Water Quality Monitoring 23E Agreement_Dubuque Soil and Water Conservation DistrictMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Water Quality Monitoring 28E Agreement
DATE: June 29, 2010
Dubuque
1111- AmeticaCity
1
2007
The City's Municipal Separate Stormwater System Permit requires a watershed
management plan and illicit discharge detection program. Both activities include
collecting and analyzing water quality samples from streams within the Catfish Creek
watershed.
Since the activities of the City of Dubuque and the Dubuque Soil and Water
Conservation District overlap, a partnership was examined. Also, since the Catfish
Creek extends outside the City limits, the health of the watershed is impacted by what
occurs both inside and outside the City.
City Engineer Gus Psihoyos recommends City Council approval of a 28E Agreement
with the Dubuque Soil and Water Conservation District for the purpose of collecting
water quality data throughout the Catfish Creek Watershed Basin. During the six -month
sampling period, the total cost to the City shall not exceed $5,000.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
Mi hael C. Van Milligen
DISCUSSION
Masterpiece on the Mississippi
TO: Michael C. Van Milligan, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Water Quality Monitoring 28E Agreement
DATE: June 28, 2010
INTRODUCTION
BACKGROUND
Dubuque
kriettil
AI- America City
1111
2007
The purpose of this memo is to seek authorization to enter into a 28E agreement for the
purpose of studying water quality in the entire Catfish Creek Watershed Basin.
The City's Municipal Separate Stormwater System Permit (MS4 Permit) requires a
watershed management plan and illicit discharge detection program. Both activities
include collecting and analyzing water quality samples from streams within the Catfish
Creek watershed.
Since the activities of the City of Dubuque and the Dubuque Soil and Water
Conservation District (DSWCD) overlap, a partnership was examined. Also, since the
Catfish Creek extends outside of the City limits, the health of the watershed is impacted
by what occurs both inside and outside of the City.
The partnership involves taking samples both within and outside of the City limits to
better understand the nature of the watershed and help identify what actions both City
and County residents could take to maintain or even improve the health of the
watershed. One benefit of a partnership lies in the safety of having more than one
person at a sampling site. Many times, especially after a heavy rainfall event, the
streams can become a safety hazard when working alone.
The attached 28E agreement would allow the DSWCD to partner with the City. The
agreement would establish that the DSWCD would help collect samples in the City, and
the City would in turn help collect samples within the County. Also per the agreement,
the City would pay $5,000 toward testing the eight (8) locations within City limits. Each
site would be tested 12 times on a biweekly schedule for e-coli, nitrates, nitrites, and
total phosphorus. As a result of the partnership, the City would receive water quality
data for 16 locations (City and County sites) throughout the watershed. Because the
City must perform water sampling to fulfill its MS4 permit requirements, no additional
money is required as a result of the 28E agreement.
The 28E agreement shall be terminated upon the completion and final acceptance of
last payment by the City to DSWCD.
RECOMMENDATION
I recommend that the City enter into the 28E agreement with the Dubuque Soil and
Water Conservation District for the purpose of conducting water quality sampling and
tests within the streams of the Catfish Creek Watershed Basin.
BUDGET IMPACT
The activity would be funded through the FY2011 CIP appropriation in the amount of
$5,000 from the Post - Construction NPDES CIP 7202065.
ACTION TO BE TAKEN
I respectfully request that the City Council adopt the attached resolution authorizing the
Mayor to execute the attached 28E agreement with the Dubuque Soil and Water
Conservation District for the purpose of collecting water quality data throughout the
Catfish Creek Watershed Basin.
