1e. Resolution to approve the Minnesota Board of Water and soil Resource natural Resources Block Grant Agreement for the administration of the Wetland conservation Act and to staart a monitoring program associated with the City's SWMP 11D and 8C1
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CITY OF �e
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Am vi. cw iftsom
NO
MEMORANDUM Rejected
oat
TO: Don Ashworth, City Manager Date Submitted to Commissbff
FROM: Diane Desotelle, Water Resources Coordinator Y" Date f to councg
DATE: June 20, 1995
SUBJ: Resolution to approve the Minnesota Board of Water and Soil Resource Natural
Resources Block Grant Agreement for the administration of the Wetland Conservation
Act and to start a monitoring prograa;associated with the City's SWMP
SWMP 11D and SWMP 8C
BACKGROUND
The City of Chanhassen has been chose n
Army Corps of Engineers General Pe
agencies an applicant has to go through t
the program, Chanhassen was able to
administration and implementation of wet
matching funds for the following:
A. $4,000 to administer Gene
ff.]
a
as a pilot local government unit for administering the U.S.
17. This should help reduce the number of permitting
o obtain wetland alteration permits for a project. As part of
apply for a Natural Resources Block Grant to fund the
land protection in the City. The City applied for $10,000 in
17:
C. $4,000 to start up a monitori
wetland protection measures
The matching funds will come from the City's
for
:o identify the effectiveness of the City's
Surface Water Management Plan (SWMP).
Water Management Fund.
Don Ashworth, City Manager
June 20, 1995
Page 2
ANALYSIS
Staff thinks these projects will help reduce repetitive administration by other public agencies on
wetland replacement plans. It will help provide for a more efficient process that the City is currently
administering anyway.
The monitoring program is a key component to the City's SWMP because it will help us identify the
effectiveness of our water quality treatment requirements. We hope that we are requiring and
performing the necessary amount of treatment to protect our lakes and wetlands. At the same time, we
do not want to be over spending on ponding that may not be necessary.
RECOMMENDATION
Staff recommends that the City Council pass the attached resolution adopting the agreement and
funding from the Board of Water and Soil Resources' Natural Resources Block Grant.
g:\eng\diane\bluffck\bvvsmrbg.res
RESOLUTION AUTHORIZING SIGNATURE
�
BOARD OF OF
WATER AND SOIL RESOURCES
NATURAL RESOURCES BLOCK GRANT DOCUMENTS C
\`
REGULATORY SIMPLIFICATION
offered the following resolution, No. , and moved its adoption.
WHEREAS, the State of Minnesota, acting by and through its Board of Water and Soil Resources ( "BWSR "),
Ic as authority to award Natural Resources Block Grants for purposes of implementing the wetland conservation
t, to local government pursuant to Laws of Minnesota 1993, Chapter 172, sec. 6, and Laws of Minnesota 1994,
Chapter 632, sec. 3; and
�REAS, BWSR has determined that (list lgu) is eligible for a Natural Resources
j lock Grant of up to $ upon BWSR acceptance of the LGU's application and the execution and
elivery of a Grant Agreement; and
oyaMREAS, the State of Minnesota and the (lgu) believe that wetland regulatory
plification will provide benefits to its citizens and that this is best implemented at the local level.
I OW, THEREFORE BE IT RESOLVED:
THAT THE (Board, Council, etc..) approves of (lgu) entering into a
rant Agreement with the State of Minnesota to receive state funds for the implementation of the administration
the wetland conservation act, under the terms of the Grant Agreement and all statutory requirements; and
F IAT THE (Board Council, etc...) authorizes the expenditure of $ cash and
in -kind contributions to match the Natural Resources Block Grant as specified in Laws of
Minnesota 1993, Chapter 172, sec. 6; and the Laws of Minnesota 1994, Chapter 632, sec. 3, and the Grant
1 'reement; and
THAT THE (Board, Council, etc..) agrees to implement the provisions of General Permit
I as indicated on the attached application.
BE IT FURTHER RESOLVED, THAT THE Chairperson of the (lgu) and the
(state title) or (state title) are authorized to execute the Grant
reement together with all related documents.
seconded the adoption of the resolution, and it was declared adopted upon the following vote:
I Ayes: Nays:
�lote: A certified copy of this resolution must be included with the grant application.
