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10-504Council File # 10-504 Green 5heet # 3111138 Presented by NT PAUL, MINNESOTA /� 1 WHEREAS, The Ramsey Conservation District has received a Natural Resources Block Grant 2 from the State of Minnesota for the purpose of implementing the Wetland Conservation Act; and 4 WHEREAS, the Ramsey Conservation Distinct has made a portion of these grant funds available 5 to various municipalities that meet the criteria established by the state reimbursement eligibility up to 50 6 percent of a cost share basis for qualifying expenditures related to the implementation of the Wetland 7 Conservation Act; and 9 WHEREAS, The Department of Safety and Inspection has performed certain activities relative to 10 the implementation of the Wetland Conservation Act; and 11 12 WHEREAS, The Department of Safety and Inspection would like to apply to the Ramsey 13 Conservation District for possible reimbursement; and 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, the Ramsey Conservation District has sent to the Department of Safety and Inspection a Subgrant Agreement delineating the eligible cost and the process for applying for such Subgrants; and WHEREAS, Paragraph 3 of the Subgrant Agreement contains a standard indemnity clause providing that the City would "agree to defend and indemnify the Ramsey Conservation District., iYs official, 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, arising out of or related to Subgrantee's performance of this AgreemenY'; and 25 WHEREAS, The City Attorney's Office has otherwise approved the Subgrant Agreement as to 26 form; 10-504 27 Now, therefore be it, RESOLVED, that the Council of the City of Saint Paul hereby authorizes 28 the appropriate City officials in the Department of Safety and Inspections to enter into the Subgrant 29 Agreement with the Ramsey Conservation District with the said indemnification clause noted above and 30 contained therein at Page 2, Paragraph 3 for the express purpose of allowing DSI to apply for possible 31 reimbursement from the Ramsey Conservation Dish administration of the Natural Resource Block 32 Grant for the Implementation of the Wetland Conservation Act. Requested by Department of: Adopted by CounciL Date s�/�/ ��D/� Adoption Certi by Counci ecretary BY� // ///ilv / oii�/l<d// Approved� y ate J'`� L7 Zo �,� BY� � 4��1/ � DSI By: ]��, Approved by the Office of Financial Services By: Approved y City Attomey a �,/, W�.►.�.-- S-l2- to Approved by Mayor for Submission to Council BY= `Yi �,tJ1.2�` � s..� nn 10-504 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � S � _ Dept. of Safety & Inspections ' Contact Person & Phone: Phil Belfiori i 266-9112 ! Must Be on Council Agenda by (Date): Doc. Type: RESOIUTION ; E-DOCUment Required: Y �� Document Contact: Robert Humphrey � Contact Phone: 266-9723 Total # of Signature Pages __ _ - �2Mnvzo�o I Greert Sheet NO: 3111138 � 0 �ept, ofSafelV & Inspections 1 �i. of Safety & Iospections Assign Z itypttornev Number For 3 � ayor's O�ce Routing 4 �ouncil Order 5 Ciry Clerk i (Clip All Locations for Signature) �L' s-�• !•'j J Action Requested: Approval of a Resolution authorizing the Department of Safety and Inspections to enter into an Agreement with the Ramsey County Conservation District for the purpose of allowing DSI to appply for possible reimbursement from the Ramsey Conservation Dishict for implementation of the Wetland Conservation Act. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civii Service Commission Personal Service Conirects Must Answer the Following Questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person/firm 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 separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): DSI, through its Water Resources Coordinator Phil Belfiori, has done work in implementing the Wefland Conservation Act. Council action is necessary in order for DSI to receive approximately $2,890.00 in grant money from the Ramsey County Conservation DisCrieY Por this work. Advantages If Approved: DisadvantageslfApproved: DisadvanWges If NotApproved: Total Amount of Transadion: Funding Source: Financiaiinformatlon: (Explain) Cost/Revenue Budgeted: Activity Number: May 12, 2010 1:41 PM Page 1 10-504 1425 Paul Kirkwold Drive Highway 96 & Hamline Avenue Arden Hills, MN 55112 Telephone 651-266-7270 Faz 651-266-7276 www. ram seyconservation.org May 3, 2010 TO: Doug Thomas, Ctiff Aichinger, Stephanie McNamara, and Phit E3elfiori FROM: Com Pctcrsen ' Dist€ict Manager � �� � .