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06.g 2024_Scandia_WCA_AgreementPage 1 Contract Number: 24-01 SCANDIA CONTRACT BETWEEN WASHINGTON CONSERVATION DISTRICT AND CITY OF SCANDIA FOR TECHNICAL ASSISTANCE 2024 General Technical Services Program A. PARTIES This Agreement is made and entered into by Washington Conservation District, (WCD), and City of Scandia (City). B. PURPOSE WHEREAS, the City has requested assistance from the WCD to implement the policies specified in MINN. STAT. § 103A.206; and WHEREAS, the WCD is authorized to enter agreements to provide such assistance pursuant to MINN. STAT. § 103C.331, SUBD. 3 and 7. NOW, THEREFORE, the parties agree as follows: C. TERM OF CONTRACT The term of this agreement shall be from January 1, 2024 to December 31, 2024 unless terminated earlier as provided herein. D. SCOPE OF SERVICES The WCD will perform all services and furnish and deliver work products generally described in Exhibits A. E. COST In full consideration for services under this agreement, the WCD shall charge the City a fee for its staff services and actual costs for project expenses in accordance with Exhibit A. Costs for services for activities detailed in the attached Exhibits include: Exhibit A: $2,625 Any additional costs for special studies or capital projects must be set forth in a written amendment to this Agreement. F. BILLING PAYMENTS WCD will bill the City for staff services and actual direct project expenses. For calendar year 2024, the services provided by the WCD hereunder shall be billed at a maximum rate of $105 per hour. Invoices will be sent monthly and are payable by the City net 60 days. G. EQUAL EMPLOYMENT OPPORTUNITY- CIVIL RIGHTS During the performance of this Agreement, the WCD agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance, criminal record, creed or national origin, be excluded from full employment rights in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service, or activity under the provisions of all applicable federal and state laws against discrimination including the Civil Rights Act of 1964. If during the term of this Agreement, it is discovered the WCD is not in compliance with the applicable regulations as aforesaid, or if the WCD engages in any discriminatory practices, then the City through the office, may cancel said Agreement as provided by the cancellation clause of this Agreement. H. STANDARDS The WCD shall comply with all applicable Federal and State statutes and regulations as well as local ordinances now in effect or hereafter adopted. Page 2 Failure to meet the requirements of the above may be cause for cancellation of this contract effective the date of receipt of the Notice of Cancellation. I. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purpose in the course of the WCD’s performance of the Agreement is governed by the Minnesota Government Data Practices Act, Minnesota 1984, Section 13.01, et seq., or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. The WCD agrees to abide by these statutes, rules and regulations and as they may be amended. J. AUDITS, REPORTS, AND MONITORING PROCEDURES The WCD will: 1. Maintain records that reflect all revenues, cost incurred and services provided in the performance of the Agreement. 2. Agree that the City, County, the State Auditor, or legislative authority, or any of their duly authorized representatives at any time during normal business hours, and as often as they may deem reasonably necessary, shall have access to the rights to examine audit, excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and practices of the WCD which are relevant to the contract. K. INDEMNITY The WCD and the City mutually agree, to the fullest extent permitted by law, to indemnify and hold each other harmless for any and all damages, liability or cost (including reasonable attorneys’ fees and costs of defense) arising from their own negligent acts, errors or omissions in the performance of their services under this agreement, to the extent each party is responsible for such damages and losses on a comparative basis of fault. Parties agree to provide proof of contractual liability insurance upon request. L. INDEPENDENT CONTRACTOR It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the WCD as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The WCD is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The WCD represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the WCD or other person, while engaged in the performance of any work or services required by the WCD under this Agreement, shall have no contractual relationship with the City and shall not be considered employees of the City. M. MODIFICATIONS Any material alteration or variation shall be reduced to writing as an amendment and signed by the parties. Any alterations, modification, or variations deemed not to be material by agreement of the WCD and the City shall not require written approval. N. MERGER It is understood and agreed that the entire agreement of the parties is contained here and that this contract supersedes oral agreements and negotiations between the parties relating to this subject matter. All items referred to in this contract are incorporated or attached and deemed to be part of the contract. Page 3 O. TERMINATION Either the WCD or the City may terminate this Agreement with or without cause by giving the other party thirty (30) days written notice prior to the effective date of such termination. If the City terminates this Agreement without cause, it shall pay to the WCD for services performed up to the date of termination. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. APPROVED: CITY WCD BY: _______________________________ BY: ________________________________ Mayor Date WCD Manager Date BY: _______________________________ Clerk Date Page 4 EXHIBIT A 2024 SCOPE OF SERVICES FOR THE CITY OF SCANDIA TECHNICAL SERVICES AGREEMENT BETWEEN THE WASHINGTON CONSERVATION DISTRICT (WCD) AND CITY OF SCANDIA (City) At the request of the City the WCD shall furnish the following services under the terms of the AGREEMENT: Local Government Unit (LGU) administration of Wetland Conservation Act (WCA) and Other Services TASK 1. Technical assistance The WCD will review wetland related applications as per Mn Rule 8420 (e.g. no loss, exemption, boundary/type, replacement plan, sequencing, banking) and review monitoring reports for authorized wetland impacts and mitigation areas. TASK 2. Administrative assistance The WCD will process wetland related applications, following the LGU procedures described in the WCA. This includes mailing of application notices, consolidation of public comments, preparation of TEP reports, preparation of Findings of Facts, and mailing of decision notices. The WCD will make the decision on applications on behalf of the City, consult the City, or defer the final decision to the City Council, as per City of Scandia Resolution No. 04-20-10-05. Appeal of decisions made by the WCD on the City’s behalf will be directed to the City Council. TASK 3. Miscellaneous Services The WCD will provide other services, related to wetland permitting or monitoring, at the request of the City. Examples include supplemental construction monitoring, education programs, or pre- application review of City-sponsored projects. LGU – WCA administration Summary Estimated 2024 Total: 25 hours @ $105/hour = $2,625 The costs associated with the review of additional applications are not included in this scope and would be billed on an hourly basis at the rate provided above.