00-1134, �
ORIGINAL
Presenced By
Referred to
�o�,��.�-E# oo - 113�1
GREENSHEET# IIOOOZ
RESOLUTION
OF SAINT PAUL, NIINNESOTA
a�t
Commfltee:Date:
1 WHEREAS, the Minnesota Departmern of Natural Resources (DNR) has awarded the City of Saint Paul,
2 Division of Parks and Recreation a gcant in the amount of $164,000 for the operation and maintenance at the
3 Como Zoo and ConservaTOry, and
4
5
6
7
8
WHEREAS, the 2�00 Legislature dedicated a percentage of Minnesota Lottery proceeds to natural resource
related programs. A specific one time appropriation was made to the Como Zoo and Conservatory for
operation and maintenance, and
9 TFIEREFORE BE TI' RESOLVED, tUat the City Council authorizes the proper city officials to accept and
10 enter into the necessary agreements with the State Departrnent of Natural Resources
11
12
13
14
15
16
17
18
19
20
21
22
23
Adopted by Council: Date: �.� . G �.p p a
�
Adoption Certified by Council 5ecreTary
BY' �•��� ' �.�n .�=
Approved by Mayor: Date: �CC�� �Z �EEx7
$Y=
by:
of Parks and
—� � /
Services Director:
Form Approved City Attorne;
By: �
Approved by M or for Submission to
Council �
By. �� a �°� � �,� � ,� �=
A"
H:\Wp\OOCRAO\000&Mcampus.wb3 Page 1
Parks and Recreation
CONTACT PER:AH Ml0 PHONE
bATE1NITIATFD
10/11/00
GREEN SHEET
INITI/LLJDATE
�
Vic Wittgenstein p �� ?DEPARTMENT DIftECTOfl ja _QTV COUNGIL
NUMBER CIiY ATTOqNEY J CIiY CLQiK
MUSfBEONCOUNCiLAGQlDABY{DPTEI pppEp� 3FlNANCIALSQYVICESDIR. U 7 flNqNCiALSERV/ACCTG
4MAYOR IOR ASSISCANTI� � OFPqRTMQIT ACCOUNTANT
TOTPL i OF SIGNATURE PAGES_ (plY ALL IDLA7qN5 FOR EI[JNATIFEI ,
ACTION flEQUE5Tm:
Approval of the attached Council Resolution which allows the Division of Parks and Recreation to acceptand gives
authority to enter into an grant agreement with the Minnesota State Department of fVatural Resources in the amount of
5164,000 for operation and maintenance at the Como Zoo and Conservatory.
RECOMMENDATIONS: Approve pll er Reject IRI
_PLANNING COMMISSION __CIVIL SEPVICE GOMMISSION
CIB COMMIttEE _
A STAFf
_DISTRICT COUNpL __
SUGPOflTS WHICH COUNqL OBJECTIVE?
INITATING PRDBLEM.ISSUE, OPPORTUNITY Mfia, Wnat, When, Wtwre, Whyi:
P6160NILL
� � � 1110. 110002
0o-t1'�S�'
INITIAI/DATE
ANSWOt Tf1E FoLLON'INO MIESTIONS:
1. Hac [M1i6 pna�rm mer worketl urWer a coMratt fer [FUS departmaM?
VES NO
2. H+s ths perooNfirm ever baen a ciry employee?
YES NO
3. Doe3 tNS penoNfirm pome54 a sWll noY twrmally pos3essetl by any cwreM qty employee�
YES NO
Fspdn dl ye� emwen on aepusn sheet e�M ettech to qreen aheet.
The 2000 Legislature dedicated a percentage of Minnesota Lottery proceeds to naturalresource related programs. A
specific one-time appropriation was made to the Como Zoo and Conservatory through the Department of Natural
Resources for operations and maintena�ce.
ADVANTAGES IF APPROVED:
There will be additional state dollars available for operations and mainienance at the Como Zoo and Conservatory.
DISAOVANTAGESIFAPPROVED:
None.
� " r�� t �
-, � � 3 �:� _�G, ,�,
A��'�' w� E";3
�
DISADVANTAGES IF NOT APPROVEO:
'o.+L�'Ele�'�e,�fi� �L 4J�ui��Qi�
The Division of Parks and Recreation will not be able to accept the State grant dollars.
��� a � � � ��
TOTALAMOUNTOFTRANSACTION $ 164,000 COSTMEVENUEBUDGETFDIGIqCLEONE� YES NO
FuNwwesou�State DNR Grant
iINANCIAL INFOqMAT10N: IEXPLNN)
ncmnn kuraea� 38033:137 g �
�� � � � i �-__
4CT 2 5 2�36p
H :\Wp\OOCRAO\G Scampuso&m. wpd
a . � �
�
• STATE OF MINNESOTA 00 —1�5y
GRANT CONTRACT
BETWEEN T`HE NIINNESOTA
DEPAR`TMENT OF NA`TURAL RESOUCES
AND THE
CITY OF ST. PAUL
State Accounting Information:
Accoanting Distribution 1:
F "" a 188
"�'' 900
om/s�n: p030
a�� c�r�:
�"'"°""`� 164,000.00
Processing Information:
Contract: t�' � �O ��
Distribution 2:
AI110Wt:
Begin Date:
Distribution 3:
M10Wh
End Date: June 30. 2001
ilndividual signing ceriifies thatfunds have been encrunbered as reguired by Minn. Sta[ ,¢� 16AIS and 16C O5./
Grantee Name and Address: City of St. Paul
Division of Parks and Recreation
25 West 4`" Street, Room 300
St. Paui, MN 55102
ADh1M IOSlgrc.wpd (D'l-20-99) CrzantCOnhact ' �Aq¢ncyJDiv Contrac[Number)
1
00 -t�3y
TH1S G`ani ContracC and amendmrnts and supplemeuu t2�ereta, is between Ae State of Minnesota, acting tHrough
'.�3a(uaement and Bud¢et, 500 Lafavette Road. St PauL MI3 55155-4010 (hereinafter "STATE") and tlie _
indepe»drnt crmtractAr, not an employce ofthe Siate of Mi�esota, address Di�ision of Pa�ics and Recreation. 25 �
@erei:mRer "GRANTEE").
