09-1195Council File # 09-1 l 9�"
Green Sheet # 3085016
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
�
WHEREAS, the Ramsey Conservation District has received a Natural Resources Block Grant from
the State of Minnesota for the purpose of implementing the Wetland Conservation Act; and
4 WHEREAS, the Ramsey Conservation Dish has made a portion of these grant funds available to
5 various municipalities that meet the criteria established by the state for reimbursement eligibility up to 50
6 percent of a cost shaze basis for qualifying expenditures related to the implementation of the Wetland
7 Conservation Act; and
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9 WHEREAS, the Department of Safety and Inspections has performed certain activities relative to
10 the implementation of the Wetland Conservation Act for the period between May 16, 2009, and October
11 31, 2Q09; and
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13 WHEREAS, the Department of Safety and Inspections would like to apply to the Ramsey
14 Conservation District for possible reimbursement; and
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Presented by
WFIEREAS, the Ramsey Conservation District has sent to the Deparhnent of Safety and
Inspections a Subgrant Agreement delineating the eligible costs and the process far applying for such
Subgrants; and
WHEREAS, Paragraph 3 of the Subgrant Agreement contains a standazd indemnity clause
providing that the City would "agree to defend and indemnify the Ramsey Conservation District ., it s
officials, employees and agents from any and all liability, loss or damage they may suffer as a result of
claims, demands, judgments or costs, including reasonable attorney's fees, azising out of or related to
Subgrantee's performance of this AgreemenY'; and
27 form;
WHEREAS, the City Attorney's Office has otherwise approved the Subgrant Agreement as to
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29 NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Saint Paul hereby
30 authorizes the appropriate City officials in the Deparhnent of Safety and Inspections to enter into the
31 Subgrant Agreement with the Ramsey Conservation District with the said indemnification clause noted
32 above and contained therein at Page 2, Pazagraph 3 for the express purpose of allowing DSI to apply for
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33 possible reimbursement from the Ramsey Conservation DistricYs administration of the Natural Resource
34 Block Grant for the implementation of the Wetland Conservation Act.
by Depariment of:
Sy:
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Approved by
By:
to Council
Adoption Certified by Counci ecretary g
By: � �
Approv y ayo � a �' << y V
By:
Adopted by Council: Date ���„Z�%/jC/
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
]epartmenNOffice/Council: , Datelnitiated: ��~��� ✓
S � _Dept.ofSafety&Inspections � Zoo�T2oo9 i Green Sheet NO: 3085016
ConWM Person S Phone:
Phillip Belfiori
266-9112
Must Be on Council Agenda by (pate):
�
Assign
Number
For
Routing
Order
0 eot of Safetv & Iasoections ��
7 G;tv nnornev � i '
2 ��VIavor's O�ce � I MavodASSistant
3 i,Council I Citv CouncO
4 CSty Clerk I City Clerk
� RESOLUTION W/$
; Doc. Type: TRANSACTION
E-Document Required: Y
Document Contact: Robert Numphrey
ContaM Phone: 266-9723
ToWI # of Signat Pages _(Clip All L for Signature)
Action Requested:
Approval of a Resolourion authorizing the City of Saint Paul [o enter into an agreement with the Ramsey Conservarion Distric[ to
accept reimbursement for work done to protect Saint Paul weHands.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Gontracts Must Answer the Following Questions:
7. Has this person/firm ever worked under a contract for this depaAmenY?
Yes No
2. Has this personffirm ever been a city employee?
Yes No
3. Poes this person/flrm possess a skill not normally possessed by any
current city empfoyee?
Yes No �
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Ramsey Conservarion District offers 50% reimbursement for work done to protect wetlands. From May 16 to October 31, 2009, DSI
has done work to protect Saint PauPs wetlands and would like to take advantage of tivs oppor[unity.
Advantages If Approved:
DisadvanWges If Approvetl:
Disadvantages If Not Approved:
7oWl Amount of
Trensaetion:
Funding Source:
Financial lnformation:
(Explain)
CosVRevenue Budgeted:
Activity Number:
October 20, 2009 11.25 AM Page 1
SUBGRANT AGREEMENT � / — �� ��
BETWEEN C ��"y p-� S4,n�" I�u-k �
THE
RAMSEY CONSERVATION DISTRICT
FOR WETLAND CONSERVATION
THIS AGREEMENT is entered into by and between the Ramsey Conservation District
(District) and � ; � -� 5�,; „ �- l��r,� I (Subgrantee}.
