HomeMy WebLinkAbout2012-06-20 PACKET 04.E.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 6/20112
PREPARED BY: Engineering Jennifer Levitt
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
Consider approving the agreement between Washington Conservation District and members
of the 2013 -2015 East Metro Water Resource Education Program.
STAFF RECOMMENDATION
Approve the agreement between Washington Conservation District and members of the 2013-
2015 East Metro Water Resource Education Program.
BUDGET IMPLICATION $2,225.00
BUDGETED AMOUNT
ADVISORY COMMISSION ACTION
DATE REVIEWED
❑ PLANNING ❑
❑ PUBLIC SAFETY ❑
❑ PUBLIC WORKS ❑
❑ PARKS AND RECREATION ❑
❑ HUMAN SERVICES /RIGHTS ❑
� ECONOMIC DEV. AUTHORITY El
SUPPORTING DOCUMENTS
$2,225.00
ACTUAL AMOUNT
APPROVED
DENIED
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❑
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El
El
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® MEMO /LETTER: Allan Larson, June 14, 2012
❑ RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
® OTHER: 2013 -2015 Shared Water Resource Education Program Agreement
ADMINISTRATORS COMMENTS
City Administrator Date
COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
H: \COUNCIL FORMS \COUNCIL 2012 \Council 6 -20 -12 \Council Action Form East Metro Water Resource Contract renew.doc
From: Allan Larson, Engineering
Date: 6/14/12
Subject: Details on agreement between Washington Conservation District and members
of the 2013 -2015 East Metro Water Resource Education Program
Background/Discussion
Our contract with the Washington Conservation District —East Metro Water Resource
Education Program (EMWREP) ends this year unless it's extended.
Cottage Grove and other communities in Minnesota are required to obtain a Municipal
Separate Stormwater System (MS4) Permit from the Minnesota Pollution Control Agency
(MPCA), which in turn requires a citizen educating component on improving water quality as
part of the permit.
Cottage Grove has used the services of the Washington Conservation District to meet our MS4
Stormwater Permit requirements for citizen education on water resource, stormwater, and
groundwater management. This collaborative effort is needed to effectively and efficiently
deliver water resource education and meet MS4 permit education requirements.
EMWREP activities for Cottage Grove under current contract are as follows:
• Develop fact sheets and brochures distributed at Public Works Open House
• Provide Project WET books and training for teachers from South Washington School
District
• Submit articles in South Washington County Bulletin (8616 readers)
• Submit articles in city newsletter
• Maintain website used to convey info to the public (Cottage Grove, EMWREP —
www.mnwcd.org /cleanwater, Blue Thumb — www.BlueThumb.org, Clean Water MN —
www.cleanwatermn.org, East Metro Water Blog —
www.eastmetrowater. areavoices. com)
• Support Watershed Partners Clean Water Minnesota Media campaign - PSA's on
cable, Channel 45, MN Twins radio, St. Paul Saints TV, and MPR
• Provide direct contact & projects completed at Target and South Washington School
District Service Center
• Erosion control seminar in Cottage Grove (featured county South Service Center and
new City Hall)
• Presentation given to city's environmental planning commission
Cost:
Each PARTNER is suggested to contribute annually in accordance with the following funding
structure:
County ..... ............................... $11,000 /year
Small Watershed Districts ......$11,000 /year
(Taxable Market Value < $1 Billion)
Medium Watershed Districts... $16,750 /year
(TMV $1 -5 Billion)
Large Watershed Districts ...... $22,000 /year
(TMV >$5 Billion)
Watershed Management Org. $5,500 1year
Large MS4 Cities ....................$2,225 /year
(Population > 5,000)
Small MS4 Cities ....................$560 /year
(Population < 5,000)
Cottage Grove cost to extend this contract FY 2013 -15 is $2,225.00 per year.
Recommendation:
It is recommended to approve the agreement between Washington Conservation District and
members of the 2013 -2015 East Metro Water Resource Education Program.
Contract Number: 09- EMWREP
AGREEMENT BETWEEN
WASHINGTON CONSERVATION DISTRICT
AND MEMBERS OF THE 2013 -2015
EAST METRO WATER RESOURCE EDUCATION PROGRAM
A. PARTIES
This Agreement is made and entered into by Washington Conservation District, hereinafter referred to as
HOST, and members of the East Metro Water Resource Education Program, hereinafter referred to individually
as a PARTNER. A PARTNER is defined as an entity that executes this agreement. Eligible PARTNERS
include watershed organizations and municipalities partially or wholly within Washington County.
