HomeMy WebLinkAbout4C, Ramsey County Conservation District Shared Service AgreementEN HILL
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Re uest for Council Action
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Prepared By: Meagan Beekman, City Planner Council Meeting Date: July 12, 2010
Ramsey Conservation District Shared Service Agreement
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
Recommendation:
Approve a Shared Service Agreement Dated July 12, 2010, with Ramsey Conservation District for Grading and
Erosion Control Permit Inspection, Reporting, and Enforcement Services through December 31, 2011.
Supporting Documents:
l. Memorandum dated July 12, 2010, from Meagan Beekman
2. September 10, 2009, Service Agreement
3. July 12, 2010, Shared Service Agreement
�� �����
MEMORANDUM
DATE: July 12, 2010
TO: Mayor and City Council
Patrick Klaers, City Administrator
FROM: Meagan Beekman, City Planner
SUBJECT: Ramsey Conservation District Shared Service Agreement
Req uested Action
Approve a Shared Service Agreement Dated July 12, 2010, with Ramsey Conservation District
for Grading and Erosion Control Permit Inspection, Reporting, and Enforcement Services
through December 31, 2011.
Back�round
In July of 2008 the City Council adopted Chapter 15, the Erosion and Sediment Control
Ordinance, into the City Code, and authorized Staff to enter into a service agreement with
lZamsey �onservation I�istrict (iZ�i�) for inspection services. T�e ordinance brought the �ity
into compliance with more stringent State regulations regarding erosion and sediment control on
construction sites. The ordinance requires property owners engaged in certain kinds of land
alteration activity to obtain a Grading and Erosion Control (GEC) Permit with the City. The
purpose of the GEC Permit is to ensure that proper erosion and sediment control measures are in
place throughout the course of a project, that breaches in the control measures have not taken
place, and that soils are adequately stabilized once the project is complete.
In September 2009 the City finalized the service agreement with RCD to conduct inspections
relating to the enforcement of the GEC Permit (Attachment A). RCD has a program that assists
local governments in managing erosion and sediment and have staff certified in erosion and
sediment control inspection. The service agreement outlines the proposal for services between
the City and RCD through December 31, 2010. The GEC Permit holder is responsible for all
costs associated with the inspection and implementation of their permit, and the permit fee and
escrow is set at a rate that will cover the costs of the RCD inspections.
City of Arden Hills
City Council Meeting for July 12, 2010
\�Nletro-inet.us�ardenhills�l'lanning\City Council Memos`2010�RCD Shared Service Agreement\07-12-10 - Regular Meeting - RCD - Memo.doc
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Throughout the course of the last year, the services provided by RCD have been effective in
ensuring that the Erosion and Sediment Control Ordinance, and subsequently State Regulations,
have been followed. Issues have come up when sites have fallen out of compliance with the
regulations and the issuance, or the threat of issuance, of a Stop Work Order is required. In these
few cases the responsibility of who can and should issue the Stop Work Order is not clear in the
existing agreement. Additionally, it has become clear through the implementation of the service
agreement that inspectors at the RCD would be better served in their inspections if they had a
more clearly deiined and expanded role in reviewing permit applications prior to their issuance.
Upon consultation, the City Attorney recommended a shared service agreement that would more
formally outline the responsibilities of the City and RCD.. The City Attorney, together with the
County Attorney representing RCD, drafted a new agreement that would take the place of the
existing service agreement (Attachment B). The new shared service agreement would be in
effect until December 31, 2011, when it would be reviewed for renewal. Any costs associated
with the implementation of the new shared service agreement would continue to be covered
entirely by the GEC permit fee and escrow. This new agreement will utilize the expertise of
RCD to ensure that the GEC permit is properly implemented at no additional cost to the City.
On July 9, 2010, the Ramsey Conservation Board, upon recommendation from RCD Staff and
the County Attorney, approved the shared service agreement as presented herein.