WHEREAS, the District has received a Natural Resources Block Grant from the State of
Minnesota, acting by and through its Board of Water and Soi] Resources (BWSR), for the
purpose of implemeniing the Wetland Conservation Act; and,
WHEREAS, the Subgrantee has applied to the District for a portion of the grant funds
and the District has determined that its application meets the criteria established by the State and
BWSR to be eligible to be reimbursed with grant funds up to a 50% cost-shaze basis for
qualifying expenditures;
NOW, THEREFORE, it is hereby agreed:
Eli�ible costs.
The Subgrantee will be eligible for cost-share reimbursement for the following expenditures
incuned between May 16, 2009 and October 3l, 2009:
a. Field verification of wetland delineations as part of the Subgrantee's land
disturbance permit activity or other governmental oversight activities.
b. Coordination of wetland disturbance projects with other agencies.
c. Repiacement ptan review.
d. Notification of wetland alteration.
e. Meetings with individuals and developers related to wetland alterations.
f. Attending BWSR sanctioned Wetland Conservation Act training sessions.
g. Intemal procedures for Wetland Conservation Act administrarion.
h. Miscellaneous administrative and technical assistance to those being regulated by
the Wetland Conservation Act.
Monitoring wetland replacement required by Subgrantee.
j. Identifying wetland priorities for the Permanent Wetland Preserves program and
other wetland payment plans referred to in the Wetland Conservation Act.
k. Wetland banking certification.
Page Two- WCA Subgrant Agreement
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Developin�updating a comprehensive wetland management plan pursuant
to MN WCA Rules. The plan must cover the entire jurisdiction of the
Subgrantee.
m. Inventory and mapping of wetland impact sites.
n. Education activities regardin; wetlands and WCA.
o. Miscellaneous activities "tied" to WCA.
p Land -survey costs associated with WCA violation prosecution as pre-approved
by the RCD
q. Staff costs, i.e., (the principle staff person(s)} associated with enforcement of the
WCA. Note! Attomey costs do not qualify.
Only expenses incurred for implementation of the Wetland Conservation Act within the County
of Ramsey aze cost-share reimbursable. In no event shall District subgrant funds be awarded to
Subgrantee if it is determined that a water management organization, other than Subgrantee
within the scope of this Agreement, is administering the Wetland Conservation Act within the
Subgrantee's boundaries, except in the case where a subgrantee is assisting another WCA LGU
administering WCA within Ramsey County. Any Wetland Conservation Act costs associated
with the Subgrantee's public works/pazks and capital improvement projects, if any, do not qualify
for cost-shaze reimbursement under this Subgrant Agreement. Note: Attorney's fees/court costs
shall not be eligible for reimbursemeat.
Pavment/Auditin�
The Subgrantee is responsible for documenting ali expenditures in a manner and format
acceptable to the Dish The maximum billing rate shall noY exceed $85.00 per hour. The
District reserves the right to audit Subgrantee records and qualify and approve all expenditures
and billing rates prior to distributing cost-shaze funds to the Subgrantee. The District will
reimburse the Subgrantee for qualifying costs for the stated reimbursement period in one
payment in December, 2009, SubA antee acknowledges that several subgrants will be made by
the District under the State Natural Resource Block Grant. In the event requests from all
subgrantees exceed the available funds, Subgrantee understands and agrees that funding will be
disbursed among all subgrantees on a pro-rata basis not withstanding any other provision of this
agreement to the contrary andlor the policies of the Ramsey Conservation District.
3. Indemnitv
The Subgrantee agrees to defend and indemnify the District, its officiais, empioyees and agents
from any and all liability, loss or damage ihey may suffer as a result of claims, demands,
judgments or costs, including reasonable attorney's fees, arising out of or related to Subgrantee's
performance of this Agreement.
4. Audit
Until the expiration of three years after the fumishing of services pursuant to this Agreement, the
Subgrantee, upon written request, shall make available to the District, the State Auditor, or the
Page Three - W CA Subgrant Agreement
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District's uitimate funding source, a wpy of this Agreement, and books, documents, records, and
accounting procedures and practices of the Subgrantee relating to this Agreement.
5. Cancellation
The District may cancel this contract without cause by thirty {30) days written notice to the
Subgrantee. The District may cancel this coniract for cause by five days written notice to the
Subgrantee. The Subgrantee will be entitled to reimbursement according to the terms of the
Agreement for qualifying costs incurred up to and including the effective date of cancellation.