1
PJHEREAS, ihe STATE,
WHEREAS, GRAN7'EE represrnts ihat it is duly qualified and willing to perform the services set forth hereut
\OW, THEREFORE, it is agrzed:
GR.A�\*fEE's DUTTES (Attach additional page if necessary, which is incoryorated 6y referrnce and made apart oftivs ageement) GRP.NTEE shall:
Perform duties relating to approved delagation sLited above.
II. CAAISIDERATION AND TERMS OF PAYMENT
A CONSIDERATION: Consideration for alI services peBotmed by GRAiVTEE pu�uantto this graant contract shall be paid by tNe STATE as follows:
COMPENSATION: Compensation in an amount not to exceed $ 164,000.00 , based on the following computation: I.eeislative
appropriation
TAE TOTAL OBLIGATION OF TfiE STATE FOR ALL C6MPENSATION AND REIMBURSEMENTS TO GRANTEE SHALL NOT
EXCEED:
One hundred sixtv four thousand and no/100 dollars ($ 164.000.00 ).
B. TERMSOFPAYMENT
IN VOICE: Paymenis shall be made by Ate STATE promptly after GRANTEE's presrniation of and invoice and acceptance ofsuch
services by t},e STATE's Authorized Representative pursuant to Clause VI. Invoices s6a11 be subn�itted in a form presnibed by the
S'I'ATE and according to the following schedule:
One invoice upon the receipt of a fi�lly execu[ed grant ageemrnt
FEDERAL f7JYDS: (When applicable.) Payments are to be made from federal funds obtained by ihe STA1'E through Title
N/A ofthe ActoF
(Public law aod amendments ihereto).
If at any time such funds become unavailable, tltis Grant ConLact shall be tertninated immediately upon written notice of such fact by the
STATE to t2�e GRANTEE. I� the event of such temtinatioq GRAN1`EE shall be entitled W payme�t, dete�mineA on a pro rata bazis, for
services satisfactorily perFormed.
III. � CONDITIONS OF PAYMENl': All services provided by the GRANTEE pursuant m tltis Grant Contrac[ sNall be performed to tl�e satisfaction ofthe STATE, as
deteimined at the sole discretion of its Authorized ReQresrntative, and in accrord with all applicable federal, state and locat laws, ordinances, mles acid regulations.
The GRANTEE shall not receive paymeirt for work found by the STATE to be ur�safisfactory or performed in violation ofFederal, state or local law, ordinance,
rule or tegulation.
N. 1'ERM OF GRANT: This G�nnt ContraM shatl be effective on 7uly 1, 2000, or upm the date that the Snal required sig�ature is ohtained by the STATE,
porsuant to 117inn. Sta4 § 16C.05, su6d. 2, whichever occurs later, and shat] remain i� effect until June 3Q 2001, or unti7 all obligations set foith in tUis
Grant CmNaCi have been satisfaclmiiy fuM}led, whichever occurs fus4.
V. CANCELLATION: Tftis Crtant ConLact may be caoceled by tt�e STA1'E or GRANTEE az any time, with or without cause, upon th'vty (30) days' wiitlen nolice
to the ott�er party. In the even[ of such a cancellaiioq GRAN1'EE shaU be entitted to payaient, deteimived on a pro rnU buis, for wock w services satisfactorily
perfonned Alsq in the e�ent of such a cancellatio4 �he STATE shall be rnlitled to repaymeni, dete`mined on a rata bazis, of any funds utitially advanced by the
STATE to the GR4N1'EE.
7'he STATE may cancel tl�is Grant Co�vact immediatety ift6e STATE fmds that there has been a failure to rnmply with t6e provisions ofthis Grant Convact
that reasonable progress has not been made or that ft�e pwposes for which ihe funds were ganted have not beeu or wilt not be tulfilled, the STATE may take
action w protect ttie interes[s of [fie Statz of Minnesota, induding the refusal to disburse additional funds and requiring the retum of atl or part of the funds aUeady
disbuised
A9MIN. tO5lgcwpd (07.20.99) GrmtConuac[ . (Aamcv/Div ContractNUmberl
2
Oo -���y
V7. STA7'E'S AUTIiOR3ZED REPRESEI3TATTVE: TLe STATE's Authorized Represeutative for the purpuses of A�+++�+��on of this Grant Contrnct is Aud
Mularie. Lacal Gcani Repcesentaiive. Such repreuatative s6a(1 t�ave final autksority for acceptauce of GRANTEE's se�vices and if wch services are accepted as
satisfectory, shall so certify ov each invoice submitled pursuant to clause II, paragrapfi B. The GR.9NIEE's Authori>.ed Representalive fm purposes of
a�...'�7e.aryon ofthis grant contract is Victor A Witl2eraaeia Director of Parks and Recreation . The GRANTEEs Auihorized
Represenfative shall have full authority to represent GRNidTEE iu ih fulfillment ofthe tems, conditions and requ'vements oftivs Grurt ConVa�t
V1L ASSIGNMENT: GR4�'TEEsk�allneitherassie�noriransferanyrightsorobligatioasunderthisCrcantContractwithouttl�epriorwrittenconsrn2oftheSl'ATE.
l�Ill. AMENDMENTS: fwy amendmrnts to this Grant Comrnct shall be in writiug and shal7 ba exccuted by the same parties who eacecnted the original Cmant Convact
or their succasors in office.
IX. LIAB[I,[1'Y: GRA.V7EE shall indemnify, save, and hold the STATE, its representafives and emptoyees, hazmless &om any and all claims or causes of action,
iududing all atiomeys' feu incmrttl by the STA7'E, arising from tht peffolmauce of this Grmt Contract by GRAIVT'EE or GRAi\*1'EE's agents or employzes.