Recommendation
Staff is recommending approval of a Shared Service
Ramsey Conservation District for Grading and Erosio
and Enforcement Services through December 31, 201 l.
Attachments
A. September 10, 2009, Service Agreement
B. July 12, 2010, S hared S ervice Agreement
Agreement Dated July 12, 2010, with
n Control Permit Inspection, Reporting,
City of Arden Hills
City Council Meeting for July 12, 2010
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July 12, 2010, City Council Meeting
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Sep�err�ber � �, 2009
�'o� P�ters�n
�Zamsey Co�servaiion Disiric�
1425 Paul �irkwflld D�ve
�-der� �i 1 ls, �� 5 � 112
�: Agreeme�t for E�os�on a�� Sedimen� Contr�l �s�ec�io� Services, City of Ar�er�
�i��s, Zfl�9-201 �
�ear To�:
��e City of Arden �ills �tl�e Ci�y� vvi�� e�npl�yee t�e �ams�� C�r�serva�ion District {t�e
�istrict) to perfo�n e�-osion and sedi�nen� conir�� pennit inspeciio� and r�p�r�i�g for
�roje�ts that tl�e C�ty is unabl� �o r��tine�y ins�ect.
�urs�ant to �ity �o�e, ��e deve�o�er is res�or�sible �o�: .
1. Prepan�g ar� e�-asion a�d sec�im�nt cont�-o� �la� f�r C�ty r��i�w and a��rova�.
2. �ub�itting a�� required escrovv de�osi�s f�r ��e pr�jec� to �he Ci�y.
3. �ns�alli�g ant� rna�niain�r�g t�e BN�Ps o� t�e deve�op�ent �iie unt�� �i�al
s�abil�za�ion has oc���red.
�. �'rov�di�g the ap��-c�v�l. e�-osio�n and sedi�nent co�trol �la�, an� t�e �a��tena��e
log or�-s��e t�uring regu�ar busi�ess hours.
5. �ns�ec�ing t�e BMPs at leas� weekl� ar�d af�er 0_S-in�h �a��fall eve��s.
6_ �aintair�ing and repai�ing B��'� as needed.
�_ �a�aging con.��ruc��flr� site �v�.s�e a�pr�pria�ely_
T�e ft��lowi�g Ag�eer��nt out�i�.es th� prop�sal f�r services be�wee� th� Ci�� and �he
��s��i�t �or t�� pe��d o� Se��e�ber 15, 20�9, ihr��gh �ece�b�r 3�, 201��
C�TY ���i��SIi3�����E�
�'�e City is res�onsi��e �or:
�. �'er�it adn�i��istration, fee co l�ec�ian and t�e adr�inis��ati�� o f al� esc�-�vv
deposit�_
2_ �Determ�ning the deve�o�n�er�� siies wh�re e��sion an�i sedi�en� co�iro� �s
required, and rev�e��v a�.d a�pr�va� o f eros�c�� a�d sed��neni cor��rot p�ans.
3. �inal insp�ctio� of a�� dev��o�n�ent sites and release of u�used escrow c�ep�sits.
4. Noti��ing th� D�strict �f
a. �ern3i�s tha# wil� be subjec� �o i�.s�eci�an by ��e D�str�c�.
b. lvame, address and p��ne o��e�i��ee.
c. Desc�ptior� a�d ex�ect�� du�at�on o� pro� ec�.
d. Any specia� con�i�l�ratior�s i�e��if ed b� �he C�ty.
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�. �ec�iving initiai i�s�e�tion reque�is �ric��- tt� �h� �rojec� co��e�ci�g an� to
��ovide t�e D�str�ct a n�in��num �4 �ours notice �f inspec�ior� requests.
�. En#`o�-cen�ent action in the ev�n� of failur� to co�rec� ca�d�tions a�#er �oti�e by ���
�i5��'1C�.
