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