71tis clause shall not be couswed to baz any legal remedies GRAN1"EE may have for the STA1'E's failure to fu(fill its obligations pursvaut to tivs Grant Contract
X STATE AUDITS: lt�z 600ks, re�rds, documents, and accounting procedures and practices ofthe GRA�V1"EE relevantto tEus Grmt Cqntracc shatl be sub,}eM to
eaaminalion by the contrzcting departrnrnt and tha Legislative Audi2or, for a mitumum of six years &om ikie rnd oftltis Grmt ConVaR
XI. GOVERNMEl�'1' DATA PRAC110E5 ACT: 17�e GRANTEE must comply wOh the Mimiesota Govzmment Data Practica Act, Mumesou Stamtes C6apter 13,
az it applies to a{I da5a provided by the STA7'E in usordance wrth 8vs ConVact, and as it appliesto all data, created, coltected, r¢ceived, siored, us¢d, maintained,
or disseminated by ihz GRAI�'1'EE in accordance with this Contract The civil remedies of Minnesota Sfatutes Sectiov 13.08, apply to the release oftht data
refeaed to in this Article by eit6er tf�e GRA1V7'EE or ilie STATE.
In the event iLe GRANTEE receives a request to release the data refe�red to in tlils Article, the GRANTEE must vnmediately notify ihe STA1'E. "fhe S"TA7'E
will give the GRANTEE inslructions concemingthe re(ease ofthe data to the requesling pazty before ttie data is released.
XII. OWNERSHIP OF MATERIAI.S AND INTELLECTUAL PROPERTY RIGHTS
A, The STATE shal7 own a11 rights, title and'mterzst in ail of ihe materials conceived or aeated by tHe GRANTEE, or iis employees m subgarnees, eiiher
individually orjointty with ot6ers and which arise out ofthe perfonnance of a�d are paid for under ihis Grunt Contract, including any inven[ions, repuR<, s[udies,
designs, drawings, spec�calions, notes, documenCS, soflware aud documrntatiov, compu[er based training modules, elechronically, magnetically or digitally
recorded material, and ofher wotk in whatever form ("MATERIAL.S").
The GRANT'EE hereby assigis to ihe STATE all rights, title aeid interest to We MATERIALS. GRAN7'EE shall, upon request ofthe STATE, execute aN papers
and Qerfo�m all ofher acu necessary to assist the STATE to obtam and regis[er copyrights, Qatrnts or other fomzs of protection provided by Iaw for the
MATERIALS. The MATERIA[.S created under Qtis Grant Contrut by the GRAN'CEE its emp]oyees or subgrantees, individually orjointly with otF�ers, shall be
ronsidered "works made for h've" as defined by the United Siates Copyright Aci.
All oftf�e MATERIALS, whather in paper, electronic, or other foan, shall6e remilteJ to tkie STATE by ihe CiRANTEE, its employees and any sub�te�, shall
not copy, reproduce, allow or cause to have the MATERIAI,S copied, reproduced or used for any purpose other than perfomiance of the GRANTEE's obliga[ions
under tltis Grant Convaa without tfie prior wririen con<ent ofthe STATE's Authorized Represeniative.
B. GRANTEE represrnts and wartanis that MATERIALS produced or used under tivs Grmit Contract do not and will not infringe upon any intellecwal property
rights of another, includi�g but not Iimited to pa[ents, copyrighLS, trade secrets, trade names, and service mazks and names. GRANTEE shall indenmify and
defend the STATE, at GRANCEE's expense, from any action or c7aim brought against the STATE to the extent t6at it is based on a claim tha[ all or part ofthe
MATERIAI.S infringe upon tfie inte]lectual property rights ofanothee GRANTEE shall be rzsponsibie for paymrnt of arry and all such clavns, demands,
obligations, liabilities, cosis, and damages inctuding, but not limited to reasonable attameys' fees arising out of this Grant Co�tract, amendments and supplemenis
+hereto, which are aaributable to such claims or actions.
Ifsuch a daim or action arises, or in GRANTEE's or ihe STATE's op'vtion u likely to uise, GRAIV"CEE shall, at the STATE's discretioq either prowre for the
STATE the righ[ or license to continue using the MA7'ERIAI,S at issue or rep]ace or modify the allegedly inGinging MATERIA[.S. This remedy shal] be in
addi[ion to and shal] not be excta<ive to other remedies provided by law.
XIII. PLBLICITY: Any pub(icity gven to the progam, publications, or services provided resulting&om trus Cnan[ Conhact, inctuding, but not liauted to notices,
inforsnational p.vnphlets, press releases, research, reports, signs, and similar public novices prepared by or For the GRANTEE or its employees individually or
jointly with others or any subgrantees, shall identify the STATE as the sponsoring agency and shall not be released, unless such release is a speci5c part of an
approved work plan inctuded in tlus Gra�rt Contract prior [o iYS approval by the STA7`E's Authorized Represeniative.
XIV. WORIiERS' COMPENSATION: GR:WCEE shall provide acceptable evidence ofcompliance with the workers' compensation insurance coverage requvemrn[
of Minn. Stat § 176.181, subd. 2.
XV. ANTITRUST: GRAN7'EE hereby assigns to the State of Minnesota any and at] claims for overcharges u to goodc and/or services provided in wmection with
tttis contract resulting from antitrusc violations wlvch arise under the antikust laws ofit�e United States and t}�e azitiWSt laws ofthe State of M'vmesota
XVI. PROMPT PAYMENT TO SUBCONTRACTORS: (WNrn applicable.) Prime contrac[ors are requ'ved to pay subrn�tractors pursuant to !19inn. Sfat §
16Al245.
XV[I. JURISD[CTIONANDVEIVLIE: TtusGsantConhactandeaecutedamendmentsthereto,shallbegovemedbythelawsoft6eStateofMinnesota. Venueforall
legal proceedings arising out ofthis Grant Contracy or breach thereo� shall be in the state or federal court with competentjurisdiction in Ramsey Courriy,
Minnesota
XVIII. OT'iIER PROVI None
IN WITNESS WHEREOF, the parties have caused tivs Grant Contract to be duly executed intmdivg to be bound fiereby.
n�MiN. iasi��ava (o�-zo-vs) cartconaau - cnz��vroN comrzan�,ro:.��
s
oo. i��y
APPROVED:
I. GRANTEE: �tyofSaintPaul
GRAN7'EE certifies thaz fhe appropriate peaon(s) fiave execured the
Grant Contraa on behalf of ge GRAN'tEE u requ'ved by applicable
articics, bylaws, reso7utions, or ordinances.
