Title
Resolution Authorizing Partnership Agreement with Capital Region Watershed District
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WHEREAS, the City, through its NSP, is acquiring and redeveloping foreclosed and vacant properties within targeted areas in the City of St. Paul using funding provided by the U.S. Department of Housing and Urban Development and the Minnesota Housing Finance Agency; and
WHEREAS, the City seeks CRWD's assistance in preparing landscape plans for NSP properties that include stormwater BMPs, such as rain gardens, swales, and rain barrels, to minimize stormwater volume from the whole property and improve stormwater quality; and
WHEREAS, CRWD has a Stewardship Grant Program for Saint Paul residents and other entities residing or working in CRWD that provides technical design assistance and cost-share grants as defined by CRWD's 2010 Watershed Management Plan; and
WHEREAS, the goals of CRWD's Stewardship Grant Program include improving water quality by decreasing and/or treating stormwater runoff from residential properties in CRWD; and
WHEREAS, CRWD and the City seek to minimize stormwater runoff from NSP properties and improve water quality of the Mississippi River; and
WHEREAS, CRWD and NSP have engaged in a pilot phase of the partnership to integrate stormwater BMP into NSP site design, resulting in 15 landscape plans created in 2011 for NSP properties that will be implemented in 2012; and
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
1. CRWD will prepare, at CRWD's cost, up to 40 new landscape plans in 2012 (and each year this agreement is renewed) for NSP properties that shall include stormwater BMPs, such as rain gardens, swales, and rain barrels, as well as general, non-stormwater BMP landscaping features. The City shall implement up to 40 new landscape plans created in 2012 (and any renewal year) as well as up to 30 existing landscape plans created in 2011. CRWD shall reimburse the City for the construction costs (material and labor) associated with stormwater BMPs prepared by CRWD in 2011 and 2012 on each NSP property not to exceed $1,000 per property. The City shall be responsible for the costs associated with the general, non-stormwater BMP landscaping features of the NSP properties. Upon completion of each NSP property the City will submit a payment request to CRWD payable in full within sixty (60) days of the billing date. The City reserves the right to decide which properties within the NSP area will become part of this CRWD Program.
2. The City agrees to maintain records and costs pertaining to the CRWD Program in accordance with Minnesota statutes and relevant internal record keeping and accounting procedures.
3. This Agreement shall be in effect for a one (1) year term beginning January 1, 2012. Provided that this Agreement shall automatically be renewed for successive one (1) year periods unless either party gives the other party written notice of intent not to renew at least sixty (60) days prior to the end of the current term.
4. Either party may terminate this Agreement upon ninety (90) days notice to the other party provided that CRWD shall remain responsible to pay the costs of those NSP properties which the City has implemented the landscape plans.
5. The City and CRWD agree to be responsible for their own acts and omissions and hold each other harmless from any and all claims, causes of action, lawsuits, judgments, charges, demands, costs and expenses including, but not limited to, interest involved therein and attorneys' fees and costs and expenses connected therewith, arising out of or resulting from the failure of either party to satisfy the provisions of this Agreement or for damages caused to other parties as a result of the manner in which the City or CRWD perform or fail to perform duties imposed on each party by the terms of this Agreement. Nothing herein shall be deemed a waiver of the statutory or common law limits of liability or immunities of either party.
6. It is understood and agreed by the parties hereto that this Agreement shall not be modified or amended except in writing duly signed by each of the parties.