Loading...
HomeMy WebLinkAbout2015-08-12 PACKET 04.J. R�QU��� O� �I�Y C�UNCIL AC�'ION COUNCIL AGENDA MEETING ITEM #� DATE 8/12/15 r . PREPARED BY: Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR * * * * * * � * * * * * * * * * * * * * * * * * * * * � * * * * * * * * * * * :� * * * * * * * * COUNCIL ACTION REQUEST: Consider approving the Agreement Between Washington Conservation District and Members of the 2016-2018 East Metro Water Resource Education Program. STAFF RECOMMENDATION: Approve the request. BUDGET IMPLICATION: $2,500 $2,500.00 BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION: DATE REVIEWED APPROVED DENIED ❑ PLANNING ❑ ❑ ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES/RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS: � MEMO/LETTER: Memo from Jennifer Levitt dated 8/3/15 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Agreement ADMINISTRATOR'S COMMENTS: � ' , .�/S ,�� � ,����f� ; �- City� dministrator Date , * * * * * * * � * * * * * * * * * * * * * * * * � � * * * * * * * * * * * * * * * * * * * * * COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage / Grove �here Pride and PrOSperity Meer TO: Honorable Mayor and City Council Craig Woolery, Interim City Administrator FROM: Jennifer Levitt, Community Development Director/City Engineer DATE: August 3, 2015 RE: Agreement Between Washington Conservatian District and Members of the 2016-2018 East Metro Water Resource Education Program Background/Discussion The City's contract with the Washington Conservation District — East Metro Water Resource Education Program (EMWREP) ends this year unless it is 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 requires a citizen education 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 educational books and training for teachers from South Washington County School District • Submit articles in South Washington County Bulletin • Submit articles for the City newsletter, Cottage Grove Reports, which is sent monthly with utility bills • Provide website data used to convey information to the public • Support Watershed Partners Clean Water Minnesota Media campaign — PSA's on cable, Channel 45, Minnesota Twins radio, St. Paul Saints TV, and Minnesota Public Radio • Erosion control seminars • Presentation given to the City's Environmental Commission Honorable Mayor, City Council, and Craig Woolery Agreement Between Washington Conservation District and Members of 2016-2018 EMWREP August 3, 2015 Page 2 of 2 Cost: Each PARTNER is suggested to contribute annually in accordance with the following funding structure: Washington County $12,250/year Small Watershed Districts $12,250/year (Taxable Market Value < $1 Billion Medium Watershed Districts $18,500/year (TMV $1-5 Billion) Large Watershed Districts $24,000/year (TMV > $5 Billion) � Watershed Management Organization $6,600/year Large MS4 Cities $2,500/year (Population > 5,000) Small MS4 Cities $650/year (Population < 5,000) Cottage Grove's cost to extend this contract FY 2016-2018 is $2,500 per year. Recommendation It is recommended to approve the agreement between Washington Conservation District and members of the 2016-2018 East Metro Water Resource Education Program Conh•act Number: 16-EMWREP AGREEM�NT BETWEEN WASHINGTON CONSERVATION DISTRICT AND MEMBERS OF THE 2016-2018 EAST METRO WATER RESOURCE EDUCATION PROGRAM A. PARTIES This Agreement is made and entered into by Washington Conseivation District,hereinafter refei�•ed to as HOST, and membeis of the East Metro Water Resource Education Pr•ogram, hereinafter i•efer•red to individually as a PARTNER. A PARTNER is defined as an entity that executes this agreement, and this Agreement provides for the withdrawal or addition of PARTNERS to the East Metro Water Resource Education Program. Eligible PARTNERS include watershed organizations and municipalities partially or wholly within Washington County. B. PiJRPOSE WIIEREAS,the PARTNER and the HOST have a coimnon objective of educating the citizens of the Twin Cities east metro area about water i•esource, stormwater, and groundwater management in order to iinprove water quality; and WHEREAS,the PARTNER has identified a need for education assistance; and WHEREAS, 8 watershed oi•ganizations in Washington County have education components in their respective watershed management plans; and WIIEREAS,25 communities, including multiple wateisheds 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 polhrtion education; and WFIEREAS,the PARTNER agrees it is in its best interest to define its respective responsibilities and obligations; and WIIEREAS,the PARTNER agrees that collaboi�ative efforts are needed to more effectively and efficiently deliver water resource education and meet MS4 permit education requir•ements; and WIIEREAS, 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 agi•eements to provide such assistance pursuant to IVIINN. 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 fi•om Januaiy 1, 2016 to December 31, 2018 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 Signahire Page at the end of this Agreement. A new PARTNER shall apply to the HOST and sign a separate contract and its signatm•e 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. 