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BMLComm Packet - 1/27/2015 CITY OF MUSKEGO BIG MUSKEGO LAKE BOARD OF COMMISSIONERS AGENDA BIG MUSKEGO LAKE/BASS BAY PROTECTION AND REHABILITATION DISTRICT QUARTERLY MEETING January 27, 2015 6:45 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE APPROVAL OF MINUTES OF MEETING - October 28, 2014 VOUCHER APPROVAL OLD BUSINESS 1. Deputy Commissioners' Update - Current Condition of Lake/Bay, Water Levels, Plant Growth, Fish and Wildlife 2. Status of Big Muskego Lake Wildlife Area - Land Acquisition by DNR NEW BUSINESS 1. Authorization for Chairman (Mayor Chiaverotti) to Sign 2015 Agreement with Marine Biochemists to Chemically Control Nuisance Aquatic Plants 2. Authorization for Chairman (Mayor Chiaverotti) to Sign Application for DNR Permit ($895) to Control Nuisance Aquatic Plants in 2015 COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, MUSKEGO CITY HALL, (262) 679-4100. Unapproved CITY OF MUSKEGO BIG MUSKEGO LAKE BOARD OF COMMISSIONERS MINUTES October 28, 2014 6:45 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Chiaverotti called the meeting to order at 6:45 p.m. ROLL CALL Present: Commissioners Hammel, Borgman, Di Pronio, Engelhardt, Kubacki and Madden. Commissioner Wolfe was absent. Also present: Deputy Commissioner Burmeister and Finance and Administration Director Mueller. STATEMENT OF PUBLIC NOTICE Ms. Mueller stated the meeting was properly noticed. APPROVAL OF MINUTES OF MEETING - June 24, 2014 Commissioner Borgman made a motion to approve the June 24, 2014 minutes. Commissioner Kubacki seconded. Motion Passed 6 in favor. VOUCHER APPROVAL – There were no vouchers. OLD BUSINESS Deputy Commissioners' Update - Current Condition of Lake/Bay, Water Levels, Plant Growth, Fish and Wildlife Deputy Commissioner Burmeister noted that summer activities have been winding down. Duck hunting is in full swing. Water levels have been consistent. With the cooler weather and shorter days, the problematic plant growth has disappeared. Good fishing and hunting are being experienced. Status of Big Muskego Lake Wildlife Area - Land Acquisition by DNR There was nothing new to report. NEW BUSINESS Election of Secretary and Treasurer Commissioner Borgman made a motion to elect Jill Blenski to serve as Secretary for the Lake District and Sharon Mueller to serve as Treasurer. Commissioner Engelhardt seconded. Motion Passed 6 in favor. COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT Commissioner Hammel made a motion to adjourn at 6:48 p.m. Commissioner Kubacki seconded. Motion Passed 6 in favor. Minutes transcribed by Jill Blenski, Deputy Clerk. WATER MANAGEMENT AGREEMENT 2015-22395 THIS AGREEMENT is made between Arch Chemicals, lnc., dba Marine Biochemists, with an office at W175 N11163 Stonewood Dr., Suite 234, Germantown, Wisconsin (hereinafter "MB") and Big Muskeoo Lake/Bass Bay P & R District c/o Mr. Tom Zaoar W182 58200 Racine Ave. , Muskeqo, WI S31S0- tU (.262\ 679-5617 (D (hereinafter "Customer"). For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: Approximately 29 acres of water within Big Muskego/Bass Bay to be treated with Navigate Herbicide and/or DMA4- IVM Herbicides for the control of Eurasian Watermilfoil*. Fees will be based upon the following cost schedule: Navigate Herbicide: lnitialAce $1080.00, each subsequent acre: $531.00. DMA4-|VM Herbicide (3 ft. avg. depth): $245.00/acre*. Based upon a treatment consisting of three acres of Navigate herbicide and 26 acres of DMA4-IVM Herbicide, total cost of the treatment will be $8512.00 *Cost of DMA4-|VM based on 3 ft. avg. depth. ln the event that average depth is less than three feet, per acre cost will be reduced (for example,2.5ft. avg depth cost will be $204.00/acre). Customer responsible for obtaining DNR permit. *Algae control will be provided at the cost of $153.00 per acre. During the Term of Agreement the attached Liability clause shall be substituted for the Liabitity clause found under item 7 of this Water Management Agreement. 1. Agreement:MB hereby agrees to provide Water Management Services described above, and Customer hereby accepts such services described above. Any and all terms and conditions not set forth herein shall be governed by MB's standard terms and conditions, attached. The term of this agreement shall cover the period from 4120t2015 and continue until 913012015. MB shall supply all necessary labor, materials, equipment and technical advice in providing Water Management Services to Customer. Customer shall provide a suitable boat launching site and pay any launching fees necessary to provide Water Management services in said water area where applicable. The cost to customer for water Management Services supplied by MB