2. STA1'EAGENCY:MNDeparhnentofNaturalRcsources
G�ant Contrac[ approval and certification that S7A1'E funds have
been encumbered as reqvired by Minn. StaG § I6A.15 and
16G05.
By By (autt�orized signaNre)
Title: Mayor,CiryofSaintPaul Title_
Date Date:
By
Title: Direcwr, Financial Services
Date
Approved u to Fortn
By
Titie: Assistant Ciry Attomey
Date
Distribution:
A�ency - Original (Fully exewted) conVaci
Grnntee
State Authorized Representative
�' .
ADMW lOSlgrewpd(0't-20A9) G�aniCamnct (AgencY�iv Cenvaplwmbcr)
4
, �
ORIGINAL
Presenced By
Referred to
�o�,��.�-E# oo - 113�1
GREENSHEET# IIOOOZ
RESOLUTION
OF SAINT PAUL, NIINNESOTA
a�t
Commfltee:Date:
1 WHEREAS, the Minnesota Departmern of Natural Resources (DNR) has awarded the City of Saint Paul,
2 Division of Parks and Recreation a gcant in the amount of $164,000 for the operation and maintenance at the
3 Como Zoo and ConservaTOry, and
4
5
6
7
8
WHEREAS, the 2�00 Legislature dedicated a percentage of Minnesota Lottery proceeds to natural resource
related programs. A specific one time appropriation was made to the Como Zoo and Conservatory for
operation and maintenance, and
9 TFIEREFORE BE TI' RESOLVED, tUat the City Council authorizes the proper city officials to accept and
10 enter into the necessary agreements with the State Departrnent of Natural Resources
11
12
13
14
15
16
17
18
19
20
21
22
23
Adopted by Council: Date: �.� . G �.p p a
�
Adoption Certified by Council 5ecreTary
BY' �•��� ' �.�n .�=
Approved by Mayor: Date: �CC�� �Z �EEx7
$Y=
by:
of Parks and
—� � /
Services Director:
Form Approved City Attorne;
By: �
Approved by M or for Submission to
Council �
By. �� a �°� � �,� � ,� �=
A"
H:\Wp\OOCRAO\000&Mcampus.wb3 Page 1
Parks and Recreation
CONTACT PER:AH Ml0 PHONE
bATE1NITIATFD
10/11/00
GREEN SHEET
INITI/LLJDATE
�
Vic Wittgenstein p �� ?DEPARTMENT DIftECTOfl ja _QTV COUNGIL
NUMBER CIiY ATTOqNEY J CIiY CLQiK
MUSfBEONCOUNCiLAGQlDABY{DPTEI pppEp� 3FlNANCIALSQYVICESDIR. U 7 flNqNCiALSERV/ACCTG
4MAYOR IOR ASSISCANTI� � OFPqRTMQIT ACCOUNTANT
TOTPL i OF SIGNATURE PAGES_ (plY ALL IDLA7qN5 FOR EI[JNATIFEI ,
ACTION flEQUE5Tm:
Approval of the attached Council Resolution which allows the Division of Parks and Recreation to acceptand gives
authority to enter into an grant agreement with the Minnesota State Department of fVatural Resources in the amount of
5164,000 for operation and maintenance at the Como Zoo and Conservatory.
RECOMMENDATIONS: Approve pll er Reject IRI
_PLANNING COMMISSION __CIVIL SEPVICE GOMMISSION
CIB COMMIttEE _
A STAFf
_DISTRICT COUNpL __
SUGPOflTS WHICH COUNqL OBJECTIVE?
INITATING PRDBLEM.ISSUE, OPPORTUNITY Mfia, Wnat, When, Wtwre, Whyi:
P6160NILL
� � � 1110. 110002
0o-t1'�S�'
INITIAI/DATE
ANSWOt Tf1E FoLLON'INO MIESTIONS:
1. Hac [M1i6 pna�rm mer worketl urWer a coMratt fer [FUS departmaM?
VES NO
2. H+s ths perooNfirm ever baen a ciry employee?
YES NO
3. Doe3 tNS penoNfirm pome54 a sWll noY twrmally pos3essetl by any cwreM qty employee�
YES NO
Fspdn dl ye� emwen on aepusn sheet e�M ettech to qreen aheet.
The 2000 Legislature dedicated a percentage of Minnesota Lottery proceeds to naturalresource related programs. A
specific one-time appropriation was made to the Como Zoo and Conservatory through the Department of Natural
Resources for operations and maintena�ce.
ADVANTAGES IF APPROVED:
There will be additional state dollars available for operations and mainienance at the Como Zoo and Conservatory.
DISAOVANTAGESIFAPPROVED:
None.
� " r�� t �
-, � � 3 �:� _�G, ,�,
A��'�' w� E";3
�
DISADVANTAGES IF NOT APPROVEO:
'o.+L�'Ele�'�e,�fi� �L 4J�ui��Qi�
The Division of Parks and Recreation will not be able to accept the State grant dollars.
��� a � � � ��
TOTALAMOUNTOFTRANSACTION $ 164,000 COSTMEVENUEBUDGETFDIGIqCLEONE� YES NO
FuNwwesou�State DNR Grant
iINANCIAL INFOqMAT10N: IEXPLNN)
ncmnn kuraea� 38033:137 g �
�� � � � i �-__
4CT 2 5 2�36p
H :\Wp\OOCRAO\G Scampuso&m. wpd
a . � �
�
• STATE OF MINNESOTA 00 —1�5y
GRANT CONTRACT
BETWEEN T`HE NIINNESOTA
DEPAR`TMENT OF NA`TURAL RESOUCES
AND THE
CITY OF ST. PAUL
State Accounting Information:
Accoanting Distribution 1:
F "" a 188
"�'' 900
om/s�n: p030
a�� c�r�:
�"'"°""`� 164,000.00
Processing Information:
Contract: t�' � �O ��
Distribution 2:
AI110Wt:
Begin Date:
Distribution 3:
M10Wh
End Date: June 30. 2001
ilndividual signing ceriifies thatfunds have been encrunbered as reguired by Minn. Sta[ ,¢� 16AIS and 16C O5./
Grantee Name and Address: City of St. Paul
Division of Parks and Recreation
25 West 4`" Street, Room 300
St. Paui, MN 55102
ADh1M IOSlgrc.wpd (D'l-20-99) CrzantCOnhact ' �Aq¢ncyJDiv Contrac[Number)
1
00 -t�3y
TH1S G`ani ContracC and amendmrnts and supplemeuu t2�ereta, is between Ae State of Minnesota, acting tHrough
'.�3a(uaement and Bud¢et, 500 Lafavette Road. St PauL MI3 55155-4010 (hereinafter "STATE") and tlie _
indepe»drnt crmtractAr, not an employce ofthe Siate of Mi�esota, address Di�ision of Pa�ics and Recreation. 25 �
@erei:mRer "GRANTEE").
