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95-723ORIGINAL RESOLUTION SAINT PAW�IVI . IV Presented By 1 2 3 4 5 6 � 8 9 10 11 12 13 14 15 16 17 18 19 20 RefeYred To Council File # ���� J Green Sheet # ��� 4 � � /� Committee: Date SUBGRANT AGREEMENT FOR WETLAND ADMINISTRATION WIIEREAS, in February 1994 the City Council adopted Chapter 68 of the zoning code, Wetland Conservation, whose purpose is to unplement the Minnesota Wetland Conservation Act of 1991; WHEREAS, the Ramsey Soil and Water Conservation District has received a$26,700 block grant from the Minnesota Boazd of Water and Soil Resources for the purposes of implementing the Wetland Conservation Act in 1995; WHEREAS, the Ramsey Soil and Water Conservation District has made available block grant funds for local govemmental units in the county to help pay for administrating the Wetlands Act on a matching 1 to 1 cost basis; and WIIEREAS, the City is eligible for such fixnds. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Saint Paul authorizes the proper city officials to enter into a SUBGRANT AGREEMENT with the Ramsey Soil and Water Conservation District in order to receive funds for administrating the Wetlands Conservation Act. Requested by Department of: . . ;zi. � - - - r✓./::�� �'�� � . � i ♦ Adopted b�cil: Adopti C.�rtified� By: ✓ Approved M o : By: _ . ��/>o�et,� �/�J /�� Form Approved by City Attorney Secretary / Y: ���%J� APProved by Mayor or Submission to Counc q ' 6� ! � �! /� i1.�/ g _ � � A,��N�T,ATEO GREEN SH T INRIAfmA �EPAqTMENT DIflECTOR 1SSIGN �71'ATT 'lUYBEBFOfl ���NG � BUDGEf �IRE R �fl�� MAVOP (OR ASSISTAtJn TOTAL # OF SIGNATURE PAGES Z� (CLIP ALl LOCATIONS FOR SIGNATURE) 1' � }K,^ i:.f,:.t:�i�i .'M 2.t DIq. Enter into contract in order to recieve money £rom State for administrating wetland regulations. XE(:OMMENOATIONS: AQpave (A) or Rejecl (P) _ PLANNING COMMISSION _ CIVIL SEflVICE COMMISSION _ CIB COMMIiTEE _ _ STAFF _ _ DISTRICTCOURT _ SUPPORTS WHICH CAUNCII O&IECT7VE4 PEflSONAL SEFiVICE CONTHACTS MUST ANSWER TXE FOLLOWING �UESTIONS: 7. Has ihis personfirm ever worked under a contract for this tlepartmerrt? - VES NO 2. Has this personffirtn ever been a city employee? YES NO 3. Does this person�rm possess a skill not nortnally possessetl by any curreM city employee? YES NO Explatn all yes enswers on separote sheet antl attaeh to green s�eet State has allocated money to assist local governments in administrating Wetland Conservation Act of 1991. �7h�L U'm1�c� �✓ � ��Pd, ���rru�; �p,�a'.l,tm� �t �d' � ic/ � � l��t �rr�� r�ti��s! 1ry �i�b��<�. � /A GESIFAPPROVED: ? State money helps pay for City staff. k v� .`..;,'_ -.;• "� ������ ������, None �,���� �UN 19 7995 �' � ;.��:,�� Less money to pay City salaries TOTAL AMOUNT OF TRANSACTION $ �'DD � PUNDIHG SOURCE ppp yyy ��� FINANCIAL INFORMATION: (EXPLAIN) � (�C� ,�(/.1/ �p /}f1,CQ.�jf.�QJ �,.� �'_�i_ -rnn �/_ io oll .,L ,, „ ..,f�,. .�u�•.� � � ;�^� qs �� 3 N_ 31266 " � INRIAWATE CRYCAUNqL CRY CLEFiK FlN. & MGT. SE � ��� 9�� COST/HEVENUE BUDGETED (C{RCLE ONE) YES NO C7IVITV NUMBEH �ali'+'. � �o ��� �o'•�� ' o�`N � � , � qs �a 3 SUBGRANT AGREEMENT BETWEEN the City of Saint Pau AND TF3E RAMSEY SOIL AND WATER CONSERVATION DISTRICT FOR WETLAND CONSERVATION THIS AGREEMENT is entered into by and between the Ramsey Soil and Water Conservation District (District) and the City of Saint Paul (Subgrantee). WHEREAS, the District has received a Natural Resources Block Grant from the State of Minnesota, acting by and through its Board of Water and Soil Resources (BWSR), for the purpose of implementing the Wetland Conservation Act; and, WHEREAS, the Subgrantee has applied to the Dish for a portion of the grant funds and the District has determined that its application meets the criteria established by the State and BWSR to be eligible to be reimbursed with grant funds up to a 50% cost-shaze basis for qualifying expenditures; NOW, THEREFORE, it is hereby agreed: Eli¢ible costs. The Subgrantee will be eligible for cost-share reimbursement for the following expenditures: a. Field verification of wetland delineations as part of the Subgrantee's land disturbance permit activity. Coordination of wetland disturbance projects with other agencies. c. Replacement plan review. d. Notification of wetland alteration. e. Meetings with individuals and developers related to wetland alterations. £ Attending BWSR's sanctioned Wetland Conservation Act training sessions. g. Internal procedures for Wetland Conservation Act administration. h. Miscellaneous administrative and technical assistance to those being regulated by the Wetland Conservation Act. Monitoring wetland replacement required by Subgrantee. Identifying wedand priorities for the Permanent Wedand Preserves program and other wetland payment plans referred to in the Wetland Conservation Act. k. Wetland banking certification. 