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HomeMy WebLinkAbout1998-107RESOLUTION N0.98- 1~7 APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF STILLWATER AND THE METROPOLITAN COUNCIL BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Intergovernmental Agreement to provide lake monitoring of Lily Lake, attached hereto as Exhibit A, is hereby approved, and the appropriate city officials are authorized to sign said Agreement. Adopted by the City Council this 21St day of April, 1998. J or ATTEST: Morl Weldon, City Clerk 2.02 City Responsibilities. The City agrees that it will have sole responsibility for: 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 2.1(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 Section II below and monitoring equipment (if needed). d. Ensuring that the volunteers participate in the training program. e. Ensuring that the volunteers fill out sampling forms during each monitoring 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. Provide quality control by collecting lake samples from random lakes involved in the volunteer program. The resulting parameter values will than be compared to determine if any problems exist involving the volunteer's monitoring methods and what should be done to correct the problem. d. Provide the sample bottles and labels, and filters for chlorophyll filtration. II. COMPENSATION; METHOD OF PAYMENT The City agrees to pay the Council S 860.00 per lake site (less than the $ 1,000.00 per lake site because no monitoring equipment is needed) listed in section 2.1(b), for all labor performed and reimbursable expenses incurred by the Council under this agreement within 10 days following the execution of this agreement. An invoice specifying the amount owed by the City is enclosed with this agreement. The total amount specified in the previous paragraph does not include the cost of any additional analyses requested by the City, such as total phosphorus (TP) analysis of bottom samples. The Council will carry out any such additional analyses at the request of the City. The Council will bill the City for any such additional analyses at the Council's actual cost, at the end of the project, and the City will promptly reimburse the Council for any such costs billed. III. GENERAL PROVISIONS 3.01 Period of Performance. The services of the Council will commence on April 1, 1998, and will terminate on December 31, 1998, or following work completion and payment, whichever occurs first. 3.02 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. 3.03 City Personnel. Klayton Eckles, 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. 3.04 Council's Contract Manager. The Council's Contract Manager for purposes of administration of this agreement is Randy Anhorn, 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 authorized the Contract Manager to execute amendments to this agreement on behalf of the Council. 3.05 Equal Employment Opportunity; Targeted Group Business. 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 or applicant for employment 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. The Council and the City further agree to take affirmative action to include targeted group businesses in the performance of the agreement, wherever possible. 3.06 Liability. The City assumes liability for and agrees to defend, indemnify and hold harmless the Council, its members, officers, employees and agents from and against all losses, damages, expenses, liability, claims, suits or demands, including without limitation attorney's fees, arising out of, resulting from, or relating to the performance of this agreement by the City or the City's officers, employees or agents, inchiding volunteers. This clause will 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 assumes liability for and agrees to defend, indemnify and hold harmless the City, its members, officers, employees and agents from and against all losses, damages, expenses, liability, claims, suits or demands, including without limitation attorney's fees, arising out of, resulting from, or relating to the performance of this agreement by the Council or the Council's officers, employees or agents, including volunteers. This clause will 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. 3.07 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. 3.08 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 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 STILLWATER 13y - Na -J ~-- .~ ~ r~ .h 1 ~i~ -~ Its ~ ~? -[ 0 Q ~ METROPOLITAN COUNCIL James J. Solem, Regional Administrator By Approved as to form: Metropolitan Council, Office of General Counsel Contract No. 3 2-~~ - ~~ INTERGOVERNMENTAL AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF STILLWATER THIS AGREEMENT is made and entered into by and between the Metropolitan Council (the "Council") and the City of Stillwater (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 data bases 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 (recruited by the City) to collect in-lake samples from approximately sixty (b0) 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 monitoring event. Lakes will be visited biweekly from April through October of 1998 (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 Lakes Involved. The following lakes