1
PJHEREAS, ihe STATE,
WHEREAS, GRAN7'EE represrnts ihat it is duly qualified and willing to perform the services set forth hereut
\OW, THEREFORE, it is agrzed:
GR.A�\*fEE's DUTTES (Attach additional page if necessary, which is incoryorated 6y referrnce and made apart oftivs ageement) GRP.NTEE shall:
Perform duties relating to approved delagation sLited above.
II. CAAISIDERATION AND TERMS OF PAYMENT
A CONSIDERATION: Consideration for alI services peBotmed by GRAiVTEE pu�uantto this graant contract shall be paid by tNe STATE as follows:
COMPENSATION: Compensation in an amount not to exceed $ 164,000.00 , based on the following computation: I.eeislative
appropriation
TAE TOTAL OBLIGATION OF TfiE STATE FOR ALL C6MPENSATION AND REIMBURSEMENTS TO GRANTEE SHALL NOT
EXCEED:
One hundred sixtv four thousand and no/100 dollars ($ 164.000.00 ).
B. TERMSOFPAYMENT
IN VOICE: Paymenis shall be made by Ate STATE promptly after GRANTEE's presrniation of and invoice and acceptance ofsuch
services by t},e STATE's Authorized Representative pursuant to Clause VI. Invoices s6a11 be subn�itted in a form presnibed by the
S'I'ATE and according to the following schedule:
One invoice upon the receipt of a fi�lly execu[ed grant ageemrnt
FEDERAL f7JYDS: (When applicable.) Payments are to be made from federal funds obtained by ihe STA1'E through Title
N/A ofthe ActoF
(Public law aod amendments ihereto).
If at any time such funds become unavailable, tltis Grant ConLact shall be tertninated immediately upon written notice of such fact by the
STATE to t2�e GRANTEE. I� the event of such temtinatioq GRAN1`EE shall be entitled W payme�t, dete�mineA on a pro rata bazis, for
services satisfactorily perFormed.
III. � CONDITIONS OF PAYMENl': All services provided by the GRANTEE pursuant m tltis Grant Contrac[ sNall be performed to tl�e satisfaction ofthe STATE, as
deteimined at the sole discretion of its Authorized ReQresrntative, and in accrord with all applicable federal, state and locat laws, ordinances, mles acid regulations.
The GRANTEE shall not receive paymeirt for work found by the STATE to be ur�safisfactory or performed in violation ofFederal, state or local law, ordinance,
rule or tegulation.
N. 1'ERM OF GRANT: This G�nnt ContraM shatl be effective on 7uly 1, 2000, or upm the date that the Snal required sig�ature is ohtained by the STATE,
porsuant to 117inn. Sta4 § 16C.05, su6d. 2, whichever occurs later, and shat] remain i� effect until June 3Q 2001, or unti7 all obligations set foith in tUis
Grant CmNaCi have been satisfaclmiiy fuM}led, whichever occurs fus4.
V. CANCELLATION: Tftis Crtant ConLact may be caoceled by tt�e STA1'E or GRANTEE az any time, with or without cause, upon th'vty (30) days' wiitlen nolice
to the ott�er party. In the even[ of such a cancellaiioq GRAN1'EE shaU be entitted to payaient, deteimived on a pro rnU buis, for wock w services satisfactorily
perfonned Alsq in the e�ent of such a cancellatio4 �he STATE shall be rnlitled to repaymeni, dete`mined on a rata bazis, of any funds utitially advanced by the
STATE to the GR4N1'EE.
7'he STATE may cancel tl�is Grant Co�vact immediatety ift6e STATE fmds that there has been a failure to rnmply with t6e provisions ofthis Grant Convact
that reasonable progress has not been made or that ft�e pwposes for which ihe funds were ganted have not beeu or wilt not be tulfilled, the STATE may take
action w protect ttie interes[s of [fie Statz of Minnesota, induding the refusal to disburse additional funds and requiring the retum of atl or part of the funds aUeady
disbuised
A9MIN. tO5lgcwpd (07.20.99) GrmtConuac[ . (Aamcv/Div ContractNUmberl
2
Oo -���y
V7. STA7'E'S AUTIiOR3ZED REPRESEI3TATTVE: TLe STATE's Authorized Represeutative for the purpuses of A�+++�+��on of this Grant Contrnct is Aud
Mularie. Lacal Gcani Repcesentaiive. Such repreuatative s6a(1 t�ave final autksority for acceptauce of GRANTEE's se�vices and if wch services are accepted as
satisfectory, shall so certify ov each invoice submitled pursuant to clause II, paragrapfi B. The GR.9NIEE's Authori>.ed Representalive fm purposes of
a�...'�7e.aryon ofthis grant contract is Victor A Witl2eraaeia Director of Parks and Recreation . The GRANTEEs Auihorized
Represenfative shall have full authority to represent GRNidTEE iu ih fulfillment ofthe tems, conditions and requ'vements oftivs Grurt ConVa�t
V1L ASSIGNMENT: GR4�'TEEsk�allneitherassie�noriransferanyrightsorobligatioasunderthisCrcantContractwithouttl�epriorwrittenconsrn2oftheSl'ATE.
l�Ill. AMENDMENTS: fwy amendmrnts to this Grant Comrnct shall be in writiug and shal7 ba exccuted by the same parties who eacecnted the original Cmant Convact
or their succasors in office.
IX. LIAB[I,[1'Y: GRA.V7EE shall indemnify, save, and hold the STATE, its representafives and emptoyees, hazmless &om any and all claims or causes of action,
iududing all atiomeys' feu incmrttl by the STA7'E, arising from tht peffolmauce of this Grmt Contract by GRAIVT'EE or GRAi\*1'EE's agents or employzes.