•��-�'"�� ���� �, w SUBJEC'I': LGU WCA Admin. Cost-share Reimbursement We have �6,430.5 in FY-09 and $19,000 in FY-10 - BWSR LGU WCA Admin. Cost-shaze funding available. To avoid sending any or all of the remaining FY-09 funds back 10 BWSR, the RCD Boazd must approve reimbursement at its May 14` 2010 meeting. If you are interested in receiving reimbursement for your WCA administrative activities for the period of November l, 2009 thru Apri130, 2010, please submit an invoice and hourly itemization of reimbursable activities, in Ramsey County only, (eligible costs items a thru q) per the attached subgrant agreement. In addition, please sign the subgrant agreement for the period of November 1, 2009 thru April 30 2010. Please remember that the reimbursement is for %z of the total cost. Please reflect this in your invoice. For example, if you spent $1,000 on WCA admin. you would be eligible for $500 reimbursement. It is very important that I have you numbers by 12:00 noon, Wednesday, May 12, 2010. As in the past, I wiIl accept department head/administrator signatures on the subgrant agreement, so long as your boazd of d'uectors has authorized participation in this program in the past. Ramsey Conseevation District 10-504 SUBGRANT AGREEMENT BETWEEN AND THE RA:�+ISEY CONSERVATION DISTRICT FOR WETLAND CONSERVATION THIS AGREEMENT is entered into by and between the Ramsey Conservation District {District) and � _�_ (Subgrantee). WAEREAS, the District has received a Nataral Resources Block Grant from the State of Minnesota, acting by and through its Board of Water and Soil Resources (BWSR), for the purpose of implementing the Wetland Conservation Act; and, WHEREAS, the Subgrantee has applied to the District for a portion of the grant funds and the District has detennined that its application meets the criteria established by the State and BWSR io be eligible to be reimbursed with grant funds up to a 50% cost-share basis for qualifying expenditures; NOW, THEREFORE, it is hereby agreed: 1. Eligible costs. "I'he Subgrantee will be eligible for cost-share reimbursement for the following expenditures incurred between November 1, 2009 thru April 30, 2010: 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. Replacement plan review. d. Notification of wetland alteration. e. Meetings with individuals and developers related to wetland alterations. £ Attending BWSR sanctioned Wetland Conservation Act training sessions. g. Internal procedures for Wetland Conservation Act administration. h. Miscellaneous administrative and technical assistance to those being regulated by the Wetland Conservation Act. i. 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 certificateon. 10-504 Page Two- WCA Subgrant Agreement Developing/updating a comprehensive wetIand management ptan pursuant to MN WCA Rules. The plan must cover the entirejurisdiction of the Subgrantee. m. inven[ory and mapping of wetland impact si4es. n. Education activities regarding wetlands and WCA. o. Miscellaneous activities "tied" to WCA. g 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! Attorney costs do not qualify. Only expenses incurred for implementation of the Wetland Conservation Act within the County of Ramsey are cost-shaze reimbursable. In no event sha(I District subgrant funds be awarded to Subgantee 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/parks and capital improvement projects, if any, do not qualify for cost-share reimbursement under this Subgrant Agreement. Note: Attomey's fees/court costs shall uot be eligible for reimbursement. PavmenUAuditing The Subgrantee is responsible for documenting all expenditures in a manner and format acceptabie to the District. The maximum billing rate shall not 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-share funds to the Subgrantee. The District will reimburse the Subgrantee for qualifying costs for the stated reimbursement period in one payment in December, 2009. Subgrantee 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 ageement to the contrary andlor the policies of the Ramsey Conservation District. 