02-1192Return copy to:
Real Estate Division
140 CiTy Hall
Presented By
Referred To
Council File # oa _� �4�
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Green Sheet # 204032
Committee: Date
i WHEREAS, the Minnesota Pollution Conirol Agency (MPCA) entered into a grant agreement with
z the City to begin the implementation of a portion of the approved response action plan (RAP) at the
s Pig's Eye dump (Phase I), and
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s
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WHEREAS, tke City of Saint Paul has submitted, and the MPCA has approved, a RAP for the Pig's
Eye Dump, and
s WHEREAS, the MPCA has agreed to provide the City with additional funding to complete the RAP
v implementation at the City Wood Recycling Facility through a joint powers agreement, a copy of
�o which is attached hereto, now therefare be it
�t
�z RESOLVED, the City of Saint Paul shall enter into the joint powers agreement with the MPCA, and
�s be it
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is FURTHER RESOLVED, that Peter White, Valuation and Assessment Engineer, is hereby authorized
i6 to execute said agreement, in a form and content as set forth in the Joint Powers Agreement draft
n attached hereto, and any amendments thereto.
12/16/2002 08:10 FA% 6512969707 hIN. POLLUTION CONIROL � 001
CFMS Coniract No.
STATE OF MINNESOTA
JQINT POWERS AGREEMENT
ba����a�
This Joint Powers Agreement ("AgreemenY') is belween the State of Minnesota, acting through
its Pollution Control Agency ("State"), an@ the City of Saint Paul ("Govemmental Unit").
Recitals
A. Under Minn. Stat. § 471.59, subd. 10, the Sta�e and th��ernmental Unit aze empowered to
enter into joint powers agreements. ��
B. The State is authorized under Minn. Stat���B.�"to take response actions to protect public
health and welfaze and tt�e enviromnent � l�s of hazazdous substauces, pollutants or
contaminants, as those terms aze defined ' ota Environmental Response and Liability Act,
Minn. Stat. §§ ll5BA1-115B.24. The State i authorized under Minn. Stat. § 473.845, subd.
3(4}, as amended by Minn. Laws 2001 Special �sion, ch. 2, sea I4? ("MI,CAT Appropriation"), to
spend money appropriated from the Metropoli��andfill Contingency Action Trust for response actions
at facilities such as the Pigs Eye Dump in S�i�Paul.
C. The Governmental Unit is authorized by law and city charter to engage in public works to
promote the heaith and safety of its citizens, and had entered into a Grant Ageement with the State under
Miun. Stat. § 11SB.17, subd. 19, effective on June 21, 2000, and expiring on June 30, 2002. Under the
Grant Agreement the Govemmental Unit had agreed to perform certain response actions approved by the
State at the Pigs Eye Dump. The Governmental Unit curren8y has a coniract in force for performance of
the response acUons set forth in the Grant Agreement. While the response actions the Governmental Unit
agreed to perfarm aze essentially complete, there is an additional component of the overall approved
response action that the State desires the Govemmental Unit to perform under its existing contract. This
acrion consists of providing and placing of 22,000 cubic yazds of soils as cover materia] to complete the
two-foot cap for a 294,300 square foot azea of the dump. Th'ts is an azea used by the Govemmental Unit
as a wood chipping facility, and due to the imminent change of facility operators; it is imperarive that this
work be completed before the new facility operations begin on February f, 2003. The scope of work,
plans and specifications for this ac6on aze set fortli in the "Request for Quotafion, Capping of Wood
Chipping Facility Area" document prepazed by Conestoga Rovers and Associates dated November 27,
2002. A copy of this document is attached to this Agreement.
D. The State desires that the Governmental Unit complete this action by January 31, 2003 and desires
to make available up to $150,OOQ for this purpose from the appropriation auailable to the State from the
MLCAT Appropriation.
Agreement
1. Term of Agreement
Joi nt Powers Agreement (Rev. 12l00)
12/16/2002 08:11 FA% 6512969707 MN. POLLUTION CON1'ROL
CFMS Contract No.
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1.1 Effective dnie. Tlus Agreement is effective December 26, 2002 or on the date when the
State obtains all requffed signatures under Minnesota Statutes Section 16C.05, subdivision 2., whichever
date occurs later.