71tis clause shall not be couswed to baz any legal remedies GRAN1"EE may have for the STA1'E's failure to fu(fill its obligations pursvaut to tivs Grant Contract
X STATE AUDITS: lt�z 600ks, re�rds, documents, and accounting procedures and practices ofthe GRA�V1"EE relevantto tEus Grmt Cqntracc shatl be sub,}eM to
eaaminalion by the contrzcting departrnrnt and tha Legislative Audi2or, for a mitumum of six years &om ikie rnd oftltis Grmt ConVaR
XI. GOVERNMEl�'1' DATA PRAC110E5 ACT: 17�e GRANTEE must comply wOh the Mimiesota Govzmment Data Practica Act, Mumesou Stamtes C6apter 13,
az it applies to a{I da5a provided by the STA7'E in usordance wrth 8vs ConVact, and as it appliesto all data, created, coltected, r¢ceived, siored, us¢d, maintained,
or disseminated by ihz GRAI�'1'EE in accordance with this Contract The civil remedies of Minnesota Sfatutes Sectiov 13.08, apply to the release oftht data
refeaed to in this Article by eit6er tf�e GRA1V7'EE or ilie STATE.
In the event iLe GRANTEE receives a request to release the data refe�red to in tlils Article, the GRANTEE must vnmediately notify ihe STA1'E. "fhe S"TA7'E
will give the GRANTEE inslructions concemingthe re(ease ofthe data to the requesling pazty before ttie data is released.
XII. OWNERSHIP OF MATERIAI.S AND INTELLECTUAL PROPERTY RIGHTS
A, The STATE shal7 own a11 rights, title and'mterzst in ail of ihe materials conceived or aeated by tHe GRANTEE, or iis employees m subgarnees, eiiher
individually orjointty with ot6ers and which arise out ofthe perfonnance of a�d are paid for under ihis Grunt Contract, including any inven[ions, repuR<, s[udies,
designs, drawings, spec�calions, notes, documenCS, soflware aud documrntatiov, compu[er based training modules, elechronically, magnetically or digitally
recorded material, and ofher wotk in whatever form ("MATERIAL.S").
The GRANT'EE hereby assigis to ihe STATE all rights, title aeid interest to We MATERIALS. GRAN7'EE shall, upon request ofthe STATE, execute aN papers
and Qerfo�m all ofher acu necessary to assist the STATE to obtam and regis[er copyrights, Qatrnts or other fomzs of protection provided by Iaw for the
MATERIALS. The MATERIA[.S created under Qtis Grant Contrut by the GRAN'CEE its emp]oyees or subgrantees, individually orjointly with otF�ers, shall be
ronsidered "works made for h've" as defined by the United Siates Copyright Aci.
All oftf�e MATERIALS, whather in paper, electronic, or other foan, shall6e remilteJ to tkie STATE by ihe CiRANTEE, its employees and any sub�te�, shall
not copy, reproduce, allow or cause to have the MATERIAI,S copied, reproduced or used for any purpose other than perfomiance of the GRANTEE's obliga[ions
under tltis Grant Convaa without tfie prior wririen con<ent ofthe STATE's Authorized Represeniative.
B. GRANTEE represrnts and wartanis that MATERIALS produced or used under tivs Grmit Contract do not and will not infringe upon any intellecwal property
rights of another, includi�g but not Iimited to pa[ents, copyrighLS, trade secrets, trade names, and service mazks and names. GRANTEE shall indenmify and
defend the STATE, at GRANCEE's expense, from any action or c7aim brought against the STATE to the extent t6at it is based on a claim tha[ all or part ofthe
MATERIAI.S infringe upon tfie inte]lectual property rights ofanothee GRANTEE shall be rzsponsibie for paymrnt of arry and all such clavns, demands,
obligations, liabilities, cosis, and damages inctuding, but not limited to reasonable attameys' fees arising out of this Grant Co�tract, amendments and supplemenis
+hereto, which are aaributable to such claims or actions.
Ifsuch a daim or action arises, or in GRANTEE's or ihe STATE's op'vtion u likely to uise, GRAIV"CEE shall, at the STATE's discretioq either prowre for the
STATE the righ[ or license to continue using the MA7'ERIAI,S at issue or rep]ace or modify the allegedly inGinging MATERIA[.S. This remedy shal] be in
addi[ion to and shal] not be excta<ive to other remedies provided by law.
XIII. PLBLICITY: Any pub(icity gven to the progam, publications, or services provided resulting&om trus Cnan[ Conhact, inctuding, but not liauted to notices,
inforsnational p.vnphlets, press releases, research, reports, signs, and similar public novices prepared by or For the GRANTEE or its employees individually or
jointly with others or any subgrantees, shall identify the STATE as the sponsoring agency and shall not be released, unless such release is a speci5c part of an
approved work plan inctuded in tlus Gra�rt Contract prior [o iYS approval by the STA7`E's Authorized Represeniative.
XIV. WORIiERS' COMPENSATION: GR:WCEE shall provide acceptable evidence ofcompliance with the workers' compensation insurance coverage requvemrn[
of Minn. Stat § 176.181, subd. 2.
XV. ANTITRUST: GRAN7'EE hereby assigns to the State of Minnesota any and at] claims for overcharges u to goodc and/or services provided in wmection with
tttis contract resulting from antitrusc violations wlvch arise under the antikust laws ofit�e United States and t}�e azitiWSt laws ofthe State of M'vmesota
XVI. PROMPT PAYMENT TO SUBCONTRACTORS: (WNrn applicable.) Prime contrac[ors are requ'ved to pay subrn�tractors pursuant to !19inn. Sfat §
16Al245.
