01-923Retum copy to:
Real Estate Division
l40 City Hall
O�IGf �I�L
RESOLUTION
CITY OF SAlNT PAUL, MINNESOTA
Presented Sy
io
tt
12
13
ta
Referred To
Committee:
a�t
WHEREAS, the Minnesota Pollution Control Agency (MPCA) entered into a grant agreement with
the City to begin the implementation of a portion of the approved response action plan (RAP) at the Pig's
Eye dump (Phase n, and
WfIEREAS, the City of Saint Paul has submitted, and the MPCA has approved, a RAP for the Pig's Eye
Dump, and
WHEREAS, the MPCA has agreed to provide the City with additional funding to complete Phase I
through a joint powers agreement, a copy of which is attached hereto, now therefore be it
RESOLVED, the City of Saint Paul enter into the joint powers agreement with the MPCA, and be it
FURTHER RESOLVED, that Peter White, Valuation and Assessment Engineer, is hereby authorized
authorized to execute said agreement and any amendments thereto.
Requested by Department of:
Technoloev & Mana¢ement 5ervices
�
r
By:
Director
Form Approved by City Attorney
By: 7'.."v7�. l✓/ �/a Y- �!
BY� ��, �--
Approved by Mayor:
By: �
Approved by Mayor for Submission to Council
By: u
Council File # Ot-413
Green Sheet # 111589
Adopfio` Certified by Council Secretary
_ �
o �-9a.�
- T.M.�.A2EfiL ESTATE DIVISION Date: Angust 25, 2001 Green Sheet Number: lllss9
ontac[ Person aod Phone Nom6er. 2 EPAR'[MEM DII2ECiOR 4 L7TY COUNCII.
Peter White 266-8853 1 ^ " a �'. t�t •S� `z'E'u`
UDGEl DL2ECI'OR FFiCE OF FINANCIAI. SVCS
as[ be on Council Agenda by: 3 YOR (ORnSSIITaNY)
aECh Center
OTAL # OF SIGNATURE PAGES 1 �ci,ir au. Loca�noNS Fox sicivaTUxe>
�oN �Q��: �,t�6. � 7
, Approval of a joint powers agreement between the Minnesota Pollution Control Agency
(MPCA) and the City to fund the comple6on of the Phase I clean np action at the old Pigs's Eye
DumP• - � _ ._ ._� - -•
� OMMENDAT(ONS: AYPROVE (A) OR REJECI (R) ERSONAL SERVICE CONTRAGTS M[1ST ANSWER THE FOLLOWING:
. Has the persodfirm ever worked under a mntraM for this departmenY.' YES NO
. e�,�,vnmccoM�ss�ox A srnt�'
. Aas this person/firm ever been a CiTy employee? YES NO
' CIVII.SERVICECOMhllS510N
. Does this persou/tirm possess a sldll not normally poss¢ssed by any YES NO
Cm CoM,�urree wrrent City employee?
Ex lain all YES answers on a se arate sheet and attach.
UPPORTS WHICH COUNCII, OBJECTIVE?
- COUNCIS, WARD(S) / DISTRICT PLANNING COUNCIL �
� ITiATING PROBLEM, ISSUE, OPPOR'F[JNI7'P (Who, What, When, Where, Why?):
�
� The State granted the City funds to begin the implementafion of the Response Action Plan (RAP)
at the old Pig's Eye dump (Phase n. In order to complete Phase I additional funding is needed.
The MPCA has agreed to give the City the additional funding.
' VANTAGES IF APPROVED:
The City will complete the phase I clean up of the Pig's Eye Dump site.
ISADVANTAGES IF APPROVED:
RFrFtV�4
None
, AUG 2 4 20�1
ISADVANTAGES IF NOT APPROVED:
The opportunity to use this money will be lost. MA`!OR'S OFFICE
' OTAL AMOUNT OF TRANSACTION: $2SO�OOO COST/REVENUE BUDGETED (CII2CLE ONE) YES NO
nvc souxcE: State grant A�Tn'rr� N�J"�BER:
- INANCIAL INFORMATION: (EXPLAIN)
4i
_ 08/22/2001 16:10 FA% 6512969707 MN. POLLUTION CONTROL � 002
Ol•�'i
30TNT �'OWERS A,GREEMENT
BET�'EEN �HE
MIlVNESO'�A PDX.LU'I'ION CONTROL AGENC'X
AND THE CTTY OF SAINT PAUL
'this 7oint Powers Agreeme� ("Agreement'� is between che State of Mannesota, acting through
its Pollurion Contro] Agency ("State"), aud the City of Saint Paul ("Govemmental Unit")_
Rccitals
A. Under Minn. Stat. § 471.59, subd_ 10, the Stare and the Govemmental Unit are empowered to
enter into }omt powers ageements.
B. The State is authorized under Miim. Stat. § 115B:17 to.take response actions to protect public
health and welfare and the environment from releases of hazardous substanees, po]lutants ar
contaminants, as those terms aze defwed in the Mint�esota Bnvironmental Response and Liability Act,
Minn. Stat §y 11SD.01-I15B.24. The State is further authorized under Minn. Stat. § 473.845, subd.
