HomeMy WebLinkAbout95-139 C ~
CITY OF LAKEVILLE
• RESOLUTION
DATE: July 10, 1995 RESOLUTION NO: 95-139
MOTION BY: Harvey SECONDED BY: Johnson
RESOLUTION APPROVING NATURAL RESOURCES BLOCK GRANT
AGREEMENT
WITH THE STATE OF MINNESOTA'S
BOARD OF WATER AND SOIL RESOURCES
AND AUTHORIZING THE IMPLEMENTATION OF THE
GENERAL PERMIT 17 PROGRAM
REGULATORY SIMPLIFICATION
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WHEREAS, the State of Minnesota, acting by and through its Board of Water and Soil
Resources ("BWSR"), has authority to-award Natural Resources Block Grants for the purpose of
implementing the wetland conservation act, to local government pursuant to Laws of Minnesota
1993, Chapter 172, sec. 6, and Laws of Minnesota 1994, Chapter 632, sec. 3; and
WHEREAS, BWSR has determined that the City of Lakeville is eligible for a Natural
Resources Block Grant of up to $5,427.00 upon BWSR acceptance of the LGU's application and
the execution and delivery of a Grant Agreement; and
WHEREAS, the State of Minnesota and the City of Lakeville believe that wetland
regulatory simplification will provide benefits to its citizens and that this is best implemented on
the local level.
NOW, THEREFORE BE IT RESOLVED that the City Council:
1. Approves of the City of Lakeville entering into a Grant Agreement with the State
of Minnesota to receive state funds for the implementation of the administration of the wetland
conservation act, under the terms of the Grant Agreement and all statutory requirements; and
2, Authorized the expenditure of $5,427.00 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 Agreement; and
3. Agrees to implement the provisions of General Permit 17 as indicated on the
attached application.
BE IT FURTHER RESOLVED, THAT THE Mayor of the City of Lakeville is
authorized to execute the Grant Agreement together with all related documents.
DATED this 10th day of July, 1995.
CITY OF LAKEVILLE
By:
uane Zaun, May r
ATTEST:
Charlene Friedges, Cit Clerk
•
•
WR-01087-01 STAT1: OF MINNESOTA
~IlNNESOTA BOARD OF WATER AND SOIL RESOURCES
NATi1RAL RESOURCPS BLOCK GRMrf AGREEi/FJVT
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~ a ~ • ~ C ~ Natural Resources B`lo'ck Gr/a(n!t
Local Governmental Unit: ~.1~-~ ~ R-1~lK~C~(a
Address: 6'O 95
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Agreement Period: January 15, 1995 to January 15, 1997
THIS AGREEMENT is entered into between the State of Minnesota, acting by and through its Hoard of Water and Soil Resources, here:nafter
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), shareland
programs, and county feedlot permit programs: and
WHEREAS, Minnesota Statutes 1038.101 subd. 9. (1), and 1038.3369, Subd. 5., and laws of Minnesota 1993, Chapter 172, sec. 6, and Laws
~innesota 1994, Chapter 632, article 2, sec. 3, authorize L`te Board to award grants: and
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 ttte LGU to be eligible and has selected the LGU to parflcipate in the NRBG: and
WHEREAS, the LGU has provided a certified copy of the LGU resolution authorizing the LGU's par5cipation in the NRBG including the required
local matc:t, attached hereto as Exhibit A
NOW THEREFORE, it is agreed between the parties as follows:
L LGU DUTIES AND SPECIFIC PROGRAM REQUIREMENTS
The LGU is responsible for the specific duties for the NRBG, as follows:
i. 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 taws of Minnesota 1993, Chapter 172, sec. 6: and Chapter 632, article 2 sec. 3; and the Board grant agot:a5on 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 pregram
implementation by the LGU. Information provided must conform to the requirements set by the Board.
3. COMPLIANCE. T^e LGU shall corply with >Vlinnzseta Statutes Section 1038.3361 through 1038.3369 (1990): ar:d Minnesota Rules
C;taotzr 3x05, Laws or htinnescta 1991, Chapter 354; as amendzd by Laws of Minnesota 1993, Chapter 175; Minnesota Rules Chapter 4420:
hlirnese:a Statutes Se~ion 1C3F101; Minnesota Rules Chapter 6120; and Laws of Minnesota 1994, Chapter o32, article 2, sec.3: and
a-te^+dmenis thereto, far comprehensive water planning, the wetland conservation act, the DNR shoretand management program, and the
• wuny feedlot program.
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a. WETLAND CONSERVATION AC7 FUNDS TRANSFER. As required by the Board, the LGU's participation in the NRBG s cor,e:uene~
upon the transfer of a minimum 55.000 to the Sail and Water Conservation District (SWCD) for Wetland Conservation Act aCNities, as
agreed upon by the county and SWCD. This transfer must occur wthin 30 days of receipt of NRBG funds by the LGU.
II. PROGRAM APPLICATION
LGU shall perform the duties and responsibilities described in the NRBG application, as approved by the Board, and on file at the Board office ~n
Paul, Minnesota. The approved application is incorporated into this Agreement by reference and made a part hereof.
III. 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 an page 1. The total obligatidn of the Board shall not exceed the Grant Amount
2. Any state funds remaining unspent, unencumbered, or becoming unobl'gated 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. ~y the
Board.
4. Payment to the LGU is made under the conddion that all work performed pursuant to this Agreement shall be performed to the
satisfaction of the Board and in accordance with alf applicable federal and state laws, incuding rules and regulations, and local ordinances.
The LGU shall use the funds provided herein only for the purposes stated in the NRBG app6wtion, 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 in~t
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, #or 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
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 cont,~aC.
with others, including appropriate local units of government to perform the work specfied in the Agreement In all cases the LGU shall
remain responsible for the work R 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 ortemtination of this Agreement.
H. AUDITS. The books, records, documents, and accounting procedures and practices of the LGU and its designated total 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 retards relating to the receipt and expenditure of grant funds for six years from the termination, of the Grar,t
Agreement
1. AFFIRMATIVE ACTION. The LGU certfies that R is eRher 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.
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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 Ad of 1964, as amended, (including nondiscrimination on the basis of disability conditions) and., of any
app?'~cable state civil rights statutes.
K. WORKERS COMPENSATION. The LGU assures that it has provided, or shag 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 under the antitrust laws of the United States and the antitrust laws
of the State of Minnesota.
M. DATA PRNACY ACT. The LGU agrees to indemnify and save hokf 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 shag prepare and maintain all information gathered as a result of this project in a format which is
compatible with the data systems empbyed by the principal information users of the State of Minnesota.
O. CAPITAL EDUIPMENT. 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 wiU remain the property of the State for its useful I'rfe. After the Grant Period, the equipment may remain
in the custody of the LGU so bng as it is used for the purposes of promoting and supporting the coordination of shoreland management, bcal
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 d 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:
City of Lakeville LGU
BYI7S LGU
BOARD O OMMISSIONERS
LZ.- By:
wane Zaun Charlene riedg
Title: May°r Title: City Clerk
Date: July 10, 1995 Date: July 10, 1995
STATE OF MINNESOTA
APPROVED AS TO FORM AND DCECUTION 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:
ate:
Attachments: Exhibit A -Certified copy of LGU Resolution authorizing the LGU's participation in the NRBG
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