Loading...
HomeMy WebLinkAbout1996-071RESOLUTION NO. 96 71 APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF STILLWATER AND METROPOLITAN COUNCIL BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Intergovernmental Agreement for the Volunteer Lake Monitoring Program (Contract No. C-96-48 attached hereto as Exhibit A) by and between the City of Stillwater, Minnesota, and the Metropolitan Council is hereby approved, and the Mayor appropriate city staff is authorized to sign said Agreement. Adopted by Council this 19th day of March, 19 9 6 . ATTEST: Jay ayor orl Weldon, City Clerk `* Exh.i:~ t "A" CONTRACT NO. C-96-45 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF STILLWATER AND THE METROPOLITAN COUNCIL THIS AGREEMENT is entered into this day of , 1996, by and between the Metropolitan Council, .hereinafter called the "Council", and the City of Stillwater, hereinafter referred to as the "City". WHEREAS, in consideration of the mutual promises and covenants contained in this agreement, the City and the Council agree to undertake a volunteer Lake sampling study in order to provide an economical method of broadening the water quality data bases on Metro Area lakes. WHEREAS, the City agrees that it will have sole responsibility for: 1. Recruiting volunteers (who have access to a boat) to monitor the lakes they wish to involve in the program. 2. Providing the Council and/or volunteers with needed lake information such as lake bathymetric maps, and access locations. 3. Paying for the laboratory analysis cost of the samples collected by the volunteer (cost is included in the $ 860.00 per lake site charge). 4. .Ensuring that the volunteer participate in the training program. 5. Ensuring that the volunteers fill out sampling farms during each monitoring event, and collect and store samples until picked up by a Council representative; and WHEREAS, the Council agrees that it will: 1. Organize the survey and train volunteers, pick up and deliver samples to the laboratory, and analyze the results of the lake and watershed data collection program. 2. Prepare a final report containing the physical, chemical, and biological data obtained during the monitoring period, .and briefly analyzing the data. 3. Provide quality control by collecting lake samples from random lakes involved in the volunteer program. The resulting parameter values can than be compared to determine if a problem (involving the volunteer's monitoring methods) exists and what should be done. • 4. Provide the sample bottles and labels, and i-filters for chlorophyll filtration. NOW, THEREFORE, the parties hereto agree as follows: I. SCOPE OF SERVICES The City and the Council agree to undertake a volunteer lake monitoring .program as specified below. A) General The volunteer lake monitoring program involves the use of volunteers (recruited by the City} to collect in-lake samples from 53 (+ or -) lakes. 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 the. lake sampling form to help describe the lake and weather conditions at the time of the monitoring event. Lakes will be visited biweekly from April through October (fourteen sampling dates), and be sampled at the lake's deepest open water location. After each monitoring date, samples will be submitted through the Metropolitan Council to an analytical laboratory for chemical analysis. B) Specific The following lakes and specific lake sites (listed below), within the Ciry of Stillwater, are going to be involved in the Councils Citizen-Assisted Lake Monitoring Program (CAMP) in 1996. LAKE ID # Lilly Lake 82-23 IL COMPENSATION: METHOD OF PAYMENT 2.01 Maximum Total Compensation. The City agrees to pay the Council $ 860.00 per lake site (less than the $ 1,000.00 per lake site because no monitoring equipment is needed), for the labor performed and reimbursable expenses incurred under this agreement within 10 days following the execution of this agreement. The total amount due ($ 860.00 as specified in the enclosed invoice) does not include the cost of additional analysis (i.e., TP analysis of bottom samples). Any additional analysis will be bided "at cost", at the end of the project (i.e., additional TP analysis at approximately $ 10.25 per sample). III. GENERAL PROVISIONS 3.01 Period of Performance. The services of the Council shall commence on April 1, 1996, and shall terminate on December 31, 1996, or following work completion. 3.03 Amendments. The terms of this agreement may be changed by mutual agreement of the parties. Such changes shall be effective only on the execution of written amendments} signed by the Council and the City. 4 3.06 Council's Authorized Agent. The Council's authorized agent for purposes of administration of this agreement is Randy Anhorn, who shall be responsible for the services under this agreement. 3.08 Eaual Emnlovment ODDOrtunltV: Affirmative Action: Economically Disadvantaged Sma11 Business. The Council and the City agree not to discriminate against any employee or applicant for employment because of race, color, religion, or national origin and to take action to assure that applicants and employees are treated equally with respect to all forms of employment, selection for training, rates of pay, and other forms of compensation. The Council and the City further agree to take affirmative action to include the. participation of economically disadvantaged small businesses in the performance of the agreement, wherever possible. 3.09 Liability. The City agrees to indemnify and save and hold the Council, its agents, and employees harmless from any and all claims or causes of action arising from the performance of this agreement by the City or the City's agents, and employees. This clause shall not be construed to bar any legal remedies the Council may have for the City's failure to perform its obligations pursuant to this agreement. In addition, the Council agrees to indemnify and save and hold the City, its agents, and employees harmless from any and all claims or causes of action. arising from the performance of this agreement by the Council or the. Council's agents, and employees. This clause shall not be construed to bar any legal remedies the City may have for the Council's failure to perform its obligations pursuant to this agreement. 3.10 Termination of Agreement. The Council and the City shall 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 WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized representatives on the day and year first above written. pprov as to form Counsel METROPOLITAN COUNCIL By Water Management Technical Unit Manager CITY OF STILLWATER: By Its •