HomeMy WebLinkAbout6H 2010-2012 Scott County Joint Storm Water EducationPRIp
ti
U
try
4646 Dakota Street SE
� Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE:
JANUARY 3, 2011
AGENDA #:
6H
PREPARED BY:
ROSS BINTNER, WATER RESOUCES ENGINEER
PRESENTER:
ROSS BINTNER
AGENDA ITEM:
CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR
AND CITY MANAGER TO SIGN A REVISED AGREEMENT WITH THE
SCOTT SOIL AND WATER CONSERVATION DISTRICT FOR THE 2010-
2012 SCOTT COUNTY JOINT STORM WATER EDUCATION PROGRAM.
DISCUSSION: Introduction
The purpose of this agenda report is to describe proposed changes to the
2010 -2012 Scott County Joint Storm Water Education Program Agreement
between the City and the Scott Soil and Water Conservation District and to
request approval from the City Council to execute a revised Agreement.
History
The City of Prior Lake is regulated under the NPDES Phase II Municipal
Separate Storm Sewer Systems (MS4) permit. This permit is granted under
the Federal Clean Water Act and State Statute. This permit requires the City
to implement a Storm Water Pollution Prevention Program (SWPPP) which
includes storm water education.
As an owner of a storm sewer system the City faces water quality regulation.
Water quality standards, defined by Total Maximum Daily Load (TMDL), and
Anti - degradation requirements have increased. In order to meet increased
water quality standards the City now needs 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 local goals of improving our surface water quality require
that the City of Prior Lake use its limited resources in increasingly efficient
and effective ways.
On November 16, 2009 Council approved an Agreement between the City
and the Scott Soil and Water Conservation District for the purpose of
providing storm water education.
Current Circumstances
The Agreement has been revised to add the City of Savage to the
partnership and language has been modified providing the ability to do
targeted education that is specific in scope. The revised Agreement also
provides the program with a budget to create program materials and pay
program expenses without needing to solicit additional contributions from
member organizations
The City of Prior Lake has initiated a partnered project, The "Lake Friendly"
reconstruction retrofit program, with the SWCD and PLSLWD for a targeted
public involvement and stormwater education program for its 2011
neighborhood reconstruction project that utilizes the partnership this
Agreement created.
Conclusion
The changes proposed to the Agreement expand the partnership to include
the City of Savage, and allow the program the flexibility it needs to provide
both targeted and broad -based stormwater education.
ISSUES: Storm water 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. Storm water education works to put the right information into the
hands of homeowners, lawn and landscape companies, construction and
design professionals, and City employees so that all the small things each
group does every day that have a detrimental effect on water quality can be
changed.
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, without burdensome or intrusive regulation. Effective storm water
education can be one of the most efficient practices for reducing pollution
loads at their source.
FINANCIAL This project is funded through the Water Quality Fund professional services
IMPACT: account #602- 49420 -314 and is reflected in the 2010 and approved 2011
budget. The City contribution was $10,000 in 2010 and increases by 5% per
year during the course of the three year agreement. The changes to the
agreement do not change the financial commitment.
ALTERNATIVES: 1. Adopt a resolution approving the revised 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 Iternative #1
M I
ON:
Re iewe by
Frank Bo s, i Manager
2
PR101
F-4
U
��'IV65
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 11 -xxx
A RESOLUTION APPROVING A REVISED AGREEMENT WITH THE SCOTT SOIL AND WATER
CONSERVATION DISTRICT FOR THE 2010.2012 SCOTT COUNTY JOINT STORM WATER
EDUCATION PROGRAM.
Motion By:
Second By:
WHEREAS, MS4 regulated cities and townships in Scott County have a requirement to provide storm
water 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 storm water education to the residents of Scott County; and
WHEREAS, In 2009 the City and Scott County Soil and Water Conservation District ( "SCSWCD ")
entered into an Agreement pertaining to a joint storm water management education project;
and
WHEREAS, The City and SCSWCD desire to amend the Agreement to include the City of Savage as a
party.
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 execute a revised 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 3RD DAY OF JANUARY, 2011.
