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95-903e ORfGI�IAL CITY OF Presented By Referred By 1 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Council File # � ��� Green Sheet # � RESOLUTION �I PAUL, MINNESOTA 3( , Committee: Date WHEREAS, the City has been awarded a$115,000 grant from the I.egislative Commission on Minnesota Resources (LCMR) to restore about four acres of wetland at the south end of Lake Phalen, and WHEREAS, the City will also be receiving additional grants from Reinvest in Minnesota ($20,000) and from the Minnesota Waterfowl Association ($20,000) for this project, and WHEREAS, a condition of the LCMR grant is that the City commit $30,000 of its resources to this project, and WHEREAS, the CIB Committee has forwarded its recommendation to fund this project, and WHEREAS, the Phalen Wetland Restorarion Project provides a unique opportuniry to restore a wetland in an urban setting, and WHEREAS, the project will create the following benefits: * It will become a neighborhood amenity * It will restore the site's natural stormwater cleaning function � It will reduce non-point source pollution * It wi11 enhance wildlife habitat * It will expand our understanding of how to achieve biodiversity in restored wetlands * It will provide an environmental education resource. NOW THEREFORE BE IT RESOLVED, by the City of Saint Paul that the City accepts the grant of $115,000 from the Legislative Commission on Minnesota Resources for the two year period beginning July 1, 1945, and be it FURTHER RESOLVED, by the City of Saint Paul tt�at the City accepts the grant of $20,000 from the Minnesota Waterfowl Association, and be it 95 36 FURTHER RESOLVED, by the City of Saint Paul that the City accepts the grant of 37 $2d,000 from Reinvest in Minnesota, and be it 38 39 F[JRTHER RESOLVED, by the City of Saint Paul that the City enter into the attached 40 Agreement with the State of Minnesota, acting through its Board Of Water And Soil 41 Resources, to construct the Phalen Wetland Restoration Project, and be it 42 43 FURTHER RESOLVED, by the City of Saint Paul that the Mayor, Norm Coleman, be 44 authorized to execute the attached Agreement for the above mentioned project on 45 behalf of the Ciry, and be it 46 47 48 49 50 51 FTNALLY RESOLVED, by the City of Saint Paul that the City is committed to providing $30,000 in matching money for this project out of 1996 Capital Improvement Budget. Certified by Council Secretary By: Approved b,�/Mayor': Date � Requested by Department of: zy�5 Public Works B � �^"' C_ —r Form Approved by City AttorneY ; � ^ � gy' _ l r�_ .%._ ,.<" . ' Approved b Mayoi' for S to Council ��L� <���w���` Adopted by Council: Date DEf'PAIMENTlOFFYCElC�UNCII OATEINITIATED GREEN SHEf�U ` ��N�. � Public Worlcs 7j6/9S INI DATE CONTACT PERSON 8 P41QNE INITIAVOATE � DEPARiMENT DIREC70A ❑7 CIiV COUNCIL Mike Kassan 266-624 ASSIGN ❑ CITY ATTOFNEY cinaEruc NUMBEHFOA 5 ❑ MUS78EONCOUNGILAGENOABY(DA ) ROUTtNG g�}p�ETDIRECTOR OPDER � � FlN_ & MGT. SEPVICES DIR. rd� MAYOR (OR ASSISTANn � t,1_1 iOTALtOFSIGNANREPAGES 1 (CLIPALLLOCATIONSFOqSiGNATUpE) �A550CIA7E �DEPi.ACGOUM S ACTONREQUESTED Approve the attached resolution accepting gran#s from the Legisfative Commission on Minnesota Resources (LCMR}, Reinvest in Minnesota (RlM) and the Minnesota Wate�fiowl Association for the Phalen Wetland Restoration Project. Aiso, authorize City officials to enter into a contract with the State of Minnesota to receive this grant (copy of agreement ,.,�.,�r.,���..n�:.w��we i�� o� �r� i�� PERSONA� SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: PLANNING COMMISSION qVIL SERVICE COMMISSION 7. Has this persoNtirm ever woMetl untler a mntract for ihis departmerrtZ — YES NO CIB COMMITTEE A�.�O�h�ods 2. Has inis persoMirm ever been a ctly employee? YES NO sTAPF n.�vPloDmPnt Cnrn 3. Does ihis persoNfirm possess a sldll not normally possessed by any curtent ciry — employee? DISTRICTCOUNCII YES NO ___„__ „_„ __.,,,_„ __,___.,_ Explain all yes answers on separate sheet antl attach to green sheet �. �.�„ i .. .....,� � .�. The idea for this project grew out of the Phalen Village Small Area Plan. The project proposes to restore a wetfand on severaf acres of Park property East of Johnson Pkwy. and North of Maryland Ave. Early in 1994, Public Works and PED submitted a grant application to the LCMR for this project. Last month the City was awarded this grant. RECE�VED JuL i 3 �ss� If approved, the restored wet{and wil{ create a neighborhood amenity thBkl� '_� dlife habitat, cleans storm water runoff, is an environmental education resource, improves of surounding property and creates a more positive image for the area. ��� �� � ;t ';�'�� ra na ;�vi "i ��� The City wili be expected to commit $30,000 in CIB fiunds (to leverage $155,000 in grants?. �� �i �°z x���,i .. �..,. _ ;� Ai� The City wiii miss an opportunity to begin implementing the vision of the Phalen Smail Area Plan. �������� �' t ,1 5-.. �,Y !' F �� , .