A:GPI7
TO
FROM Wayne Zellmer, Grants Coordinator
John Jaschke, Wetlands Specialist
RE : General Permit 17 Grants
One West Water Street
Suite 200
St. Paul, MN 55107
(612) 296 -3767
Fax (612) 297 -5615
Field Offices
Northern Region:
394 S. Lake Avenue
Room 403
Duluth, MN 55802
(218) 723 -4752
Fax (218) 723 -4794
3217 Bemidji Avenue N.
Bemidji, MN 56601
(218) 7554235
Fax (218) 7554201
217 S. 7th Street
Suite 202
Brainerd, MN 56401 -3660
(218) 828 -2383
Fax (218) 828-6036
Southern Region:
Highway 15 S.
Box 756
New Ulm, MN 56073
(507) 359 -6074
Fax (507) 359 -6018
40 -16th Street SE
Suite A
Rochester, MN 55904
(507) 285 -7458
Fax (507) 280 -2875
Box 267
1400 E. Lyon Street
Marshall, MN 56258
(507) 537 -6060
Fax (507) 537 -6368
Metro Region:
One West Water Street
Suite 250
St. Paul, MN 55107
(612) 282 -9969
Fax (612) 297 -5615
An equal opportunity employer
The Board of Water and Soil Resources has approved your grant application
to be selected as one of the pilot local governments to implement General
Permit 17 (GP 17). Your application has been approved as follows:
Category 1 $ q, 000, O o
Category 2 $ I. S00 OD
Category 3 $ q, S00, O O
Total $ 10 , 000.00
Enclosed is your grant agreement for the total listed above. At this time you
need to do the following:
1. Obtain the appropriate signatures on page 3 under "Local
Governmental Unit."
2. Return the offal signed grant agreement to Mary Miller at the
BWSR Central Office.
3. Return the original or certified copy of resolution to Mary Miller
at the BWSR Central Office.
Your Board Conservationist will soon be in contact with you to develop a
workplan to implement GP 17 according to your grant application. If you
have any questions please contact your Board Conservationist.
b T � h S
�t �. rat `� >.,
1
E a UPI.
c: Board Conservationist
HOP17
Printed on recycled paper
I WR-01087-01 STATE OF MINNESOTA
MINNESOTA BOARD OF WATER AND SOIL RESOURCES
NATURAL RESOURCES BLOCK GRANT AGREEMENT
Trn. No.
FY
Account I.D.
DeptlDiv.
Sequence No.
Suffix
Object
Vendor
Type
Amount
40
5
958744
99780
-� 8
O1
. a
0 , 3( o - 7'70001
V
10 . 60
P c ase Terms
Class Code /Asst. No.
C.CD. 1
C.CD. 2
C.CD. 3
Cost Code 4
Cost Code 5
Type of Transaction RIA40 ❑ NA41
Date
Q(pd
Number
Entered By
❑ NA44 ❑ NA45 ❑ NA46
Date
Number
Entered By
'Amount $ 1 . o00. 0 0 Natural Resources Block Grant
Local Governmental Unit: C+
'Address: I 0PA
'Agreement Period: January 15, 1995 to January 15, 1997
THIS AGREEMENT is entered into between the State of Minnesota, acting by and through its Board of Water and Soil Resources, hereinafter
' referred to as the "Board ", and the above named Local Governmental Unit, hereinafter referred to as the "LGU ".
WHEREAS, the Minnesota Legislature, by Laws of Minnesota 1993, Chapter 172, sec. 6, established the Natural Resources Block Grant,
hereinafter referred to as the "NRBG ", to assist with the implementation of comprehensive local water plans, wetland conservation act (wca), shoreland
' programs, and county feedlot permit programs; and
WHEREAS, Minnesota Statutes 1036.101 subd. 9. (1), and 103B.3369, Subd. 5., and laws of Minnesota 1993, Chapter 172, sec. 6, and Laws
of Minnesota 1994, Chapter 632, article 2, sec. 3, authorize the Board to award grants; and
I WHEREAS, a LGU must meet the criteria established by statute and the Board to be eligible to receive NRBG grant funds; and
WHEREAS, the Board has determined the LGU to be eligible and has selected the LGU to participate in the NRBG; and
WHEREAS, the LGU has provided a certified copy of the LGU resolution authorizing the LGU's participation in the NRBG including the required
local match, attached hereto as Exhibit A.