3(4), as amended by Minn. T.aws 2001 Special Session, ch. 2, sec. 14'7 ("M�CAT Appropriation"), to
spend money appropriated 5rom tlie Metropolitan I.andfill Contingency Action Trust for response actions
at facil�ties such as the Pigs Eye Duinp in Saint Paul.
C. The Govemmental Unit is authnrized by law and city charter to engage in public works to
promote the health and safery of its citizens, and has entered a grant agreement with the State vnder Nlinn.
Stat. § 115B.17, subd_ 19, effective on June 21, 2000 ("Gxant Ag'eemenY'), by whicli the Govemmental
Unit has agreed to perform certain response actions approved by the State at the Pigs �ye Dump. T'he
Csavetnmental Unit is prepared to let a coniract .for performance of the response acEions set farth in the
Grant Ageemenw Iiowever, the cost of completin� all work under the contract exceeds the remaining
funds available under the Grant Agreement.
D. The State desires that the Govercumental Unit compiete all of the response actions set fvrth in the
Grant Ageement and desires to make available up to an additional $250,000 for this purpose from the
appropziafiion available to the State from the MLCAT Appropriation.
Agreement
1. Term of Agreement
1.1 Effective date. This Ageement is effecti*re on the date wfien al] required signatuzes have
been obtained under Minnesob Smtutes Section 16C.05, subdivision 2.
1.2 .�xpiration date. June 30, 2002, or until all obligarions havc been satisfactorily fvlfilled,
whichever occurs first.
2_ Agteement becween the Rsrties
OS/22/2001 16:11 FA% 6512969707_ MN. POLLIITION CONTROL (�j003
_ � �.177
Ageement, esecuted and approved by the same parties who executed and approved this agreement,
or iheir succeswrs in office.
5 2 ,qmendrrrenu Any amendment to this agreement must be in writing and will not be
effecfive nntil it has been execufed and approved by the same parties who executed and appcoved the
orig�I ag�'eement, or their successncs in ofhce.
5.3 R'aive� Xf the STate fails to enforce any provision of this a�reement, that failure does not
waive the grovision ar its right to enfarce it.
5.4 Conuact Complete. This agreement contains all negotiations and agreements between
the State and fhe Governmenfal '(Jnit. No other understanding regazding this agreement, whethet written
or oral, may be vscd to buid either pazty-
6. Liabilirty
The Govemmental Unit will indemnify, save, and hold the State, its agents, and employees
hazmless from any claims or causes of action, including artomey's fees incurred by the State, arising from
the perfozmance of this agrcement by the Govemmental Unit or the Govemmental Unit's agents or
emplayees. This ctause will not be construed to baz any legzl remedies the Governmental Unit may have
for the State's failure to fulfill its obligations undec this agreement. •
7. State Audifs
Under Minn. Stat. § 16C.05, subd_ 5, the Govenvnental UniYs books> records, documents, and
accounting procedures and pracrices relcvant to this ageement aze subject to examination by the State
and/pt the State Auditor or Legislative Audifor, as appzopriate, for a minimum o£ s"vc years &om the
end of tivs ageement.
8. Gooernment Data Practices
The Governmental Unit and State must comply with the Minnesota Government Data Pxactices
Act, Ivlinn. Sta� eh. ] 3, as it applies to all data provided by the State under this ageement, and as it
agplies to all data created, collected,'rectived, stored, u'sed, maintained, or disseminated by the
Govemmental Unit under this agrcement. Ihe civi) remedies of Minn. Stat. § 13.08 apply to the release
of the data referred m in this clause by either the Govemmental Unit or the State.
9. '�'enue
Veaue foz all legal proceedings arising out of tlris agreement, or its breach, must be in the State
District Court for Ramsey County, Mmnesota.
10. Termination
10.1 Terminatinn. The State or the Governmental Unit may teiminate this Ageement at any
rime, vrith or without cause, upon 30 days' written norice to the other pacty.
10.2 Terminatson for Insuffcient Fuading 'Ihe Sratc may immediately kerminate this
Agreement i£ iY dces not obtain funding from the Minnesota Legislature, or other funding souree; or if
funding cannot be corrtinued at a leve] sufficient to allow for the payment of its obligations under this
08/22/2001 16:11 FA% 6512969707 MN. POLLUTION CONTROL I�jo04
o �.q�a
2,1 �reement of the State To the extem that the amotiurt S*azrted by MPCA to the
Gvvcrnmental Unit under the Grant Agreernent is insufficient to pay for atl of the response action work
performed by the City at the Pigs �e Iandfill in accordaace with the tcrms and condiuons of the Grant
Ageernent, ihe SYate agxees to provide up to $250,000 from the MLCAT Appmpriation to the
Govemmental Unit for payment of the such response action costs.
