85-1105 WMITE - CITV CLER1( I
PINK - FINANCE COUIICIl
CANARV - DEPARTMENT I C TY OF SAINT PALTL File NO• �� /���
BLUE - MAVpR
' oun 'l Res �tion
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Presented By
Referred To Committee: Date
Out of Committ �e By Date
RESOL ED, that the Council of the City of Saint Paul does
hereby ap rove Agre ment between the City and the United States
of Ame.�ic whereby he City would receive funds from the United
States Go ernment f r the purpose of aiding the repair of the
, �Mississip i River -B nk Protec�ion adjacent to Warner Road with
the City agreeing to pay all repair costs in excess of the
said $250, 000, agr es to indemnify the United States Government
from dam ges due o the construction and maintenance of the
project e cept for uch damages are due to the fault or negligence
of the U ited States or its contractors and to grant such rights
of entry upon city owned property as may be required, and the
Mayor and the Direc or of the Department of Finance and Management
Services be and i hereby authorized and directed to execute
the Agre ment and 11 other required documents , copies of which
shall be maintaine in the office of the Director of the Depart-
ment of Finance and l�ianagement Services.
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COU[VCILME
Yeas ays Requested by Department of:
Drew
Masanz In Favor ���� ��K�
Nicosia �
Scheibet _ Against BY � � �O'� �y�� ��
Sonnen
Tedesco
Wiison AUG 1 5 1985 Form Appro ed y City Attor
Adopted by Council: Date —
Certified Y•. ed ouncil t BY
App ve by IVlavor: Date AUG 1 9 �985 Appro by a r f S �ssion t Council
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By
PUBLISHED AU u 2 `� 1985
Public Worka DE PARTMENT ������ N� 12 31
A en h �0�lTAGT
2 2_� PHONE
A t 6 1 DATE reen e e
ASSIGN NUN�ER FOR ROU ING ORDER li All Locations for Si nature :
� Department Direct r Director of Management/Mayor
2 Finance and Manag ment Servic s Director � City Clerk
Budget Director
City Attorney
WHAT WILL BE ACHIEVE BY TAKING TION ON THE ATTACHED MATERIALS? (Purpose/
Rationale) :
The atta�hed Resol ion will au horize the City to enter into an agreement rrith the United
wtates of America f r loeal c eration on Emergency Bank Protection along Warner Road snd
the Miasiasippi Ri . The loa tion of the pro�ect is approximstely 8,000 feet eagt of the
I,afayette Bridge.
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COST/BENEFIT BUDGE RY AND PERS NNEL IMPACTS ANTICIPATED:
The United States f America w 1]. provide $250,000 of the pro�ect co'st with the remainder to
be paid by the Cit of Saint P ul. The tot�l estima�ted cost of the pro�eet is $250,000 and
would require no ity �'unding
FINANCING SOURCE A BUDGET ACT VITY NUMBER CHARGED OR CREDITED: (Mayor's signa-
ture not re-
Total_ Amount of Transaction: $25�,� quired if under
10,000)
Funding Source: United Stat s of America �
, re��..�-��. c�
Activity Number -------- �t� .
ATTACHMENTS Li st nd Number A 1 Attachments : �—� �''`'° �..����:�;��� �
1. Reaolution AUG �' �985
2. Co�py of Agre errt
PviAY'G;�'S �F�ICE
DEPARTMENT REVIEW CITY ATTORNEY REVIEW
�Yes No Cou cil Resolut on Required? Resolution Required? Yes No
Yes X No Insurance Requi ed? Insurance Sufficient? Yes No
Yes X No In urance Attac ed:
(SE REVERSE SIDE FOR INSTRUCTIONS)
Revised 12/84
HOW 'FO USE THE GREEN SHEET
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The GREEN SHEET has several PURPOSES:
1. to assist in routing documents and in securing required signatures
2. to brief the reviewers of documents on the impacts of approval
3. to help ensure that necessary supporting materials are prepared, and, if
required, attached.
Providing complete information u�der the listed headings enables reviewers to make
decisions on the documents and eliminates follow-up contacts that may delay execution. -
The COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS heading provides space to explain
the cost/benefit aspects of the decision. Costs and benefits related both to City
budget (General Fund and/or Special Funds) and to broader financial impacts (cost
to users, homeowners or other groups affected by the action} . The personnel impact
is a description of change or shift of Full-Time Equivalent (FTE) positions.
If a CONTRACT amount is less than $10,000, the Mayor's. signature_ is not required,
if the department director signs. A contract must always be first signed_ by. the
outside agency before routing through City offices. .
Below is the �referred ROUTING for the five most frequent types of documents:
CONTRACTS (assumes authorized budget exists)
1. Outside Agency 4. Mayor
2. Initiating Department 5. Finance Director
3. City Attorney 6. Finance Accounting
ADMINISTRATIVE ORDER (Budget Revision) ADMINISTRATIVE ORDERS (all others)
1. Activity Manager 1. Initiating Department
2. Department Accountant 2. City Attorney
3. Department Director 3. Director of Management/Mayor
4. Budget Director 4. City Clerk
5. City Clerk
6. Chief Accountant, F&MS
COUNCIL RESOLUTION (Amend. Bdgts./Accept. Grants) COUNCIL RESOLUTION (all others)
1. Department Director 1. Initiating Department
2. Budget Director 2. City Attorney
3. City Attorney 3. Director of Management/Mayor
4. Director of Management/Mayor 4. City Clerk
5. Chair, Finance, Mngmt. & Personnel Com. 5. City Council
6. City Clerk
7. City Council
8. Chief Accountant, F&MS
SUPPORTING MATERIALS. In the ATTACHMENTS section, identify all attachments. If the
Green Sheet is well done, no letter of transmittal need be included (unless signing
such a letter is one of the requested actions) .
Note: If an agreement requires evidence of insurance/co-insurance, a Certificate of
Insurance should be one of the attachments at time of routing.
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Note: Actions which require City Council Resolutions include:
l. Contractual relationship with another governmental unit.
2. Collective bargaining contradts.
3. Purchase, sale or lease of land.
4. Issuance of bonds by City.
5. Eminent domain.
6. Assumption of liability by City, or granting by City of indemnification.
7. Agreements with State or Federal Government under which they are providing
funding.
8. Budget amendments.
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AGREEMENT BETWEEN •
�I E 11NITID STATES OF AMERICA
Tk�
AND
� pAUL MZNNESOTA
T.
T E CITY
OF S .
FOR LOCAL COOPERATION FOR
RGENCY PROTECT ON ALONG THE
MISSISSIPPI RIVER AT ST. PAUL. MINNESOTA
EME �
GIEEMENT ente ed into this day of � ' , 19 by
THIS A �
and between �the UNITID S ATES OF AMERICA (hereinafter called the "Government") ,
representedi�by the Cont acting Officer executing the Agreement, and the City of
St. Paul, M�nnesota (he einafter called the "City") .
WITNES�ETH THAT: '
WHEREA�S. construc ion nf Emergency Bank Protection adjacent to Warner Road
along the l�ississippi iver at St. Paul, Minnesota (hereinafter called the
I 1985, by the Office, Chief of
"Project") > was approv d 02 July � . _.
Engineers,iin accordan e with the provisions of an Initial Appraisal Report
dated 22 t�ugust, 1984 entitled, "Section 14 Emergency Bank Protection Report,
Warner Ro�d Along the Mississippi River at St. Paul, Minnesota", under the
authorityiof Section 4 of the Flood Control Act of 1946, as amended, Public Law
526, 79th� Congress; d
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WHE EAS. Sectio 14 of said Flood Control Act of 1946, as amended, limits
� 0 000.00 for any single
the expe�diture of F deral funds to not more than $25 ,
pro�ect; and
WtiF�REAS. the C ty hereby represents that it has the suthority and
capabil ty to furni h the non-Federal cooperation required by the said Initial
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Apprais 1 Report an by applicable law.