NOW THEREFORE, it is agreed between the parties as follows:
'I. LGU DUTIES AND SPECIFIC PROGRAM REQUIREMENTS
The LGU is responsible for the specific duties for the NRBG, as follows:
' 1. TAX LEVY. The LGU's participation in the NRBG is conditioned upon LGU expenditure of cash and /or in -kind contributions to match the
NRBG as specified in Laws of Minnesota 1993, Chapter 172, sec. 6; and Chapter 632, article 2 sec. 3; and the Board grant allocation and
match requirements adopted by the Board.
' 2. REPORTING. The LGU shall submit an annual progress report to the Board by January 31 of each year on the status of program
implementation by the LGU. Information provided must conform to the requirements set by the Board.
3. COMPLIANCE. The LGU shall comply with Minnesota Statutes Section 103B.3361 through 1038.3369 (1990); and Minnesota Rules
Chapter 8405, Laws of Minnesota 1991, Chapter 354; as amended by Laws of Minnesota 1993, Chapter 175; Minnesota Rules Chapter 8420;
Minnesota Statutes Section 103F.201; Minnesota Rules Chapter 6120; and Laws of Minnesota 1994, Chapter 632, article 2, sec.3; and
amendments thereto, for comprehensive water planning, the wetland conservation act, the DNR shoreland management program, and the
county feedlot program.
4. WETLAND CONSERVATION ACT FUNDS TRANSFER. As required by the Board, the LGU's participation in the NRBG is conditioned
upon the transfer of a minimum $5,000 to the Soil and Water Conservation District (SWCD) for Wetland Conservation Act activities, as
agreed upon by the county and SWCD. This transfer must occur within 30 days of receipt of NRBG funds by the LGU.
II. PROGRAM APPLICATION
The LGU shall perform the duties and responsibilities described in the NRBG application, as approved by the Board, and on file at the Board office in
St. Paul, Minnesota. The approved application is incorporated into this Agreement by reference and made a part hereof.
111. GENERAL TERMS AND CONDITIONS
A. TERMS OF PAYMENT
1. Grant payments shall be made in one installment promptly after the effective date of this Agreement. The Board shall pay the Grant Amount
stated on page 1. The total obligation of the Board shall not exceed the Grant Amount.
2. Any state funds remaining unspent, unencumbered, or becoming unobligated after the expiration of the Agreement Period stated above
shall be returned to the Board within two months of the expiration of the Agreement Period.
3. State funds may not be used for costs incurred before or after the end of the Agreement Period stated above, unless approved by the
Board.
r
F1
4. Payment to the LGU is made under the condition that all work performed pursuant to this Agreement shall be performed to the
satisfaction of the Board and in accordance with all applicable federal and state laws, including rules and regulations, and local ordinances. ,
The LGU shall use the funds provided herein only for the purposes stated in the NRBG application, as approved by the Board, and this
Agreement.
B. PERIOD OF AGREEMENT. This Agreement shall be effective upon such date as it is executed as to encumbrance by the Commissioner '
of Finance, and shall remain in effect until the expiration of the Agreement Period stated above, or until all of the obligations set forth indt
Agreement have been satisfactorily fulfilled, whichever occurs first.
C. CANCELLATION AND REVOCATION '
1. The Board may cancel this entire Agreement forjust cause. "Just cause" means that the LGU or its designee is not disbursing grant funds
in accordance with established Board or state procedures, or has otherwise breached a term of this Agreement. The LGU may cancel this
Agreement with or without just cause. The Board or the LGU must give written notice 14 calendar days prior to cancellation. In the event of '
cancellation by the Board or LGU, the LGU is entitled to payment, determined on a pro rata basis, for eligible work satisfactorily performed
and the remaining grant funds must be promptly returned to the Board.
2. At the request of any state agency commissioner, the Board shall revoke and the LGU shall return to the Board that portion of the state I
funds used to support the NRBG not in compliance with the rules of that requesting agency.
D. ASSIGNMENT. The LGU shall neither assign nor transfer any rights or obligations under this Agreement without the prior written
consent of the Board, except for contracts with other local units of governments authorized by Section 1038.3369. The LGU may contract '
with others, including appropriate local units of government to perform the work specified in the Agreement. In all cases the LGU shall
remain responsible for the work it authorizes and /or contracts with others to perform, and, shall not delegate its responsibility under this
Agreement.