Prepared by Engineering Technician Dean Mattoon
cc: Deron Muehring, Civil Engineer II
Dean Mattoon, Engineering Technician
RESOLUTION NO. 251-10
AUTHORIZING THE EXECUTION OF A 28E AGREEMENT WITH THE DUBUQUE
SOIL AND WATER CONSERVATION DISTRICT REGARDING THE WATER
SAMPLING OF STREAMS WITHIN THE CATFISH CREEK WATERSHED BASIN
Whereas, the City of Dubuque's MS4 permit requires a watershed management
and illicit discharge detection and elimination program; and
Whereas, both activities include collecting and analyzing water quality samples; and
Whereas, the Catfish Creek Watershed Basin extends beyond the City limits and
the health of the watershed is impacted by what occurs both inside and outside the City
limits; and
Whereas, a partnership with the Dubuque Soil and Water Conservation District
allows both parties access to water quality data for a better understanding of the health
of the streams within the Catfish Creek Watershed Basin.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
The Mayor is hereby authorized to sign the 28E Agreement provided by the
Dubuque Soil and Water Conservation District in the form attached hereto.
Atte
Passed, approved and adopted this 6th day of July , 010.
eanne F. Schneider, CMC, City Clerk
Roy D. Buol, Mayor
Prepared by: Colleen Sieflcen, State Secretary, Dubuque Soil & Water Conservation District
Phone: 563-876-3418, #3 Fax: 563-876-3653
Return to: Dubuque Soil & Water Conservation District, 210 Bierman Rd, Epworth, IA 52045
28E Agreement
BETWEEN CITY OF DUBUQUE AND THE DUBUQUE SOIL AND WATER
CONSERVATION DISTRICT FOR THE FUNDING OF WATER SAMPLING EXPENSE
FOR THE CATFISH CREEK WATERSHED
THIS AGREEMENT is entered into , 2010, pursuant
to Iowa Code Chapter 28E. The parties to this agreement are the CITY OF DUBUQUE
(the CITY) AND DUBUQUE SOIL AND WATER CONSERVATION DISTRICT (the
DISTRICT).
ARTICLE I
PURPOSE
This agreement is executed for the purpose of allowing Dubuque Soil and Water
Conservation District and the City of Dubuque to monitor water quality in the Catfish
Creek basin. Water Quality parameters to be monitored are: e-coli, nitrates, nitrites,
and total phosphorus. Lab analysis will be done at the University of Iowa Hygienic Lab.
The purpose of the water quality monitoring will be included in the approved Quality
Assurance Protection Plan (QAAP), which will be used by the Iowa Department of
Natural Resources and the Environmental Protection Agency (EPA). This will allow
both the City of Dubuque and the Dubuque Soil and Water Conservation Department to
have a better idea of what water quality is in the entire Catfish Creek basin.
ARTICLE III
DURATION
This agreement shall be in effect for a period of one year unless renewed or terminated
pursuant to the provisions of Article XII.
The City of Dubuque will:
The DISTRICT will:
ARTICLE II
ADMINISTRATOR
The Dubuque Soil and Water Conservation District shall be responsible for
administering this agreement and shall consult with the City of Dubuque, for that
purpose.
ARTICLE IV
POWERS AND DUTIES
The parties to this agreement shall retain all powers and duties conferred by their
respective enabling acts but shall assist each other in the exercise of these powers and
the performance of these duties.
ARTICLE V
CITY RESPONSIBILITIES
A. Reimburse to the DISTRICT half the cost of the Iowa Hygienic Lab monthly
invoices and any shipping costs associated with the sampling.
B. Participate in the water quality monitoring in the City of Dubuque.
C. Participate in the review and acceptance of the final policy document.
D. During the 6 month sampling period; the total cost to the City shall not exceed
$5,000.00
ARTICLE VI
DISTRICT RESPONSIBILIES
A. Directly pay monthly invoices to the Iowa Hygienic Lab for monthly water quality
lab analysis.
B. Participate in the water quality monitoring in Dubuque County.
ARTICLE VII
COMMUNICATIONS
A. The CITY shall designate an individual (Dean Mattoon) as the primary contact for
the CITY.
B. The DISTRICT shall designate an individual (Eric Schmechel) as the primary
contact for the DISTRICT.
ARTICLE VIII
PARTNERSHIP OR JOINT VENTURE
The parties to this agreement acknowledge this is an independent venture of the
DISTRICT, and that the CITY is not a partner or joint venture with the DISTRICT. The
CITY and the DISTRICT have no duties or responsibilities to each other, financial or
otherwise, except as described herein.
ARTICLE IX
ENTIRE AGREEMENT
A. This agreement contains the entire agreement and integrates all of the terms and
conditions mentioned in and incidental to such agreement and supersedes all
prior negotiations and communications concerning this agreement, oral or
written, between the parties, their agents, employees and representatives. No
modifications or waiver of any provision in this agreement shall be valid unless in
writing and signed by all of the parties. If, for any reason, any provisions of this
agreement shall be inoperative, the validity and affect of the other provisions
shall not be affected thereby.
B. If any provisions of this agreement is found to be invalid by any court,
administrative agency, or tribunal of competent jurisdiction, the invalidity of any
such provision shall not affect the validity of the remaining provisions hereof.
C. This agreement shall be binding upon and inure to the benefit of the parties and
their respective successors and assigns. The parties agree that neither the CITY
nor the DISTRICT shall have the right to assign their rights and obligations
hereunder to any party without prior written consent of the other party. Such
consent shall not be unreasonably withheld.
ARTICLE X
WARRANTIES AND SPECIAL COVENANT
The DISTRICT, it successors in interest and assigns, as part of the consideration
hereof, does hereby covenant and agree that; (1) no person on the ground of race,
color, sex, or national origin shall be excluded from participation in, denied the benefits
of, or be otherwise subject to discrimination in the use of said facilities, (2) that no
person in the ground of race, color, sex, handicap, religion, politics, or national origin
shall be excluded from participation in, denied benefits of, or otherwise be subjected to
discrimination in the construction of any improvements on, over, or under such land and
the furnishing of services thereon, (3) that the DISTRICT shall use the premises in
compliance with all other requirements imposed by or pursuant to Title 49, Code of
Federal Regulation, Department of Transportation, Subtitle A, Office of Secretary, Part
21, Nondiscrimination in Federal Assisted Programs of the Department of
Transportation — Effectuation of Title VI of the Civil Rights Act of 1964, and as said
regulations may be amended and Title 23 U.S. Code Section 324, Prohibition of
Discrimination on the basis of sex.
ARTICLE XI
GOVERNING LAW
This agreement shall be governed by and interpreted under the laws of the State of
Iowa.
ARTICLE XII
AMENDMENTS
This agreement may be amended at any time by the parties. All amendments must be
in writing, signed by both parties and filed in an electronic format with the Iowa
Secretary of State within thirty (30) days of the effective date of the amendment in a
manner specified by the Iowa Secretary of State, in accordance with the requirements
of Iowa Code section 28E.8.
ARTICLE XIII
TERMINATION
"This agreement shall terminate upon the completion and final acceptance of the water
quality monitoring results to herein and the transfer of money by the CITY to the
DISTRICT as set out in Article VI."
APPROV DBY: CITY OF DUBUQUE
Roy D. , Mayor
This instrument was acknowledged before me o
Aire
• JEANNE F, SC ** EIDER
COMMISSION NO. 709027
• MY COMMISSION EXPIRES
S/26/13
Melvin Wilgenbusch, Chairman
ARTICLE XIV
FILING AND RECORDING
Before entry into force, it is agreed that the DISTRICT shall file this agreement, in an
electronic format, with the Iowa Secretary of State in a manner specified by the Iowa
Secretary of State, in accordance with the requirements of Iowa Code section 28E.8.
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT AS
OF THE DATE FIRST ABOVE WRITTEN AND SIGNED ON THE DATES NOTED
BELOW.
Date:
/ow
, 2010, by Roy D. Buol as Mayor of the City of Dubuque.
otary Public
APPROVED BY: DUBUQUE SOIL AND WATER CONSERVATION DISTRICT
Date: , 2010
This instrument was acknowledged before me on , 2010, by Melvin Wilgenbusch as Chairperson of the
Dubuque Soil and Water Conservation District.
Notary Public
, 2010