S�OPE OF RA.MSEY C4NSERVATI�N �IS'�'RICT SERVICE�
The Dist�ct wi 11 provide:
�. �nspections b� q��.�ified staf�, at an �our�� rate �f $bS.a�. LJ�less o��ervv�se
req�es�e� by t�e �ity, ins�ect�o�s s�a�I �� cfl�d�.��ed du�ng reg�la�- busi�es�
�o�rs, 8:�0�� — 4:30�'�, �c��.da� �� ��day, excludi�g State �oi�days.
2. �egular ins�ect��ns �hal� be co�d�cted fo� �he sit�s ide�ti�'ie� �� ��e Ci�y:
a. ��i�ia� ��VIP �ns�ectio� pr�or �o site disturbance, as sche�uled �y t�e �i��.
b. Week�y inspec�ions during �h� �e�o�i of �i�e dis��rb�.nce.
�. Rou�i�e ir�.specti��s a�te�r a fl.�-incl� rai�fal� eve�t.
d. Re-inspect�o� to ver�f�r �or��ct�o�s �ave b�en �ade, as requir�d �y t�.e
C�ty.
3. Pro�id�e the City �opies of t�� inspection r�ports within 72 �ou�s o� t�e inspectio�o
�� �, re-ir�s�ect�on iden�ifie� t�at co�re�tior�s �a�e not bee� made ar�d enfo�cemex�t
a.��ion is ne�c�ed, t�e �istr��t sha�� n��if� ��e �i�� as soon as possi��e flf the
vio�atio�, b�� wit�in 24 �ours.
4. �on�h�y bi�li�g �o�- servi�es_
5. �� t�e event t�e services provided by t�e �ist�ic� a�-e par� of a�egal
c�ai�/�itigation, the ��s���t sha�l be �e�r�bursed by the ��t� for a�� costs i�c�rre�.
b� �he �istr��� a��ociatet� vvith th� ��ga� clai�litigation.
2009-201 � CO�T an� Paynnent to t�e Distric#
`��� �istr�ct sha�l �e rein�bursed �or m�leage at �he currer�t �S rate per �i��.
�'h� Dist�ict s�a�l su�n�it and inv���e for se��ces a�d �i�eag� �en�ered �nont��y. �he
Cit� shal� r�ir�bu�se t�� d�s�ric� with�� 30 t�a�s of i�voice rece�p�.
C�A����S ��I �C(3�� A�� R�S�'�i�IS���,��'��S
�� t�.sks added io or c�ei�te� fram t�� above serv�ces (due tc� sigrr��f �a�t chang�s �� t�.e
gene��� scop� or design of ihe pro�ec�) sha�� b� by wri�#�n a�end�n��.t �c� t�is Agreen�en�,
a�d s�gn�d by �o�h pa�ies.
�'his A�reen���t �na� be �er�inated by �it�e� ��.riy ��o� 30 {t�iriy� days w�-�t�en �o�i�e.
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A�CEPTED BY
�'�E CI'I'Y OF AlZDEN I�ILL
�Y:
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Date. e- ��
ACCEPTED BY �i'HE RANiSEY
C�NSERVATIO�T DISTRI�'�'
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BY: "
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Date:
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July 12, 2010, City Council Meeting
SHARED SERVICE AGREEMENT
CITY OF ARDEN HILLS
RAMSEY CONSERVATIUN DISTRICT
1.0 A�reement. This Shared Service Agreement ("Agreement") is entered into by and
between the City of Arden Hills, a Minnesota Statutory City ("City"); and Ramsey
Conservation District, a political subdivision in the State of Minnesota ("District").
2.0 Authorization. This Agreement is authorized pursuant to the provisions of Minnesota
Statutes §412, Minnesota Statutes § 103(C), and Minnesota Statutes §471.59.
3.0 Pur ��_. The City is requesting the District to provide personnel to perform erosion and
sediment control permit inspections, reporting and enforcement services, as defined
.
herein.
4.0 Terms. In consideration of the mutual undertakings herein expressed, the parties agree
as follows:
A. Cit.�Responsibilitv. The City will:
1.