2,2 Agr¢ement of she GovernmentaZ Unit The Govemmental Unrt agrees to use the amount
received from the Staxe undec this Agreement to provide for the peiformance of response actions at the
Pigs �ye LandfiA in accordance with the terms and conditions of die ('rrant A,cpreement. A copy of the
Grant Ageement is attached to this Agreernent.
3. Yayment
Ihe total obligation of the State under this ageement wzll not eatceed $250,000. The State agrees
to pay its obligation under this A�reennent to the Govemmental Unit within 30 days after completion of
all r€sponse actions as described in the Grazzt Agreement to the satisfaccion of the Srate's authorized
repmsentative_
4_ Authorized Representati�es
4.1. The State's authorized sepresentative for this Agreemcnt is:
Bruce Brott, Remediat9on k�ognm Supervisor
Minnesota Pollution Control Agency
520 Lafayette Road, St. Paul, MN 55155
telephone: 651-297-8350
£ar.; 651-296-9707
The State may desi�ate a difPerent auchorized representative by informing the Govemmental Unit's
authorized representative in wrieing of the aame and ot7ner infoimation of the new authorized
representative.
4.2 7he Governmental Unit's authorized represe»tative for this Agrecment is:
Petes Wb3te, Righ4-of-Way Engineer
City of St Paul
Department of Pinance and Management Services
140 City Hall, St. Paul, MN 55102
telephone: 651-266-8550
£ax: 651-266-8555
The Govcsnmental Unit may designate a different authorized mpresentaiive by informing the State's
autharized representafive in writing of fhe name and othes information of the new authorized
representative.
5_ Assignmeqt, Amendments,'�'aivcr, and Cont1 Complete
5_1 Assignment The Govemmzratal Unit may neither assign nor �ansfer any rights or
obligations tmder this agceement without the prior consent ofthe State and a fu]Iy executed.4ssigiment
O8/22/2001 16:11 FA% 6512969707 _ MN. POLLUTION CONTROL �005
D � •��3
Ageement. Tetrninahon is effective upon receipt of vmtten notice, including faX noSice, lry the
Govemmental Unit.
7 0.3 Payraent for Work PerfoimerL "Il�e Sfate is not nbligated to pay for azry `x'ork performed
after the effective date of tennination- Am*'e"er, the Govemmentat Unit will be entitled to payment,
dete�mined on a pro rata basis, for wotk saSisfactorily perfosmed priot to notice and cffecti�e date of
temiination, to the extent that fimds aze availabla
10_4 No Assessraent u.f 1'enalt3'. The State will not be assessed any penaltY or aamages if this
Agreement is terminatedbecause.of the decision of the Minnesota Legislature m redvice or eliminate the
MLCAT appmpriation- The State ID� Pro�nde the Go�emmental Unit notice o£ the lack of fimding
wilhin a reasonable time of the State's receiving that notice.
I'I' IS SO AGRE�D:
STATE ENCUMBRANCE �'EIUFICATION:
Individual certifios thaz funds ha�c bee� encumbered i��
as requircd by Minn. Stat �§ 16tL15 and 16C.OS.
MpVD7ESOTA POLLUT[ON CONTROL AGF.]�CX
Ksrrn A Studders, Commfssioncr ' Datc
CiTY OF SAINT YAi3L
Datc
CpMP�5S10NER OF ADMiNTSTRATION
(or de]ega[e)
Date
ATTO]RNEY GENERAL
,qs eo fonn and ezecution
Date
AG' S02867,v. Ol
Retum copy to:
Real Estate Division
l40 City Hall
O�IGf �I�L
RESOLUTION
CITY OF SAlNT PAUL, MINNESOTA
Presented Sy
io
tt
12
13
ta
Referred To
Committee:
a�t
WHEREAS, the Minnesota Pollution Control Agency (MPCA) entered into a grant agreement with
the City to begin the implementation of a portion of the approved response action plan (RAP) at the Pig's
Eye dump (Phase n, and
WfIEREAS, the City of Saint Paul has submitted, and the MPCA has approved, a RAP for the Pig's Eye
Dump, and
WHEREAS, the MPCA has agreed to provide the City with additional funding to complete Phase I
through a joint powers agreement, a copy of which is attached hereto, now therefore be it
RESOLVED, the City of Saint Paul enter into the joint powers agreement with the MPCA, and be it
FURTHER RESOLVED, that Peter White, Valuation and Assessment Engineer, is hereby authorized
authorized to execute said agreement and any amendments thereto.
Requested by Department of:
Technoloev & Mana¢ement 5ervices
�
r
By:
Director
Form Approved by City Attorney
By: 7'.."v7�. l✓/ �/a Y- �!
BY� ��, �--
Approved by Mayor:
By: �
Approved by Mayor for Submission to Council
By: u
Council File # Ot-413
Green Sheet # 111589
Adopfio` Certified by Council Secretary
_ �
o �-9a.�
- T.M.�.A2EfiL ESTATE DIVISION Date: Angust 25, 2001 Green Sheet Number: lllss9
ontac[ Person aod Phone Nom6er. 2 EPAR'[MEM DII2ECiOR 4 L7TY COUNCII.