9�- ��3 Page Two - WCA Subgrant Agreement Only expenses incused for implementation of the Wetland Conservation Act witrun the County of Ramsey are cost-share reimbursable. In no event shall District subgrant funds be awazded to Subgrantee if it is detertnined that a water management organization, other than Subgrantee within the scope of this Agreement, is administering the Wetland Conservation Act within the Subgrantee's boundaries. Any Wefland Conservation Act costs associated with the Sub�antee's public works and capital improvement projects, if any, do not qualify for cost-shaze reimbursement under this Subgrant Agreement. 2. PavmendAuditine The Subgrantee is responsible for documenting a11 expenditures in a manner and format acceptable to the District. The maximum billing rate shall not exceed $40.00 per hour. The District reserves the right to audit Subgrantee records and qualify and apptove a11 expenditures and billing rates prior to distributing cost-share funds to the Subgrantee. The District will reimburse the Subgrantee for qualifying costs on or before July 1, 1996. Subgrantee acknowiedges t!;at several subgrants will be made by the Bistrict under the State Natural Resource Block Grant. In the event requests from all subgrantees exceed the available funds, Subgrantee understands and agrees that funding will be disbursed among all subgrantees on a pro-rata basis not withstanding any other provision of this agreement to the contrary. Indemnitv The Subgrantee agrees to defend and indemnify the District, its officials, employees and agents from any and all liability, loss or damage they may suffer as a result of claims, demands, judgments or costs, including reasonable attomey's fees, arising out of or related to Subgrantee's performance of this Agreement. 4. Audit Until the expiration of three yeazs after the furnishing of services pursuant to this Agreement, the Subgrantee, upon written request, shall make available to the District, the State Auditor, or the District's ultimate funding source, a copy of this Agreement, and books, documents, records, and accounting procedures and pracrices of the Subgrantee relating to this Agreement. Cancellation The District may cancel this contract without cause by thirty (30) days written notice to the Subgrantee. The District may cancel this contract for cause by five days written notice to the Subgrantee. The Subgrantee will be entided to reimbursement according to the terms of the Agreement for qualifying costs incurred up to and including the effective date of cancellation. 6. Non-Discrimination The Subgrantee agrees to comply with all federal, state and local laws, resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, sexual pre£erence, age or disability, including, but not limited, to the Americans with Disability Act. Gp,� 7� Page Three - WCA Subgrant Agreement Entire Agreement This agreement is complete and sugersedes al1 oral agreements and negotiations between the parties as well as any previous agreements presently in effect between the parties. Insurance The Subgrantee is and will remain self-insured throughout the term of this agreement. 9. Non-assi abilitu The Subgrantee shall not assign any interest in this Agreement and shall not transfer any interest in the same, whether by subcontract, assignment or novation, without the prior written consent of the District. IN WITNESS WFIEREOF, the parties have caused this Agreement to be duly executed intending to bound thereby. RAMSEY SOII, AND SUBGRANTEE WA'I'ER CONSERVATION DISTRICT By: B Its: Its: � � �:'r..�, � - � Approved as to form: Approved as to form: �� Assistant County Attomey Assistant i Atto y Risk Manager Recommended: Manager, Ramsey Soil and Water Conservation District subgrant.530