HomeMy WebLinkAboutItem 06.iMay 11, 2015 0 Item No.
AGREEMENT WITH METROPOLITAN COUNCIL
FOR VOLUNTEER LAKE MONITORING PROGRAM
May 18, 2015 City Council Meeting
Proposed Action
Staff recommends adoption of the following motion: Move to approve Agreement with
Metropolitan Council for volunteer lake monitoring pro_ rq 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.
Supporting Information
• Agreement -Contract No. 15RO13 (see attached)
McKenzie L. ff rty
Environmental Resources Manager
Financial Impact: $ 2,200 Budgeted: Yes Source: Utility Fund — Env. Resources
Related Documents (CIP, ERP, etc.): _
Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities
Contract No. 15RO13
INTERGOVERNMENTAL AGREEMENT BETWEEN THE
METROPOLITAN COUNCIL AND THE
CITY OF LAKEVILLE
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-NAMED 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 method of broadening the water quality database on lakes
in the Twin Cities Metropolitan Area.
II. SPECIFIC SCOPE OF SERVICES
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 phosphorus (TP), total Kjeldahl nitrogen (TKN), and
chlorophyll -a (CLA). In addition, the volunteers will measure surface
water temperature, water transparency, 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 2015
(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 deepest open water 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 in the Council's Citizen -Assisted Lake
Monitoring Program (CAMP) in 2015.
=j Uke'name:
ID# ,
Maxiinum # of ,. ,
s'am131m: dates.
Approximate
1 u . t, ;ual
East
19-0349
14
Biweekly
Lee
19-0029
14
Biweekly
Marion 1
19-0026
14 1
Biweekl
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 in 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.
e. 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 analyze 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.
Contract 15RO13
2
III. COMPENSATION; METHOD OF PAYMENT
3.01 Payment to Council. For all labor performed 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).
Number of Sampling Dates
Payment amount excludes sampling equipment)
8 to 14
$550
6 to 7
$280
1 to 5
$200
For lake sites requiring sampling equipment, the cost for a kit of sampling
equipment is $150 per kit.
3.02 Payment Schedule. Payment of the total amount owing to the Council by
the City shall be made within 30 days following the end of the Monitoring Period. An
invoice specifying the amount owed by the City will be 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 bottom samples. The Council will carry out any such additional analyses at
the request of the City and subject to the availability of Council resources for 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.
IV. GENERAL CONDITIONS
4.01 Period of Performance. The services of the Council will commence on
April 1, 2015, and will terminate on December 31, 2015, or following work completion
and payment, whichever occurs first.
4.02 Amendments. The terms of this agreement may be changed only by mutual
agreement of the parties. Such changes will be effective only on the execution of written
amendment(s) signed by duly authorized officers of the parties to this agreement.
4.03 City Personnel. Ann Messerschmidt, or such other person as may be
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 Council's Contract 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 15RO13
3
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.
4.05 Equal Employment Opportunity; 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 either party of any applicable immunities or limits of liability including,
without limitation, Minnesota Statutes, sections 3.736 (State Tort Claims) and chapter
466 (Municipal Tort Claims).
4.07 Copyright. No reports or documents produced in whole or in part under
this agreement will be the subject of an application for copyright 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 written
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 such termination, the Council
shall retain a pro -rata portion of the amounts provided for in Article III, based on the
number of sampling events occurring for each lake before termination versus the total
sampling events specified for each lake. The balance of the amounts will be refunded by
the Council to the City.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK — SIGNATURE
PAGE TO FOLLOW
Contract 15RO13
4
IN WITNESS WHEREOF, the parties have caused this 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
CITY OF LAKEVILLE
Name
Its
METROPOLITAN COUNCIL
Liz
Name
Contract 15R013
5
EMA Section Manager