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4.5 SR 06-17-2024City of Elk - River To City Council Meeting Date June 17, 2024 Item Description Adopt -a -Storm Drain Program Agreement 24-16 Request for Action Item Number 4.5 Prepared By Suzanne Fischer, Environmental Services and Special Projects Director Reviewed by Suzanne Fischer Cal Portner Tina Allard Action Requested Approve, by motion, an Agreement 24-16 with Sherburne County to participate in the Adopt -a -Storm Drain Program. Background/Discussion Background/Discussion The Sherburne County Adopt -a -Storm Drain program is a collaborative effort developed by the Sherburne County Public Works Department, Planning & Zoning, Soil and Water Conservation District (SWCD), and local municipality road authorities. The supporting road authorities are working with Sherburne SWCD to sponsor this program. With the acceptance of the agreement and selection of the drain/drains, these will be the drain/drains the city elects to `adopt.' Staff recommends adding this component to our existing Adopt -a -Park and Adopt -a -Pond programs. Recreation currently has 37 parks `adopted' by residents or businesses. Storm drains near existing ponds are a priority. Additional drains will be identified and selected based on volunteer levels. Financial Impact N/A Mission/Policy/Goal Work with citizens to achieve goals. Attachments I. 4.8 Action- RequestedJune 2024 2. 4.8 at AASDJPA_CityofElkRiver Agr 6.17.2024 The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exceptional service, and community p p W E R E U A Y engagement that encourages and inspires prosperity 372 4.8 at2 Adopt a Storm Drain Agreement Page 43 of 372 Request for Action To Item Number Mayor and City Council 4.8 Agenda Section Meeting Date Prepared by Consent AgendaJune 17, 2024 Suzanne Fischer, Env. Serv/S ecial Projects Director Item Description Reviewed by Sherburne County's Adopt -a -Storm Drain Program. Cal Portner, City Administrator Reviewed by Action Requested Approve, by motion, an agreement with Sherburne County to participate in the Adopt -a -Storm Drain Program. Background/Discussion The Sherburne Adopt a Storm Drain program is a collaborative effort developed by the Sherburne County Public Works Department, Sherburne County P&Z, Sherburne County SWCD, and local municipality road authorities. The supporting road authorities are working with Sherburne SWCD to sponsor this program. With the acceptance of the agreement and selection of the drain/drains, these will be the drain/drains the city elects to `adopt.' Staff recommends adding this component to our existing Adopt -a -Park and Adopt -a -Pond programs. Recreation currently has thirty-seven parks `adopted' by residents or businesses. Storm drains near existing ponds are priority. Additional drains will be identified and selected based on volunteer levels. Financial Impact N/A Mission/Policy/Goal Work with citizens to achieve goals. Attachments ■ JPA between Sherburne County, Sherburne SWCD, and the City of Elk River ■ Volunteer Agreement & Release The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. rPI1EIEI AY NATUREE Updated.• January 2023 Page 44 of 372 4.8 at JOINT POWERS AGREEMENT BETWEEN SHERBURNE COUNTY/SWCD AND CITY OF ELK RIVER Adopt a Drain Program THIS AGREEMENT is made and entered into this 17t' day of June 2024, (the "Effective Date") by and between the Sherburne Soil and Water Conservation District, ("SWCD"), and the Municipality/County of Elk River. WHEREAS, SWCD and the Municipality have vested interests in improving water quality in our County; and WHEREAS, the Municipality has identified drains that take surface waters from the roads and discharge into the waters of the County; and WHEREAS, both parties to this agreement seek to engage the public in the protection of the waters of the County through a program called "Adopt a Drain" which SWCD is interested in facilitating; and WHEREAS, Minn. Stat. § 471.59 authorizes the SWCD and the Municipality to enter into an agreement for the joint exercise of powers and the sharing of resources; and WHEREAS, SWCD and the Municipality agree that cooperating is in the best interest of the public, and therefore enter into this Agreement to identify the responsibilities and obligations of each of the parties in this cooperative effort. NOW, THEREFORE, in consideration of the premises and covenants contained herein and subject to the provisions of Minn. Stat. § 471.59, the parties agree as follows: Purpose. The parties enter into this Agreement for the purpose of facilitating the program known as Adopt a Drain. 2. Term. Notwithstanding the date of the signatures of the parties, the term of this Agreement shall commence on the Effective Date and, unless earlier terminated pursuant to this Agreement, shall terminate as set forth in this agreement. 3. Duties of the Municipality. 3.1. Identification of Drains. By entering into this agreement, the Municipality agree to allow SWCD to operate a program that provides for the adoption of a drain by citizens on roads under the Municipality's authority. The Municipality shall provide information in a format that is mutually agreeable to both parties which identifies their road system and the drains that flow into the waters of the County that would be eligible for Page 45 of 372 4.8 at "adoption". The Municipality shall promote on their website information on the Adopt A Drain program. 