�UL 28 7995 ` ���� RT��R��Y TOTAI AMOUNT OF TRANSACTION S FUNDINGSOURCE LCMR, Rlt �INANCfAI IPIFORMATION: S�XPLAIN) COS7lREVENUE BUDGETED (CIRCLE ONE) (YES J No ACITVITY NUMeER � � �0�,� � AGREEMENT BETWEEN THE STATE OF MINNESOTA AND THE CITY OF SAINT PAUL 95-90� THIS AGREEMENT is made between the State of Minnesota, acting by and through its Board of Water and Soil Resources (hereinafter the "State"7; and the City of Saint Paul (hereinafter the "City"). WHEREAS, the City has proposed the Phalen Wetland Restoration project, and WHEREAS, The Minnesota Legisiature by 1995 Minnesota Laws Ch. 220, Sec. 19, subd. 8(e) appropriated $115,000 to the Board of Water and S�il Resources for an agreement with the City to restore a wetland at the south end of Lake Phalen; NOW THEREFORE, it is agreed between the State and the City as follows: i. GENERAL CONDITIONS 1.1 The State awards to the City up to $115,000 for the Phalen Wetland Restoration Project (hereinafter the "Project"). The obligation of the State under this Agreement is limited to $115,000. 1.2 1.3 The City acknowledges that these funds are proceeds from the Minnesota Environment and Natural Resources Trust Fund (hereinafter the "Fund"), which is subject to certain legal restrictions and requirements, including Minnesota Statutes Ch. 116P. The City is responsible for compliance with this and all other relevant state and federal laws and regulations promulgated pursuant thereto governing the proceeds of the Minnesota Environment and Natural R,esources Trust Fund in the fulfillment of the Project. CONTACT PERSONS The authorized contact person for the State is: James R. Birkholz Board of Water and Soil Resources One West Water Street, Suite 200 St. Paul, MN 55107 Page 1 95 The authorized agent for the City is: Michael G. Kassan, Jr. St. Paul Public Works 1000 City Hall Annex St. Paul, MN 55102 The acting fiscal agent for the City is: Michael G. Kassan, Jr. St. Paul Public �Vorks 1000 City Hall Annex St. Paul, MN 55102 2. PROJECT 2.1 DESCRIPTION OE' PROJECT This appropriation is from the trust fund to the Board of Water and Soil Resources for an agreement with the Gity of Saint Paul to restore a wetland at the south end of Lake Phalen. This appropriation must be matched by at least $50,000 in nonstate money. 2.2 PROJECT SPECIFICATIONS The Project shall have a Work Program approved by the Legislative Commission on Minnesota Resources (hereinafter the "LCMR") which is attached as Exhibit A and made part of this agreement. This Work Program describes the work to be completed by the City, the specific products that will be produced along with the date by which they will be delivered, and an estimate of the cost associated with each product. All material changes to the Work Program must be approved by the LCMR and wiil be made part of this agreement by reference. The City shall complete the Project as described in the approved Work Program and its amendments. The State has relied on the City's estimate of the total funds required to complete the Project. If the State funds prove insufficient to complete the Project, the City agrees to suppiy additional funds as needed. All deliverables or evidence that the deliverables have been satisfactorily completed are due in the LCMR office with a copy to the State contact person by June 30, 1997. The State and the LCMR may require the City to supply additional specifications about the Project including site plans, building specifications, research methodology and detailed work schedules. These additional specifications are subject to approval by the State. After completion of the Project, the City shall certify to the State that the Project, as conducted, conforms to these approved specifications. Page 2 95-903 2.3 ADMINISTRATION AND SUPERVISION The City shall be responsible for the administration, supervision, management and Project oversight that may be required for the work performed under this agreement. The City may employ such professional services as it deems reasonable and necessary to provide these services, subject to the provision of Section 5(Costs). 2.4 OWNERSHIP OF MATERIALS AND II3TELLECTUAL PROPERTY RIGHTS All rights, title, and interest to all intellectual property rights, inciuding patents, copyrights, services and trade marks, in all materials conceived or originated by City either individually or jointlp with others, which arise out of the performance of this agreement, are jointly owned by the City and the State. The State's ownership shall equal the percentage of the total Project cost paid for by state funds under this appropriation. The City's contribution must be for actual and direct costs for the Project. Ail City's contribution must be approved in advance to be eligible to qualify as City's contribution to the total Project costs for delivery ownership and regular percentages. This ownership interest shall not be reduced by any reimbursements to the Fund made by the City under Section 2.6 Sales of Products or Section 2.7 Royalty Payxnents. Any report, study, computer software, data base, model, invention, photograph, negative, audio or video recording, or other item or document, in whatever form, created or prepared by the City in the performance of its obligations under this Agreement are the exclusive property of the City and the State except where stated otherwise in this Agreement. The City, at the request of the State, shall execute any necessary documents necessary to transfer ownership rights to the State. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time, actuaily or constructively reduced to practice by the City or its employees in the course of or in connection with this Agreement, the City shall immediately give the State contact person and the LCMR written notice thereof, and shall promptly furnish the contact person and the LCMR with complete information thereon. The State, in consuitation with the LCMR and the City, has the sole right to determine whether or not and where a patent application shall be filed. Page 3 95-ga3 The City and the State reserve the right to use for their own purposes any inteliectual property right produced as the result of the Project without payment to the other party. The party using said product shall protect the intellectual property rights to the product and advise the other party of its use. The State reserves "march-in" rights which can be exercised if the City fails ta market or offer to market any product resulting from activities undertaken pursuant ta this Agreement within three (3) years from the termination of this Agi•eement, notwithstanding the above provisions of this section. The City shall, upon request of the State, execute and provide the necessary documents for this purpose. 2.5 OWNERSHIP OF RESEARCH RESULTS If, within three (3) years of the termination of this agreement, the City elects not to commercialize any product derived from the research conducted under this Project, the research materials shall be returned to the State without cost and free and clear of any obligation to the City. The City represents and warrants that the material produced under this Agreement does not and will not infringe upon the inteliectual property rights of another, including patents, copyrights, trade secrets, trade and services marks and names. The City will defend and indemnify the State at the City's expense any claims or actions brought against the State to the extent that it is based an a claim or action that all or part of the material infringes upon the intellectual property rights of another. The City is responsible for obtaining any necessary licenses to use the intellectuai property rights of another. 2.6 SALE OR LICENSE OF PRODUCTS The City agrees to reimburse the Fund revenues it receives from licenses, transfers, or other income generated from products based upon materials derived from this Project up to the amount of State funds provided under this Agreement. Such reimbursement will be made by the City upon first sale of any product worldwide whether or not such products are patentable. The City, for itself and its licensees, agrees to sell any product derived from this Agreement and not subject to ownership by the State to the State of Minnesota for the royalty-free wholesale price less a ten percent (10%) discount. This clause shall continue to be in effect after all State funds have been repaid to the State. Page a 95-903 2.7 ROYALTY PAYMENTS The State owns and shall take title to the percentage of a royalty, copyright or patent resulting from this Project equal to the percentage of the project's total funding provided by this appropriation subject to the provisions of Minnesota Statutes Ch. 116P.10. Cash receipts resulting from royalties from the licensing of copyright, patent, or other intellectual properties shall be paid to the Fund on a quarterly basis within thirty (30) days after the end of each calendar quarter. The City shall not license the intellectual property rights without the express written agreement of the State. 2.8 ACKNOWLEDGMENTS The City agrees to acknowledge the State's financial support for this Project. Any statement, press release, bid, solicitation, or other document issued describing the Project shall provide information on the amount and proportion of State funds supporting the total cost of the Project and will contain the following language: Funding for this project was approved by the Minnesota Legisiature, 1995 Minnesota Laws, Ch. 220, Sec. 19, Subd. 8(e) as recommended by the Legislative Commission on Minnesota Resources from the Environment and Natural Resources Trust Fund. Any site developed or improved by this Project shall display a sign, in a form approved by the State, stating that the site has x•eceived funding from the Minnesota Legislature. 2.9 REPORTS The City shall submit periodic Work Program status reports to the LCMR with copies to the State's authorized contact person in a form prescribed by the LCMR on or before the reporting dates stated in the Work Program. The State may require additional reports fram the City. 2.10 PURCHASE OF RECYCLED AND RECYCLABLE MATERIALS The City shall use this appropriation in compliance with Minnesota Statutes Ch. 168.121 to 16B.123 requiring the purchase of recycled, repairable, and durable materials, the purchase of uncoated paper stock, and the use of soy-based ink, the same as if it were a state agency. The City shall ensure that all sub-recipients comply with this requirement. Any deliverables submitted to the LCMR office will be rejected if not in compliance and wiil be deemed late andlor unacceptable. Pnge 5 95-903 2.11 PUBLICATIONS The State agrees that researchers engaged in this Project are encouraged to present at symposia, national or regional professional meetings, and to publish methods and results of the project in journals, theses or dissertations or otherwise of their own choosing provided necessary steps have been taken to protect the patents, copyrights, and other intellectual property rights resulting from the project. Research results must include the acknowledgement provided for in Section 2.8. The City shall provide advance notification to the State two weeks before publicizing any data or information derived from the Project in a gress release, publication, or presentation. 