. Review and advise the watershed district PARTNERS annually on educational aspects of their
watershed district plans.
3. Develop annual plan of work with the Steering Committee of the Scott County Joint Storm Water
Education Program. Work Plan will reference Scott County MS4 education programs and watershed
district PARTNERS education plans.
4. Implement annual work plan, including planning, implementing, evaluating, and reporting on such
anticipated activities as presentations, workshops, in-field training, demonstration projects, and
published materials.
5. Pursue grants and other funding sources to enhance the Scott County Joint Storm Water Education
Program.
6. Coordinate with "Watershed Partners" and other entities conducting water resource education efforts to
minimize overlap and maximize effectiveness.
7. Maintain educational information for web-based Scott County Joint Storm Water Education Program.
8. Presents papers as appropriate at professional meetings within Minnesota.
9. Prepare annual education report (which meets MS4 requirements) and conduct shared MS4 annual
meetings for participating Scott County Joint Storm Water Education Program members.
2010-2012 Joint Water Resource Education Program Agreement
EXHmIT B
BUDGET
Joint Water Resource Educator Position - Scott Soil and Water Conservation
District Estimate
Hourly
Rate
Yearly
Salary
(1) Benefits
(25%)
Subtotal
(2) Overhead
(40%)
(3) Total
Approx. 2010
Salary
$25.00
52,000
12,000
64,000
26,000
90,000
(1) SSWCD benefits include: health, dental (optional), basic life insurance, retirement, deferred compensation,
vacation and holiday.
(2) SSWCD overhead includes administrative and clerical support, equipment, mileage, supplies, rent, and in-
house reproduction expenses. Overhead does not include out source reproduction, special bulk mailings,
displays, books, or other educational program hard-goods and expenses.
(3) SSWCD total includes all costs, such as managerial, accounting, reporting and clerical support.
Year
Salary, Benefits, and Overhead *
12010
12011
12012
$90,000 I
$95.550 I
$100,329 I
* Budget includes 5% annual increase for wage adjustments and inflation.
MEMBERSHIP STRUCTURE AND CASH CONTRIBUTIONS**
PARTNER 2010 Annual 2011 Annual 2012 Annual
Contribution Contribution Contribution
I PLSLWD $40,000 $42,000 $44,1001
1 VRWJPO $1,500 $1,575 $1,654
1 SWMO $28,000 $29,400 $30,870
1 SSWCD $4,000 $4,200 $4,410
1 City of Shakopee $4,500 $4,725 $4,961
City of Prior Lake $10,000 $10,500 $11,025
Credit River Twp $1,000 $1,050 $1,103
Louisville Twp $1,000 $1,050 $1,1031
Spring Lake Twp $1,000 $1,050 $1,1031
I Total $91,000 $95,550 $100,3291
** Partner Contributions includes 5% annual contribution increase to cover inflation and program expenses.
2010-2012 Joint Water Resource Education Program Agreement