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Home My WebLink About4L PLSL Watershed Dist Milfoil CONSENT AGENDA: PREPARED BY: SUBJECT: DATE: BACKGROUND: DISCUSSION: ISSUES: STAFF AGENDA REPORT 4L f\^,^, \ FRANK BOYLES, CITY MANAGER\ JOINT POWERS AGREEMENT OR MILFOIL CONTROL PROGRAM BY THE AKE ADVISORY COMMITTEE. JUNE 17, 1996 The City Council, at its joint meeting with the Lake Advisory Committee, questioned the need for a Joint Powers Agreement with the Watershed District for completion of the milfoil control programo Subsequently we learned from the Watershed that the intent of the agreement was to protect them against liability associated with the program. After placing a draft copy in the Update Memo, I sent a letter to Dave Moran (attached) recommending changes to the agreement which would address the Council's concernso This agenda item requests approval of the amended agreement. From the Watershed's perspective, the primary reason for entering into a Joint Powers Agreement is to provide them with insurance coverage since their funds are being used by the City's Lake Advisory Committee to implement a milfoil control pro gram 0 The Joint Powers Agreement is also recommended by the Watershed's attorney 0 The attached letter to Dave Moran, President of the Watershed, addresses concerns which the City Council had about the initial agreement. The Watershed District approved the Joint Powers Agreement at their June 11 meetingo Two minor amendments were made t9 the agreement. The amendments are hand written and circled on the attached lettero I believe that the Joint Powers Agreement as amended clearly indicates that milfoil is a Watershed responsibility and that the City is assuming the responsibility only temporarily for as long as Watershed funding continueso AG60617E.DOC 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: 1. Approve the Joint Powers Agreement with the City's and Watershed Board's amendmentso 20 Take no actiono RECOMMENDATION: Alternative #1. A final copy of the Agreement will be prepared by the Watershed for executiono ACTION REQUIRED: Motion and second to adopt the Joint Powers Agreement as amended. AGG0617E.OOC May 21, 1996 Dave Moran President, Prior Lake-Spring Lake Watershed District 16670 Franklin Trail SE, Suite 110 Prior Lake, MN 55372 Subject: Proposed Milfoil Joint Powers Agreement Dear Dave: I have had the opportunity to review the Joint Powers Agreement we discussed last week. The changes I suggest are as follows: 1. Paragraph C of the Recital should be amended to indicate that the Watershed District is designated as the body responsible for water resource management within the District's boundarieso 2. Ba D of the Recital should e revised to indicate that "The city's Lake ./ dv~'s~r CommiJt~ee ha~ t~mporarily' assumed a more active role in completing h ,/??J""" J... ,~7"': r h . il . Th D" . h d h. t e attoR por: not e ml proJect. e Istnct as accepte t IS temporary assistance and provided funding for this project through its assessment to the W ed District taxpayerso" 30 Paragraph E of the Recital should indicate that the District and the Lake Advisory Committee agree that the Committee will temporarily provide in kind services for the Milfoil Education Project, provided that the District provides adequate funding and provided that the project itself continues to be cost effective in the City's estimation. j) Paragraph 1 u~der Agreement, entitled "General Purpose" should be revised to indicate that~~l.) The general purpose of this agreement is to acknowledge the District'~ ongoing primary responsibility for all aspects of Eurasian Milfoil control;\.o2.) Due to Watershed staffing limitations, to temporarily designate the City's Lake Advisorf... 90mlnittee to serve the role of staff in this effort, subject to Watershed funding, '3".) Identify that the program includes inspection, managing Eurasian MilfoH and education. 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-{::30 / Fax (612) 447-4245 ^N EQU^L OPPORTt JNITY EMPLOYER May 21, 1996 Dave Moran Page Two 5. Paragraph 5 under Agreement should be revised to indicate that the term of the Joint Powers Agreement shall conclude if insufficient funding is made available by the Watershed, or December 31, 1999, whichever is first.. 6. Paragraph 6 under Agreement should be revised to read that this agreement may be amended only with t icit written permission of the City Council of the City of Prior -nie--Iloar of the Prior Lake-Spring Lake Watershed Districto F A-J.1 Y ", ) 7. Paragrap 8 un~4 Agreement/s uld be amended to provide that "The cost of such inSurance/bl.- the City, - 11 be reimbursable to the City as set forth in paragn{ph 2 of this agree ,"'~to" / ,,' I have re iew:~d t suggestions both with the City Attorney and my staff. Let me :~::r:he O[like to get together to discuss them. 2.:~~~ eJ Cit1~uager cc: Suesan Lea Pace Larry Anderson ])Ctv~ - SCY"l fNL ) b l =1 L c,- }-" ~ Q tv \ ) Ll l'_c~ (' l L.." FL'~ ..- et ,;J E_ ( '4'.'1 '#-' .J l- \ (\ ['1,1- ~t v t....- y --=-- , l ~ CL ~ i,-Lv,- Q,Vl..