Peter White 266-8853 1 ^ " a �'. t�t •S� `z'E'u`
UDGEl DL2ECI'OR FFiCE OF FINANCIAI. SVCS
as[ be on Council Agenda by: 3 YOR (ORnSSIITaNY)
aECh Center
OTAL # OF SIGNATURE PAGES 1 �ci,ir au. Loca�noNS Fox sicivaTUxe>
�oN �Q��: �,t�6. � 7
, Approval of a joint powers agreement between the Minnesota Pollution Control Agency
(MPCA) and the City to fund the comple6on of the Phase I clean np action at the old Pigs's Eye
DumP• - � _ ._ ._� - -•
� OMMENDAT(ONS: AYPROVE (A) OR REJECI (R) ERSONAL SERVICE CONTRAGTS M[1ST ANSWER THE FOLLOWING:
. Has the persodfirm ever worked under a mntraM for this departmenY.' YES NO
. e�,�,vnmccoM�ss�ox A srnt�'
. Aas this person/firm ever been a CiTy employee? YES NO
' CIVII.SERVICECOMhllS510N
. Does this persou/tirm possess a sldll not normally poss¢ssed by any YES NO
Cm CoM,�urree wrrent City employee?
Ex lain all YES answers on a se arate sheet and attach.
UPPORTS WHICH COUNCII, OBJECTIVE?
- COUNCIS, WARD(S) / DISTRICT PLANNING COUNCIL �
� ITiATING PROBLEM, ISSUE, OPPOR'F[JNI7'P (Who, What, When, Where, Why?):
�
� The State granted the City funds to begin the implementafion of the Response Action Plan (RAP)
at the old Pig's Eye dump (Phase n. In order to complete Phase I additional funding is needed.
The MPCA has agreed to give the City the additional funding.
' VANTAGES IF APPROVED:
The City will complete the phase I clean up of the Pig's Eye Dump site.
ISADVANTAGES IF APPROVED:
RFrFtV�4
None
, AUG 2 4 20�1
ISADVANTAGES IF NOT APPROVED:
The opportunity to use this money will be lost. MA`!OR'S OFFICE
' OTAL AMOUNT OF TRANSACTION: $2SO�OOO COST/REVENUE BUDGETED (CII2CLE ONE) YES NO
nvc souxcE: State grant A�Tn'rr� N�J"�BER:
- INANCIAL INFORMATION: (EXPLAIN)
4i
_ 08/22/2001 16:10 FA% 6512969707 MN. POLLUTION CONTROL � 002
Ol•�'i
30TNT �'OWERS A,GREEMENT
BET�'EEN �HE
MIlVNESO'�A PDX.LU'I'ION CONTROL AGENC'X
AND THE CTTY OF SAINT PAUL
'this 7oint Powers Agreeme� ("Agreement'� is between che State of Mannesota, acting through
its Pollurion Contro] Agency ("State"), aud the City of Saint Paul ("Govemmental Unit")_
Rccitals
A. Under Minn. Stat. § 471.59, subd_ 10, the Stare and the Govemmental Unit are empowered to
enter into }omt powers ageements.
B. The State is authorized under Miim. Stat. § 115B:17 to.take response actions to protect public
health and welfare and the environment from releases of hazardous substanees, po]lutants ar
contaminants, as those terms aze defwed in the Mint�esota Bnvironmental Response and Liability Act,
Minn. Stat §y 11SD.01-I15B.24. The State is further authorized under Minn. Stat. § 473.845, subd.
3(4), as amended by Minn. T.aws 2001 Special Session, ch. 2, sec. 14'7 ("M�CAT Appropriation"), to
spend money appropriated 5rom tlie Metropolitan I.andfill Contingency Action Trust for response actions
at facil�ties such as the Pigs Eye Duinp in Saint Paul.
C. The Govemmental Unit is authnrized by law and city charter to engage in public works to
promote the health and safery of its citizens, and has entered a grant agreement with the State vnder Nlinn.
Stat. § 115B.17, subd_ 19, effective on June 21, 2000 ("Gxant Ag'eemenY'), by whicli the Govemmental
Unit has agreed to perform certain response actions approved by the State at the Pigs �ye Dump. T'he
Csavetnmental Unit is prepared to let a coniract .for performance of the response acEions set farth in the
Grant Ageemenw Iiowever, the cost of completin� all work under the contract exceeds the remaining
funds available under the Grant Agreement.
D. The State desires that the Govercumental Unit compiete all of the response actions set fvrth in the
Grant Ageement and desires to make available up to an additional $250,000 for this purpose from the
appropziafiion available to the State from the MLCAT Appropriation.
Agreement
1. Term of Agreement
1.1 Effective date. This Ageement is effecti*re on the date wfien al] required signatuzes have
been obtained under Minnesob Smtutes Section 16C.05, subdivision 2.
1.2 .�xpiration date. June 30, 2002, or until all obligarions havc been satisfactorily fvlfilled,
whichever occurs first.