3.2. Payment Municipality Involvement. There shall be no out of pocket expenses incurred by the Municipality for its involvement in this agreement 4. Duties of the County SWCD. 4.1. Program Administration. SWCD and the Municipality shall solicit citizens to become involved in the Adopt a Drain program. SWCD shall administer the program including the provision to the Municipality of information regarding the program for the Municipality to place on its website; obtaining the waivers of liability for citizen volunteers and provision of safety guidelines, and other related efforts regarding the program. SWCD will provide to the Municipality a contact name for the administration of the program. SWCD will be responsible for any costs incurred in the administration of the program. 5. General Provisions. 5.1. Entire Agreement, Amendments. This Agreement constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, documents and proposals, oral or written, between the parties with respect thereto. Any amendment or modification to this Agreement shall not be valid unless such amendment or modification (i) is in writing and signed by authorized representatives of both parties and (ii) references this Agreement. The terms and conditions of the exhibits are integral parts of this Agreement and are fully incorporated herein by this reference. 5.2. Cooperation. The parties agree to cooperate to further the Adopt A Drain program to the extent feasible and to the extent permitted by law. The parties further agree to cooperate in resolving any disputes the parties may have. 5.3. Termination. This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two days after mailing. 5.4. Notices. Any notices required or permitted to be given under this Agreement shall be delivered personally or sent by certified mail to the other party as follows: To SWCD: Francine Larson, District Manager 2 Page 46 of 372 4.8 at To the Municipality: Suzanne Fischer, Environment Services/Special Projects Director 5.5. Governing Law. This Agreement shall be governed by the laws of the State of Minnesota. For the purpose of resolving conflicts related to or arising out of this Agreement, the parties expressly agree that venue shall be exclusively in the State of Minnesota, County of Sherburne. 5.6. Disbursement of Property. At termination of this agreement, all property shall belong to SWCD. 5.7. Audit. The parties shall maintain complete and accurate records with respect to costs incurred and services performed under this Agreement for a period of at least six (6) years after the termination of this Agreement. Pursuant to Minn. Stat. § 16C.05, Subd. 5, each party shall allow the other party, the State Auditor, or their authorized representatives access to the books, records, documents, and accounting procedures and practices relevant to the subject matter of the Agreement, for purposes of audit. 5.8. Data Practices. All data created, collected, received, stored, used, maintained, or disseminated for any purpose in connection with this Agreement is governed by the Minnesota Data Practices Act, as well as other State and Federal rules and regulations relating to data privacy. 5.9. Assignment and Delegation. Neither parry shall assign its rights or delegate its duties under this Agreement. 5.10. Liabili . Each party will be solely responsible for its own acts and omissions and the results thereof, to the extent authorized by law. The parties mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement. Minnesota Statutes Chapter 466 and other applicable laws govern the parties' liability. SWCD have insurance coverage with MCIT for its actions and those under its direction and control. By provision of this coverage, SWCD does not intend to waive any immunities that it may enjoy. 5.11. Severabili . and Signatures. In the event that any portion of this Agreement shall be held to be invalid, such invalidity shall not affect the validity of the remainder 3 Page 47 of 372 4.8 at of this Agreement. This agreement may be separately executed by the parties and shall still bind both to the terms herein. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be effective as of the Effective Date set forth above. Sherburne Soil and Water MUNICIPALITY Conservation District Attest: Its: Chair IN Its: Chair/Mayor Attest: Its: District Manager Its: Environment Services/Special Projects Director 4 Page 48 of 372 4.8 at2 Adopt a Storm Drain Agreement & Release Thank you for your interest i u becoming a Sherburne Adopt a Storm Drain Volunteer! The Sherburne Adopt a Storm Drain program is a collaborative effort developed by the Sherburne County Public Works Department, Sherburne County Planning and Zoning Department, Sherburne Soil and Water Conservation District, and local municipality road authorities. The supporting road authorities are working with Sherburne Soil and Water Conservation District to sponsor this program. Following the acceptance of the agreement and selection of the drain/drains, these will be the drain/drains you have elected to "adopt." This agreement between Sherburne Soil and Water Conservation District ("SWCD") and the individual (Applicant) governs Applicant's and their volunteers' participation in the Sherburne Adopt a Storm Drain Program. The Applicant and Sherburne Soil and Water Conservation District agree as follows: • Applicant Defined. As used in this Agreement, "Applicant" means and include the person(s) or entity entering into this agreement, and its members, representatives, and any and all participants engaging in Adopt a Storm Drain activities. Applicant must be 18 years old. Agreement Term. This Agreement will be effective on date form is submitted. It will remain in effect until the Applicant notifies SWCD that they would like to withdraw from the program or after one year of not completing an Adopt a Storm Drain Maintenance Report. Applicant must not begin engaging in Adopt a Storm Drain activities until this Agreement is fully executed. Terms and Conditions Are Part of this Agreement. The Sherburne Adopt a Storm Drain Safety Guidelines are made a part of this Agreement. Applicant and their volunteers agree to abide by these guidelines. Applicant and their volunteers agree that they will obey and abide by all laws and regulations, including those relating to safety and any such additional terms Road authority may require. Applicant and all other individuals participating agree that it: WILL - Monitor their chosen storm drains a minimum of twice per year, pickup and properly dispose of litter / debris and report activities using the Adopt a Storm Drain Maintenance Report through the Sherburne Adopt a Storm Drain web site. - Ensure that each participant and their volunteers review the Adopt a Storm Drain Safety Guidelines and this Agreement before participating in the Adopt a Storm Drain activity. - Anyone between the age of 12-17 must be accompanied by an adult and must have permission from their parent or guardian. - Follow the Adopt a Storm Drain Guidelines - Only monitor storm drains and pick up litter / debris during daylight hours and in good weather - Wear required safety vests and exercise safety precautions in handling any potentially hazardous materials. - Report illicit discharge and any other hazardous materials to the local road authority. WILL NOT - Engage in Adopt a Storm Drain activities until this agreement is fully signed, and all Applicant's participants have reviewed this agreement and the Sherburne Adopt a Storm Drain Safety Guidelines. - Work beyond their chosen and assigned stormwater drains. Page 49 of 372 4.8 at2 - Pickup litter / debris only around the opening and exterior of storm water drains. Opening of manholes, grates or other drain structures is not allowable. Maintenance needs for these areas are to be reported to the Sherburne Adopt a Storm Drain website. - Permit any person under the age of 12 to be present at the work site, even if not engaged in litter / debris picking activities. - Have any person present at the work site who is not participating in the Adopt a Storm Drain activity. They will not allow any animals to be present while participating in the program. • Volunteer Capacity. Applicant and their volunteers are acting in a volunteer capacity, and will not be deemed an officer, employee or agent of SWCD or the road authority for any reason. Applicant and their volunteers will not receive any compensation or benefits from SWCD or the road authority. Applicant and Applicant's volunteers are responsible for their own insurance coverage for injuries arising from or related to their engaging in Adopt a Storm Drain activities. Release of Liability for Personal Injury and Property Damage. Applicant and their volunteers assumes full responsibility for any injuries to their person or property arising from or related to engaging in Adopt a Storm Drain activities. Neither SWCD or the road authority will not be responsible for any injuries or property damage arising from the Applicant or their volunteers engaging in activities. Hazards Acknowledged. Applicant and their volunteers recognize the risks and potential hazardous nature of activities related to the Adopt a Storm Drain program. Hazards include but are not limited to being exposed to weather, uneven terrain, plant life and wildlife, insects, nearby traffic, pollutants and medical waste and hazardous waste. Applicant and their volunteers agree to accept all risks of participation. Under no circumstances may an individual under the age of 12 be allowed to be a participant or volunteer under this program. Road authority May Modify or End Agreement for Any Reason or For No Reason. SWCD may, in its sole discretion, revise or terminate this Agreement at any time, with or without cause and without notice to the Applicant. Severability. If any term of this Agreement is deemed invalid or unenforceable, such term shall be excluded to the extent of such invalidity or unenforceability. The remaining terms of this Agreement shall not be affected. • Program Contact. Applicant will contact the road authority to report any issues with storm drains. For questions about the program details, contact Franny Gerde at Sherburne County Soil and Water Conservation District at 763-220-3434 or fgerde&sherburneswcd.org (The Authorized Representative is signing on behalf of all volunteers participating in the Adopt a Strom Drain Program in your organization) Page 50 of 372