2021-07-28 CC Packet - Laserfiche WebLink

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general permit, and to the terms of the procedures and protocols it has developed pursuant to the mandate of the general permit. The activities of District representatives under this paragraph will be performed solely under the District's authority. As between the District and the City, the District will be solely responsible for the proper training and site conduct of those representatives. b. CITY RESPONSIBILITIES: The City will inform the District of sites subject to City MS4 MCM 4 permits. The City will compensate the District for providing services pursuant to this Agreement at a rate of $55/hour. c. MUTUAL RESPONSIBILITIES: Each party will conduct inspections of active public construction sites within the City subject to its own permits and provide copies of inspection reports and related communications to each other. The parties will consult in noncompliance matters under paragraphs a and c, and each party will use its authorities, and support the similar effort of the other party, to best secure compliance and protect water resources. d. SCOPE: The District will provide up to 150 hours of inspection and compliance services to the City under this agreement. Services that support both District and City permit enforcement will be billed to the City at half time. e. RECORDS: The District and the City, on request of the other party, will share permit compliance and enforcement documents related to sites under this Agreement, consistent with the terms of the Minnesota Data Practices Act. E. MISCELLANEOUS a. EMPLOYEES. The City and the District represent that they have the personnel and resources to fulfill their responsibilities under of this Agreement. b. INDEMNIFICATION. Neither party under this Agreement assumes responsibility for the acts or omissions of the other within the meaning of Minnesota Statutes §471.59, subdivision 1a. Each party will hold the other harmless, and indemnify it, against any and all damages, liabilities, and costs (including reasonable attorney fees) to the extent resulting from its own negligent act or omission in its performance of this Agreement. Nothing in this Agreement diminishes, with respect to any third party, any immunity, defense or liability limit that the City or the District may enjoy under law. c. DATA PRIVACY. The parties will comply with the Minnesota Data Practices Act in their performance of this Agreement. Each party will consult with the other party before releasing data received from the other party that may be subject to a not-public classification. d. EFFECTIVE DATE. This Agreement is effective on the date it has been signed by the authorized representative of each party. e. TERMINATION. Either the City of the District may terminate this Agreement with or without cause by giving the other party thirty days written notice. IN TESTIMONY WHEREOF the parties have executed this agreement by their duly authorized officers. 2