2016-2018 Shared Water Resource Education Program Agreement Each PARTNER will assign a member to the Steering Committee of the East Metro Water Resoul•ce Education Program. This Committee will assist the Shared Water Resource Educator and HOST to prepare the Annual Workplan,Amival Budget, and Amival Report. A Membeiship Summaiy will be inchided in the Annual Repoi�t prepared by the HOST. E. SCOP�OF SERVICES The HOST will perform for the PARTNER the seivices and fi�rnish and deliver worlc products generally described in Exhibit A, attached and made part of this agreement. Services for a specific PARTNER will be defined in the Annual Worlcplan developed as descr•ibed in E�ibit A. PARTNER-specific services will constihrte approximately 15% of the total Annual Worlcplan. Eighty-five (85) percent of the total Annual Workplan will be committed to shared,multi jurisdictional benefit educational activities. F. COST In fiill consider•ation for services under this agreement,the PART'NER shall provide its portion of the annual costs to the HOST in accordance with the executed Signature Page at the end of this Agreement. The total annual budget for the program is as shown in E�iibit B with cont�•ibutions ol►tlined in Paragraph G. If all PARTNER contributions total less than the Total Budget, educational material expenses not otherwise paid for will not be incurred. PARTNER's annual conn•ibution may be increased from the amount stated in the Signature Page at the end of the Agreement only with approval of PARTNER's governing body. In the case that over•all contributions of funding fi•oin 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 fi�om all of the PARTNERS exceeds the budget in E�ibit B by 20%,the PARTNERS have the option of having their proportional amount of the excess budget refunded or can direct the funds to be used for EMWREP activities. G. FUNDING STRUCTITRE Each PARTNER is suggested to contribute annually in accordance with the following funding structure: County: $12,250/year Small Watershed Districts (Taxable Market Value<$1 Billion): $12,250/year Medium Watershed Districts (TMV $1-5 Billion): $18,500/year Large Watershed Districts(TMV>$5 Billion): $24,000/year Wateished Management Organizations: $6,000/year Laige MS4 Cities: $2,500/year(Population>5,000) Small MS4 Cities: $650/year(Population<5,000) In-lcind matches fi•om existing educational staff fi•oin within partner organizations are also encom�aged. The WCD shall provide $12,250 of in-Icind match to the program per year. As shown in E�ibit 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 seut 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 as established in accordance with the Annual Workplan (the combined 2016-2018 Shared Water Resource Education Program Agreement contributions of each PARTNER) noted in Paragraph F are to be reimbursed at actual cost with prior approval fi•oin the PARTNERs. I. EQUAL EMPLOYMENT OPPORTUNITY-CIVIL RIGHTS During the perforinance of this Agreement,the HOST agrees to the following: No peison shall, on the grounds of race, color, religion, age, sex, disability, inarital status, public assistance, criminal record, creed or national origin, be excluded fi�om full employment rights in, be denied the benefits of, or be otherwise subjected to discrimination under•any program, service, oY•activity under the provisions of and all applicable federal and state laws against discrimination inchiding the Civil Rights Act of 1964. J. STANDARDS The HOST shall coinply with all applicable Federal and State statutes and regulations as well as local ordinances now in effect or hereafter adopted. Faihire 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, mairrtained, 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 iinplement the Act, as well as state stahrtes 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: l. 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 necessaY•y, shall have access to the r•ights to examine audit, excetpt, 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 No party to this Agreeinent agrees to be responsible for the acts or omissions of another, its agents, officials, contractors or employees within the meaning of Minnesota Statutes section 471.59, subdivision la. Each PARTNER and HOST will hold harmless, defend and indemnify all other parties to this Agreement, their officers, board members, employees and agents for any and all damage, liability, cost or• claim (including reasonable attorneys' fees)to the extent it is the result of its negligent act or of another action or inaction that is the basis for its liability in law or equity. The PARTNER agc•ees to provide proof of contractual liability insurance upon request. This paragraph does not constitute a waiver or otherwise diminish, any statutoiy or common law defense, immunity or limit on liability any PARTNER or HOST may enjoy as against any third party. N. INDEPENDENT CONTRACTOR 2016-2018 Shared Water Resource Education Program Agreement 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 constit�iting the HOST as the agent, representative, or employee of PARTNER organization for any purpose or in any manner whatsoever. The HOST is to be and shall remain an independent contractor with respect to all seivices 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 worlc 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. MODII'ICATIONS Any material altei•ation or variation shall be r•educed to writing as an amendinent and signed by the parties. Any alteration, inodification, or variation deemed not to be material by written agreement of the HOST and the PARTNER shall not require written approval. Cont�•act extensions will be handled as a inaterial alteration. P. MERGER It is understood and agreed that the entire agreement of the pai�ties is contained here, except as modified during the term of the Agreement by a writing under ParagY•aph O above concerning a non-material change, and that this contract supersedes oral agreements and negotiations between the parties relating to this subject mattet•. All items r•eferred to in this contract are incorporated or attached and deemed to be part of the contract. Q. TERMINATION This Agreement will commence when executed by HOST and all PARTNERS and will continue until terminated. The Agreement will commence with respect to each additional PART`NER on that PAR'I'NER'S execution of a signature page acceding to