B. PURPOSE
WHEREAS, the PARTNER has a common objective of educating the citizens of the Twin Cities east metro
area about water resource, stormwater, and groundwater management in order to improve water quality; and
WHEREAS, the PARTNER has identified a need for education assistance; and
WHEREAS, 9 watershed organizations in Washington County have education components in their respective
watershed management plans; and
WHEREAS, 23 communities, including multiple watersheds and the County, in Washington County are
required to obtain a Municipal Separate Storm Sewer System (MS4) Permit from the Minnesota Pollution
Control Agency (MPCA), which requires nonpoint source pollution education; and
WHEREAS, the PARTNER agrees it is in their best interest to define their respective responsibilities and
obligations; and
WHEREAS, the PARTNER agrees that collaborative efforts are needed to more effectively and efficiently
deliver water resource education and meet MS4 permit education requirements; and
WHEREAS, the PARTNER requests assistance from the HOST to implement the policies specified in MINN.
STAT. §§ 103A.206; and
WHEREAS, the HOST is authorized to enter agreements to provide such assistance pursuant to MILAN. STAT.
§§ 103C.331, SUBD. 3 and 7.
NOW, THEREFORE, the PARTNER agrees as follows
C. TERM OF CONTRACT
The term of this agreement shall be from January 1, 2013 to December 31, 2015 unless extended or terminated
earlier as provided herein.
D. MEMBERSHIP STRUCTURE
In accordance to the program goals of collaboration and partnership, entities may become a PARTNER by
signing the Signature Page at the end of this Agreement. A new PARTNER shall apply to the HOST and sign a
separate contract and their signature page shall be attached to the original document. The HOST will
coordinate with each PARTNER, update the project budget, and distribute it to each PARTNER.
2013 -2015 Shared Water Resource Education Program Agreement
Each PARTNER will assign a member to the Steering Committee of the East Metro Water Resource Education
Program. This Committee will assist the Shared Water Resource Educator and HOST to prepare the Annual
Workplan, Annual Budget, and Annual Report. A Membership Summary will be included in the Annual Report
prepared by the HOST.
E. SCOPE OF SERVICES
The HOST will perform for the PARTNER the services and furnish and deliver work products generally
described in Exhibit A, attached and made part of this agreement. PARTNER - specific services will be defined
in the Annual Workplan noted in Exhibit A. The targeted PARTNER- specific services will be approximately
15% of the total annual workplan. Eighty -five (85) percent of the total annual workplan will be committed to
shared, multi jurisdictional benefit educational activities.
F. COST
In full consideration for services under this agreement, the PARTNER shall provide their portion of the annual
costs to the HOST in accordance with their executed Signature Page at the end of this Agreement. The total
annual budget for the program is shown in Exhibit B with contributions outlined in Paragraph G. If PARTNER
Contributions are below the Total Budget, educational material expenses will not be incurred.
In the case that overall funding contributions from all of the PARTNERS exceeds the budget in Exhibit B by
less than 20 %, the excess contributions will be used to fund additional educational materials or support staff.
Once the revised overall funding contribution from all of the PARTNERS exceeds the budget in Exhibit B by
20 %, the PARTNERS have the option of having their proportional amount of the excess budget returned or can
direct the funds to be used for EMWREP activities.
G. FUNDING STRUCTURE
Each PARTNER is suggested to contribute annually in accordance with the following funding structure:
County: $11,000 /year
Small Watershed Districts (Taxable Market Value < $1 Billion): $11,000 /year
Medium Watershed Districts (TMV $1 -5 Billion): $16,750 /year
Large Watershed Districts (TMV >$5 Billion): $22,000 /year
Watershed Management Organizations: $5,500 /year
Large MS4 Cities: $2,225 /year (Population > 5,000)
Small MS4 Cities: $560 /year (Population < 5,000)
In -kind matches from existing educational staff from within partner organizations are also encouraged. The
WCD shall provide $11,000 of in -kind match to the program per year. As shown in Exhibit B, PARTNER
contributions will be reviewed and adjusted on an annual basis, as needed.
H. PAYMENTS
1. The services in Exhibit A provided by the HOST will be billed in accordance to Exhibit B.
Invoices will be sent on a quarterly basis and will summarize the work performed. Invoices are
payable within 60 days.
2. Office supplies, in -house reproduction expenses, and transportation are included in the overhead
noted above. Out source reproduction, special bulk mailings and other direct costs beyond the
actual current budget (the combined contributions of each PARTNER) noted in Paragraph F are to
be reimbursed at actual cost with prior approval from the PARTNERS.