2_ Agteement becween the Rsrties
OS/22/2001 16:11 FA% 6512969707_ MN. POLLIITION CONTROL (�j003
_ � �.177
Ageement, esecuted and approved by the same parties who executed and approved this agreement,
or iheir succeswrs in office.
5 2 ,qmendrrrenu Any amendment to this agreement must be in writing and will not be
effecfive nntil it has been execufed and approved by the same parties who executed and appcoved the
orig�I ag�'eement, or their successncs in ofhce.
5.3 R'aive� Xf the STate fails to enforce any provision of this a�reement, that failure does not
waive the grovision ar its right to enfarce it.
5.4 Conuact Complete. This agreement contains all negotiations and agreements between
the State and fhe Governmenfal '(Jnit. No other understanding regazding this agreement, whethet written
or oral, may be vscd to buid either pazty-
6. Liabilirty
The Govemmental Unit will indemnify, save, and hold the State, its agents, and employees
hazmless from any claims or causes of action, including artomey's fees incurred by the State, arising from
the perfozmance of this agrcement by the Govemmental Unit or the Govemmental Unit's agents or
emplayees. This ctause will not be construed to baz any legzl remedies the Governmental Unit may have
for the State's failure to fulfill its obligations undec this agreement. •
7. State Audifs
Under Minn. Stat. § 16C.05, subd_ 5, the Govenvnental UniYs books> records, documents, and
accounting procedures and pracrices relcvant to this ageement aze subject to examination by the State
and/pt the State Auditor or Legislative Audifor, as appzopriate, for a minimum o£ s"vc years &om the
end of tivs ageement.
8. Gooernment Data Practices
The Governmental Unit and State must comply with the Minnesota Government Data Pxactices
Act, Ivlinn. Sta� eh. ] 3, as it applies to all data provided by the State under this ageement, and as it
agplies to all data created, collected,'rectived, stored, u'sed, maintained, or disseminated by the
Govemmental Unit under this agrcement. Ihe civi) remedies of Minn. Stat. § 13.08 apply to the release
of the data referred m in this clause by either the Govemmental Unit or the State.
9. '�'enue
Veaue foz all legal proceedings arising out of tlris agreement, or its breach, must be in the State
District Court for Ramsey County, Mmnesota.
10. Termination
10.1 Terminatinn. The State or the Governmental Unit may teiminate this Ageement at any
rime, vrith or without cause, upon 30 days' written norice to the other pacty.
10.2 Terminatson for Insuffcient Fuading 'Ihe Sratc may immediately kerminate this
Agreement i£ iY dces not obtain funding from the Minnesota Legislature, or other funding souree; or if
funding cannot be corrtinued at a leve] sufficient to allow for the payment of its obligations under this
08/22/2001 16:11 FA% 6512969707 MN. POLLUTION CONTROL I�jo04
o �.q�a
2,1 �reement of the State To the extem that the amotiurt S*azrted by MPCA to the
Gvvcrnmental Unit under the Grant Agreernent is insufficient to pay for atl of the response action work
performed by the City at the Pigs �e Iandfill in accordaace with the tcrms and condiuons of the Grant
Ageernent, ihe SYate agxees to provide up to $250,000 from the MLCAT Appmpriation to the
Govemmental Unit for payment of the such response action costs.
2,2 Agr¢ement of she GovernmentaZ Unit The Govemmental Unrt agrees to use the amount
received from the Staxe undec this Agreement to provide for the peiformance of response actions at the
Pigs �ye LandfiA in accordance with the terms and conditions of die ('rrant A,cpreement. A copy of the
Grant Ageement is attached to this Agreernent.
3. Yayment
Ihe total obligation of the State under this ageement wzll not eatceed $250,000. The State agrees
to pay its obligation under this A�reennent to the Govemmental Unit within 30 days after completion of
all r€sponse actions as described in the Grazzt Agreement to the satisfaccion of the Srate's authorized
repmsentative_
4_ Authorized Representati�es
4.1. The State's authorized sepresentative for this Agreemcnt is:
Bruce Brott, Remediat9on k�ognm Supervisor
Minnesota Pollution Control Agency
520 Lafayette Road, St. Paul, MN 55155
telephone: 651-297-8350
£ar.; 651-296-9707
The State may desi�ate a difPerent auchorized representative by informing the Govemmental Unit's
authorized representative in wrieing of the aame and ot7ner infoimation of the new authorized
representative.
4.2 7he Governmental Unit's authorized represe»tative for this Agrecment is:
Petes Wb3te, Righ4-of-Way Engineer
City of St Paul
Department of Pinance and Management Services
140 City Hall, St. Paul, MN 55102
telephone: 651-266-8550
£ax: 651-266-8555
The Govcsnmental Unit may designate a different authorized mpresentaiive by informing the State's
autharized representafive in writing of fhe name and othes information of the new authorized
representative.