E. AMENDMENTS. Any amendments to this Agreement shall be in writing, and shall be executed by the Board and the LGU
F. COST OVERRUNS. The LGU agrees that any cost overrun is the sole financial responsibility of the LGU.
G. LIABILITY. The LGU agrees to indemnify and save and hold the Board, its agents, and employees, harmless from any and all claims or
causes of action arising from the performance of this Agreement by the LGU, its designated local units of government, contractors, agents,
or employees. This clause shall not be construed to bar any legal remedies a LGU may have for the Board's failure to fulfill its obligations
pursuant to this Agreement. This clause shall survive the expiration of the Agreement Period orthe expiration ortermination of this Agreement.
H. AUDITS. The books, records, documents, and accounting procedures and practices of the LGU and its designated local units of
government and contractors relevant to the NRBG, may be examined at any time by the Board or Board's designee. The LGU or designated
local unit of government implementing this Agreement shall provide for an audit that meets the standards of the Office of State Auditor. The
audit must cover the duration of the Agreement Period and be performed within one year after the end of the Agreement Period or when
routinely audited, whichever occurs first. Copies of the audit report must be provided to the Board. The LGU or delegated local unit of
government shall maintain all records relating to the receipt and expenditure of grant funds for six years from the termination of the Grant
Agreement.
I. AFFIRMATIVE ACTION. The LGU certifies that it is either exempt from obtaining a certificate of compliance from the Commissioner of
Human Rights pursuant to Minnesota Statutes Section 363.073, or has obtained said certificate.
L
J. NONDISCRIMINATION. Asa condition of receiving inancial support for the NRBG GRANTEE assures that it will meet all applicable
9 PP � PP
requirements of the Civil Rights Act of 1964, as amended, (including nondiscrimination on the basis of disability conditions) and, of any
applicable state civil rights statutes.
K. WORKERS COMPENSATION. The LGU assures that it has provided, or shall provide, acceptable evidence of compliance with the workers'
compensation insurance coverage requirement of Minnesota Statutes, Section 176.181, Subdivision 2 (1992).
' L. ANTITRUST. LGU hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and /or services provided in
connection with this Agreement resulting from antitrust violations which arise underthe antitrust laws of the United States and the antitrust laws
of the State of Minnesota.
' M. DATA PRIVACY ACT. The LGU agrees to indemnify and save hold the STATE, its agents and employees, harmless from any and all
claims or causes of action arising from a violation of any provision of Minnesota Statutes, Chapter 13.
' N. DATA COMPATIBILITY. The LGU shall prepare and maintain all information gathered as a result of this project in a format which is
compatible with the data systems employed by the principal information users of the State of Minnesota.
O. CAPITAL EQUIPMENT. The title for equipment purchased with the funding provided in this Agreement shall be taken in the name of the
State of Minnesota. The equipment will remain the property of the State for its useful life. After the Grant Period, the equipment may remain
in the custody of the LGU so long as it is used for the purposes of promoting and supporting the coordination of shoreland management, local
water plan implementation, the Wetland Conservation Act administration program activities and the county feedlot permit program. The State
may take possession of the equipment at which time it ceases to be used for the intended purpose and at such time as it becomes necessary
to use it for State purposes.
' IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound
thereby.
LOCAL GOVERNMENTAL UNIT
APPROVED:
' LGU
BY ITS LGU
' BOARD OF COMMISSIONERS
By: By:
t Title: Chairperson Title: LGU Auditor /Administrator
Date: Date:
Attachments: Exhibit A - Certified copy of LGU Resolution authorizing the LGU's participation in the NRBG A:NRBr
STATE OF MINNESOTA
APPROVED AS TO FORM AND EXECUTION
COMMISSIONER OF FINANCE
BY THE ATTORNEY GENERAL
Encumbered Department of Finance
By.