and specific lake sites listed below, within the City of Stillwater, will be involved in the Council's Citizen- Assisted Lake Monitoring Program (CAMP) in 1998. LAKE ID # Lily 82-0023 2.02 City Responsibilities. The City agrees that it will have sole responsibility for: 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 2.1(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 Section II below and monitoring equipment (if needed). d. Ensuring that the volunteers participate in the training program. Ensuring that the volunteers fill out sampling forms during each monitoring 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 than be compared to determine if any problems exist involving the volunteer's monitoring methods and what should be done to correct the problem. d. Provide the sample bottles and labels, and filters for chlorophyll filtration. II. COMPENSATION; METHOD OF PAYMENT 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) listed in section 2.1(b), for all labor performed and reimbursable expenses incurred by the Council under this agreement within 10 days following the execution of this agreement. An invoice specifying the amount owed by the City is enclosed with this agreement. The total amount specified in the previous paragraph does not include the cost of any additional analyses requested by the City, such as total phosphorus (TP) analysis of bottom samples. The Council will carry out any such additional analyses at the request of the City. The Council will bill the City for any such additional analyses at the Council's actual cost, at the end of the project, and the City will promptly reimburse the Council for any such costs billed. III. GENERAL PROVISIONS 3.01 Period of Performance. The services of the Council will commence on April 1, 1998, and will terminate on December 31, 1998, or following work completion and payment, whichever occurs first. 3.02 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. 3.03 City Personnel. Klayton Eckles, 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. 3.04 Council's Contract Manager. The Council's Contract Manager for purposes of administration of this agreement is Randy Anhorn, 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 authorized the Contract Manager to execute amendments to this agreement on behalf of the Council. 3.05 Equal Employment Opportunity; Targeted Group Business. 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 or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regazd 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 aze treated equally with respect to all aspects of employment, including rates of pay, selection for training, and other forms of compensation. The Council and the City further agree to take affirmative action to include targeted group businesses in the performance of the agreement, wherever possible. 3.06 Liability. The City assumes liability for and agrees to defend, indemnify and hold harmless the Council, its members, officers, employees and agents from and against all losses, damages, expenses, liability, claims, suits or demands, including without limitation attorney's fees, arising out of, resulting from, or relating to the performance of this agreement by the City or the City's officers, employees or agents, including volunteers. This clause will 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 assumes liability for and agrees to defend, indemnify and hold harmless the City, its members, officers, employees and agents from and against all losses, damages, expenses, liability, claims, suits or demands, including without limitation attorney's fees, arising out of, resulting from, or relating to the performance of this agreement by the Council or the Council's officers, employees or agents, including volunteers. This clause will 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. 3.07 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. 3.08 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 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 _ ~ C ,~ CITY OF STILLWATER B Y Name /'~ i ~ ~ ~ e~ Its ~~ ~c> C~ METROPOLITAN COUNCIL Date By James J. Solem, Regional Administrator Approved as to form: Metropolitan Council, Office of General Counsel r METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 Citv of Stillwater INVOICE NUMBER: 13050 c/o Klayton Eckles 216 N Fourth DATE: March 24, 1998 Stillwater, MN 55082 Customer Number: 7130-442 Make all checks payable to: METROPOLITAN COUNCIL Accounts Receivable Mears Park Centre 230 E. Fifth Street St. Paul, MN 55101 Expense for volunteer lake monitorin~proeram March 1, 1998 -October 31, 1998 CHARGE $ 860.00 per lake monitoring site. includes the following; All Invoices Due and Payable Upon Receipt - volunteer training - chemical analysis of water samples - final analysis report -pick-up and delivery of samples The City of Stillwater has indicated the inclusion of 1 lake site in the program. -Lily Lake DNR # 82-23 Total Amount Due and Payable to the Metropolitan Council = 1 (lake site) X $ 860.00 8$ 60.00 Receipt Code: 11370-14370 Return One Copy of Invoice With Payment For information regarding this invoice please contact: Randy Anhorn (612) 602-1267 Copies: Vendor (2) Numeric File (1) Accounts Receivable (1) Filc:H:\LIE3RARY\ADMINLIQ\INVOICE I