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HomeMy WebLinkAbout5.C.3. Agreement with Scott Soil & Water Conservation District Relating to the Provision of Technical Services for the Wetland Conservation Act s c. 3 . CITY OF SHAKOPEE Memorandum CONSEtlT TO: Mayor & City Council Mark McNeill, City Administrator FROM: Joe Swentek, Project Engineer SUBJECT: Authorize the Execution of an Agreement Between the Scott Soil & Water Conservation District and the City of Shakopee Relating to the Provision of Technical Services for the Wetland Conservation Act DATE: May 4,2010 INTRODUCTION: The Wetland Conservation Act (WCA) requires Local Government Units (LGU) to uphold the rules and regulations set forth by the Board of Water and Soil Resources (BWSR) as it relates to wetland impacts. Occasionally the City may require additional technical assistance and this agreement clearly outlines the non-fee services and the fee-based services provided by the Scott Soil & Water Conservation District (SWCD). BACKGROUND: A detailed agreement of the proposed services provided, their rates and other conditions was prepared by the SWCD and reviewed by the City attorney and staff. Please see the attached agreement. The SWCD has the experience and expertise to provide additional assistance in administering the WCA should it be necessary. Therefore, at this time, staff recommends authorizing the appropriate City officials to enter into an extension agreement with the SWCD for the provision of technical services for the WCA. ALTERNATIVES: 1. Approve a motion authorizing the appropriate City officials to enter into an agreement between the Scott Soil & Water Conservation District and the City of Shakopee relating to the provision of technical services for the wetland conservation act. 2. Do not authorize the appropriate City officials to enter into an agreement between the Scott Soil & Water Conservation District and the City of Shakopee relating to the provision of technical services for the wetland conservation act. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to approve a motion authorizing the appropriate City officials to enter into an agreement between the Scott Soil & Water Conservation District and the City of Shakopee relating to the provision of technical services for the wetland conservation act. 4-A---6v~ Joe Swentek Project Engineer AGREEMENT BETWEEN THE SCOTT SOIL & WATER CONSERVATION DISTRICT AND THE CITY OF SHAKOPEE RELATING TO THE PROVISION OF TECHNICAL SERVICES FOR THE WETLAND CONSERVATION ACT This Agreement is made by and between the Scott Soil and Water Conservation District (DISTRICT) and the City of Shakopee (CITY) for the provision of technical services associated with the Minnesota Wetland Conservation Act (WCA) of 1991, on an as-requested basis. WHEREAS, WCA requires local government units (LGUs) to implement the rules and regulations promulgated by the Board of Water and Soil Resources (BWSR) pertaining to wetland draining, filling and excavation; and WHEREAS, the CITY may from time to time determine it advantageous to secure additional technical assistance to help ensure accurate and timely administration of certain WCA rules and regulations; and WHEREAS, the DISTRICT has qualified personnel trained and experienced in application of the WCA, and is willing to provide such services jffwhen requested by the CITY. THEREFORE, the parties agree to the following: I. TERM OF CONTRACT The term of this Contract shall be in effect from , 2010 and shall continue in effect until terminated in accordance with the provisions herein. II. TERM(S) OPTION A. This Contract will be automatically renewed on an annual basis unless terminated by either Party by notice of intent not to renew as set forth below or by notice of termination under Section XIII. of this contract. B. Written notice of Intent Not to Renew shall be given by the DISTRICT or the CITY at least ninety (90) days before the expiration of the Contract term. III. SERVICES TO BE PROVIDED BY DISTRICT A. Fee Services: The DISTRICT shall perform the following fee service(s) as requested by the CITY: 1. Technical Review: Review and provide written comments and recommendations on applications for any of the following: Wetland Boundary or Type; No Loss; Exemption; Sequencing Plans; Replacement Plans. 2. Field Visits: Conduct field visits, for purposes including but not limited to verifying application information, inspecting wetland boundary identification, inspecting replacement wetland construction, and certifying replacement wetland monitoring and/or completion. A Technical Memorandum describing activity and findings will be prepared and submitted following each visit. 3. Meetings: Attend CITY meetings to provide, explain, and/or clarify technical information and/or findings relating to WCA services performed by DISTRICT. B. Non-Fee Services: The DISTRICT will perform the following services, requested or otherwise, at no charge to the CITY: 1. Any technical or administrative services the DISTRICT is mandated to perform pursuant to Chapter 8420, Minnesota Rules, including but not limited to the following: a. Providing WCA-related information and forms to LGU's and the general public; b. Providing representation on the Technical Evaluation Panel; c. Reviewing and certifying projects for soil and water conservation; d. Reviewing and certifying projects for wildlife habitat improvement e. Assisting DNR with identifying and enforcing violations; f. Preparing, issuing, and enforcing wetland restoration orders; g. Completing advisory statements of potential wetland preservation or conflicts; or h. Issuing and following up on Restoration Orders 2. Conducting reviews and/or rendering opinions or advice regarding the applicability of WCA rules and regulations for a proposed project, provided that such reviews and opinions are based on readily-available information and do not require field investigation. C. For each instance of requested services under subsection A., above, the parties shall agree in writing to any timelines, specific tasks, and estimated hours of work necessary for the particular project. A template form provided by the DISTRICT will be used to simplify and expedite this requirement. D. All services provided by the DISTRICT shall be performed in as timely, efficient, accurate, and professional manner as is possible. IV. PAYMENT FOR SERVICES Payment for services rendered under Section lilA, above, shall be made to the DISTRICT for actual hours worked at a rate of $60.00 per hour. The DISTRICT shall invoice the CITY on a monthly basis. Invoices will include dates, descriptions, and hours of work performed, as well as a summary of invoice amounts to-date. The CITY shall make payment within thirty (30) days upon receipt of the invoice. The hourly rate quoted above applies to services rendered in year 2010, and is subject to change after December 31. Future increases shall be made by amendment to this agreement, subject to approval of both parties. V. INSURANCE A. The DISTRICT agrees that they shall at all times during the term of this Contract, have and keep in force, at their own expense, insurance of the types and amounts outlined below, covering any injury caused by any act or omission on the part of each party in the performance of or with relation to any of the work or service provided to be performed under the terms of this Contract, in the following amounts: 1) Commercial Automobile Liability insurance covering all owned, non-owned and hired automobiles with limits of at least $500,000 per accident. 