6. Non-Discrimination
The Subgrantee agrees to comply with all federal, state and local laws, resolutions, ordinances,
rules, regulations and executive orders pertaining to unlawful discrimination on account of race,
color, creed, religion, national origin, sex, marital status, status with regazd to public assistance,
sexual preference, age or disability, including, but not limited, to the Americans with Disability
Act.
Entire AQreement
This agreement is complete and supersedes all orat agreements and negotiations beriveen the
parties as well as any previous agreemenYs presently in effect between the parties.
8. Insurance
The Subgrantee shall secure insurance acceptable to the Ramsey County Risk Manager that may
be necessary in connection with this Agreement. As proof of acceptable insurance, the
Subgrantee shall submit photo copies of all required insurance information to the District office
at the request of the District Manager.
9. Non-assiQnabilitv
The Subgrantee shall not assign any interest in this Agreement and shall not transfer any interest
in the same, whether by subcontract, assignment or novation, without the prior written consent of
the District.
10. ReoortinQ
In cooperation with the RCD, the Subgrantee sha}1 provide the District with a Wetland
Conservation Act, 2009 Summary per BWSR requirements. Reimbursement is conditioaal
on RCD receipt of reporting data for this period by December 2009.
11. Comoliance to the Wetland Conservation Act and its Governin Rules
The Dish may withhold any or all potential grant funds to a Subgrantee if it is determined by
the District, with consulta[ion by the BWSR that the Subgrantee has not satisfactorily performed
required functions according to the Law. Specific documented instances/circumstances are
required.
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Page Four - WCA Subgrant Agreement
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending
to bound thereby.
RAMSEY
CONSERVATION DISTRICT
Manager, RCD
wca subgrant wilh LGUs 2009
SUBGRANTEE
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CTI'Y OF SAINT PAIIL
ChristopherB. Colemm�, Mayor
October 20, 2009
Tom Peterson
Rauisey Conservation District
1425 Paul Kirkwold Drive
Highway 96 & Hamline Ave
Arden Hills, MN 55112
m
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RE: Cost Sfiaze reimbur�ement request related to eligible expenditures by the City of Saint Paul
to implement the Wetland Conservation Act (WCA) between May 16, 2009 and October 31,
2009 '
Deaz Tom:
Please find below a suwmary of City of Saint Paul's eligible e�penditures to implement the
VJeUand Conservation Act (WCA) between May 16, 20Q9 and October 31, 2009. As you aze
awaze, the City staff from the Department of Safety and Inspections haue spent significant time
with a wetland enforcement case during this period of time.
Project Elig. Expense Posirion Time Rate ($) - Total
spent subgrant
agreement
, limits billing at
$85 /hour
including
salary and
frin e
575 S. McKnight Staff costs City Water 26 Hours $SS $2210
Rd. Wetland associated with Resource
Violation enforcement of Coordinator �
the WCA.
Zoning 2 Hours $85 $170
Admiuistratar
Director of 1 Hour $85 $85
the
Department of
Safety and
Inspection
MCES proposed Misc. adm. and City Watar 6 I�ours $85 $510
Foicemaiu technical Resource
project assistance to Coordinator �
those regulatecl
� r� -l!��
by the Wetland
Conservation -
Act.
Xcel Energy Field City Water 2 hours $85 $1'70
transmission line verification of Resource
structure wetland Coordinator
delineations ,
T`KDA VJarner Field City Water 4 hours $85 $340
Road project verification of Resource
wetland Coordinator
delineations
General VJCA Internal - City Water 3 hours $85 $255
adnunistration procedures for Resource
Wefland Coordinator
Conservation
Act
aclministration.
Discussions with Miscellaneous City Water 6 hours $85 $510
CR�VD and activities "tied" Resource
review of to WCA Coordinator
CRWD wetland
Plan related to
City's LGU
authority
General resident Miscellaneous City Water 10 hours $85 $850
inquires aetivities "tied" Resource
to WCA Coordinator
Topic wetland Miscellaneous City Water 2 hours $85 $170
/Phalen wetland �i���es "tied" Resource
restoration to WCA Coordinator '
TOTAL 62 $85 $5270
" Hours (/2 per .
allowed
50% C/S
basis
Based on the information provided above, the City requests reimbursement in the amount of
$ 2635.00.
Thanks in advance for your consideration of this request and for your leadership on this matter.
If you haue any qnestions, please do not hesitate to contact me at (651) 266-9112:
Sincerely,
�� . �--���./
PYuI Belfori
City of Saint Paul
Water Resource Coordinator