1.2 Expiration Date. June 30, 2003, or until all obligations have been satisfactorily fulfilled,
whichever occurs Eust
2. Agreement between the Parties
2.1 Agreement of the State. The State agrees to provide up to �150,000 from the MLCAT
Appropriation to the Govemmental Unit for payment for the response actions described in paragraph C
above.
22 .4greement of the Gavernmeeclat UrciG The Governmental Unit agrees to use the amount
received from the State under tkris Agreement to complete the response actions at the Pigs Eye Dump as
described in pazagraph C above. �
3. Payment
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The total obligation of the State under ttvs agt ' ot exceed $150,000. The State agrees
to pay its obligation under tlus Ageement to the G��e� nit within 30 days after completion of
the response actions descri6ed in pazagraph C:��v� � e satisfaction of the State's authorized
representative. ��`�
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4. Authorized Representatives ��
��
4.1. The State's anthonzed representa�ve for tlris Agreement is:
Bruce Brott, Remediation Program Supervisor
Minnesota Pollution Control Agency
520 Lafayette Road, St. Paul, MN 55155
Telephone: 651-297-8380
Faac: 651-296-9707
The State may designate a different authorized representative by informing the Governmental Unit's
authorized representative in writing of the name and other information of the new authorized
representarive.
4.2 The Govemmental UniYs authorized representarive for tiris Agreement is:
Peter White, Valuation & Assessment Engineer
City of St. Paul
Depaztment of Finance and Management Services
140 City Hall, St. Paul, MN 55102
Telephone: 651-266-8853
Fa1c: 651-266-8855
The Govemmental Unit may designate a different authorized representative by infomvng the State's
authorized representative in writing of the name and other information of the new authorized
representative.
Joint Powers Agreement (Stev. 12l00)
12/16/2002 08:11 FAX 6512969707 MN. POLLUTION CONTROL
CFMS Contract No.
5. Assignment, Amendments, Waiver, and Contract Complete
f�oos
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51 rlssignment The Govemmental Unit may neither assign nor transfer any rights or
obligations �.mder this agreement without the prior consent of the State and a fuliy executed Assignment
Ageement, executed and approved by the same parties who executed and approved 4his agreement,
or their successors in office.
5.2 fimendmenu. Any amsndment to ttvs agreement must be in writing and will not be
effective.until it has been executed and approved by the same parfies who executed and approved the
original agreement, or their successors in office.
5.3 Waiver. ff the State fails to enforce any provis'ton of this agreement, that failise does not
waive the provision or its right to enforce it.
5.4 Contract Complete. Tbis agreement contains all,;negotiations and ageements between
the State and the Govemmental Unit. No other understandmg re�arding ttus agreement, whether written
or oral, may be used to bind either pariy. � `''% ° �'
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6. Liability -� "'""'
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The Govemmental Unit will inde�ify,�2've hold the State, its agents, and employees
hazmless from any claims or causes of action, includi�attorney's fees incurred by the State, arising from
the performance of this agreement by the Gove�nental Unit or the Govemmental Unit's agents or
employees. This clause will not be construed to har any legal remedies the Governmental Unit may have
for the State's failure to fulfill its obligarions wi`�sr�this agreement.
7. State Audits
Under Minn. Stat § 16C.05, subd. 5, the Governmental Unit's books, records, documents, and
accounting procedutes and practices relevant to tlus ageement are subject to examinarion by the State
and/or the State Auditor or Legislative Auditor, as appropriaYe, for a minimum of six years from the
end of this agreement.
8. Government Data Practices
The Governmental Unit and State must comply with the Minnesota Govemment Data Practices
Act, Minn. Stat. ch. 13, as it applies to all data provided by the State under this agreement, and as it
applies to all data created, collected, received, stored, used, maintained, or disseminated by the
Govemmental Unit under this agreemenY. The civil remedies of Minn. Stat. § 13.08 apply to the release
of the data refened to in this clause by either the Govemmenta] Unit or the State.
9. V enue
Venue for aIl legal proceedings arising out of this agreement, or its breach, must be in the State
District Court for Ramsey County, Minnesota.
14. Termination
10.1 Temvnation. The State or the Govemmental Unit may terminate this Agreement at any time,
with or without cause, upon 30 days' written notice to the other party.
Joint Powers Agreemrnt (Rev. 12(00)
12/16/2002 08:11 FA% 6512969707 MN. POLLUTION CONTROL
CFMS Contract No
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10.2 Terrrcination for Insuff8cient Fundixg. The State may immediately terminate this
Agreement if it does not obtain funding from the Minnesota Legislahire, or other funding source; or if
fundmg cannot be continued at a level sufficient to allow for the payment of its obligations under this
Agreement. Termination is effective upon receipt of written notice, including fa�c norice, by the
Govemmental Unit.
