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96-577o�����t���� OF Presented By 1 2 , � 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Re£erred To Committee: Date SUBGRANT AGREEMENT FOR WETLAND ADNffNISTRATION WIIEREAS, in February 1994 the City Councii adopted Chapter 68 of the zoning code, WeUand Conservation, whose purpose is to implement the Minnesota Wetland Conservation Act of 1991; ` I 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 Wefland Conservation Act in 1996; 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 WI3EREAS, 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 a SUBGRANT AGREEMENT with the Ratnsey Soil and Water Conservation District in order to receive funds for administrating the Wetlands Conservarion Act. Covncil File # �� � S � � Green Sheet # 3 3 t o g Requested by By: of : � L Form Approved by City Attorney Adopt By: � Certified by Council Secretary Approved by By: MINNESOTA ��,i���ve..�¢- s Z o-16 by Mayor for Submission � g,4,.5�rJ✓ DEPARTMENT/OFiICE/COUNCIL DATE INff1ATED N 3 310 9 GREEN S T INRI INRIAVDATE CANTACf PERSON & PHONE DEPAFiTMENT DIRECTOR CRV CAUNCIL IISSIGN ��ry p770FNEY ' Q CIT' CLERK NUYBER FOR MUST BE N CAU 4 AGENOA BY (DATE) pO�N� m UOGET DIFiECi�R Q FIN. 8 MGT. SERVICES DIR. OpDER MAYOR (OR ASSISTANf) m �,, � A � � TOTAL # OF SIGNATURE PAGES Z (CLIP ALL LOCATIONS FOR SIGNATURE) ACf10N REOUESTEO: Enter into contract in order to receive money from the State £or administering wetland regulations_ RECOMMENDAiroNS: npprove (A) or fteiect (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING CAMMISSION _ CIVIL SERVICE CAMMI$$ION �� Has this personlfirm ever worked under a conhact for this tlepartmem? - _ GIB COMMITTEE _ YES NO .�s7AFF _ 2. Has Ihis personKrm ever been a ciry employee? VES NO _ oIS7RICT CqURi _ 3. Does this pereonHirm possess a skill not nortnally possessetl by any current ciry employee? SUPPORTS WHICH COUNCtL OBJECTIYE4 YES NO Ezptain all yes answers on separate sheat antl attach to graen sheet INITIATING PROBLEM. ISSUE, OPPOfiTUNITY (Who, What, Wtien, Where, Wny): State has allocated money to assist local governments in administrating Wetland Conservation Act of 1991. ������'�� �� ADVANTAGES IF APPROVED: State money helps pay for City Staff. ���� �� � �� Y DISAI�(A ES IFAPPFOVED: I1 DISADVANTAGES IF NOTAPPROVED: Less money to pay City salaries. � 4a��€ � s .����7�� �n�� '` � � � ±�b� TOTAL AMOUN70FTRANSACTION $ a� 7�D� COST/flEVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIfdG SOURCE �"""'"' /O �� ��� ���"�� AC7IVI�T N�U �a� ' 3 �ODa � � FINANCIAL INFORMATION. (EXPLAIN) � � .Ga� � IL�C.LU-� p-irc. F (L. �� � � �ab 7oa - c�e /49� ,o.�� u� � r� 9�-S�? SUBGRANT AGREEMENT BETWEEN �TY 6 � JT (�xt u,L. AND THE RANISEY SOIL AND WATER CONSERVATION DISTRICT FOR WETLAND CONSERVATION THIS AGREEMENT is enb Conservation District (District) and (Subgrantee). by Ramsey Soil and Water R�REAS, the District has received a Natural Resources Block Grant from the State of Minnesota, acting by and through its Boazd of Water and Soil Resources (BWSR}, for the purpose of implementing the Wetland Conservation Act; and, WFiEREAS, the Subgrantee has applied to the District 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-share basis for qualifying expendiTures; NOW, THEREFORE, it is hereby agreed: 1. Elieible costs. The Subgrantee will be eligible for cost-shaze reimbursement for the following expenditures incurred between January 1, 1996 and December 31, 1996: a. b. c. d. e. f. g h. i. l- k. Field verification of wefland delineations as part of the Subgrantee's land disturbance permit activity. Coordination of wetland disturbance projects with other agencies. Replacement plan review. Notification of wetland alteration. Meetines with individuals and developers related to wet]and alterations. Attending BWSR's sanctioned Wetland Conservation Act training sessions. Internal procedures for Wetland Conservation Act administration. 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 Wetland Preserves program and other wetland payment plans referred to in the Wedand Conservation Act. Wetland banking certification. ac.-S�l� Page Two - WCA Subgrant Agreement 1. Developing a comprehensive wetland management plan pursuant to MN WCA Rules. The plan must cover the entire jurisdiction of the Subgrantee. Only expenses incurred for implementation of the Wedand Conservation Act within the County of Ramsey ue cost-share reimbursable. In no event shall District subgrant funds be awarded to Subgrantee if it is determined 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 Wedand Conservation Act costs associated with the Subgrantee's public works and capital improvement projects, if any, do not qualify for cost-share reimbursement under this Subgrant Agreement. 2. PavmentlAuditine The Subgrantee is responsible for documenting all expenditures in a manner and format acceptable to the District. The ma�cimum billing rate shall not exceed $40.00 per hour. The District reserves the right to audit Subgrantee records and qualify and approve all expenditures and billing rates prior to distributing cost-share funds to the Subgrantee. The District will reimburse the Subgrantee for quatifying costs on or before July 1, 1997. Subgrantee acknowledges that several subgrants will be made by the District 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. 3. 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 ar costs, including reasonable attorney's fees, arising out of or related to Subgrantee's performance of this Agreement. 4. Audit Until the expiration of three years 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 fundin� source, a copy of this Agreement, and books, documents, records, and accounting procedures and practices of the Subgrantee relating to this Agreement. 5. 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 entitled to reimbursement according to the terms of the Agreement for qualifyin� 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, nationai 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. q�, -s�rl Page Three - WCA Subgrant Agreement Entire Aereement This agreement is complete and supersedes all oral agreements and negoriations 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-assignabilitv The Subgrantee shail 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. 10. Reporting The Subgrantee shall provide the District with a Wetland Conservation Act, 1996 Summary by February l, 1997 in a format to be specified by the MN Boazd of Water and Soil Resources. 11. Comoliance to the Wetland Conservation Act and its Governine Rules The District may withhold any or all potential grant funds to a Subgrantee if it is determined by the District and BWSR that the Subgrantee has not saUSfactorily performed required functions according to the Law. Specific documented instances/circumstances are required. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to bound thereby. RAMSEY SOIL AND WATER CONSERVATION DISTRICT By: Its: By: Its: Approved as to form: Approved as to form: ��+ ��u�t.v�� .r L v- �j 6 Assistant Counry Attorney Assistant City Attorney Manager Recommended: B�i� rc �/',�� �t�- Page Four - WCA Subgrant Agreement Manager, Ramsey Soii and Water Conservation District sub�rant.530