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94-1307 Council File # 14- Eta 7 O RIGINA Green Sheet # RESOLUTION CITY OF INT PAUL, MINNESOTA (2.1 Presented By ,t, , `GkL / m Referred To Committee: Date WHEREAS, in February 1994 the City Council adopted Chapter 68 of the zoning code, Wetland Conservation, whose purpose is to implement 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 Board of Water and Soil Resources for the purposes of implementing the Wetland Conservation Act in 1994; WHEREAS, the Ramsey Soil and Water Conservation District has made available block grant funds for local governmental units in the county to help pay for administrating the Wetlands Act on a matching 1 to 1 cost basis; and WHEREAS, the City is eligible for such funds. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Saint Paul authorizes the proper city officials to enter into an UBGRANT AGREEMENT with the Ramsey Soil and Conservation District in order tc receive funds for administrating the Wetlands Conservation Act. Blakey Yea. Nays Abswent Requested by Department of: Grimm m Harris Pla ing & Economic Development Me and Reitman Thune `-� By: Adopted by Council: Date *.fl aq� Adoption Certified by Council Secretary Form Approved by City 'ttorney BY: ► .__ _ . �ll _ Approved by ayor:' to Approved g��M.C2r for Nuission to B Council, By: �° /' 4 GI4-t o 7 DE F NT iL DATE U8 ATED O ' GREEN SHE T MITIA r INMA • i CON1ACTget +* yanN %6574 r, D r- MENT DIRECTOR " •� CITY COUNCIL +C ; ASS.111 t r d CITY ATTORNEY a CITY CLERK NUMBER FOR MUST BE ON COUNCIL AGENDA BY (DATE) ROU'INO rg„, BUDGET DIRECTOR FIN, s MGT. SERVICES ORR MAYOR (OR ASSISTANT) TOTAL # OF SIGNATURE PAGES (CUP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Enter into contract in order to recs ive money from State for administrating wetland regulations. 1 RECOMMENDATIONS: Approve (A) or Reject (R) pl RSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: 3 _ PLANNING COMMISSION _ — CIVIL SERVICE COMMISSION 1. Has this person/firm ever worked under a contract for this department? CIB COMMITTEE YES NO t: STAFF 2. Has this person/firm ever been a city employee? k YES NO DISTRICT COURT 3. Does this person/firm possess a skill not normally possessed by any current city employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO - E plain all yes answers on separate sheet and attach to "son sheet INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Whore, Why) State has allocated money to assist local governments in administrating Wetland It Conservation Act of 1991. RECEIVED AUG + 71994 CITY ATTORNEY - ADVANTAGES IF APPROVED: State money helps pay for City Stafl. ` RECED AUG 18 1994 MAYOR'S OFFICE DIS IYOa ES IF APPROVED: Cou Research Centet AUG ,.1994 DISADVANTAGES IF NOT APPROVED: 1 Less money to pay City salaries. • Q.( TOTAL AMOUNT OF TRANSACTIONS eoST /REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) d, 9H -13(37 UBGRANT AGREEMENT BETWEEN THE ITY OF SAINT PAUL ND THE RAMSEY SOIL AND WA ER CONSERVATION DISTRICT FOR WET D CONSERVATION THIS AGREEMENT is entered into by and between the Ramsey Soil and Water Conservation Distri t (District) and the City of Saint Paul (Subgrantee). WHEREAS, the District has received a Natural Resources Block Grant from the State of Minne.ota, acting by and through its Board of Water and Soil Resou ces (BWSR), for the purpose of implementing the Wetland Conservation Act; and, WHEREAS, the Subgrantee h:s applied to the District for a portion of the grant funds an the District has determined that its application meets the cri eria established by the State and BWSR to be eligible to reimbu sed with grant funds up to a 50% cost -share basis for qualifyi g expenditures; NOW, THEREFORE, it is herby agreed: 1. The Subgrantee will be el gible for cost -share reimbursement for the following expenditure- incurred by the Subgrantee between January 1, 1994 and December :1, 1994: a. Field verification of wetland delineations as part of the Subgrantee's land ; isturbance permit activity. b. Coordination of we land disturbance projects with other agencies. c. Replacement plan re iew. d. Notification of wet and alteration. e. Meetings with indi iduals and developers related to wetland alterations. f. Attending BWSR's sanctioned Wetland Conservation Act training sessions. g. Internal proceduresfor Wetland Conservation Act administration. h. Miscellaneous admi istrative and technical assistance to those being regulated by the Wetland Conservation Act. i. Monitoring wetland, replacement required by Subgrantee. .q(.4-(109, j. Identifying wetlan• priorities for the Permanent Wetland Preserves program :nd other wetland payment plans referred to in the Wetland Conser ation Act. k. Wetland banking ce tification. Only expenses incurred for im.lementation of the Wetland Conservation Act within the C•unty of Ramsey are cost -share reimbursable. In no event sh:11 District subgrant funds be awarded to Subgrantee if it i- determined that a water management organization, other than Subg antee within the scope of this Agreement, is administering t e Wetland Conservation Act within the Subgrantee's boundaries. Any Wetland Conservation Act costs associated with the Subgrante-'s public works and capital improvement projects, if any,ldo not qualify for cost - share reimbursement under this Subg ant Agreement. Expenses incurred by the Subgrantee in regulati g one of its departments affected by the Wetland Conservation A t are eligible for reimbursement under this Agreement. 2. Payment /Auditing The Subgrantee is responsible for documenting all expenditures. The District reserves the rig t to audit Subgrantee records and qualify all expenditures prio to distributing cost -share funds to the Subgrantee. The Distr ct will reimburse the Subgrantee for qualifying costs on or be ore March 31, 1995. 3. Indemnity The Subgrantee agrees to defe d and indemnify the District, its officials, employees and agen s from any and all liability, loss or damage they may suffer as result of claims, demands, judgments or costs, including' reasonable attorney's fees, arising out of or related to Subgrant e's performance of this Agreement. Nothing herein shall constitu e a waiver by either party of limits on liability provided 'y law. 4. Audit Until the expiration of three years after the furnishing of services pursuant to this Agr ement, the Subgrantee, upon written request, shall make available to the District, the State Auditor, or the District's ultimate fu source, a copy of this Agreement, and the books, doc ments, records, and accounting procedures and practices of tie Subgrantee relating to this Agreement. 5. Cancellation The District or the Subgrante: may cancel this contract without cause by thirty (30) days written notice to the other. The District or the Subgrantee ma cancel this Contract for cause by five days' written notice to he other. The Subgrantee will be entitled to reimbursement accDrding to the terms of this Agreement for qualifying cost incurred up to and including the effective date of cancellatioi. 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, natiolal origin, sex, marital status, status with regard to public assistance, sexual preference, age or disability, including, but not limited, to the Americans with Disability Act. 7. Entire Agreement This agreement is complete and supersedes all oral agreements and negotiations between the parties as well as any previous agreements presently in effect between the parties. 8. Insurance The Subgrantee is and will remain self- insured throughout the , term of this Agreement. 9. Non- assignability The Subgrantee shall not assign any interest in this Agreement and shall not transfer any interest in the same, whether by subcontract, assignment or no'ration, without the prior written consent of the District. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to bound thereby. RAMSEY COUNTY SOIL AND SUBGRANTEE WATER CONSERVATION DISTRICT By: By: Its: Its: By: By: Its: Its: Approved as to form: A••r-ved as to form: Assistant County Attorney Assi a /Ci y A' orney ,3/-t— / 2 O? Ramsey County Risk Manager Recommended: Manager, Ramsey Soil and Water Conservation District