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95-1470 Council File # 9 5 / V7O Green Sheet # 33074 RESOLUTION CITY OF SAINT PAUL, MINNESOTA ao Presented By � q- Referred To Committee: Date 11/071/95 1 2 3 4 5 AIR QUALITY MONITORING AGREEMENT 6 7 8 RESOLVED, That the proper City Officials are hereby authorized and Directed to execute an agreement 9 leasing approximately eight - hundred (800) square feet of land, located ten (10) feet north of Sewage Pump 10 Station No.2 at 1450 Red Rock Road to the State of Minnesota Pollution Control Agency, to be used as a 11 pollution control monitoring site for the term of four (4) years, six (6) months and twenty -seven (27) days 12 beginning December 4, 1995 through June 30, 2000. 13 Yea Nays Absent Requested by Department of: Blakey h Grimm Guerin Public Works Harris Megard Rettman Thune v ,/ By: (C,_ O i Adopted by Council: Date C2)16,-.A0 \9. S Form Ap by i Att rney Adoption Certified by Council Secretary e BY: I - ` •.c. By: Approved by ayo. D• e �® Approved by Mayor for S m'ssion to By: � / By: 9s—/V 1 DEPARTMENT/OFFICE/COUNCIL DATE INITIATED PED PLANNING 11 95 GREEN SHEET NO _ 3 3 074 CONTACT PERSON 1 PHONE p� DEPARTMENT DIRECTORN ® CITY COUNCIL INITWJDATE — Charles L. ,McGuire 266 -6553 NNUUMSReRFOR 0[ ITMA' NEV CITY CLERK MUST BE ON =MIL AGENDA BY (DA) ROUTING NI BUDGET DIRECTOR FIN. & MGT. SERVICES DIR. 0 C1 MAYOR (OR ASSISTANT) TOTAL # OF SIGNATURE PAGES / af ` (CUP ALL LOCATIONS FOR SIGNATURE) � .JQCI ` �" ACTION REQUESTED: Adoption of the attached resolution authorizing proper City Officials to execute a lease agreement to permit the installation of air quality monitoring equipment on vroverty owned by Public Works Scwer Division on Red Rock Road. RECOMMENDATIONS` Approve (A) or Rated (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: — PLANNING COMMISSION — CIVIL SERVICE COMMISSION 1. 14u this person/flrm ever worked under a contract for this department? — CM COMMITTEE i�t.vs _I V �� YES NO 2. Has this person/firm ever been a city employee? — STAFF YES NO — DISTRICT coum — NOV 30 1.795 3. Does this person/firm possess a skill not normally possessed by any current city employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO oFF Explain all yea answers on separate shoat and attach to green sheet INITIATING PROBLEM, ISSUE. OPPORTUNITY (Who, Whet. Whe Whhsro, Why): The Minnesota Pollution Control Agency (MCA) is requesting that the Saint Paul Public Works Sewer Division lease space for the installation of air quality monitoring equipment on the site of Sewage Pumping Station No. 2 on Red Rock Road. Because this site is in a "Non- Attainment" area for airborne particulates (dust) a continuous monitoring site is required. ADVANTAGES IF APPROVED: Approval of the resolution will authorize City Officials to complete the lease agreement so that installation of the equipment can occur this fall. For the affected area to be reclassified as an attainment area, continuous monitoring is required. Improvements in area management have been implemented. Monitoring will demonstrate compliance. DISADVANTAGES tF APPROVED: Council Research Center NONE DEC 11 1995 DISADVANTAGES IF NOT APPROVED: If the lease requested is not approved another site in the immediate vicinity will be required since continuous monitoring is required to demonstrate compliance with National Ambient Air Quality Standards. Any new site would require considerable additional search and federal approval. TOTAL AMOUNT OF TRANSACTION COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN me GREEN SHEET 11■STRUCTIONAL MANUAL AVAILABLE IN THE PURCHASING OFFICE (PHONE NO. ROUTING ORDER: Below are correct routings for the five most frequent types of documents: • ' CONTRACTS (assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants) 1. Outside Agency 1. Department Director 2. Department Director 2. Budget Director 3. City Attorney 3. City Attorney 4. Mayor (for contracts over $15,000) 4. Mayor /Assistant 5. Human Rights (for contracts over $50,000) 5. City Council 8. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services 7 'Finance Accounting ADMINISTRATIVE ORDERS (Budget Revision) COUNCIL RESOLUTION (all others, and Ordinances) 1. Activity Manager 1. Department Director 2. Department Accountant 2. City Attorney 3. Department Director 3. Mayor Assistant 4. Budget Director 4. City Council 5. City Clerk 6. Chief Accountant, Finance and Management Services ADMINISTRATIVE ORDERS (all others) 1. Department Director 2. City Attorney 3. Finance and Management Services Director 4. City Clerk TOTAL NUMBER OF SIGNATURE PAGES Indicate the #of pages on which signatures are required and paperclip or flag each of these pages. ACTION REQUESTED Describe what the project/request seeks to accomplish in either chronologi- cal order or order of importance, whichever is most appropriate for the issue. Do not write complete sentences. Begin each item in your list with a verb. RECOMMENDATIONS Complete if the issue in question has been presented before any body, public or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Council objective(s) your project/request supports by listing the key word(s) (HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL) PERSONAL SERVICE CONTRACTS: This information will be used to determine the dg's liability for workers compensation daims, taxes and proper civil servo e hiring rules. • INITIATING PROBLEM, ISSUE, OPPORTUNITY Explain the situation or conditions that created a need for your project or request. ADVANTAGES IF APPROVED Indicate whether this is simply an annual budget procedure required by law/ charter or whether there are specific ways in which the City of Saint Paul and its citizens will benefit from this project /action. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this project/request produce if it is passed (e.g., traffic delays, noise, tax increases or assessments)? To Whom? When? For how long? DISADVANTAGES IF NOT APPROVED What will be the negative consequences if the promised action is not approved? Inability to deliver service? Continued high traffic, noise, accident rate? Loss of revenue? FINANCIAL IMPACT Although you must tailor the information you provide here to the issue you are,addressing, in general you must answer two questions: How much is it going to cost? Who is gang to pay? • FY AGENCY FUND ORG APPR REPT OBJECT VENDOR AMOUNT REG# SOL# CONTRACT# ORDER# COST CODE 5 MINNESOTA POLLUTION CONTROL AGENCY Equipment Monitoring Site Agreement This Agreement is made by and between City of Saint Paul, Department of Public Works hereinafter referred to as "LESSOR ". and the state of Minnesota, Pollution Control Agency, hereinafter referred to as "LESSEE". WITNESSETH: LESSOR and LESSEE, in consideration of the rents, covenants and considerations hereinafter specified, do hereby agree each with the other as follows: 1. LEASED PREMISES AND TERM: LESSOR grants and LESSEE accepts the use of the following described premises in the city of Saint Paul , county of Ramsey , Minnesota, to -wit: approximately eight- hundred (800) square feet of land, located ten (10) feet north of Sewage Pump Station No. 2 at 1450 Red Rock Road. to be used as a pollution control monitoring site for the term of four (4) years, six (6) months beginning January 1, 1996 through June 30, 2000 . 2. RENT: As payment for the above described Leased Premises, and in consideration for all covenants, representations and conditions of this Lease Agreement, LESSEE agrees to pay LESSOR the sum of $6075.00 for the term of the lease, payable as follows: $675.00 on July 1, 1996, $1350.00 on July 1, 1997, $1350.00 on July 1, 1998, $1350.00 on July 1, 1999 and $1350.00 on July 1, 2000. 3. TERMINATION This Agreement may be terminated by either party upon giving thirty (30) days prior written notice of such termination to the other party. ys /4/7 4. DUTIES OF LESSOR: LESSOR shall furnish and provide for the use of LESSEE: a. access to the site b. electricity to operate monitoring equipment. The cost of any necessary electrical equipment and its installation shall be the responsibility of LESSEE. 5. LESSEE shall be responsible for payment of the costs of electricity used for the monitoring site. 6. DUTIES OF LESSEE: Except as otherwise provided herein, LESSEE shall furnish all materials and services required for its use of the Leased Premises, and shall maintain the Leased Premises in a reasonably good condition and state of repair during the continuance of its tenancy, and shall surrender the Leased Premises to LESSOR at the termination of such tenancy in such condition as the same was in at the commencement of such tenancy, reasonable wear and • damage by the elements excepted. At the termination of the Lease Agreement, LESSEE shall be responsible for any repairs to the Leased Premises caused by removal of its pollution monitoring equipment. 7. LIABILITY: LESSEE shall be liable for injury to or loss of property or personal injury or death caused by an act or omission of any employee of LESSEE in the performance of this contract, under circumstances where LESSEE, if a private person, would be liable to the claimant, in accordance with Minn. Stat. § 3.736. Nothing in this Lease Agreement is intended to be construed as a waiver of the Tort Claims Act, Minn. Stat. § 3.736 or any other law, legislative or judicial, limiting governmental liability. 8. OTHER CONDITIONS: a. Pursuant to Minn. Stat. § 16B.06, subd. 4, the books, records, documents and accounting procedures and practices of LESSOR relevant to this Lease Agreement shall be subject to examination by the state and/or Legislative Auditor during normal business hours and after reasonable notice to LESSOR. b. LESSOR agrees to provide and maintain the Leased Premises and the building of which the Leased Premises are a part with accessibility and facilities meeting code requirements for handicapped persons, pursuant to all applicable laws, rules, ordinances and regulations as issued by any federal, state or local political subdivisions having jurisdiction and authority in connection with said property. ys -/'/7" c. When applicable, LESSOR certifies that it has received a certificate of compliance from the Commissioner of Human Rights pursuant to Minn. Stat. § 363.073, or that it has not had more than 20 full -time employees at any time during the previous 12 months and claims exemption from Minn. Stat. § 363.073. d. LESSOR agrees that in exercising its management responsibilities of the property which the Leased Premises are a part, including the maintenance, repair, alterations and construction relating thereto, it shall comply with all applicable laws, statutes, rules, ordinances and regulations, including but not limited to building code, disabilities access, zoning, air quality, pollution control, recyclable materials and prevailing wage requirements, as issued by any federal, state or local political subdivisions having jurisdiction and authority in connection with said property. e. LESSEE agrees to observe reasonable precautions to prevent waste of heat, electricity, water, air conditioning any other utility or any service, whether such is furnished by LESSOR or obtained and paid for by LESSEE. • 95— /V7' APPRO ED AS TO F 4 RM: CONSULTANT: , Assistant City Attorney CITY OF SAINT PAUL: FUNDING ACCOUNT: 6‘,/,_,- Stacy Becker, irector p Department of Public Works Department of Public Works Martha Larson, Director Department of Finance and Management Services LESSOR As to form and execution by the Attorney General By Title By Assistant Attorney General Date Date LESSEE Pollution Control Agency: Minnesota Pollution Control Agency By By Title Date Encumbered Date Commissioner of Administration Delegated to: By Title By cc: Fully- executed copy to Dept. of Administration, Real Estate Management Division GSE: