HomeMy WebLinkAbout#20 Raingarden Maint. Agreement 3.21.17 STAFF REPORT
DATE: 3/21/17
CONSENT
ITEM #: 20
MOTION
TO: City Council
FROM: Rob Weldon, Public Works Director
AGENDA ITEM: Rain Garden Maintenance Agreement
REVIEWED BY: Kristina Handt, City Administrator
ISSUE BEFORE COUNCIL: Should the City Council approve a maintenance agreement with
Washington Conservation District for city owned rainwater gardens?
PROPOSAL DETAILS/ANALYSIS: Under this agreement, Washington Conservation District will
provide maintenance to the 5 city owned rainwater gardens a minimum of 2 times during the 2017 growing
season. This maintenance will include; inlet cleaning, plant identification, weed removal and litter removal.
Also, by utilizing this service the city will be meeting maintenance requirements of the Best Management
Practices, (BMPs) as outlined in the Municipal Separate Storm Sewer System, (MS4) Permit.
Any additional work needed in the rain gardens such as; additional wood mulch or plantings will still be
the responsibility of the city
FISCAL IMPACT: Not to exceed $1,250.00, funded through Surface Water Contract Services.
OPTIONS: - Approve Raingarden Maintenance Agreement
- Deny Raingarden Maintenance Agreement
- Table Raingarden Maintenance Agreement
RECOMMENDATION:
Motion to approve Raingarden Maintenance Agreement with Washington Conservation District for
an amount not to exceed $1,2500.00
ATTACHMENTS: Raingarden Maintenance Agreement
2017 WCD Technical Services Agreement
Agreement Between the
Washington Conservation District
and the City of Lake Elmo
PARTIES: This letter of agreement will set forth the work to be provided by the Washington Conservation
District (WCD) to the City of Lake Elmo (City) to perform maintenance of Best Management Practices
(BMPs).
TERM OF CONTRACT: The effective date of the agreement is from April 1, 2017 to December 31, 2017.
SCOPE OF SERVICES: Work to be performed by the WCD includes the following tasks:
a. Perform a minimum of two maintenance visits for five raingardens. Maintenance activities
include inlet cleanout, weed removal, and litter removal.
b. No material costs are anticipated.
COST AND PAYMENTS: Costs for services for these activities shall not exceed $1,250.00 Services will be
provided by the WCD Seasonal Maintenance Worker(s) @ $38/hr. Invoices will be sent on a quarterly basis
and will list specifically the work performed. Invoices are payable by the City of Lake Elmo within 60 days.
Office supplies, normal office reproduction expenses, and transportation are included in the hourly rate.
Other expenses are to be reimbursed at actual cost.
RELATIONSHIP: This agreement in no way shall constitute, nor be construed in such a way to create an
employment relationship between the City and the WCD. WCD staff shall not be entitled to any rights,
privileges, or benefits of employees of the City.
INDEMNIFICATION & INSURANCE: The City agrees it will defend, indemnify and hold harmless the WCD, its
board members and employees against any and all liability, loss, costs, damages and expenses, including
attorney’s fees, which the City its council members or employees may hereafter sustain, incur, or be
required to pay arising out of the WCD performance or failure to adequately perform its obligations
pursuant to this agreement. Likewise, the WCD agrees that it will defend, indemnify and hold harmless the
City, its council members and employees against any and all liability, loss, costs, damages and expenses,
including attorneys’ fees, which the WCD its board members or employees may hereafter sustain, incur, or
be required to pay arising out of the actions of the City. The parties acknowledge and agree that any
exposure to liability of the City or the WCD, or the acts or omissions of their respective officers, agents
board members and employees will not exceed the limits provided for in is governed by Minn. Stat. section
466.
EQUAL EMPLOYMENT OPPORTUNITY- CIVIL RIGHTS: During the performance of this Agreement, the WCD
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.
RECORDS: Under Minn Stat. section 16C.05, the WCD’s books, records, documents and accounting
procedures and practices relevant to this grant are subject to examination by the State and/or the State
Auditor or Legislative Auditor, as appropriate for a minimum of six years from the end of this agreement.
2017 WCD Technical Services Agreement
DATA PRIVACY: All data collected, created, received, maintained, or disseminated, or used for any purpose
in the course of the WCD’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 WCD
agrees to abide by these statutes, rules and regulations and as they may be amended.
TERMINATION: Either the WCD or City may terminate this Agreement with or without cause by giving the
other party thirty (30) days written notice prior to the effective date of such termination.
In Witness Whereof, the WCD and City have duly executed this Agreement as of the date and year
referenced herein.
Jay Riggs
Director of Public Works, Lake Elmo District Manager, Washington Conservation District
Date Date