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Home My WebLink AboutItem 06.oSeptember 9, 2014 Item No. APPROVE AGREEMENT WITH METROPOLITAN COUNCIL FOR VOLUNTEER LAKE MONITORING PROGRAM September 15, 2014 City Council Meeting Proposed Action Staff recommends adoption of the following motion: Move to approve„ Agreement with Metropolitan Council for volunteer lake monitoring pro„� rc1 am Passage of this motion will establish City and Metropolitan Council costs and responsibilities associated with conducting a volunteer lake monitoring program. Overview The City annually partners with the Metropolitan Council to establish a citizen -assisted monitoring program (CAMP) to monitor East Lake, Lee Lake, Lake Marion and Valley Lake. City staff and volunteers measure surface water temperature and water transparency, and collect water samples that are analyzed by Metropolitan Council staff. The results are used to manage, promote and proactively protect the water quality of the City's lakes. Primary Issues to Consider ® What is the City's share of the cost? The City cost is$2,200 ($550 per lake) and includes processing 14 samples for each lake. Financing is provided from the Utility Fund - Environmental Resources. ® Why are Orchard Lake and Kingsley Lake not included in the program? These lakes are located within the Black Dog Watershed. Monitoring of these lakes is managed by the Black Dog Watershed Management Organization. 5upportin& Information O Intergovernmental Agreement (Contract No. 1411018) McKenzie L. Cafferty Environmental Resources Manager Financial Impact: $ 2,200 Related Documents (CIP, ERP, etc,): Notes: Budgeted: Yes Source: Utility Fund — Env. Resources Met Council Contract No. 144RO18 INTERGOVERNMENTAL AGREEMENT AMTROPOLITAN COUNCIL i THE CITY OF LAKE87ILLE THIS AGREEMENT is made and entered into by and between the Metropolitan Council (the "Council") and the City of Lakeville (the "City"), each acting by and through its duly authorized officers. THE ABOVE-IuAMED PARTIES hereby agree as follows: I. GENERAL SCOPE OF AGREEMENT The Council.and:the City agree to undertake a volunteer.lake sampling study in order to provide an economical inethod of broadening the water quality database on lakes in the Twin Cities Metropolitan Area. .2.01 Lake Monitoring Program. The City and the Council agree to jointly undertake a volunteer lake monitoring program as specified below: a. General .Purposes of Program. The volunteer lake monitoring program involves the use of citizen volunteers to monitor lakes in the Twin Cities Metropolitan Area. The volunteers will collect surface water samples to be analyzed for total phospllorus.(TP), total :Kjeldahl nitrogen (TKN), and chlorophyll -a (CLA). In addition, the volunteers will measure surface water temperature, water; transpareney,,and fill out a lake sampling form to help :describe the lake, and weather conditions at the time of the sampling event. Lakes will be visited :biweekly from April. through October of 2014 (the "Monitoring Period") for the number of times and at the approximate intervals specified in,.paragraph (b) .below. Each lake will be sampled over the deepestopenwater location. After each sampling date, the Council will arrange for chemical analysis of the samples either through its own laboratory or an outside laboratory. b. Specific Lakes Involved. The following lakes.and specific lake site(s) listed below will be involved iii the Council`s Citizen -Assisted Lake Monitoring Program (CAMP) in :20:14. Met Council Contract No. 14Ro.3 IS �� s. i I East 19-0349 14 Biweekly Lee 19-0029 14 Biweeklv Marion 19-0026 14 Biweekly Valley 19-0348 14 Biweekly for: 2.02 City Responsibilities. The City agrees that it will have sole responsibility a, recruiting volunteers (who have access to a boat) to monitor the lakes the City wishes to involve in the program as listed iu section 2.01(b) above. b. Providing the Council and/or volunteers with needed lake information such as lake bathymetric maps and access locations. C, Paying for the laboratory analysis cost of the samples collected by volunteers which cost is included in the amounts specified. in Article III below. d. Ensuring that the volunteers participate in`the training program. C. Ensuring that the volunteers fill out sampling forms during each sampling. event, and collect and store samples until picked up by a Council representative, 2.03 Council Responsibilities. The Council agrees that it will: a. Organize the survey and train volunteers, pick up and deliver samples to the laboratory, and analyr..e the results of the lake and City data collection program. b. Prepare a final report containing the physical, chemical, and biological data obtained during the Monitoring' Period and a brief analysis of the data. C. Provide quality control by collecting lake samples from random lakes involved in the volunteer. program. The resulting parameter values will then be compared to determine if any problems exist involving the volunteer's sampling methods and what should be done to correct the problem. d. Provide the sample bottles and labels, and filters for chlorophyll filtration. Met Council Contract No, 14ROI8 III. COMPENSATION; METHOD OF PAYMENT 3.0.1 Pay ae t to Council. For all laborperformed and reimbursable expenses incurred by the Council under this agreement during the Monitoring Period, the City agrees to pay the Council the following amounts per lake site listed in section 2.01(b). 