NO . THEREFOR , the parties agree as follows:
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u on notification that the Government will
1. ThelCity agrees that, p
commence con truction of emergency bank protection works adjacent to Warner
Road along t�e Mississip i River at St. Paul. Minnesota, substantially in
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accordance w�.th the repo t dated 22 August, 1984. entitled "Section 1:4 Emergency
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Bank Protect�ion Initial Appraisal, Warner Road Along the Mississippi River at
St. Paul, M�nnesota", t e City shall. in consideration of the Government .
co�encing �onstruction of such Pro�ect, fulfill the requirements of non-
Federal coo�eration spe ified in the said report and required by� applicable law,
to wit: i
at Provide w thout cost to the United States all real estate interestg
necessary �or construc ion, operation and maintenance of the Pro�ect.
b�. Accomplis witho�►t cost to the United. States all required
alteration�s and reloc tions of sewer. water supply, drainage, and other utility
facilitie�.
�. Hold and save the United States free from damages due to the con-
structioniand mainten nce of the Pro�ect except where such damages are due to
the faultior neglige ce of the United States or its contractors.
�d. Maintai the ProjecC after completion without cost to the United
States i� accordance with regulations preacribed by the Secretary of the Army.
le. Assume ull responsibility for all project costs in excess of the
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Federal �Statutory co t limit of $250.000.00.
� f. Comply with the applicable provisions of the Uniform Relocation
Assista�ce and Real Property Acquisition Policies Act of 1970. Public Law 91-646,
approve� 2 January 971, in acquiring lands. easements, and rights-of way for
constru tion and ma ntenance of the pro�ect and inform affected persons of
pertln t benefita. policies and procedures in connection with said Act.
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O1 of Title VI of the Civil Ri hts Act of
g. �Comply with Section 6 8
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1964 (P. L. �8-352) and epartment of Defense Directive 5500.11 issned purauant
thereto and �ublished in Part 300 of Title 32. Code of Federal Regulatione, in
connection w�.th the cons ruction and maintenance of the Project.
2. The{ City agree . that in the event non-Federal funds are required
pursuant to !paragrapt► 1 e. herein, it will, prior to award of any contract
covering th� work. prov de such non-Federal funds upon receipt of and in
accordance �aith a writt n request therefor from the undersigned Contracting
Officer or �his success r.
3. 1'lje City here y gives the Government a right to enter, at reasonable .
times and �n a reasona le manner. upon lands which it owns or controls. for
access to ;�he Project or the purpose of inspection. If such inspection shows
that the C�ity fcr any reason is failing to maintain the Pro�ect in accordance
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with the �ssurances h reunder and has persisted in such failure after a
reasonabl� notice in iting by the Government delivered to the Mayor of the
City of S�. Paul, Min esota, the Government shall have the further right.
as stated�� above. to nter upon the land for the purpose of maintaining the
Pro�ect. � Maintenanc by the Government in such event shall not operate to
relieve �he City of esponaibility to meet its obligations as set forth in
this Agrlement, or t preclude the Government from pursuing any other remedy
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at law qr equity.
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IN WITNE�S WHEREOF t e parties hereto have executed this Agreement as
of the day an� year firet above written.
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TIiE UNITED SZ�ATES OF AME ICA TNE CITY OF ST. PAUL, MINNESOTA
APPAOVED: il
BY . . By -
JOSEPfliIBRIGGS
MAYOR
Colone�. Corps of ngineers
Diatri�e Engineer ' •
Contra�Cting Offic r ATTEST:
FGR THE SEC�RETARY OF ARMY . . , . .
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,�..9 t���,
. DATE: � .
DATE:
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FvE� �i ,�=t"ii� -.D:
�: City � �y,
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CERTIFICATE OF AUTHORITY
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I� l�u�� � � � � � � � , do hereby certify
that I an the4 attorney f r the City of St. Paul, Minnesota, and that the
City of St. �aul, Minnes ta, is a legally constituted public body with the
full authari�y and legal capabiliCy to perform trie terms of the agreement
between the �Tnited Stat s of America and the City of St. Paul in connection
with the Eme�rgency Bank Protection Adjacent Co Warner Road Along the �
MississippilRiver at St Paul, Minnesota, and to pay damages, if necessary.
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in the even� of the fai ure to perform�in accordance with Section 221 of
Public Law �1-611 and t at the persan(s) who have executed the contract on
behalf of t'he City of t. Paul have acted within their statutory suthority.
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IN WI�.TTESS WHEREO , I have made and e�ed this Certificate thie
i� day bf . � 19 . ��
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�I y Attorn
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