YES
1,
M ser
M ser
Erickson
Erickson
Hedberg
Hedber
Keeney
Keene
.Soukup
Souku
Frank Boyles, City Manager
Contract Number: 11- 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, Minnesota.
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, four watershed organizations in Scott County have education components in their respective
watershed management plans; and
WHEREAS, three municipalities, four 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. § 103A.206; and
WHEREAS, the HOST is authorized to enter agreements to provide such assistance pursuant to MINN. STAT.
§§ 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, 2011 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 in the
Scott County Joint Storm Water Education Program ( "SCJSWEP" 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 Agreement. The HOST shall coordinate with each PARTNER, update the
project budget, and distribute it to each PARTNER.
2010 -2012 Joint Water Resource Education Program Agreement
Each PARTNER shall assign a member to the Steering Committee of the SCJSWEP. This Committee will
assist the Joint Storm Water Education Coordinator and HOST to prepare the Annual Workplan, Annual
Budget, and Annual Report. A Membership Summary shall be included in the Annual Report prepared by the
HOST.
E. SCOPE OF SERVICES
1. In recognition that a collaborative education effort is needed to effectively and efficiently deliver
the needed water resource education, the HOST shall hire, employ and supervise a Joint Storm
Water Education Coordinator.
2. The HOST shall perform the services and furnish and deliver work products generally described in
Exhibit A, attached and made part of this Agreement. Specific services shall be defined in the
Annual Workplan noted in Exhibit A. Up to fifty (50 %) percent of the workload hours required to
implement the Annual Workplan may be dedicated to PARTNER - specific services, and at least
fifty (50 %) percent shall be dedicated to collective program services. Collective program services
are those associated with planning and implementation of activities having multi jurisdictional
scope and benefit. It is understood, however, that PARTNER - specific services can benefit to the
collective program but not have multi jurisdictional scope.
F. COST
In full consideration for services under this Agreement, the PARTNERS 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. In the event PARTNER contributions are less than
the Total Budget, the HOST shall, in consultation with the Steering Committee, reduce service hours and
educational material expenses as necessary to meet budget limitations.
G. CONTRIBUTIONS AND PAYMENTS
Each PARTNER is suggested to at a minimum contribute annually per capita rate of $0.426 in 2011 and $0.447
in 2012. The SCJSWEP will be fully funded at these rates. PARTNERS contributing in excess of this minimum
will receive a proportional share of PARTNER - specific workload service hours referenced under Paragraph
E.2., above. Proportional share shall be calculated according to a formula approved by the Steering Committee.
Workload hours not claimed by a PARTNER for its proportional share of services will be dedicated to
implementing collective program activities, and shall not result in a reduction of the PARTNER's financial
commitment as set forth in Exhibit B.
The services in Exhibit A provided by the HOST shall be billed in accordance to Exhibit B. Invoices shall be
sent on a quarterly basis and shall summarize the work performed. Invoices are payable within sixty (60) days.
Unspent funds dedicated to Materials and Other Resource expenses will be carried forward.
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.
2010 -2012 Joint Water Resource Education Program Agreement
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 of the 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 Statute„ 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.
K. AUDITS, REPORTS, AND MONITORING PROCEDURES
The HOST shall:
1. Maintain records that reflect all revenues, cost incurred and services provided in the performance of
the Agreement.
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 Agreement. The annual audit conducted for the Scott Soil and Water Conservation
District includes SCJSWEP activities.
L. INDEMNITY
The HOST and PARTNER mutually agree, 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 shall 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.
2010 -2012 Joint Water Resource Education Program Agreement
N. MODIFICATIONS
Any material alteration or variation of this Agreement 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 shall 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 N above concerning a non - material change ' [no
mention of non - material in N], and that this Agreement supersedes oral agreements and negotiations between
the parties relating to this subject matter. All items referred to in this Agreement are incorporated or attached
and deemed to be part of the 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 (90) days written notice
prior to the annual anniversary for this Agreement (January 1 of each year). Termination by any one
PARTNER shall not constitute the termination of this agreement in whole and pro -rated contributions shall be
returned to the terminated PARTNER. Termination by the HOST shall constitute termination of this
Agreement in whole and pro -rated contributions shall 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:
Annual Contribution Amount (see Exhibit B):
Contract start date: January 1, 2011
IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers.
