HomeMy WebLinkAboutVIII-17 Approve Met Council Intergovernmental Agreement - Citizen Assisted Lake Monitoring Program
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: May 20, 2024
Item: Citizen-Assisted Lake Monitoring Program Agreement – CAMP
Council Action Requested: Approve CAMP Agreement for 2024
Background Information: The City has participated in this lake water
quality monitoring program for a number of years now to continually gather
water quality data for Lake Rebecca. This is an ongoing, annual process that
will help to inform current and future mitigation efforts to help improve the
water quality at Lake Rebecca.
Hastings Environmental Protectors (HEP) volunteers lead the effort each
year and dedicate many hours collecting and cataloging the water samples
taken for evaluation. HEP volunteers are the only reason we can participate
in this important data collection effort.
Financial Impact: The program costs $760.00 for the 2024 season, with a
few extra dollars being needed to re-stock the testing kit. This cost has been
within the Parks budget for a number of years, and is accounted for in 2024.
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments:
▪ Agreement
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Metropolitan Council (Regional Office & Environmental Services)
390 Robert Street North, Saint Paul, MN 55101-1805
P 651.602.1000 | F 651.602.1550 | TTY 651.291.0904
metrocouncil.org
An Equal Opportunity Employer
April 1, 2024
Chris Jenkins
City of Hastings
920 West 10th Street
Hastings, MN 55033
CJenkins@hastingsmn.gov
Re: CAMP Agreement – City of Hastings
Metropolitan Council Contract Number 24R005I
Contract Transmittal
Dear Chris,
Attached to the transmitting e-mail, please find a PDF copy of Contract 24R005I for Citizen
Assisted Lake Monitoring Program (CAMP) for the City of Hastings. Please obtain the
necessary signatures and return the agreement via email to Christine.hedman@metc.state.mn.
Upon receipt of the Adobe Signed contract, Metropolitan Council will execute the contract and
return a copy to you along with the Notice to Proceed letter.
If you have any questions or concerns, please contact Brian Johnson, Principal Environmental
Scientist, Water Resources, at Brian.Johnson@metc.state.mn.us and 651-602-8743.
Sincerely,
Christy Hedman
Program Technical Specialist, Procurement
cc: Brian Johnson, Project Manager
Christine Hedman (Apr 1, 2024 15:36 CDT)
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Metropolitan Council Contract No. 24R005I
INTERGOVERNMENTAL AGREEMENT BETWEEN THE
METROPOLITAN COUNCIL AND THE
CITY OF HASTINGS
THIS AGREEMENT is made and entered into by and between the Metropolitan Council (the
"Council") and the City of Hastings (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 monitoring 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-scientist volunteers to monitor lakes in the Twin Cities
Metropolitan Area. The volunteers will collect surface water samples which will
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 monitoring form that describes the
lake and weather conditions at the time of the monitoring event. Lakes will be
visited from April through October of 2024 (the “Monitoring Period”) for the
number of times and at the approximate intervals specified in paragraph (b) below.
Each lake will be sampled at the location as indicated on the site location map
provided by the Council. 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 2024.
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Metropolitan Council Contract No. 24R005I
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Lake name DNR ID# Number of
monitoring
events
Approximate
monitoring
interval
Quantity of
new kits
Rebecca 19-0003 8 to 14 Biweekly 0
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 2.01(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 and follow
CAMP methods and procedures.
e. Ensuring that the volunteers fill out a monitoring form during each
monitoring event.
f. Picking up the samples and the lake monitoring forms from their volunteers
and delivering those items to the City’s central storage location. The City
will be responsible for providing the central storage location. The central
storage location can be a Council facility, but the City will be required to
deliver the samples and monitoring forms to this facility. The samples are
required always to be frozen.
g. Storing its volunteers’ samples until picked up by Council staff. The
samples are required always to be frozen.
h. Maintaining, storing, and restocking its monitoring kits.
i. Delivering and picking up its monitoring kits to and from their volunteers.
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Metropolitan Council Contract No. 24R005I
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2.03 Council Responsibilities. The Council agrees that it will:
a. Organize the survey.
b. Provide training for the volunteers.
c. Pick up the samples and lake monitoring forms from the City’s central
storage location and deliver them to the laboratory at approximately 2-
month intervals starting in June.
d. Review the results of the monitoring data.
e. Prepare a final report containing the physical, chemical, and biological data
obtained during the Monitoring Period and a brief analysis of the data.
f. Provide quality control by collecting lake samples from random lakes
involved in the volunteer program. The resulting parameter values will
then be compared to the volunteers’ results to determine if any problems
exist involving the volunteer's monitoring activities and what should be
done to correct the problem.
g. Provide and deliver to the City the expendable monitoring items (e.g.
sample containers, labels, filters, aluminum sheets, zip-style plastic bags,
and lake monitoring forms). The expendable monitoring items will be
delivered in the weeks preceding the start of the monitoring season. The
cost of the expendable monitoring items is included in the annual
participation fee.
