09-615Suspension 6/03/09
RESOLUTION
Council F�e # 09-615
Green Sheet # 3 v 7 t l 3 9
PAUL, MINNESOTA
Presented by
�'..:7
1 VJHEREAS, Minnesota Statute §471.59 authorizes governmental entities to jointly exercise
2 govemmental powers and functions; and
3
4 WHEREAS, the State of Minnesota, through its Department of Agriculture, wishes to use its
5 powers under Minn. Stat. § 18G.03 to require private property owners with diseased ash trees to remove
6 such trees and wishes that Saint Paul Parks and Recreation's Forestry Division cany out the tree removal;
7 and
8
9 WHEREAS, such an agreement will allow the City to proceed with the removal and to be
10 reimbursed up to $51,000 for the wark in removing trees from private property; and
11
12 WHEREAS, such intergovernmental agreements must be first authorized by the governing bodies
13 of the participating entities; now therefore, be it
14
15 RESOLVED, THAT THE Saint Paul City council hereby authorizes the proper City authorities to
16 enter into the attached Agreement with the State of Minnesota to allow removal of ash trees infested with
17 the emerald ash borer.
18
Bostrom
carter
Harris
Adopted by Council: Date
�� 'Ll� � -. -. . � .. - .
S�� � �'�f1 �'
S�� ` 5����L1L��
Adoption Certified by Council Secretary
By:
Approv y M y . ate �
By:
09-615
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
)epartmentlpffice/Council: Date Initiated:
PR_ParksandRecreation 02-JUN-09 Green Sheet NO: 3071139
; Contact Person & Phone:
' Mike Hahm
266-6409
Must Be on Council Agenda by (Date):
Doc. Type: RESOLUTION
E-DocumentRequired: Y
Document Contact: Mike Hahm
� � 0 �Yarks and Recreation i� '
t 1 arks and Recreation Departm� - eut D"vector ��I ��
Asslgn Z �CiryAttornev � ✓
Number 3 avor's Office Ma or/Assistant
For 0 Routing 4 ouncil
Order � 5 iN Clerk City Clerk
Contact Phone: 266-6409 I I
�
Total # of Signature Pages _(Clip AII Locations for Signature)
Attached resolution authorizes the proper City authorities [o enter into an agreement with the Sta[e of Minnesota to allow removal of
ash trees infested with the emerald ash borer.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contrects Must Answer the Following Questions:
1. Has this person/firm ever worked under a contract for this department�
Yes No
2. Has this person/frm ever been a city employee�
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and aHach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The Minnesota Department of Agriculture wishes to use its powers under Minnesota Statute 18G.03 to require private proper[y owners
with diseased ash trees to remove such trees as soon as possible and wishes that Saint Paul Parks and Recreation's Forestry Division
cany out the tree removal.
Advaniages If Approved:
The City will be able to proceed with the removal of the trees infested with emzrald ash borer and be reimbursed up to $51,000 for the
work in removing trees from private proper[y.
DisadvanWges If Approved:
DisadvanWges If Not Approved:
The infested trees will remain and the City will not be able to enter into the agreement with the Minnesota Depar[ment of Agriculture.
The plan to readicate the City of the Ash Borer will be compromised.
Total Amount of
Trensaction:
Funding Source:
Fi nancial Information:
(Explain)
CosNRevenue Budgeted:
Activity Number:
June 2, 2009 1:54 PM Page 1
09-615
CFMS Contract No.
�' _ �:: �._.
STATE OR MINNESOTA
JOINT POWERS AGREEMENT
This agreement is between the 5tate of Minnesota, acting through its commissioner of agnculmre ("State") and City of
Saint Paul ("Govemmental Unit").
Recitals
Under Minn. Stat. § 47159, subd. 10, the State is empowered to engage such assistance as deemed necessary. The State is
in need of infested ash tree removal and proper disposal before the date of June I5, 2009, in an apparently isolated infested
area of emerald ash borer in the Hampden Park neighborhood of the city of Saint Paul. There aze about 60 infested ash
trees on both public and private properry that will require removal before the peak emergence of the emerald ash borer, to
reduce the spread of this pest in the state.