APPROVED:
PARTNER HOST
BY: BY:
Board Chair Date
:_
Title
Title
Approval as to form and execution:
Date
mm
SSWCD Manager Date
2010 -2012 Joint Water Resource Education Program Agreement
EXHIBIT A
SCOPE OF SERVICES
SCOTT COUNTY JOINT STORM WATER EDUCATION PROGRAM
HOST responsibilities:
1. Hire, employ and supervise the Water Resource Education Coordinator that shall 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.
5. 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 shall remain the property of the HOST following the term of this agreement.
PARTNER responsibilities:
1. Provide a representative to the Steering Committee of the Scott County Joint Storm Water Education
Program ( JSWEP). This person shall actively participate in the Steering Committee and assist in
Comprehensive and Annual Workplan development, and other tasks as needed.
2. Provide funds for the JSWEP 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 program planning and implementation.
5. As initiated by the HOST, discuss the progress of the Water Resource Education Coordinator and agree
to take any action that is appropriate to ensure the successful fulfillment of project objectives.
6. Work with the Water Resource Education Coordinator to ensure that services are being used to address
high priorities at the local level.
Water Resource Education Coordinator responsibilities:
1. Prepare and update as necessary the Scott County Joint Storm Water Education Program
Comprehensive Plan, in coordination with the Steering Committee of the Scott County Joint Storm
Water Education Program. The Comprehensive Plan shall reference Scott County MS4 education
programs and watershed organization PARTNERS education plans
2. Review and advise the PARTNERS annually on educational components of their water resource
management and MS4 plans, as applicable.
3. Develop an Annual Workplan in consultation with the Steering Committee. The Annual Workplan shall
be consistent with and ensure implementation of the Comprehensive Plan.
4. Implement the Annual Workplan, 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 JSWEP.
6. Coordinate with "Watershed Partners" and other entities conducting water resource education efforts to
minimize overlap and maximize effectiveness.
7. Maintain JSWEP program and outreach information on the Scott SWCD website.
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 JSWEP PARNTERS.
2010 -2012 Joint Water Resource Education Program Agreement
EXHIBIT B
BUDGET
Year
Salary & Benefits
SSWCD Overhead (2)
Materials & Other
Resources (3)
TOTAL
2011
$60,000
$7,500
$7,500
$75,000
2012 (4)
$63,000
$7,875
$7,875
$78,750
(s) tienents mcluae: neaim, aental (optional), basic life insurance, retirement, deterred compensation, vacation and holiday.
(2) Includes administrative and clerical support, office equipment, mileage, basic office supplies, rent, and limited in -house reproduction expenses.
(3) Includes such things as out - source production, special bulk printings and mailings, display equipment, books, and other program - related hard goods,
as well as facility rental fees and professional service expenses for activities in the approved Work Plan. The budget supports base -level program
activities with multi jurisdictional benefit, and does not include expenses for materials or other resources for PARTNER - specific activities or events.
(4) Budget includes 5% annual increase for wage adjustments and inflation.
PARTNER CASH CONTRIBUTIONS*
PARTNER
2010 Annual
Contribution
2011 Annual
Contribution
2012 Annual
Contribution
PLSLWD
$40,000
$35,000
$36,750
VRWJPO
$1,500
$1,575
$1,654
SWMO* *
$8,500
$9,400
$9,870
SSWCD
$8,500
$8,875
$9,319
City of Prior Lake
$10,000
$10,500
$11,025
City of Savage
$0
$6,500
$6,825
Credit River Twp
$1,000
$1,050
$1,103
Jackson Twp
$1,000
$1,050
$1,103
Spring Lake Twp
$1,000
$1,050
$1,103
Total
$71,500
$75,000
$78,752
* Partner Contributions includes 5% annual contribution increase to cover inflation and wage adjustments.
** The Scott WMO contributes an additional $20,000 per year to other public education and outreach activities implemented by the SSWCD.
2010 -2012 Joint Water Resource Education Program Agreement