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). The participation fee will be
billed based on the quantity of monitoring events actually monitored or sampled.
Number of Monitoring
events
Participation Fee (excludes monitoring equipment)
8 to 14 $760
1 to 7 $380
0 $0
For lake sites requiring monitoring equipment, the cost for a kit of monitoring equipment
is $225 per kit.
3.02 Payment Schedule. Payment of the total amount owing to the Council by the City
shall be made within 30 days of the date of the invoice. An invoice specifying the amount owed
by the City will be sent under separate cover after the end of the monitoring period.
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Metropolitan Council Contract No. 24R005I
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3.03 Additional Analyses. The total amount specified in paragraph 3.01 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. The costs for
additional analyses are provided in Exhibit A.
3.04 Replacement of Durable Equipment. The total amount specified in paragraph
3.01 does not include the cost of replacing durable monitoring equipment, such as thermometers,
Secchi disks, filter holders, hand pumps, graduated cylinders, sampling jugs, forceps, and tote
boxes. The Council will provide and deliver durable monitoring equipment that needs
replacement upon request from the City. The Council will bill the City for any such replaced
durable monitoring equipment 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,
2024, and will terminate on March 31, 2025, 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. Chris Jenkins, 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.
Chris Jenkins
City of Hastings
920 West 10th Street
Hastings, MN 55033
651-480-6176
4.04 Council's Contract Manager. The Council's Contract Manager for purposes of
administration of this agreement is Brian Johnson, or successor, or such other person as may be
designated in writing by the Council. The Council’s 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.
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Metropolitan Council Contract No. 24R005I
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Brian Johnson, or successor
Metropolitan Council
2400 Childs Road
St. Paul, MN 55106
651-602-8743
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,
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 30-calendar 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 monitoring events occurring for
each lake before termination versus the total monitoring events specified for each lake. The
balance of the amounts will be refunded by the Council to the City.
4.09 Force Majeure. The Council and the City agree that the City shall not be liable for
any delay or inability to perform this agreement, directly or indirectly caused by, or resulting
from, strikes, labor troubles, accidents, fire, flood, breakdowns, war, riot, civil commotion, lack of
material, delays of transportation, acts of God or other cause beyond reasonable control of
Council and the City.
4.10 Audits. Pursuant to Minn. Stat. Section 16C.05, Subd. 5, the parties agree that the
books, records, documents, and accounting procedures and practices relevant to this agreement
are subject to examination by either party and the state auditor or legislative auditor, as
appropriate, for at least six years from the end of this agreement.
4.11 Relationship of Parties and their Employees. Nothing contained in this agreement
is intended, or should be construed, to create the relationship of co-partners or a joint venture
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Metropolitan Council Contract No. 24R005I
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between the Council and the City. No tenure or any employment rights including worker's
compensation, unemployment insurance, medical care, sick leave, vacation leave, severance pay,
retirement, or other benefits available to the employees of one of the parties, including
indemnification for third party personal injury/property damage claims, shall accrue to employees
of the other party solely by the fact that an employee performs services under this agreement.
4.12 Severability. If any part of this agreement is rendered void, invalid or
unenforceable such rendering shall not affect the remainder of this agreement unless it shall
substantially impair the value of the entire agreement with respect to either party. The parties
agree to substitute for the invalid provision a valid provision that most closely approximates the
intent of the invalid provision.
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.
CITY OF HASTINGS METROPOLITAN COUNCIL
By: _________________________________
Name: ______________________________
Its: _________________________________
Date: _______________________________
By: ________________________________
Name: ______________________________
Its: Water Resources Assistant Manager
Date: _______________________________
By: _________________________________
Name: ______________________________
Its: _________________________________
Date: _______________________________
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Metropolitan Council Contract No. 24R005I
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EXHIBIT A
Metropolitan Council Environmental Services Laboratory Prices
for Additional Analyses
Parameter Laboratory Code Price
(per sample)
Phosphorus, low level LLTP-AV $15.50
Total Kjeldahl Nitrogen TKN-AV $15.50
Chlorophyll CLA-TR-CS
CLA-CAMP
$15.50
Chloride CL-AV2 $10.00
Ortho-phosphorus ORTHO-AV $12.00
Hardness
Ca, Mg, + Hardness via calculation
HARD-AV
HARD-OESV
$12.00
$16.00
Alkalinity ALK-AV2 $15.50
Sulfate SO4-ICV $15.00
Metals (Cd, Cr, Cu, Pb, Ni, Zn) MET-MSV2 $48
Minerals Suite (Ca, K, Mg, Na) +
Hardness via calc
MIN-MSV2 $32
Individual minerals (e.g. Fe)
Individual metals
XX-MSV2
XX-MSV2
$8.00 (per element)
A parameter not on this list Contact the Council’s
Contract Manager for
specific pricing.
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