the terms of the Agreement. This Agreement will teiminate immediately upon completion of the activities enumerated herein and the program duration expires. Any party to this Agreeinent may withdraw pai�ticipation on an agreement-year basis with 60 days written notice to HOST prior to the anniial anniversary date of the Agreement,with the actLial terinination date falling on the annivei�saiy date. Pro-rated conh•ibutions will be returned to the teiininated or tei�rninating PARTNER. The HOST will proinptly notify all PARTNERS of any PARTNER's termination. Termination by any one PAR`I NER will not constitute the termination of this Agreement. If HOST determines that PARTNER termination has resulted in inadequate fiuids to deliver the work pr•oducts generally described in E�ibit A, the HOST will terminate the Agreement effective the anniversaiy date unless adequate funds can be procured. Termination by the HOST will constitute termination of this Agreement iii whole and pro-rated contribntions will be returned to each PARTNER. R. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All property of the HOST or a PARTNER used, acquired or created in the performance of worlc under this Agreement, including documents and records of any kind, shall remain the property of the HOST and the PARTNER providing the property. The HOST and PARTNERS shall jointly own and each party has the individual r•ight to use, sell, license,publish, or otherwise disseminate any product developed in whole or in part during the pei�formance of worlc under this Agreement. Dtu•able goods purchased by the HOST, such as office equipment and computers,shall remain the property of the HOST. 2016-2018 Shared Water Resource Education Program Agreement CONTRACT BETWEEN WASHINGTON CONSERVATION DISTRICT AND MEMBERS OF TI�E �AST METRO WATER RESOURCE�DUCATION PROGRAM HOST: Washington Conservation District PARTNER: City of Cottage Grove Annllal Contribution AmoLint: $2,500 Contract start date: January 1,2016 IN TESTIMONY WIIEREOF the parties have duly execirted this agreement by their duly autliorized officers. APPROVED: PARTNER HOST BY: BY: Board Chair Date Title BY: BY: WCD Manager Date Title Approval as to form and execution: Date 2016-2018 Shared Water Resource Education Program Agreement EXHIBIT A SCOPE OF SERVICES EAST METRO WATER RESOURCE EDUCATION PROGRAM HOST responsibilities: 1. Hire, employ and supervise the Water ResoLuce Educator/s that will successfillly serve the edncation needs as presci•ibed herein. 2. Obtain financial reimbtu•sement fi�om each PARTNER as prescribed in this agreement. 3. Wor�k in good faith to achieve the goals identified in this agreement. 4. Maintain a strict accounting of all financial h•ansactions. 5. Develop and disseininate annual summaries of accomplishments and budgetaiy analysis to partners of the East Metro Water Resource Education Program. 6. Provide office space, office fiirnihii•e, computer,transportation, and phone. Equipment purchased by the HOST will relnain the property of the HOST following the term of this agreement. PARTNER responsibilities: 1. Provide a single representative to the Steering Committee of the East Meh•o Water Resom•ce Education Program, This person shall actively participate in the Steering Committee and assist in e�nployee selection,Amival Worlcplan Development, and other tasks as needed. 2. Provide funds for the East Meh•o Water Resource Education Program described herein. 3. Provide appropriate and timely feedback to the HOST manager regarding the per•formance of the Water Resout•ce 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 fiil�lhnent of project objectives. 6. Work with the Water Resource Educator/s to ensuY•e that seivices are being used to address high priorities at the local level. Water Resource Educator/s responsibilities: 1. Prepare,coordinate, and revise East Metro Water Resotuce Education Program Plan annually with the Steering Committee of the East Metro Water Resource Education Prog�•am. 2. Review and advise watershed district PARTNERS annually on educational aspects of their watershed district plans. 3. Develop annual plan of worlc with the Steering Committee of the East Metro Water Resource Education Pi•ogram.Worlcplan will reference Washington County MS4 education programs and watershed district PARTNERS education plans. 4. I�nplement annual worlc plan, including planning, implementing, evaluating, and repoi�ting on such anticipated activities as presentations, worlcshops, in-field training, demonst�•ation projects, and published materials. 5. Puisue grants and other funding sources to enhance the East Meh•o 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 information for web-based East Metro Water Resource Education Program. 8. Presents papers as appi•opriate at professional meetings within Minnesota. 9. Prepare annual education r�eport(which meets MS4 requirements)and conduct shared MS4 anmial meetings for participating East Metro Water Resom�ce Education Program members 2016-2018 Shared Water Resource Education Program Agreement EXHIBIT B BUDGET Shared Water Resource Education Program-Washington Conseivation District Annual Budget Staff Support Materials Total 2400 hours/ ear) $134,500 $6,000 $140,500 MEMBERSHIP STRUCTURE AND FUNDING CONTRIBUTIONSX "PARTNER contributiaris will be reviewed and adjusted on an annual basis, as needed and in accordance with the tei7ns of the Agreement. Annual PARTNER Contribution SW� $24,000 VBWD $18,500 BCWD $18,500 CLFLWD $18,500 CMSCWD $12,250 RWMWD $12,250 RCWD $2,500 Washington County $12,250 MSCWMO $6,000 Cottage Grove $2,500 Forest Lake $2,500 Lake Elmo $2,500 Stillwater $2,500 Dellwood $650 Willernie $650 West Lakeland Twp $650 Woodbuiy $2,500 Grant $650 Newpoi�t $650 TOTAL $140,500 2016-2018 Shared Water Resource Education Program Agreement