By:
'
Assistant Attorney General
'
Date:
Title:
Date:
'
BOARD OF WATER AND SOIL RESOURCES
By:
'
Title:
'
Date:
Attachments: Exhibit A - Certified copy of LGU Resolution authorizing the LGU's participation in the NRBG A:NRBr
I +,W 9,
TO
FROM : Wayne Zellmer, Grants Coordinator ,
John Jaschke, Wetlands Specialist
RE : General Permit 17 Grants '
One West Water Street
Suite 200
St. Paul, MN 55107
The Board of Water and Soil Resources has approved your grant application
(612) 296-3767
to be selected as one of the pilot local governments to implement General
Fax (612) 297 -5615
Permit 17 (GP 17).
Your application has been approved as follows:
Field Offices
is E d 41
Northern Region:
Category 1
$ q , 000, O o
394 S. Lake Avenue
Category 2
$ I, app, ob
Room 403
Category 3
$ y sop. o r)
Duluth, MN 55802
(218) 723 -4752
Total
$ 10
- - r
Fax (218) 723 -4794
An equal opportunity employer MGM
3217 Bemidji Avenue N. Enclosed is your grant agreement for the total listed above. At this time you
Bemidji, MN 56601 need to do the following:
(218) 755 -4235
Fax (218) 755 -4201 1. Obtain the appropriate signatures on page 3 under "Local
217 S. 7th Street Governmental Unit."
Suite 202
Brainerd, MN 56401 -3660
(218) 828 -2383 2. Return the original signed grant agreement to Mary Miller at the
Fax (218) 828 -6036 BWSR Central Office.
Southern Region:
Hi 15 S. 3. Return the original or certified copy of resolution to Mary Miller
Box 756 at the BWSR Central Office.
New Ulm, MN 56073
(507) 359 -6074
Fax (507) 359 -6018 Your Board Conservationist will soon be in contact with you to develop a
40 -16th Street SE workplan to implement GP 17 according to your grant application. If you
Suite A have any questions please contact your Board Conservationist.
Rochester, MN 55904
(507) 285 -7458
Fax (507) 280 -2875
Box 267
1400 E. Lyon Street
Marshall, MN 56258
(507) 537 -6060
Fax (507) 537 -6368
is E d 41
Metro Region:
It �' ; ;jr iijfili 5
One West Water Street
Suite 250
`�C�I�V
St. Paul, MN 55107
(612) 282 -9969
Fax (612) 297 -5615
.l
c: Board Conservationist
An equal opportunity employer MGM
Printed on recycled paper
I WR-01087-01 STATE OF MINNESOTA
MINNESOTA BOARD OF WATER AND SOIL RESOURCES
NATURAL RESOURCES BLOCK GRANT AGREEMENT
Trn. No.
FY
Account I.D.
Oept.,
Sequence No.
Suffix
Object
Vendor
Type
Amount
JAII
5
958744
99780
J9 E &
01
a
Q
- 7 - 10001
V
10 00 0. 60
Purchase Terms
Class Code /Asst. No.
C.CD. 1
C.CD. 2
C.CD. 3
Cost Code 4
Cost Code 5
Type of Transaction XNA40 ❑ NA41
Date
Q O $
Number
10 0
Entered By
j( -,
1:1 NA44 El NA45 El NA46
Date
Number
Entered By
'Amount $ 1 O C) 00. 00 Natural Resources Block Grant
Local Governmental Unit: • kt_1 CIA,
'Address: ( LIVA
'Agreement Period: January 15, 1995 to January 15, 1997
THIS AGREEMENT is entered into between the State of Minnesota, acting by and through its Board of Water and Soil Resources, hereinafter
,referred to as the "Board ", and the above named Local Governmental Unit, hereinafter referred to as the "LGU ".
WHEREAS, the Minnesota Legislature, by Laws of Minnesota 1993, Chapter 172, sec. 6, established the Natural Resources Block Grant,
hereinafter referred to as the "NRBG ", to assist with the implementation of comprehensive local water plans, wetland conservation act (wca), shoreland
' programs, and county feedlot permit programs; and
WHEREAS, Minnesota Statutes 1036.101 subd. 9. (1), and 103B.3369, Subd. 5., and laws of Minnesota 1993, Chapter 172, sec. 6, and Laws
of Minnesota 1994, Chapter 632, article 2, sec. 3, authorize the Board to award grants; and
I WHEREAS, a LGU must meet the criteria established by statute and the Board to be eligible to receive NRBG grant funds; and
WHEREAS, the Board has determined the LGU to be eligible and has selected the LGU to participate in the NRBG; and
WHEREAS, the LGU has provided a certified copy of the LGU resolution authorizing the LGU's participation in the NRBG including the required
local match, attached hereto as Exhibit A.