2.12 FAILURE TO COMPLETE PROJECT No reimbursements wi11 be awarded under this Agreement after June 3�, 1997 unless the City has completed the Project in accordance with the approved Work Program by that date. 3. USE OF F'[TNDS The City shall use the proceeds of this agreement only for the eligibie costs of the Project as described in the approved Work Program. 4. MATCHING FUNDS The appropriation language of 1995 Minnesota Laws Ch. 220, Sec. 19, Subd. $(e) states that this appropriation must be matched by $50,000 in non-state money and that these matching funds must be committed by January 1, 1996 or the appropriation will be canceled. No state funds will be made available under this Agreement until the City has provided the State and the LCMR, if applicable, with a description of the non-state matching funds, evidence of their fair market value, and certification that they are legally collectible. In the event that part or all of these matching funds later become unavailable or uncollectible, the City agrees to satisfy any deficiency. � ���1. 5.1 ELIGIELE COSTS Eligible costs are be those costs directly incurred by the City that are solely related to and necessary for producing the work products described in the approved Work Program. Eligible costs may include the following: Page C 95-903 5.1.1 Advertising costs solely for (1) Recruitment of personnel; (2) Solicitation of bids; (3) Disposal of scrap materials; (4) Other purposes specifically provided forin the approved Work Program; 5.12 Capital expenditures for facilities, equipment and other capital assets as expressly approved in the Work Program. For expenditures greater that $1,560, the City must include in the Work Program an explanation as to how all the equipment purchased with the appropriation will continue to be used for the same program through its useful life, or, if the use changes, a commitment to pay back to the Fund an amount equal to either the cash value received or a residual value approved by the director of the LCMR if it is not sold; 5.1.3 Communication costs incurred for telephone calls and postage; 5.1.4 Materials & supplies; 5.1.5 Printing & reproduction costs necessary for contract administration; Publication costs of reports relating to contract accomplishments; 5.1.6 Transportation and travel expenses such as freight relating to goods purchased for the Project, and lodging, meals, and transportation of personnel involved in the Project in the same manner and in no greater amount than provided for in the current "Commissioner's Plan" promulgated l�y the commissioner of Employee Relations; 5.1.7 Wages and expenses of salaried City's employees if specified in the Work Program; 5.1.8 Fringe benefit costs of City's employees if specified in the Work Program; 5.1.9 Professional services specified in the approved Work Program that are rendered by individuals or organizations not a part of the City; 5.1.10 Expenditures incurred after the effective date of the approved Work Program and before the effective date of this Agreement. 5.1.11 Items required by the State in this agreement that are not included in the Work Program. Page 7 95-903 5.1.11 5.1.12 5.1.13 5.1.14 5.1.15 The following types of costs are eligible provided that they are directly incurred by the City; are solely related to and necessary for producing the work products described in the approved Work Program; and have prior written approval of the State: Professional services not specified in the approved Work Program that are rendered by individuals or organizations not a part of the City; Educational program expenses such as conferences, seminars, books, materials and supplies; Public utilities such as water, sewage, electricity; Maintenance and repairs incurred for upkeep of property used directly in the Project which keeps it in an efficient operating condition; Administrative expenses such as accounting and budgeting. Any cost not defined as an eligible cost or not included in the approved Work Program shall not be paid from State funds committed to the Project. 