8 to 145, b:to 7 $280 I to S $200 For lake sites requiring °sampling equipment, the cost for a kit of sampling equipment is `$1'5 0 per kit. 3.02 'Payment Schedule. I Payment ofthe total arnount owing to the Council by the City shall be made within 50 days following the end of the Monitoring Period, An invoice spccifying.the amount owed by the City will ibe sent under separate cover. 3.:03 Additional Analyses. The total amount specified in the previous paragraph does not include the cost of any additional analyses requested by the=City, such:as analysis of bottorn samples. The Council will=carry out any such additional analyses at the request of the City and subject to the availability of Council resources 'far carrying out such analyses. The Council will bill the City after the end of the Monitoring Period for any such additional analyses at the Council's actual cost,'and the City'Will promptly reimburse the Council for any such costs billed. . GENERAL. CONDITIONS 4:01. Perio&of Pet+formance. The services of the <Council will combience on April 1, 20`14, atad:will leiiniinate on December 31, 2014, or fallowing vory completion and payment, whichever occurs first. 4.02 Amendments. The terns of this agreement maybe changed only by mutual agreement of the parties. Such changes will be effective only can the execution of written amendment(s) signed by duly authorized officers of the parties to this agreement. 4.03 City Personnel. Ann Messerschznidt, or such other person as maybe designated in writing by the City, will serve as the City's representative and will assume primary responsibility for coordinating all services with the Council. 4.04 Coune l's C€sntr°act Manager-. The Council's Contract Manager for purposes of administration of this agreement is Kent Johnson, or such other person as may be designated in writing by the Council's Regional Administrator. The Council's Contract Manager will be responsible for coordinating services under this agreement. However, nothing in this ;agreement will be deemed to <authorize the Contract Manager to execute amendments to this agreement on behalf of the Council. Met Council Contract No. 14ROI S 4.05 equal Employment Opportunit-3r; Affirmative action. The Council and the City.agree to comply with all applicable :laws relating -.to; nondiscrimination and affirmative action. In:particular, the Council -and the City agree not: to discriminate against any employee; applicant for employment, or participant in:this study because.of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age; and further agree to take action to assure that applicants and employees are treated equally with respect to all aspects of employment, including rates of pay, selection for training, and other forms of compensation. 4.:06 Liability. Each. party to this :agreement.shall be liable for the. acts :and omissions of itself and its officers, employees, and agents, to the extent: authorized by law. Neither party shall be liable for the acts or omissions of the other party or the other party's officers, :employees or agents. Nothing;in this agreement shall be deemed to be.a. waiver by;eitherparty of any applicable i murines or:lir� its of liability including, without limitation, Minnesota. Statutes,.:sections:3.736 (Mate Tort<Claimm) and.:chapter 466: (Municipal Tort Claims). 4.07 .Copyright., No reports or documentsproduced in whole or in part under this agreement will:be the subject of an application for ctlpyrighi by or on behalf of the. Council or City. 4.08 Termination of Agreement. The Council and the City will both have the right to terminate this agreement at any time and. for .any reason.by submitting wririen notice of the intention to do so to the other party at least thirty (30) days prior to the specified effective date of such termination, in the :event=of suchterimination, the Council shall retain pro -rata portion of the amounts provided for in UI -isle III, based on the number of sampling :events occurring for each-lake<before4ermination versus the total sampling events specified_for each lake. The balance of the amounts will be refunded by the Council to the City. Met Council Contract No. 14RO18 IN WITNESS WHEREOF, the parties have caused dais agreement to be executed by their duly authorized representatives on the dates set forth below. This agreement is effective upon final execution by, and delivery to, both. parties. Date Date CITE' OF LAKENILLE Ia Name Its METROPOLITAN COUNCIL SIX Kent Johnson EMA Section Manager-