\...L-C/(. .... "k.' '\ c.. {' ~\Lb'-"'- ~ -- ~ \,0 i \l ""~ '-\ s '~) --> · lt~ L 'IL; ~ J. DMORAN.DOC 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 3/13/96 . JOINT POWERS AGREEMENT This joint powers agreement, effective this day of , 1996, is between the Prior Lake-Spring Lake Watershed District (the District) and the City of Prior Lake (the City), pursuant to the authority of Minnesota Statutes Section 471.590 RECITALS Ao The District, by Resolutions 92-132 and 92-133 duly adopted by its Board of Managers following a public hearing on November 10, 1992, established its Eurasian Milfoil Control Project No. WD 93-1, to control the further growth and spread of Eurasian Water Milfoil in the waters of Prior Lake, and pursuant thereto levied special assessments upon properties in the District benefited by the project, to defray part of the project costs. Bo Several other government agencies and citizens groups, including the Department of Natural Resources, the City of Prior Lake and its Lake Advisory Committee, the Prior Lake Association, the Spring Lake Association, and the Prior Lake Water Ski Club/Yacht Club, have worked together and with the District in planning and coordinating milfoil control measureso Co Under the Minnesota watershed law (Chapter 103D of Minnesota Statutes), the District is designated as the body responsible for water resource management within the District's boundaries 0 Do In the course of implementing the project since its inception Oin 1992, the City's Lake Advisory Committee has temporarily assumed a more active role in completing the education portion of the milfoil project. The District has accepted this temporary assistance and has provided funding for this project through its assessment to the District taxpayerso Eo The District and the City agree that the Lake Advisory Committee will temporarily provide in kind services for the education portion of the project so long as the District provides adequate funding and the City determines the education portion of project continues to be cost effective. AGREEMENT Based on the foregoing recitals, the parties make the following joint powers agreement under Minnesota Statutes ~ 471.59. 1. General Purposeo The general purposes of this agreement are: (a) The general purpose of this agreement is to acknowledge the District's ongoing primary responsibility for all aspects of Eurasian Milfoil control; (b) Due to Watershed staffing limitations, to temporarily designate the City's Lake Advisory Committee to serve the role of staff in this effort, subject to Watershed funding; (c) Identify that the program includes inspection, managing Eurasian Milfoil and education. 2. Contribution and Disbursement of Fundso The District agrees to pay, out of its project funds, the costs incurred by the City for continuing inspection, treatment and removal of Eurasian Water MilfoiI, as and when such costs are incurred by the City acting through its Lake Advisory -1- Committeeo The City is authorized to direct providers of services, equipment or materials for the project to invoice the District directly for such costs, not to exceed in total the amount held by the District in its project fund from special assessments previously collectedo 30 Accounting for Contributions of Districto The City will provide to the District, when practicable, statements of estimated and actual costs it proposes to incur for the project, for which District funds are to be usedo The District will, upon reasonable request, apprise the City of funds remaining on hand for the project from time to timeo 40 Cooperation Generally 0 The parties agree to provide reasonable assistance and such information as they may have, upon request of one to the other, that may be necessary or helpful in furthering the purposes of the watershed law or this agreement. 50 Termo This agreement shall continue to be effective until expressly rescinded or terminated by either of the parties by the party intending to rescind and terminate this agreement by written notice thereof, for reasons including but not limited to lack of sufficient funds provided by the District to the City 0 In any event this Agreement will terminate no later than December 31, 1999. 60 Amendment. This agreement may be amended only by a writing signed on behalf of each of the parties, following approval of such amendment by the Prior Lake City Council and the District's board of managers 0 70 Distribution of Property 0 In the event of rescission or termination of this agreement, all property or surplus monies acquired in performance of this agreement shall be returned to the contributing parties in proportion to their contributions after the purpose of the agreement has been completed 0 8. Insurance 0 Before entering into performance under this agreement, the City agrees to submit this agreement for recognition of and endorsement to its general liability and errors and omissions insurance policy, by separate endorsement, naming the District as an additional insured, and will provide the District with a certificate of insurance evidencing such coverageo The additional cost (to the City if any) of such insurance to the City will be reimbursable to the City as set forth in Section 2 of this Agreement. IN WITNESS WHEREOF, the parties have signed this joint powers agreement effective the day and year first above writteno PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT By Its Board of Managers CITY OF PRIOR LAKE By By Its Its and and Its Its -2-