NOW THEREFORE, it is agreed between the parties as follows:
'I. LGU DUTIES AND SPECIFIC PROGRAM REQUIREMENTS
The LGU is responsible for the specific duties for the NRBG, as follows:
' 1. TAX LEVY. The LGU's participation in the NRBG is conditioned upon LGU expenditure of cash and /or in -kind contributions to match the
NRBG as specified in Laws of Minnesota 1993, Chapter 172, sec. 6; and Chapter 632, article 2 sec. 3; and the Board grant allocation and
match requirements adopted by the Board.
' 2. REPORTING. The LGU shall submit an annual progress report to the Board by January 31 of each year on the status of program
implementation by the LGU. Information provided must conform to the requirements set by the Board.
' 3. COMPLIANCE. The LGU shall comply with Minnesota Statutes Section 103B.3361 through 1036.3369 (1990); and Minnesota Rules
Chapter 8405, Laws of Minnesota 1991, Chapter 354; as amended by Laws of Minnesota 1993, Chapter 175; Minnesota Rules Chapter 8420;
Minnesota Statutes Section 103F.201; Minnesota Rules Chapter 6120; and Laws of Minnesota 1994, Chapter 632, article 2, sec.3; and
amendments thereto, for comprehensive water planning, the wetland conservation act, the DNR shoreland management program, and the
county feedlot program.
4. WETLAND CONSERVATION ACT FUNDS TRANSFER. As required by the Board, the LGU's participation in the NRBG is conditioned
upon the transfer of a minimum $5,000 to the Soil and Water Conservation District (SWCD) for Wetland Conservation Act activities, as
agreed upon by the county and SWCD. This transfer must occur within 30 days of receipt of NRBG funds by the LGU.
II. PROGRAM APPLICATION
The LGU shall perform the duties and responsibilities described in the NRBG application, as approved by the Board, and on file at the Board office in
St. Paul, Minnesota. The approved application is incorporated into this Agreement by reference and made a part hereof.
111. GENERAL TERMS AND CONDITIONS
A. TERMS OF PAYMENT
1. Grant payments shall be made in one installment promptly after the effective date of this Agreement. The Board shall pay the Grant Amount
stated on page 1. The total obligation of the Board shall not exceed the Grant Amount.
2. Any state funds remaining unspent, unencumbered, or becoming unobligated after the expiration of the Agreement Period stated above
shall be returned to the Board within two months of the expiration of the Agreement Period.
3. State funds may not be used for costs incurred before or after the end of the Agreement Period stated above, unless approved by the
Board.
1
4. Payment to the LGU is made under the condition that all work performed pursuant to this Agreement shall be performed to the '
satisfaction of the Board and in accordance with all applicable federal and state laws, including rules and regulations, and local ordinances.
The LGU shall use the funds provided herein only for the purposes stated in the NRBG application, as approved by the Board, and this
Agreement.
B. PERIOD OF AGREEMENT. This Agreement shall be effective upon such date as it is executed as to encumbrance by the Commissioner '
of Finance, and shall remain in effect until the expiration of the Agreement Period stated above, or until all of the obligations set forth indi
Agreement have been satisfactorily fulfilled, whichever occurs first.
C. CANCELLATION AND REVOCATION '
1. The Board may cancel this entire Agreement for just cause. "Just cause" means that the LGU or its designee is not disbursing grant funds
in accordance with established Board or state procedures, or has otherwise breached a term of this Agreement. The LGU may cancel this
Agreement with or without just cause. The Board or the LGU must give written notice 14 calendar days prior to cancellation. In the event of '
cancellation by the Board or LGU, the LGU is entitled to payment, determined on a pro rata basis, for eligible work satisfactorily performed
and the remaining grant funds must be promptly returned to the Board.
2. At the request of any state agency commissioner, the Board shall revoke and the LGU shall return to the Board that portion of the state I
funds used to support the NRBG not in compliance with the rules of that requesting agency.