Agreement
1 Term of Agreement
1.1 Effective date: June 1, 2009, or the date the State obtains all required signatures under Minnesota Statutes
Section 16C.�5, subdivision 2, whichever is later.
1.2 Expiration date: June 30, 2009, or unril all obligations have been satisfactorily fulfilled, whichever occurs first.
2 Agreement between the Parties
1. The Governmental Unit agrees to fumish and transport all labor, equipment, and materials necessary to
remove, chip and haul away infested trees as designated by the State and current regulations. The
Govemmental Unit will also obtain all necessary insurance, licenses, perxnits, payment of fees, tazes
and administration associated with the performance of this work.
2. The Govemmental Unit agrees to have on-site supervisory personnel present at the wark site while the
work is being performed. The State and the Governmental Unit will idenrify the ash trees to be
removed by size and number. General work will include and the Governmental Unit agrees to:
a) Remove ash trees as designated by the State.
b) Crrind out each tree stump to 10" below a ade and remove all of the surrounding surface roots within
36" of the circumference of the existing ffee stump. Excavate and backfill the stump hole(s) with
soil so that it is even with the surrounding terrain.
c) Pick up and chip all fallen branches in areas of tree, yard and sunounding areas. Clean, sweep, and
restore to the condirion existing prior fo the removal operations all areas of paving, lawns, walkways,
sidewalks, fixtures, fences, etc. that have been damaged, dirtied, altered or displaced by the uee, or
stump removal work. All debris shall be removed from the site.
d) Transport all tree(s), stump(s) and chipped material and debris to closest marshalling yard or as
directed by the State.
e) Trees and stumps will be removed using acceptable industry pracrices for such removal.
Governmental Unit expects that it may be necessary to climb trees to perform the ffee removal for
this specificarion.
fl Governmental Unit agrees that driveways and alleys are not to be blocked with generated uee or
stump debris beyond the time to complete required work on that site.
g) The Governmental Unit agrees to perform the work with due caze taldng precautions against injury
to persons, damage to property and interference with vehiculaz or pedestrian traffic. The
Governmental Unit agrees to take necessary precautions to ensure the safety of all peisons engaged
in the work of this contract. The Governmental Unit agrees to protect against damage to all exisring
trees, plants, grass, vegetation and other fixtures.
Joint Powers Agreement (Rev. 6/03)
09-615
CFMS Contract No.
If the Govemmental Unit receives a request to release the data referred to in this Clause, the Govemmental Unit must
immediately notify the State. The State will give the Govemmental Unit instructions conceming the release of the data
to the requesting parry before the data is released.
9 Venue
Venue for all legal proceedings out of this a�eement, or iu breach, must be in the appropriate state or federal court
with competent jurisdicrion in Ramsey Counry, Minnesota.
10 Termination
10.1 Terminatiorc. The State or the Governmental Unit may terminate this agreement at any time, with or without
cause, upon 30 days' written norice to the other party.
10.2 Termination for Insufficient Funding. The State may immediately terminate this agreement if it does not obtain
funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient
to allow for the payment of the services covered here. Termination must be by written or fax notice to the
Govemmental Unit. The State is not obligated to pay for any services that aze provided after notice and effechve date
of termination. However, the Governmental Unit will be entitled to payment, detennined on a pro rata basis, for
services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the
agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to
appropriate funds. The State must provide the Governmental i3nit notice of the lack of funding within a reasonable
time of the State's receiving that notice.
1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY
Indiwdual ce>kfies thatfunds have been encumbered as
reguired by M'usn. Sma. §§ 16A.15 and 16C O5. By:
Sigied:
Date:
CFMS Contract No. A-
2. GOVERNMENTAL UNIT
By:
Tst�e:
Date:
�
Title:
Date:
(wi3h delegated aufbority)
Title:
Date:
4. COMMISSIONER OF ADMINISTRATION
delenated to Materials Management Divis�on
�
�ate:
D�stribution:
Agency
Gwernmental Unrt
State's Authonzed Representative - Photo Copy
7oint Powers Agreement (Rev. 6/03)