2013 -2015 Shared Water Resource Education Program Agreement
I. EQUAL EMPLOYMENT OPPORTUNITY- CIVIL RIGHTS
During the performance of this Agreement, the HOST agrees to the following: No person shall, on the grounds
of race, color, religion, age, sex, disability, marital status, public assistance, criminal record, creed or national
origin, be excluded from full employment rights in, be denied the benefits of, or be otherwise subjected to
discrimination under any program, service, or activity under the provisions of and all applicable federal and
state laws against discrimination including the Civil Rights Act of 1964.
The HOST shall comply with all applicable Federal and State statutes and regulations as well as local
ordinances now in effect or hereafter adopted. Failure to meet the requirements of the above may be cause for
cancellation of this contract effective the date of receipt of the Notice of Cancellation.
K. DATA PRIVACY
All data collected, created, received, maintained, or disseminated, or used for any purpose in the course of the
HOST's performance of the Agreement is governed by the Minnesota Government Data Practices Act,
Minnesota 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to
implement the Act, as well as state statutes and federal regulations on data privacy. The HOST agrees to abide
by these statutes, rules and regulations and as they may be amended.
L. AUDITS, REPORTS, AND MONITORING PROCEDURES
The HOST will:
1. Maintain records that reflect all revenues, cost incurred and services provided in the performance of
the Agreement.
2. Agree that the County, the State Auditor, or legislative authority, or any of their duly authorized
representatives at any time during normal business hours, and as often as they may deem reasonably
necessary, shall have access to the rights to examine audit, excerpt, and transcribe any books,
documents, papers, records, etc., and accounting procedures and practices of the HOST which are
relevant to the contract. The annual audit conducted for the Washington Conservation District that
includes EMWREP activities.
M. INDEMNITY
The HOST and PARTNER mutually agrees, to the fullest extent permitted by law, to indemnify and hold each
other harmless for any and all damages, liability or cost (including reasonable attorneys' fees and costs of
defense) arising from their own negligent acts, errors or omissions in the performance of their services under
this agreement, to the extent each party is responsible for such damages and losses on a comparative basis of
fault. The PARTNER agrees to provide proof of contractual liability insurance upon request. This paragraph
does not diminish with respect to any third party, any defense, immunity, or liability limit that the HOST or
PARTNER may enjoy under the law.
N. INDEPENDENT CONTRACTOR
It is agreed that nothing herein contained is intended or should be construed in any manner as creating or
establishing the relationship of co- partners between the parties hereto or as constituting the HOST as the agent,
representative, or employee of PARTNER organization for any purpose or in any manner whatsoever. The
2013 -2015 Shared Water Resource Education Program Agreement
HOST is to be and shall remain an independent contractor with respect to all services performed under this
Agreement.
The HOST represents that it has, or will secure at its own expense, all personnel required in performing
services under this Agreement. Any and all personnel of the HOST or other person, while engaged in the
performance of any work or services required by the HOST under this Agreement, shall have no contractual
relationship with the PARTNER and shall not be considered employees of the PARTNER.
O. MODIFICATIONS
Any material alteration or variation shall be reduced to writing as an amendment and signed by the parties. Any
alteration, modification, or variation deemed not to be material by written agreement of the HOST and the
PARTNER shall not require written approval. Contract extensions will be handled as a material alteration.
P. MERGER
It is understood and agreed that the entire agreement of the parties is contained here, except as modified during
the tern of the Agreement by a writing under Paragraph O above concerning a non - material change, and that
this contract supersedes oral agreements and negotiations between the parties relating to this subject matter. All
items referred to in this contract are incorporated or attached and deemed to be part of the contract.
Q. TERMINATION
This agreement shall commence when executed by all parties and shall continue until terminated. This
agreement shall terminate immediately upon completion of the activities enumerated herein and the program
duration expires. Any party to this agreement may withdraw participation with ninety days written notice prior
to the annual anniversary for this Agreement (January 1 of each year). Termination by any one PARTNER
shall not constitute the termination of this agreement in whole and pro -rated contributions will be returned to
the terminated PARTNER. Termination by the HOST will constitute termination of this agreement in whole
and pro -rated contributions will be returned to each PARTNER.
R. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
All property of the HOST or PARTNER used, acquired or created in the performance of work under this
Agreement, including documents and records of any kind, shall remain the property of the HOST and
PARTNER. The HOST and PARTNERS shall have shared rights to use, sell, license, publish, or otherwise
disseminate any product developed in whole or in part during the performance of work under this Agreement.
Durable goods purchased by the HOST, such as office equipment and computers, shall remain the property of
the HOST.
2013 -2015 Shared Water Resource Education Program Agreement
CONTRACT BETWEEN
WASHINGTON CONSERVATION DISTRICT
AND MEMBERS OF THE
EAST METRO WATER RESOURCE EDUCATION PROGRAM
HOST: Washington Conservation District
PARTNER: City of Cottage Grove
Annual Contribution Amount: $2225
Contract start date: January 1, 2013
IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers.
APPROVED:
PARTNER
1371
BY:
Title
HOST
BY
Board Chair Date
137
WCD Manager Date
Title
Approval as to form and execution:
Date
2013 -2015 Shared Water Resource Education Program Agreement
[Well i t3I IF\
SCOPE OF SERVICES
EAST METRO WATER RESOURCE EDUCATION PROGRAM
HOST responsibilities:
1. Hire, employ and supervise the Water Resource Educator /s that will successfully serve the education
needs as prescribed herein.
2. Obtain financial reimbursement from each PARTNER as prescribed in this agreement.
3. Work in good faith to achieve the goals identified in this agreement.
4. Maintain a strict accounting of all financial transactions.
5. Develop and disseminate annual summaries of accomplishments and budgetary analysis to partners of
the East Metro Water Resource Education Program.
6. Provide office space, office furniture, computer, transportation, and phone. Equipment purchased by
the HOST will remain the property of the HOST following the tern of this agreement.
PARTNER responsibilities:
1. Provide a single representative to the Steering Committee of the East Metro Water Resource Education
Program. This person shall actively participate in the Steering Committee and assist in employee
selection, Annual Workplan Development, and other tasks as needed.
2. Provide funds for the East Metro Water Resource Education Program described herein.
3. Provide appropriate and timely feedback to the HOST manager regarding the performance of the Water
Resource Educator /s.
4. Share equipment, staff, and educational resources to facilitate Education Program planning and
implementation.
5. As initiated by the HOST, discuss the progress of the Water Resource Educator /s and agree to take any
action that is appropriate to ensure the successful fulfillment of project objectives.
6. Work with the Water Resource Educator /s to ensure that services are being used to address high
priorities at the local level.
Water Resource Educator /s responsibilities:
1. Prepare, coordinate, and revise East Metro Water Resource Education Program Plan annually with the
Steering Committee of the East Metro Water Resource Education Program.
2. Review and advise watershed district PARTNERS annually on educational aspects of their watershed
district plans.
3. Develop annual plan of work with the Steering Committee of the East Metro Water Resource Education
Program. Workplan will reference Washington County MS4 education programs and watershed district
PARTNERS education plans.
4. Implement annual work plan, including planning, implementing, evaluating, and reporting on such
anticipated activities as presentations, workshops, in -field training, demonstration projects, and
published materials.
5. Pursue grants and other funding sources to enhance the East Metro Water Resource Education Program.
6. Coordinate with "Watershed Partners" and other entities conducting water resource education efforts to
minimize overlap and maximize effectiveness.
7. Maintain educational infornation for web -based East Metro Water Resource Education Program.
8. Presents papers as appropriate at professional meetings within Minnesota.
9. Prepare annual education report (which meets MS4 requirements) and conduct shared MS4 annual
meetings for participating East Metro Water Resource Education Program members
2013 -2015 Shared Water Resource Education Program Agreement
Shared Water Resource Education Program - Washington Conservation District Estimate
Staff Support
k___ C2250 hours/year
Materials
Total
$117,555
$6,000
$123,555
MEMBERSHIP STRUCTURE AND CASH CONTRIBUTIONS*
* PARTNER contributions will be reviewed and adjusted on an annual basis, as needed.
PARTNER
Annual
Contribution
SWWD
$22,000
VBWD
$16,750
BCWD
$16,750
CLFLWD
$16,750
CMSCWD
$11,000
RWMWD
$11,000
RCWD
$0
Washington County
$11,000
MSCWMO
$5,500
Cottage Grove
$2,225
Forest Lake
$2,225
Lake Elmo
$2 225
Stillwater
$2,225
Dellwood
$560
Willernie
$560
West Lakeland Twp
$560
Woodbury
$2225
$123,555.00
2013 -2015 Shared Water Resource Education Program Agreement