3. Indemnitv The Subgrantee agrees to defend and indemnify the District, its officials, employees and agents from any and all liability, loss or damage they may suffer as a result of claims, demands, j udgnents or costs, including reasonabte attorney's fees, arising out of or related to Subgrantee's performance of this Agreement. Audit Until the expiration of three years after the fumishing of services pursuant to this Ageement, the Subgrantee, upon written request, shall make available to the District, the State Auditor, or the 10-504 Page Three - WCA Subgrant Agreement District's ultimate funding source, a copy 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 contract 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, retigion, national origin, sex, marital status, status with regard to public assistance, sexuat preference, age or disability, including, but not limited, to the Americans with Disahility Act. Entire Agreement This agreement is complete and supersedes all oral agreements and negotiations between the parties as well as any previous agreements presently in effect between the parties. 8. Insurance The Subgrantee sha31 secure insurance acceptable to the Ramsey County Risk Manager that may be neeessary 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-assi�nabilitv 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. Reoortin� In cooperation with the RCD, the Subgrantee shall provide the District and the BWSR with a Wetland Conservation Act, 2010 Summary per BWSR requirements. 11. Compliance to the Wetland Conservation Act and its Govemine Rules The District may withhold any or all potential grant funds to a Subgrantee if it is determined by the District, with consultation by the BWSR that the Subgantee has not satisfactorily performed required functions according to the Law. Specific documented instances/circumstances are required. 10-504 Page Four - WCA Subgrant Agreement IN WITNESS WHEREOF, the parties have caused Uris Agreement to be duly executed inten@ing to bound thereby_ RAMSEY SUBGRANTEE CONSERVATION DISTRICT I:Z�L7 wca subgrent vrith LGUS 2010 � CITY OF SAINT PAUL Chrutopher B. Coleman, Mayor May 11, 2010 Tom Peterson Ramsey Conservation District 1425 Paul Kirkwold Drive Arden Hills, MN 55112 Dear Tom: DEPARTMENT OFSAFETY AND INSPECTIONS Bob Kessler, Directar 10-504 375.lacksonStreet,Surte?20 Telep6oez 6�1-2 66 9 09 0 SamtPaul,Mrr�nesota55101-1806 Facsimile 651-266-9124 Web www stpauLgav/dse Please find below a stiumilary of Ciry of Saint Paul's eligible expenditures to implement the Wetland Conservation Act (WCA) between November l, 2009 and April 30, 2010. Project Elig. Expense Position Time Rate ($) - Total spent subgrant agreement limits billing at $85 /hour including salary and frin e Lilydale Wetland Field City Water 7 hours $85 $595 delineation verification of Resource wetland Coordinator delineations and Misc. adm. and technical assistance to those regulated by the Wetland Conservation Act. MCES Misc. adm. and City Water 25 Hours $85 $2125 Forcemain tecluucal Resource project assistance to Coordinator those regulated by the Wetland Conservation Act. and Field verification of wetland 10-504 t � delineations 5'S 5. McKnight Staffcosts City Water 20 Hows $85 $1700 Rd. Wetland associated with Resource Violation enforcement of Coordinator the WCA and Misc. adm. and technical assistance to those regulated by the Wetland Conservation Act. Exxon Mobil Misc. adm. and City Water 2 hours $85 $170 Project technical Resource assistance to Coordinator those regulated by the Wetland Conservation Act. General WCA Internal City Water 3 hours $85 $255 administration procedures far Resource Wetland Cooxdinator Conservation Act administration. General resident Miscellaneous City Water 10 hours $85 $850 inquixes activities "tied" Resource to WCA Coordinator Topic wetland Miscellaneous City Water 1 hours $85 $170 /Phalen wetland activities "tied" Resource restoration to WCA Coordinator TOTAL 68 $85 $5780 Hours (/2 per allowed 50°lo C/S basis Based on the information provided above, the City requests reimbursement in the amount of 2890.00. Thanks in advance for your consideration of this request and for your leadership on this matter. If you have any questions, please do not hesitate to contact me at (651) 266-9112. Sincerely, �� l�� --- - Phil Belfori,�� City of Saint Pau1 Water Resource Coordinator