2) Worker's Compensation insurance. The District shall secure and maintain such insurance as will protect the District from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage that may arise from the performance of the District's services under this Contract. 3) Commercial General Liability insurance with limits of at least $1,500,000 for each person, and each occurrence, for both personal injury and property damage. The CITY shall be named as an additional insured. Page 2 of 5 All policies of insurance shall provide that the insurance company shall notify the CITY at least thirty (30) days prior to the effective date of any policy cancellation, modification or non-renewal. B. The CITY shall maintain general liability insurance with limits equal to or exceeding the maximum liability set forth in Minnesota Statutes Chapter 466. VI. INDEMNIFICATION The DISTRICT shall indemnify, up to the limits of its insurance or the statutory limits, whichever is greater, hold harmless and defend the CITY, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions which the CITY, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of the DISTRICT, its agents, servants or employees, in the execution, performance, or failure to adequately perform the DISTRICT's obligations pursuant to this Contract. The CITY shall indemnify, up to the limits of its insurance or the statutory limits, whichever is greater, hold harmless and defend the DISTRICT, their officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions which the DISTRICT, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of the CITY, its agents, servants, or employees, in the execution performance, or failure to adequately perform the CITY's obligations pursuant to this Contract. VII. SUBCONTRACTING AND ASSIGNMENT DISTRICT shall not enter into any subcontract for the performance of the services contemplated under this Contract nor assign any interest in the Contract without prior written approval of the CITY and subject to such conditions and provisions as are deemed necessary. The subcontracting or assigning party shall be responsible for the performance of its subcontractors or assignors unless otherwise agreed. VIII. DELAYS None of parties shall hold another party responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the reasonable control of another party or another party's employees and agents. IX. MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, signed by authorized representatives of the DISTRICT, and the CITY, and attached to this Contract. X. MERGER The entire and integrated agreement of the parties is contained in this Contract which shall supersede all prior negotiations, representations or agreements whether written or oral. All items referred to in this Contract as incorporated or attached are deemed to be part of this Contract. XII. WAIVER The waiver of any of the rights and/or remedies arising under the terms of this Contract on any occasion by any party hereto shall not constitute a waiver of any rights and/or remedies in respect to any subsequent breach or default of the terms of this Contract. The rights and remedies provided or referred to under the terms of the Contract are cumulative and not mutually exclusive. XIII. TERMINATION The DISTRICT or CITY may terminate this Contract without cause and for any reason whatsoever upon giving at least ninety (90) days written notice thereof to the other party. In such event, the DISTRICT Page 3 of 5 shall be entitled to receive compensation for the services provided in a satisfactory manner up to and including the effective date of termination. XIV. LIAISON/AUTHORIZED REPRESENT A TIVES/NOTIFICA TION A. Liaison To assist the parties, ensure compliance and provide ongoing consultation, a liaison shall be designated by the DISTRICT and CITY. , District Engineer, shall act on behalf of the District, at 952-492-5425. Joe Swentek, CITY Project Engineer, shall act on behalf of the CITY, at (952) 233-9363. If the liaison of a party designated herein should change, said party shall promptly notify the other parties. B. Authorized Representative CITY: The Public Works Director is the CITY's representative who has the authority to modify or terminate this Contract when so authorized by the CITY Council. DISTRICT: The District Manager is the DISTRICT's representative who has the authority to modify or terminate this Contract when so authorized by the District Board. XV. NOTIFICATION Notification required to be provided pursuant to this Contract shall be provided to the following named persons and addresses unless otherwise stated in this Contract, or in a modification of this Contract. To the CITY: To the DISTRICT: Bruce Loney Troy Kuphal City of Shakopee Scott SWCD 129 Holmes Street South 7151 W. 190th St., Suite 125 Shakopee, MN 55379 Jordan, MN 55352 XVI. MINNESOTA LAW TO APPLY The parties agree that Minnesota is both the place of making of this Contract and the place of performance of this Contract and shall be governed by and construed in accordance with the laws of the State of Minnesota. All proceedings related to this Contract shall be reviewed in the State of Minnesota. XVII. Both the DISTRICT and the CITY acknowledge and agree that the DISTRICT is an independent contractor and not an employee of the CITY. Any employee or subcontractor who may perform services for the DISTRICT in connection with this Agreement is also not an employee of the CITY. The DISTRICT understands that the CITY will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker's compensation insurance and unemployment insurance, nor will the CITY withhold any state or federal taxes, including income or payroll taxes, which may be payable by the DISTRICT. Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be duly executed. For the CITY OF SHAKOPEE: For the SCOTT SOIL AND WATER CONSERVATION DISTRICT: By: Mayor By: By: ' Chair City Administrator Date: ,2010 By: City Clerk Attest: Date: ,2010 , Clerk APPROVED AS TO FORM AND EXECUTION Date: ,2010 By: Its Attorney Page 5 of 5