HomeMy WebLinkAbout#10 - EMWREP–Renew 2016-2018 Agreement
MAYOR & COUNCIL COMMUNICATION
-- page 1 --
DATE: January 19, 2016
CONSENT
ITEM # 10
AGENDA ITEM: East Metro Water Resource Education Program (EMWREP) – Renew
Shared Water Resource Education Program Agreement
SUBMITTED BY: Jack Griffin, City Engineer
THROUGH: Clark Schroeder, Interim City Administrator
REVIEWED BY: Julie Johnson, City Clerk
Cathy Bendel, Finance Director
SUGGESTED ORDER OF BUSINESS (if removed from the Consent Agenda):
- Questions from Council to Staff ............................................. Mayor Facilitates
- Public Input, if Appropriate………………………………….Mayor Facilitates
- Call for Motion ............................................................... Mayor & City Council
- Discussion ....................................................................... Mayor & City Council
- Action on Motion .................................................................... Mayor Facilitates
POLICY RECOMMENDER: Engineering.
FISCAL IMPACT: $2,500.00. Increased from $2,225 for the 2013-2015 Agreement.
The EMWREP contribution is funded through the Surface Water-Storm Water Enterprise Fund (603).
SUMMARY AND ACTION REQUESTED:
The City Council is respectfully requested to consider approving, as part of the consent agenda, the
agreement with Washington County Conservation District to participate in the East Metro Water
Resource Education Program (EMWREP) with an annual contribution amount of $2,500.
LEGISLATIVE HISTORY/BACKGROUND INFORMATION:
Partnership with EMWREP substantially meets Lake Elmo’s education and outreach permit requirements
as a Municipal Separate Storm Sewer System (MS4) City.
Background: The East Metro Water Resource Education Program (EMWREP) is a partnership that was
formed in 2006 to develop and implement a comprehensive water resource education and outreach
program for the east metro area of St. Paul, MN. Current EMWREP partners include Brown’s Creek,
City Council Meeting [Consent Agenda Item 10]
January 19, 2016
-- page 2 --
Carnelian-Marine-St Croix, Comfort-Lake Forest Lake, Rice Creek, Ramsey-Washington Metro, South
Washington, and Valley Branch Watershed Districts, Middle St. Croix Watershed Management
Organization, the cities of Cottage Grove, Dellwood, Forest Lake, Lake Elmo, Stillwater, Willernie, and
Woodbury, West Lakeland Township, Washington County and the Washington Conservation District.
Purpose: The purpose of the shared education program is to provide education about the impacts of non-
point source pollution on local lakes, rivers, streams, wetlands and groundwater resources and to engage
people in projects that will help to protect and improve water quality in the region. In addition to
educating the public, EMWREP also provides training for city, county and watershed staff and local
elected officials.
Partnership Structure: EMWREP is guided by a steering committee comprised of representatives from
each of the 18 partner organizations. The committee generally meets twice a year to provide
recommendations on the program budget and activities. During 2013, EMWREP staff included Angie
Hong, full-time education specialist and coordinator for the program, Jenn Radtke, half-time education
assistant, and Wendy Griffin, a Washington Conservation District natural resource specialist who
provided 170 hours of support for rural education activities. The EMWREP coordinator sends a quarterly
e-newsletter to all partners’ staff, council members and board members, and communicates one-on-one
with individual partners on projects throughout the year. The EMWREP education plan is revised every
two to three years to accommodate changing priorities and new target audiences.
In addition, the EMWREP coordinator prepares an annual report on program activities and provides
outreach data and statistics for partners’ MS4 Permit reports. All EMWREP reports, plans, and education
updates are available on-line at www.mnwcd.org/emwrep.
RECOMMENDATION:
Staff is recommending that the City Council approve the agreement with Washington County
Conservation District to participate in the East Metro Water Resource Education Program (EMWREP)
with an annual contribution amount of $2,500. If removed from the consent agenda, the recommended
motion for the action is as follows:
“Move to approve the Agreement with Washington County Conservation District to participate in the
East Metro Water Resource Education Program with an annual contribution amount of $2,500.”
ATTACHMENT(S):
1. 2016-2018 EMWREP Agreement with Washington County Conservation District.
__________________________________________________________________________________
2016-2018 Shared Water Resource Education Program Agreement
Contract Number: 16-EMWREP
AGREEMENT 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 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, 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. PURPOSE
WHEREAS, the PARTNER and the HOST have 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, 8 watershed organizations in Washington County have education components in their respective
watershed management plans; and
WHEREAS, 25 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 its best interest to define its 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 MINN. 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, 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 Signature Page at the end of this Agreement. A new PARTNER shall apply to the HOST and sign a
separate contract and its 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.
__________________________________________________________________________________
2016-2018 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. Services for a specific PARTNER will be
defined in the Annual Workplan developed as described in Exhibit A. PARTNER-specific services will
constitute 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 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 Exhibit B with contributions outlined 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 contribution 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 overall contributions of funding 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 refunded 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: $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
Watershed Management Organizations: $6,000/year
Large MS4 Cities: $2,500/year (Population > 5,000)
Small MS4 Cities: $650/year (Population < 5,000)
In-kind matches from existing educational staff from within partner organizations are also encouraged. The
WCD shall provide $12,250 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 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 from the PARTNERs.
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.
J. STANDARDS
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
No party to this Agreement 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 1a. 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 agrees to provide proof of contractual liability
insurance upon request. This paragraph does not constitute a waiver or otherwise diminish, any statutory 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 constituting 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 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 term 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 will commence when executed by HOST and all PARTNERS and will continue until
terminated. The Agreement will commence with respect to each additional PARTNER on that PARTNER’S
execution of a signature page acceding to the terms of the Agreement. This Agreement will terminate
immediately upon completion of the activities enumerated herein and the program duration expires. Any party
to this Agreement may withdraw participation on an agreement-year basis with 60 days written notice to HOST
prior to the annual anniversary date of the Agreement, with the actual termination date falling on the anniversary
date. Pro-rated contributions will be returned to the terminated or terminating PARTNER. The HOST will
promptly notify all PARTNERS of any PARTNER’s termination. Termination by any one PARTNER will not
constitute the termination of this Agreement. If HOST determines that PARTNER termination has resulted in
inadequate funds to deliver the work products generally described in Exhibit A, the HOST will terminate the
Agreement effective the anniversary date unless adequate funds can be procured. 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 a 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 the
PARTNER providing the property. The HOST and PARTNERS shall jointly own and each party has the
individual right 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.
__________________________________________________________________________________
2016-2018 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 Lake Elmo
Annual Contribution Amount: $2,500
Contract start date: January 1, 2016
IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized 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 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 term 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 information 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
__________________________________________________________________________________
2016-2018 Shared Water Resource Education Program Agreement
EXHIBIT B
BUDGET
Shared Water Resource Education Program - Washington Conservation District Annual Budget
Staff Support
(2400 hours/year)
Materials Total
$134,500 $6,000 $140,500
MEMBERSHIP STRUCTURE AND FUNDING CONTRIBUTIONS*
* PARTNER contributions will be reviewed and adjusted on an annual basis, as needed and in accordance with
the terms of the Agreement.
PARTNER Annual
Contribution
SWWD $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
Woodbury $2,500
Grant $650
Newport $650
TOTAL $140,500