5_ Assignmeqt, Amendments,'�'aivcr, and Cont1 Complete
5_1 Assignment The Govemmzratal Unit may neither assign nor �ansfer any rights or
obligations tmder this agceement without the prior consent ofthe State and a fu]Iy executed.4ssigiment
O8/22/2001 16:11 FA% 6512969707 _ MN. POLLUTION CONTROL �005
D � •��3
Ageement. Tetrninahon is effective upon receipt of vmtten notice, including faX noSice, lry the
Govemmental Unit.
7 0.3 Payraent for Work PerfoimerL "Il�e Sfate is not nbligated to pay for azry `x'ork performed
after the effective date of tennination- Am*'e"er, the Govemmentat Unit will be entitled to payment,
dete�mined on a pro rata basis, for wotk saSisfactorily perfosmed priot to notice and cffecti�e date of
temiination, to the extent that fimds aze availabla
10_4 No Assessraent u.f 1'enalt3'. The State will not be assessed any penaltY or aamages if this
Agreement is terminatedbecause.of the decision of the Minnesota Legislature m redvice or eliminate the
MLCAT appmpriation- The State ID� Pro�nde the Go�emmental Unit notice o£ the lack of fimding
wilhin a reasonable time of the State's receiving that notice.
I'I' IS SO AGRE�D:
STATE ENCUMBRANCE �'EIUFICATION:
Individual certifios thaz funds ha�c bee� encumbered i��
as requircd by Minn. Stat �§ 16tL15 and 16C.OS.
MpVD7ESOTA POLLUT[ON CONTROL AGF.]�CX
Ksrrn A Studders, Commfssioncr ' Datc
CiTY OF SAINT YAi3L
Datc
CpMP�5S10NER OF ADMiNTSTRATION
(or de]ega[e)
Date
ATTO]RNEY GENERAL
,qs eo fonn and ezecution
Date
AG' S02867,v. Ol
Retum copy to:
Real Estate Division
l40 City Hall
O�IGf �I�L
RESOLUTION
CITY OF SAlNT PAUL, MINNESOTA
Presented Sy
io
tt
12
13
ta
Referred To
Committee:
a�t
WHEREAS, the Minnesota Pollution Control Agency (MPCA) entered into a grant agreement with
the City to begin the implementation of a portion of the approved response action plan (RAP) at the Pig's
Eye dump (Phase n, and
WfIEREAS, the City of Saint Paul has submitted, and the MPCA has approved, a RAP for the Pig's Eye
Dump, and
WHEREAS, the MPCA has agreed to provide the City with additional funding to complete Phase I
through a joint powers agreement, a copy of which is attached hereto, now therefore be it
RESOLVED, the City of Saint Paul enter into the joint powers agreement with the MPCA, and be it
FURTHER RESOLVED, that Peter White, Valuation and Assessment Engineer, is hereby authorized
authorized to execute said agreement and any amendments thereto.
Requested by Department of:
Technoloev & Mana¢ement 5ervices
�
r
By:
Director
Form Approved by City Attorney
By: 7'.."v7�. l✓/ �/a Y- �!
BY� ��, �--
Approved by Mayor:
By: �
Approved by Mayor for Submission to Council
By: u
Council File # Ot-413
Green Sheet # 111589
Adopfio` Certified by Council Secretary
_ �
o �-9a.�
- T.M.�.A2EfiL ESTATE DIVISION Date: Angust 25, 2001 Green Sheet Number: lllss9
ontac[ Person aod Phone Nom6er. 2 EPAR'[MEM DII2ECiOR 4 L7TY COUNCII.
Peter White 266-8853 1 ^ " a �'. t�t •S� `z'E'u`
UDGEl DL2ECI'OR FFiCE OF FINANCIAI. SVCS
as[ be on Council Agenda by: 3 YOR (ORnSSIITaNY)
aECh Center
OTAL # OF SIGNATURE PAGES 1 �ci,ir au. Loca�noNS Fox sicivaTUxe>
�oN �Q��: �,t�6. � 7
, Approval of a joint powers agreement between the Minnesota Pollution Control Agency
(MPCA) and the City to fund the comple6on of the Phase I clean np action at the old Pigs's Eye
DumP• - � _ ._ ._� - -•
� OMMENDAT(ONS: AYPROVE (A) OR REJECI (R) ERSONAL SERVICE CONTRAGTS M[1ST ANSWER THE FOLLOWING:
. Has the persodfirm ever worked under a mntraM for this departmenY.' YES NO
. e�,�,vnmccoM�ss�ox A srnt�'
. Aas this person/firm ever been a CiTy employee? YES NO
' CIVII.SERVICECOMhllS510N
. Does this persou/tirm possess a sldll not normally poss¢ssed by any YES NO
Cm CoM,�urree wrrent City employee?
Ex lain all YES answers on a se arate sheet and attach.
UPPORTS WHICH COUNCII, OBJECTIVE?
- COUNCIS, WARD(S) / DISTRICT PLANNING COUNCIL �
� ITiATING PROBLEM, ISSUE, OPPOR'F[JNI7'P (Who, What, When, Where, Why?):
�
� The State granted the City funds to begin the implementafion of the Response Action Plan (RAP)
at the old Pig's Eye dump (Phase n. In order to complete Phase I additional funding is needed.