XV[I. JURISD[CTIONANDVEIVLIE: TtusGsantConhactandeaecutedamendmentsthereto,shallbegovemedbythelawsoft6eStateofMinnesota. Venueforall
legal proceedings arising out ofthis Grant Contracy or breach thereo� shall be in the state or federal court with competentjurisdiction in Ramsey Courriy,
Minnesota
XVIII. OT'iIER PROVI None
IN WITNESS WHEREOF, the parties have caused tivs Grant Contract to be duly executed intmdivg to be bound fiereby.
n�MiN. iasi��ava (o�-zo-vs) cartconaau - cnz��vroN comrzan�,ro:.��
s
oo. i��y
APPROVED:
I. GRANTEE: �tyofSaintPaul
GRAN7'EE certifies thaz fhe appropriate peaon(s) fiave execured the
Grant Contraa on behalf of ge GRAN'tEE u requ'ved by applicable
articics, bylaws, reso7utions, or ordinances.
2. STA1'EAGENCY:MNDeparhnentofNaturalRcsources
G�ant Contrac[ approval and certification that S7A1'E funds have
been encumbered as reqvired by Minn. StaG § I6A.15 and
16G05.
By By (autt�orized signaNre)
Title: Mayor,CiryofSaintPaul Title_
Date Date:
By
Title: Direcwr, Financial Services
Date
Approved u to Fortn
By
Titie: Assistant Ciry Attomey
Date
Distribution:
A�ency - Original (Fully exewted) conVaci
Grnntee
State Authorized Representative
�' .
ADMW lOSlgrewpd(0't-20A9) G�aniCamnct (AgencY�iv Cenvaplwmbcr)
4
, �
ORIGINAL
Presenced By
Referred to
�o�,��.�-E# oo - 113�1
GREENSHEET# IIOOOZ
RESOLUTION
OF SAINT PAUL, NIINNESOTA
a�t
Commfltee:Date:
1 WHEREAS, the Minnesota Departmern of Natural Resources (DNR) has awarded the City of Saint Paul,
2 Division of Parks and Recreation a gcant in the amount of $164,000 for the operation and maintenance at the
3 Como Zoo and ConservaTOry, and
4
5
6
7
8
WHEREAS, the 2�00 Legislature dedicated a percentage of Minnesota Lottery proceeds to natural resource
related programs. A specific one time appropriation was made to the Como Zoo and Conservatory for
operation and maintenance, and
9 TFIEREFORE BE TI' RESOLVED, tUat the City Council authorizes the proper city officials to accept and
10 enter into the necessary agreements with the State Departrnent of Natural Resources
11
12
13
14
15
16
17
18
19
20
21
22
23
Adopted by Council: Date: �.� . G �.p p a
�
Adoption Certified by Council 5ecreTary
BY' �•��� ' �.�n .�=
Approved by Mayor: Date: �CC�� �Z �EEx7
$Y=
by:
of Parks and
—� � /
Services Director:
Form Approved City Attorne;
By: �
Approved by M or for Submission to
Council �
By. �� a �°� � �,� � ,� �=
A"
H:\Wp\OOCRAO\000&Mcampus.wb3 Page 1
Parks and Recreation
CONTACT PER:AH Ml0 PHONE
bATE1NITIATFD
10/11/00
GREEN SHEET
INITI/LLJDATE
�
Vic Wittgenstein p �� ?DEPARTMENT DIftECTOfl ja _QTV COUNGIL
NUMBER CIiY ATTOqNEY J CIiY CLQiK
MUSfBEONCOUNCiLAGQlDABY{DPTEI pppEp� 3FlNANCIALSQYVICESDIR. U 7 flNqNCiALSERV/ACCTG
4MAYOR IOR ASSISCANTI� � OFPqRTMQIT ACCOUNTANT
TOTPL i OF SIGNATURE PAGES_ (plY ALL IDLA7qN5 FOR EI[JNATIFEI ,
ACTION flEQUE5Tm:
Approval of the attached Council Resolution which allows the Division of Parks and Recreation to acceptand gives
authority to enter into an grant agreement with the Minnesota State Department of fVatural Resources in the amount of
5164,000 for operation and maintenance at the Como Zoo and Conservatory.
RECOMMENDATIONS: Approve pll er Reject IRI
_PLANNING COMMISSION __CIVIL SEPVICE GOMMISSION
CIB COMMIttEE _
A STAFf
_DISTRICT COUNpL __
SUGPOflTS WHICH COUNqL OBJECTIVE?
INITATING PRDBLEM.ISSUE, OPPORTUNITY Mfia, Wnat, When, Wtwre, Whyi:
P6160NILL
� � � 1110. 110002
0o-t1'�S�'
INITIAI/DATE
ANSWOt Tf1E FoLLON'INO MIESTIONS:
1. Hac [M1i6 pna�rm mer worketl urWer a coMratt fer [FUS departmaM?
VES NO
2. H+s ths perooNfirm ever baen a ciry employee?
YES NO
3. Doe3 tNS penoNfirm pome54 a sWll noY twrmally pos3essetl by any cwreM qty employee�
YES NO
Fspdn dl ye� emwen on aepusn sheet e�M ettech to qreen aheet.
The 2000 Legislature dedicated a percentage of Minnesota Lottery proceeds to naturalresource related programs. A
specific one-time appropriation was made to the Como Zoo and Conservatory through the Department of Natural
Resources for operations and maintena�ce.
ADVANTAGES IF APPROVED:
There will be additional state dollars available for operations and mainienance at the Como Zoo and Conservatory.
DISAOVANTAGESIFAPPROVED:
None.
� " r�� t �
-, � � 3 �:� _�G, ,�,
A��'�' w� E";3
�
DISADVANTAGES IF NOT APPROVEO:
'o.+L�'Ele�'�e,�fi� �L 4J�ui��Qi�
The Division of Parks and Recreation will not be able to accept the State grant dollars.
