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04-01-2024 Council Work Session Packet
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04-01-2024 Council Work Session Packet
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4/5/2024 1:20:49 PM
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4/3/2024 3:32:23 PM
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City Council
Council Document Type
Council Packet
Meeting Date
04/01/2024
Council Meeting Type
Work Session Regular
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DR <br />A <br />F <br />T <br />COST‐SHARE AGREEMENT <br />RICE CREEK WATERSHED DISTRICT and [ ] <br />Centerville Lake Internal Phosphorus Load ReducƟon Project <br />A.The Rice Creek Watershed District (RCWD) and ___________ enter into this agreement to facilitate <br />RCWD performance of the Centerville Lake Internal Phosphorus Load ReducƟon Project (“Project”), <br />intending it to be legally binding. <br />B.The Project will provide for the in‐lake applicaƟon of aluminum sulfate (“alum”) to Centerville Lake, in <br />order to reduce sediment‐phosphorus release within the lake and improve water quality and clarity. The <br />Project plan provides for two applicaƟons, in 2024 and 2026. Between the two applicaƟons, RCWD will <br />collect sediment cores and use sediment chemistry data to refine the second dose. RCWD esƟmates that <br />the acƟvity will reduce phosphorus loading to Centerville Lake by 178 pounds annually, and will allow <br />the lake to transiƟon from impaired to unimpaired status. <br />C.RCWD applied to the State of Minnesota for a compeƟƟve Clean Water Fund (CWF) grant for the <br />Project, and has been awarded a grant in the amount of $954,500. The grant requires a local match in <br />the amount of 10 percent of the grant award. ___________ finds the Project to be in the public interest, <br />and wishes to contribute a part of the local match in order to advance the Project. <br />D.RCWD has retained a qualified and experienced engineering firm to determine dosage and prepare <br />specificaƟons for the Project and to monitor the applicaƟon.RCWD is prepared shortly to issue a request <br />for quotes and to contract for applicaƟon in Spring 2024. <br />ACCORDINGLY: <br />1.RCWD will maintain contracts with the engineer and applicator, and will be responsible to implement <br />the Project, make all judgments in the performance of the Project, and make all payments due to the <br />engineer and applicator. RCWD will be responsible to conform to the CWF grant agreement and will <br />receive all payments thereunder for Project use. <br />2.When the work under the applicator’s contract is completed, RCWD will provide to ____________ an <br />accounƟng of: (a) RCWD payment under the engineer’s and applicator’s contracts; (b) the amount of <br />grant funds received; and (c) the amount of the RCWD payment to the engineer and applicator not <br />covered by grant funds (“local share”). Within 30 days of receiving the accounƟng, ____________ will <br />disburse to RCWD an amount equal to 22.6 percent of the local share or $35,000, whichever is less. <br />3.This agreement is not a joint powers agreement within the meaning of Minnesota Statutes §471.59 <br />and neither party agrees to be responsible for the acts or omissions of the other party within the <br />meaning of subdivision 1a(a) of that statute. Each party is responsible for its own acts and omissions to <br />the extent authorized by law. This agreement creates no right in any third party, and waives no <br />immunity, defense or liability limit with respect to any third party or the other party to the agreement. <br />Only contractual remedies are available for the failure of a party to fulfill the terms of the agreement. <br />7
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