The MPCA has agreed to give the City the additional funding.
' VANTAGES IF APPROVED:
The City will complete the phase I clean up of the Pig's Eye Dump site.
ISADVANTAGES IF APPROVED:
RFrFtV�4
None
, AUG 2 4 20�1
ISADVANTAGES IF NOT APPROVED:
The opportunity to use this money will be lost. MA`!OR'S OFFICE
' OTAL AMOUNT OF TRANSACTION: $2SO�OOO COST/REVENUE BUDGETED (CII2CLE ONE) YES NO
nvc souxcE: State grant A�Tn'rr� N�J"�BER:
- INANCIAL INFORMATION: (EXPLAIN)
4i
_ 08/22/2001 16:10 FA% 6512969707 MN. POLLUTION CONTROL � 002
Ol•�'i
30TNT �'OWERS A,GREEMENT
BET�'EEN �HE
MIlVNESO'�A PDX.LU'I'ION CONTROL AGENC'X
AND THE CTTY OF SAINT PAUL
'this 7oint Powers Agreeme� ("Agreement'� is between che State of Mannesota, acting through
its Pollurion Contro] Agency ("State"), aud the City of Saint Paul ("Govemmental Unit")_
Rccitals
A. Under Minn. Stat. § 471.59, subd_ 10, the Stare and the Govemmental Unit are empowered to
enter into }omt powers ageements.
B. The State is authorized under Miim. Stat. § 115B:17 to.take response actions to protect public
health and welfare and the environment from releases of hazardous substanees, po]lutants ar
contaminants, as those terms aze defwed in the Mint�esota Bnvironmental Response and Liability Act,
Minn. Stat §y 11SD.01-I15B.24. The State is further authorized under Minn. Stat. § 473.845, subd.
3(4), as amended by Minn. T.aws 2001 Special Session, ch. 2, sec. 14'7 ("M�CAT Appropriation"), to
spend money appropriated 5rom tlie Metropolitan I.andfill Contingency Action Trust for response actions
at facil�ties such as the Pigs Eye Duinp in Saint Paul.
C. The Govemmental Unit is authnrized by law and city charter to engage in public works to
promote the health and safery of its citizens, and has entered a grant agreement with the State vnder Nlinn.
Stat. § 115B.17, subd_ 19, effective on June 21, 2000 ("Gxant Ag'eemenY'), by whicli the Govemmental
Unit has agreed to perform certain response actions approved by the State at the Pigs �ye Dump. T'he
Csavetnmental Unit is prepared to let a coniract .for performance of the response acEions set farth in the
Grant Ageemenw Iiowever, the cost of completin� all work under the contract exceeds the remaining
funds available under the Grant Agreement.
D. The State desires that the Govercumental Unit compiete all of the response actions set fvrth in the
Grant Ageement and desires to make available up to an additional $250,000 for this purpose from the
appropziafiion available to the State from the MLCAT Appropriation.
Agreement
1. Term of Agreement
1.1 Effective date. This Ageement is effecti*re on the date wfien al] required signatuzes have
been obtained under Minnesob Smtutes Section 16C.05, subdivision 2.
1.2 .�xpiration date. June 30, 2002, or until all obligarions havc been satisfactorily fvlfilled,
whichever occurs first.
2_ Agteement becween the Rsrties
OS/22/2001 16:11 FA% 6512969707_ MN. POLLIITION CONTROL (�j003
_ � �.177
Ageement, esecuted and approved by the same parties who executed and approved this agreement,
or iheir succeswrs in office.
5 2 ,qmendrrrenu Any amendment to this agreement must be in writing and will not be
effecfive nntil it has been execufed and approved by the same parties who executed and appcoved the
orig�I ag�'eement, or their successncs in ofhce.
5.3 R'aive� Xf the STate fails to enforce any provision of this a�reement, that failure does not
waive the grovision ar its right to enfarce it.
5.4 Conuact Complete. This agreement contains all negotiations and agreements between
the State and fhe Governmenfal '(Jnit. No other understanding regazding this agreement, whethet written
or oral, may be vscd to buid either pazty-
6. Liabilirty
The Govemmental Unit will indemnify, save, and hold the State, its agents, and employees
hazmless from any claims or causes of action, including artomey's fees incurred by the State, arising from
the perfozmance of this agrcement by the Govemmental Unit or the Govemmental Unit's agents or
emplayees. This ctause will not be construed to baz any legzl remedies the Governmental Unit may have
for the State's failure to fulfill its obligations undec this agreement. •
7. State Audifs
Under Minn. Stat. § 16C.05, subd_ 5, the Govenvnental UniYs books> records, documents, and
accounting procedures and pracrices relcvant to this ageement aze subject to examination by the State
and/pt the State Auditor or Legislative Audifor, as appzopriate, for a minimum o£ s"vc years &om the
end of tivs ageement.
