5.e) Contract with Washington Conservation District for Technical Assistance Meeting Date: 4/6/2010
Agenda Item: � ��
City Councii Agenda Report
City of Scandia
14727 209`h St. North
Scandia, MN 55073 (651)433-2274
Action Requested: Approve a contract with the Washington Conservation District for
technical assistance in 2010 and 2011.
Deadline/ Timeline: Current agreement expired at the end of 2009.
Background: • The Washington Conservation District provides technical
assistance to the City of Scandia to fulfill its responsibilities under
the Wetland Conservation Act.
• The proposed hourly rate for 2010-2011 is $71.00 per hour, with a
maximum amount of$2,000 per year. This is the same as the
previous contract, and is consistent with the 2010 budget.
• The City Attorney has reviewed previously reviewed this
agreement, which is the same as the 2008-2009 contract except for
dates.
Recommendation: I recommend that the Council approve the agreement.
Attachments/ • None
Materials provided:
Contact(s): Jyneen Thatcher, Washington Conservation
District(651) 275-1136 x 25
Prepared by: Anne Hurlburt, Administrator
(Wash Conservation District Contract)
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03/31/]0
( Contract Number ""^���10-01 Scandia
CONTRACT BETWEEN WASHINGTON CONSERVATION DISTRICT AND CITY OF SCANDIA FOR TECHNICAL
ASSISTANCE
2010 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, 2010 to December 31, 2011 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 Exhibit A, attached and
made part of this agreement, when directed by a City representative.
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. The total dollar amount of the work for staff services as described in
Exhibit A to be performed by the WCD shall not exceed$$2000 per year.
F. BILLING PAI'MENTS
1. WCD will bill the City for staff services and actual d'uect project expenses. For fiscal years 2010-11, the services
provided by the WCD hereunder shall be billed at a maximum rate of$71 per hour. Invoices will be sent monthly
and are payable by the City net 60 days.
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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 ef�'ect
or hereafter adopted.
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 PRNACY
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.
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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 perfomung 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.
O. TERMINATION
Either the WCD or the City may ternunate 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.
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IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers.
APPROVED:
CITY WCD
BY: BY:
Mayor Date Board Chair Date
BY: BY:
Clerk Date WCD Manager Date
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EXHIBIT A
2010-2011 SCOPE OF SERVICES FOR 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(LGin administration of Wetland Conservation Act(WCA)
TASK 1. Technical assistance
The WCD will provide review of wetland delineations and reports, monitor authorized wetland impacts and mitigation
areas, and provide wetland determinations and delineation approvals on behalf of the City. (Estimate: 10 hrs/year x 2
years=20 hours total in 2 year contract)
TASK 2. Administrative assistance
The WCD will process wetland impact 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 and
Conclusions, and mailing of decision notices. The WCD will consult the City or defer the final decision to the City
Council. Appeal of decisions made by the WCD on the City's behalf will be directed to the City Council. (Estimate: 9
hrs/year x 2 years= 18 hours total in 2 year contract)
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.
(Estimate: 9 hrs/year x 2 years= 18 hours total in 2 year contract)
LGU—WCA administration
Estimated 2010 Total: 28 hours @$71/hour=$1988
Estimated 2011 Total: 28 hours @$71/hour=$1988
Estimated 2010& 2011 Total: 56 hours @ $71/hour=$3976
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