2.
3.
Accept, process, and maintain records in connection with Grading and
Erosion Control Permit ("GEC Permit") applications.
Collect and account for GEC Permit fees and escrows.
The completed GEC Permit application shall include the following
information:
a. Name, address and phone number of permittee.
b. Description and expected duration of proj ect.
c. Any special considerations identi�ed by the City.
4. Issue GEC Permit upon receipt of a positive recommendation from the
District. GEC Permits shall be issued subj ect to compliance with
approved Plans and Specifications and other conditions of approval
recommended by the District or the City.
5. Authorize District to issue stop work orders where appropriate.
6. Compensate the District for services rendered at the District's hourly rate
(currently $65 per hour), including services rendered by staff in
connection with any litigation arising out of the issuance of a Stop Work
Order at the direction of the City pursuant to the terms of this Agreement.
The City acknowledges that the District's hourly rate is adjusted annually.
7. The District shall receive mileage reimbursement at the current IRS rate.
B. District Responsibilities. The District will:
1. Provide inspections by quali� ed staff. Unless otherwise requested by the
City, inspections shall be conducted during regular business hours, 8:00
AM — 4:3 0 PM, Monday to Friday, excluding State holidays.
2. Provide the following regular inspections for the sites identified by the
c ity.
a. Initial Best Management Practice inspection prior to site
disturbance, as scheduled by the City.
b. Weekly inspections during the period of site disturbance.
c. Routine inspections after a 0.5-inch rainfall event.
d. Re-inspection to verify that corrections have been made, as
required by the City.
3. Provide the City with a copy of the inspection report within seventy-two
(72) hours of the inspection. If a re-inspection identi� es that corrections
have not been made and enforcement action is needed, the District shall
notify the City as soon as possible of the violation but, in all cases, within
twenty-four (24) hours of the re-inspection.
4. Issue stop work orders, as directed by the City, in those cases where GEC
Permittees have not complied with the erosion and sediment control
re�ulations ancl/ox with th� conditions attach�d to th� (��C P�r-rnite
5. Invoice the City for services rendered on a monthly basis.
5.0 Indemnification. The City shall indemnify, defend and hold harmless the District for any
damages to third parties arising out of services provided by the District pursuant to the
terms of this Agreement provided, however, that the City's maximum liability shall be as
stated in Minnesota Statutes §466.
6.0 Amendment. This Agreement may not be amended without the written consent of each
of the partieso
7.0 Termination. This Agreement shall be binding upon the parties from its effective date
until December 31, 2011 provided that either party may terminate this Agreement upon
sixty (60) days written notice to the other party.
8.0 Effective Date. This Agreement shall become effective upon the execution by each of
the parties.
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IN WITNES S�iTHERE�F, the City and Ramsey Conservation District have caused this
Agreement to be executed as of the date and yeax first above written.
CITY OF A,RDEN HILLS,
a Minnesota statutory city
Stanley D. Harpstead, MAYOR
ATTEST:
Patrick Klaers, City Administrator
STATE OF MI7�]NESOTA )
) ss.
COI.TNTY OF )
On this day of , 2010, before me, a notary public Within and for said
county, personally appeared Stanley D. Harpstead and Patrick Klaers, to me known to be
respectively the Mayor and City Administrator of the City of Arden Hills, and they executed the
foregoing instrument and acknowledged that they executed the same by authority of and on
behalf of City of Arden Hills.
Notary Public
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RAMSEY CONSERVATION
DISTRICT, a political subdivision
By:
Printed Name:
Title:
STATE OF MI7�TNESOTA )
) ss.
COU1�T'�Y O� )
On this day of , 2010, before me, a notary public within and for said
county, personally , the of Ramsey Conservation District, a
political subdivision, and he/she/they executed the foregoing instrument and acknowledged that
he/she/they executed the same on behalf of said corporation.
Notary Public
�lyden Hi11s�Forms\Shared Service Agr.vl0.doc
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