8. Gooernment Data Practices
The Governmental Unit and State must comply with the Minnesota Government Data Pxactices
Act, Ivlinn. Sta� eh. ] 3, as it applies to all data provided by the State under this ageement, and as it
agplies to all data created, collected,'rectived, stored, u'sed, maintained, or disseminated by the
Govemmental Unit under this agrcement. Ihe civi) remedies of Minn. Stat. § 13.08 apply to the release
of the data referred m in this clause by either the Govemmental Unit or the State.
9. '�'enue
Veaue foz all legal proceedings arising out of tlris agreement, or its breach, must be in the State
District Court for Ramsey County, Mmnesota.
10. Termination
10.1 Terminatinn. The State or the Governmental Unit may teiminate this Ageement at any
rime, vrith or without cause, upon 30 days' written norice to the other pacty.
10.2 Terminatson for Insuffcient Fuading 'Ihe Sratc may immediately kerminate this
Agreement i£ iY dces not obtain funding from the Minnesota Legislature, or other funding souree; or if
funding cannot be corrtinued at a leve] sufficient to allow for the payment of its obligations under this
08/22/2001 16:11 FA% 6512969707 MN. POLLUTION CONTROL I�jo04
o �.q�a
2,1 �reement of the State To the extem that the amotiurt S*azrted by MPCA to the
Gvvcrnmental Unit under the Grant Agreernent is insufficient to pay for atl of the response action work
performed by the City at the Pigs �e Iandfill in accordaace with the tcrms and condiuons of the Grant
Ageernent, ihe SYate agxees to provide up to $250,000 from the MLCAT Appmpriation to the
Govemmental Unit for payment of the such response action costs.
2,2 Agr¢ement of she GovernmentaZ Unit The Govemmental Unrt agrees to use the amount
received from the Staxe undec this Agreement to provide for the peiformance of response actions at the
Pigs �ye LandfiA in accordance with the terms and conditions of die ('rrant A,cpreement. A copy of the
Grant Ageement is attached to this Agreernent.
3. Yayment
Ihe total obligation of the State under this ageement wzll not eatceed $250,000. The State agrees
to pay its obligation under this A�reennent to the Govemmental Unit within 30 days after completion of
all r€sponse actions as described in the Grazzt Agreement to the satisfaccion of the Srate's authorized
repmsentative_
4_ Authorized Representati�es
4.1. The State's authorized sepresentative for this Agreemcnt is:
Bruce Brott, Remediat9on k�ognm Supervisor
Minnesota Pollution Control Agency
520 Lafayette Road, St. Paul, MN 55155
telephone: 651-297-8350
£ar.; 651-296-9707
The State may desi�ate a difPerent auchorized representative by informing the Govemmental Unit's
authorized representative in wrieing of the aame and ot7ner infoimation of the new authorized
representative.
4.2 7he Governmental Unit's authorized represe»tative for this Agrecment is:
Petes Wb3te, Righ4-of-Way Engineer
City of St Paul
Department of Pinance and Management Services
140 City Hall, St. Paul, MN 55102
telephone: 651-266-8550
£ax: 651-266-8555
The Govcsnmental Unit may designate a different authorized mpresentaiive by informing the State's
autharized representafive in writing of fhe name and othes information of the new authorized
representative.
5_ Assignmeqt, Amendments,'�'aivcr, and Cont1 Complete
5_1 Assignment The Govemmzratal Unit may neither assign nor �ansfer any rights or
obligations tmder this agceement without the prior consent ofthe State and a fu]Iy executed.4ssigiment
O8/22/2001 16:11 FA% 6512969707 _ MN. POLLUTION CONTROL �005
D � •��3
Ageement. Tetrninahon is effective upon receipt of vmtten notice, including faX noSice, lry the
Govemmental Unit.
7 0.3 Payraent for Work PerfoimerL "Il�e Sfate is not nbligated to pay for azry `x'ork performed
after the effective date of tennination- Am*'e"er, the Govemmentat Unit will be entitled to payment,
dete�mined on a pro rata basis, for wotk saSisfactorily perfosmed priot to notice and cffecti�e date of
temiination, to the extent that fimds aze availabla
10_4 No Assessraent u.f 1'enalt3'. The State will not be assessed any penaltY or aamages if this
Agreement is terminatedbecause.of the decision of the Minnesota Legislature m redvice or eliminate the
MLCAT appmpriation- The State ID� Pro�nde the Go�emmental Unit notice o£ the lack of fimding
wilhin a reasonable time of the State's receiving that notice.
I'I' IS SO AGRE�D:
STATE ENCUMBRANCE �'EIUFICATION:
Individual certifios thaz funds ha�c bee� encumbered i��
as requircd by Minn. Stat �§ 16tL15 and 16C.OS.
MpVD7ESOTA POLLUT[ON CONTROL AGF.]�CX
Ksrrn A Studders, Commfssioncr ' Datc
CiTY OF SAINT YAi3L
Datc
CpMP�5S10NER OF ADMiNTSTRATION
(or de]ega[e)
Date
ATTO]RNEY GENERAL
,qs eo fonn and ezecution
Date
AG' S02867,v. Ol