5.2 NONELIGTBLE COSTS Noneligible costs for reimbursement means ali costs not defined as eligible costs, including but not limited to the following: 52.1 52.2 5.2.3 5.2.4 52.5 52.6 5.2.7 52.8 5.2.9 Any costs incurred before this agreement is executed except as provided in Section 5.1.10; Fund raising; Tases, except sales tax on goods and services; Insurance, except title insurance; Attorney fees; except for acquisition and clearing title to land; Loans, grants, or subsidies to persons or entities for development; Bad debts or contingency funds; Interest; Political contributions and Lobbyists. Page S 95~903 6. REIlI'�URSEMENT PROCEDURES To obtain reimbursement under this agreement, the City shall grovide the State with evidence that the portion of the deliverahle product and its related expenditures for which payment is requested has been satisfactorily completed. The State will make the final determination whether the expenditures are eligible for reimbursement under this agreement and verify the totai amount requested. All reimbursement requests for this project must be received by the State on or before August 15, 1997. No facsimiles will be accepted. Requests received after this date wili not be eligible for reimbursement. 7. ACCOUNTING AND AUDIT The City shall maintain books, records, documents, and other evidence pertaining to the costs and expenses of implementing this agreement to the extent and in such detail that will accurately reflect the total cost of the Project and all net costs, direct and indirect, of labor, materials, equipment, supplies, services, and other costs and expenses. The City shall use generally accepted accaunting principles. All records shali be retained for five (5) years after the issuance of the final certificate of acceptance by the State. fihe State, its representative, or the legislative auditor shall have the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to reflect properly aii direct and indirect costs. The City shall make available at all reasonable times and before and during the period of records retention proper facilities for such examination and audit. 8. fIUMAN RIGHTS The City, in the conduct of the Project, shall comply with the Amerieans with Disabilities Act of 1990 (P.L. 100-336); Minnesota Statutes Ch. 363 (the TVIinnesota Human Rights Act), and Minnesota Statutes Sec. 181.59-60 which forbid discriminatory practices and provide for affirmative action; and a11 applicable rules and subsequent amendments. The City shail provide the State with evidence that it has received a certificate of compliance from the Commissioner of Auman Rights pursuant to Minnesota Statutes Sec. 363.073, or is exempt from said statute. This evidence of compliance is attached as Exhibit D. Page 9 95-903 9. 10. COMI'ENSA'I'ION The City in the conduct of the Project shall comply with the provisions for workers compensation in �lIinnesota Statutes, Sec. 176.181 subdivision 1 and Sec. 176.182. LIABILITY Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The State's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Sec. 3.736, and other appiicable law. ii. ii.i MG �t•.,7T EFFECTIVE DATE This Agreement shall become legally effective upon such date as it is executed by the Commissioner of Finance or July 1, 1995, whichever is later and shall remain in effect until June 30, 1997 or until all obligations set forth in this Agreement have been satisfactorily fulfilled, whichever occurs first. 112 TERMINATION This Agreement may be terminated by the State for cause at any time upon seven (7) days written notice to the City. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. This Agreement may also be terminated by the State in the event of a default by the City or in the event that the legislature no longer appropriates monies for the Project. This Agreement may be terminated by the State or the City at any time with or without cause upon thirty (30) days' written notice to the other party. In the event of such a cancellation, the City shall be entitled to payment determined on a pro rata basis for work or s�rvices satis£actorily performed. 11.3 AMENDMENTS This Agreement may be amended in wxiting by the mutual agreement of the State and the City. Amendments must be consistent with the Work Program and its approved amendments. Pnge 10 95~g� 12, ANTITRUSfi PROVISION The City hereby assigns to the State of Minnesota any and all claims for avercharges as to goods and(or services provided in connection with the Agreement resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. 13. CHOICE OF LAW A11 matters relating to the performance of this Agreement shall be controlled by and determined in accordance with the laws of the State of Minnesota. City of St. Paul B Y' -- Mayor Date: gy ' ---------------- Director, Department of Public Works Date; B Y' ------------------ Director, Department of Finance and Management Service Date: Approved as to form: : Assistant City Attorney Date: Department of Board of Water and Soil Resources By ' ------------ Executive Director Date: Commissioner of Finance B y' --- Date: Approved as to form and execution Hubert H. Humphrey, III By: Assistant Attorney General Date: A certified copy of the City of St. Paul Resolution unconditionally approving this Agreement is attached as Exhibit 0. Page 11 95-903 List oFFarrubits A Work Program With LCMR Appmval Letter B List of Deliverable Piroducts and Related Budget C Certification And Approval By Board Or Council D Evidence of Compliance with Affix�native Action Statue [if applicable] E. Confirmation of Match Support from the A'tiniiesota Waterfowl Association