shall be $8.512 * per service call wherein payments, upon credit approval, shall be due within 30 days following the completion of each service call. Where applicable, an additional fee covering permit cost and processing in the amount of $0.00 is due with return of this Agreement. It is understood between the parties that certain state and/or local permits shall or may be necessary prior to the commencement of Water Management Services, and the provisions of this Agreement are subject to all terms and conditions of any such permits and applicable state and/or local laws or regulation. MB shall apply for all necessary permits, and Customer will cooperate with MB in completing such applications and obtaining such permits. ln the event the entire permit is denied, The Customer will receive a credit of $O.OO Where applicable, an additional consulting fee in the amount of $0.00 is due with return of this Agreement.page 1 of 2 2. Term of Agreement: 3. Services Provided: 4. Cost and Terms of Payment: 5. Permit: 6. Consulting Fee: 9. Customer Authorization: 10. Cancellation Fees: 11. Miscellaneous: WATER MANAG EMENT AGREEMENT 2015 -22395 7. Liability:MB's liability on any claim, loss or liability arising out of, or connected with this Agreement, the use of any services furnished hereunder, shall in all cases be limited solely to the correction of non conformities to the description of services hereunder. lf for any reason MB is unable or fails to correct nonconformities as provided, MB's liability for damages arising out of any services provided hereunder for such failure, whether in contract or in tort (including negligence), law or equity, shall not exceed the amounts paid by Customer for that portion of the services or equipment that fail to conform. Except as otheruvise stated herein, MB DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. lt is specifically understood that MB shall not be liable under this Agreement for (i) any personal injury and/or property damage resulting from completed operations or any installed equipment, or (ii) lost profits, incidental, special, punitive or consequential damages, whether or not the possibility of such damages has been disclosed to MB in advance or could have been reasonably foreseen by MB. Customer shall take whatever action is reasonably necessary by means of posting of warning signs and otherwise, in order to prevent bodily injury and/or property damage, whether to persons, animals, or property, while Water Management Services are being conducted and/or completed Water Management Services. Customer represents and warrants that this Agreement has been duly authorized by the Customer, and that the persons executing this Agreement have the authority to execute this Agreement on Customer's behalf. ln the event that Customer terminates this Agreement for any reason prior to work being performed, or if treatment(s) cannot be conducted due to regulatory restrictions, the Customer agrees to pay MB a cancellation fee equal to 20o/o of Agreement costs unless othenvise noted. This Agreement shall be construed under and in the Courts of the State of CT. This Agreement constitutes the entire understanding between the parties, and may be amended only in writing by the properly authorized representatives, successors, and assigns. This Agreement shall insure to the benefit of and be binding upon the parties hereto, their respective personal representatives, successors, and assigns. 8. Warning Signs: Addendum: * lN WITNESS WHEREOF, the parties hereunto set their hands and seals effective this Wednesday. January 07. 2015 . CUSTOMER (date) Name: Title: MARINE BIOCHEMISTS Professional Water Management 6302 W. Eastwood Ct. Mequon, Wl 53092- (262) 238-0406 Fax: (262) 238-0408 By: Arch Chemicals, Inc., dba Marine Biochemists Phone: Page 2 of 2 ATTACHMENTA Big Muskego/Bass Bay P & R District Water Management Agreement By Marine Biochemists As part of the attached Water Management Agreement the following statement shall be substituted for item #7 of the Water Management Agreement. 7. Liability: lt is specifically understood that MB shall not be liable for any personal injury and/or property damage resulting from completed operations of Water Management Services. The foregoing sentence shall not apply to personal injury or property damage directly caused by MB's application of Navigate Herbicide, DMA4-|VM Herbicide or Cutrine-Plus Algaecide applied in a manner inconsistent with the label instructions, or by MB's negligent use of equipment or vehicles while on Customeds property. MB agrees to provide appropriate warning signs to Customer to post on adjacent properties immediately following each treatment during the season. Accepted Customer ,^*, /z/rr Date: