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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 8 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 12 13 WHEREAS, the Department of Safety and Inspections would like to apply to the Ramsey 14 Conservation District for possible reimbursement; and 15 16 17 18 19 20 21 22 23 24 25 26 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 28 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 G�-f ! �� 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: s " / 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 o y—�� �� 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 �y—�c�� 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. e�i-lf�� 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 B Y'-- - ---__ Its: �(�;, r.,���, � 5 .:"v " ,�',_ �.'�.i`s"�" :°'::��:;^;� S vSEE[r�v B �/! GJ�-. /e'-/Y-o�t � 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 ���-�f�`�"1 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