D. ASSIGNMENT. The LGU shall neither assign nor transfer any rights or obligations under this Agreement without the prior written
consent of the Board, except for contracts with other local units of governments authorized by Section 1038.3369. The LGU may contract '
with others, including appropriate local units of government to perform the work specified in the Agreement. In all cases the LGU shall
remain responsible for the work it authorizes and /or contracts with others to perform, and, shall not delegate its responsibility under this
Agreement.
E. AMENDMENTS. Any amendments to this Agreement shall be in writing, and shall be executed by the Board and the LGU
F. COST OVERRUNS. The LGU agrees that any cost overrun is the sole financial responsibility of the LGU.
G. LIABILITY. The LGU agrees to indemnify and save and hold the Board, its agents, and employees, harmless from any and all claims or
causes of action arising from the performance of this Agreement by the LGU, its designated local units of government, contractors, agents,
or employees. This clause shall not be construed to bar any legal remedies a LGU may have for the Board's failure to fulfill its obligations
pursuant to this Agreement. This clause shall survive the expiration of the Agreement Period or the expiration ortermination of this Agreement.
H. AUDITS. The books, records, documents, and accounting procedures and practices of the LGU and its designated local units of
government and contractors relevant to the NRBG, may be examined at any time by the Board or Board's designee. The LGU or designated
local unit of government implementing this Agreement shall provide for an audit that meets the standards of the Office of State Auditor. The
audit must cover the duration of the Agreement Period and be performed within one year after the end of the Agreement Period or when
routinely audited, whichever occurs first. Copies of the audit report must be provided to the Board. The LGU or delegated local unit of
government shall maintain all records relating to the receipt and expenditure of grant funds for six years from the termination of the Grant
Agreement.
I. AFFIRMATIVE ACTION. The LGU certifies that it is either exempt from obtaining a certificate of compliance from the Commissioner of
Human Rights pursuant to Minnesota Statutes Section 363.073, or has obtained said certificate.
0
J. NONDISCRIMINATION. As a condition of receiving financial support for the NRBG, GRANTEE assures that it will meet all applicable
requirements of the Civil Rights Act of 1964, as amended, (including nondiscrimination on the basis of disability conditions) and, of any
applicable state civil rights statutes.
K. WORKERS COMPENSATION. The LGU assures that it has provided, or shall provide, acceptable evidence of compliance with the workers'
' compensation insurance coverage requirement of Minnesota Statutes, Section 176.181, Subdivision 2 (1992).
L. ANTITRUST. LGU hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and /or services provided in
connection with this Agreement resulting from antitrust violations which arise underthe antitrust laws of the United States and the antitrust laws
of the State of Minnesota.
' M. DATA PRIVACY ACT. The LGU agrees to indemnify and save hold the STATE, its agents and employees, harmless from any and all
claims or causes of action arising from a violation of any provision of Minnesota Statutes, Chapter 13.
N. DATA COMPATIBILITY. The LGU shall prepare and maintain all information gathered as a result of this project in a format which is
compatible with the data systems employed by the principal information users of the State of Minnesota.
O. CAPITAL EQUIPMENT. The title for equipment purchased with the funding provided in this Agreement shall be taken in the name of the
' State of Minnesota. The equipment will remain the property of the State for its useful life. After the Grant Period, the equipment may remain
in the custody of the LGU so long as it is used for the purposes of promoting and supporting the coordination of shoreland management, local
water plan implementation, the Wetland Conservation Act administration program activities and the county feedlot permit program. The State
may take possession of the equipment at which time it ceases to be used for the intended purpose and at such time as it becomes necessary
to use it for State purposes.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound
' thereby.
LOCAL GOVERNMENTAL UNIT
APPROVED:
' LGU
BY ITS LGU
' BOARD OF COMMISSIONERS
By: By:
'
/Administrator
Title: Chairperson
Title: LGU Auditor
Date:
Date:
' APPROVED AS TO FORM AND EXECUTION
STATE OF MINNESOTA
COMMISSIONER OF FINANCE
BY THE ATTORNEY GENERAL
Encumbered Department of Finance
' By:
By:
Assistant Attorney General
' Date:
Title:
Date:
BOARD OF WATER AND SOIL RESOURCES
By:
' Title:
' Date:
Attachments: Exhibit A - Certified copy of LGU Resolution authorizing the LGU's participation in the NRBG A:NRBG
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