103 Payment for I3'ork Performed The State is not obligated to pay for any work performed
aftet the effective date of termination. However, the Govemmental Unit will be entitled to payment,
deternvned on a pro rata basis, for work satisfactorily performed prior to notice and effecrive date of
tennination, to the extent that fimds aze available.
10.4 No Assessmeat af Penalty. The State will not be assessed any penalty or damages if this
Ageement is terminated because of the decision of the Minnesota Legislature to reduce or eliminate the
MLCAT appropriation. The State must provide the Govemmeatal Unit norice of the lack of funding
within a reasonable time of the State's receiving that notice.
TT IS SO AGREED:
,::,
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I. STATE ENCUMBRANCE VERIFICATION '.;;' 3. STATE AGENCY
Lulividual certifics lhatfurtds have been encumbered as . • .�
required by Minn. Sfnt. §§ 16A15 and 16C.05. ,
v $}+:
(with delegated authority}
Signed: � :
Date:
CFMS Contract No. A-
�,; � Title:
�.
Date:
4. COMMISSIONER OF ADMINISTRATION
delegated to Materials Management Division
2. GOVERNMENTAL UNIT-City of SL Paul
B � —
Title:
Date:
By: _
Title:
Date:
Br•
Date:
5. ATTORNEY GENERAL
As ta fomt and execution
s
DaEe:
Joint Powers Agreement (Rev. i2/00) ¢
12/16/2002 08:12 FA% 6512969707 MN. POLLUTION CONPROL �005
r:
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CFMS Contract No.
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D;stnbuuon: .
AgencY
Govemmental Unit
State's Authorized Repcesentavve - Phococopy
7oint Powers Agreemen[ (Rev- 12/00) 5
T.M.S./REAL ESTATE DIVISION Date: December 16, Green SheetNumber: 2oaoaz
aooi ea - 1 t a
onmM Person and Phone Number 2 ��Th4:N'1' DIILECTOR 4 CI'iY COiJNCII.
Peter White 266-8853 1 ATfORT]EY Q.ERK
UDGEI' DIItECI'OR FFICE OF FINANCIAI, SVC$.
us[ be on Couocil Agenda by: 3 YOR (OR ASSISTAN7)
OTAL # OF SIGNATURE PAGES I (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED:
Approval of a joint powers agreement between the Minnesota Pollution Control Agency
(MPCA) and the City to fund the clean up acfion on the City wood recycling facility at the old
Pigs's Eye Dump.
COMMENDATIONS: APPROVE (A) OR RF,.IECT (R) ERSONAL SERVICE CONTRAC'A'S MUST ANSWER THE FOLLOWING:
1. Has the persoNfirm ever worked under a contraM tor this departmen[? YES NO
PL4NPIINGCOMMISSIOPi A SfAFF
. Has this person/firm ever been a CiTy employee? YES NO
CIVli. SERVICE COMMISSIOM
. Does this persoo/firm possess a sltill not normally possessed by any YES NO
Cie Co.�mnrree current City empioyee?
Ex lain all YES answers on a se arate sheet and attach.
UPPORTS WHICH COUNCIL OBJECTIVE?
COUNC[L WARD(S) 7 DISTRICT PLANNING COUNCIL �
ITTATING PROBLEM, ISSUE, OPPOATUNITY (Who, Whay When, Where, Why?):
The State granted the City funds to begin the implementation of the Response Action Plan (RAP)
at the old Pig's Eye dump (Phase I). A part of the area occupied by the City's wood recyciing
facility needs additional cover. The cover material is available and the City has a contract in
place which can be used to spread the cover.
VANTAGES IF APPROVED:
The City will complete the clean up of the City wood recycling facility area at the Pig's Eye
Dump site.
ISADVANTAGES IF APPROVED:
None
ISADVANTAGES IF NOT APPROVED:
The opportunity to use this money will be lost.
OTAL AMOUNT OF TRANSACTION: $1SO�OOO COST/REVENUE BUDGETED (CIIiCLE ONE) YES NO
NDINGSOURCE: SYBtC�iaDt ACTIVITYNiJMBER:
INANCIAI. INFORMATION: (EXPLAIN)