��� a � � � ��
TOTALAMOUNTOFTRANSACTION $ 164,000 COSTMEVENUEBUDGETFDIGIqCLEONE� YES NO
FuNwwesou�State DNR Grant
iINANCIAL INFOqMAT10N: IEXPLNN)
ncmnn kuraea� 38033:137 g �
�� � � � i �-__
4CT 2 5 2�36p
H :\Wp\OOCRAO\G Scampuso&m. wpd
a . � �
�
• STATE OF MINNESOTA 00 —1�5y
GRANT CONTRACT
BETWEEN T`HE NIINNESOTA
DEPAR`TMENT OF NA`TURAL RESOUCES
AND THE
CITY OF ST. PAUL
State Accounting Information:
Accoanting Distribution 1:
F "" a 188
"�'' 900
om/s�n: p030
a�� c�r�:
�"'"°""`� 164,000.00
Processing Information:
Contract: t�' � �O ��
Distribution 2:
AI110Wt:
Begin Date:
Distribution 3:
M10Wh
End Date: June 30. 2001
ilndividual signing ceriifies thatfunds have been encrunbered as reguired by Minn. Sta[ ,¢� 16AIS and 16C O5./
Grantee Name and Address: City of St. Paul
Division of Parks and Recreation
25 West 4`" Street, Room 300
St. Paui, MN 55102
ADh1M IOSlgrc.wpd (D'l-20-99) CrzantCOnhact ' �Aq¢ncyJDiv Contrac[Number)
1
00 -t�3y
TH1S G`ani ContracC and amendmrnts and supplemeuu t2�ereta, is between Ae State of Minnesota, acting tHrough
'.�3a(uaement and Bud¢et, 500 Lafavette Road. St PauL MI3 55155-4010 (hereinafter "STATE") and tlie _
indepe»drnt crmtractAr, not an employce ofthe Siate of Mi�esota, address Di�ision of Pa�ics and Recreation. 25 �
@erei:mRer "GRANTEE").
1
PJHEREAS, ihe STATE,
WHEREAS, GRAN7'EE represrnts ihat it is duly qualified and willing to perform the services set forth hereut
\OW, THEREFORE, it is agrzed:
GR.A�\*fEE's DUTTES (Attach additional page if necessary, which is incoryorated 6y referrnce and made apart oftivs ageement) GRP.NTEE shall:
Perform duties relating to approved delagation sLited above.
II. CAAISIDERATION AND TERMS OF PAYMENT
A CONSIDERATION: Consideration for alI services peBotmed by GRAiVTEE pu�uantto this graant contract shall be paid by tNe STATE as follows:
COMPENSATION: Compensation in an amount not to exceed $ 164,000.00 , based on the following computation: I.eeislative
appropriation
TAE TOTAL OBLIGATION OF TfiE STATE FOR ALL C6MPENSATION AND REIMBURSEMENTS TO GRANTEE SHALL NOT
EXCEED:
One hundred sixtv four thousand and no/100 dollars ($ 164.000.00 ).
B. TERMSOFPAYMENT
IN VOICE: Paymenis shall be made by Ate STATE promptly after GRANTEE's presrniation of and invoice and acceptance ofsuch
services by t},e STATE's Authorized Representative pursuant to Clause VI. Invoices s6a11 be subn�itted in a form presnibed by the
S'I'ATE and according to the following schedule:
One invoice upon the receipt of a fi�lly execu[ed grant ageemrnt
FEDERAL f7JYDS: (When applicable.) Payments are to be made from federal funds obtained by ihe STA1'E through Title
N/A ofthe ActoF
(Public law aod amendments ihereto).
If at any time such funds become unavailable, tltis Grant ConLact shall be tertninated immediately upon written notice of such fact by the
STATE to t2�e GRANTEE. I� the event of such temtinatioq GRAN1`EE shall be entitled W payme�t, dete�mineA on a pro rata bazis, for
services satisfactorily perFormed.
III. � CONDITIONS OF PAYMENl': All services provided by the GRANTEE pursuant m tltis Grant Contrac[ sNall be performed to tl�e satisfaction ofthe STATE, as
deteimined at the sole discretion of its Authorized ReQresrntative, and in accrord with all applicable federal, state and locat laws, ordinances, mles acid regulations.
The GRANTEE shall not receive paymeirt for work found by the STATE to be ur�safisfactory or performed in violation ofFederal, state or local law, ordinance,
rule or tegulation.
N. 1'ERM OF GRANT: This G�nnt ContraM shatl be effective on 7uly 1, 2000, or upm the date that the Snal required sig�ature is ohtained by the STATE,
porsuant to 117inn. Sta4 § 16C.05, su6d. 2, whichever occurs later, and shat] remain i� effect until June 3Q 2001, or unti7 all obligations set foith in tUis
Grant CmNaCi have been satisfaclmiiy fuM}led, whichever occurs fus4.
V. CANCELLATION: Tftis Crtant ConLact may be caoceled by tt�e STA1'E or GRANTEE az any time, with or without cause, upon th'vty (30) days' wiitlen nolice
to the ott�er party. In the even[ of such a cancellaiioq GRAN1'EE shaU be entitted to payaient, deteimived on a pro rnU buis, for wock w services satisfactorily
perfonned Alsq in the e�ent of such a cancellatio4 �he STATE shall be rnlitled to repaymeni, dete`mined on a rata bazis, of any funds utitially advanced by the
STATE to the GR4N1'EE.
7'he STATE may cancel tl�is Grant Co�vact immediatety ift6e STATE fmds that there has been a failure to rnmply with t6e provisions ofthis Grant Convact
that reasonable progress has not been made or that ft�e pwposes for which ihe funds were ganted have not beeu or wilt not be tulfilled, the STATE may take
action w protect ttie interes[s of [fie Statz of Minnesota, induding the refusal to disburse additional funds and requiring the retum of atl or part of the funds aUeady
disbuised
A9MIN. tO5lgcwpd (07.20.99) GrmtConuac[ . (Aamcv/Div ContractNUmberl
2
Oo -���y
V7. STA7'E'S AUTIiOR3ZED REPRESEI3TATTVE: TLe STATE's Authorized Represeutative for the purpuses of A�+++�+��on of this Grant Contrnct is Aud
Mularie. Lacal Gcani Repcesentaiive. Such repreuatative s6a(1 t�ave final autksority for acceptauce of GRANTEE's se�vices and if wch services are accepted as
satisfectory, shall so certify ov each invoice submitled pursuant to clause II, paragrapfi B. The GR.9NIEE's Authori>.ed Representalive fm purposes of
a�...'�7e.aryon ofthis grant contract is Victor A Witl2eraaeia Director of Parks and Recreation . The GRANTEEs Auihorized
Represenfative shall have full authority to represent GRNidTEE iu ih fulfillment ofthe tems, conditions and requ'vements oftivs Grurt ConVa�t
V1L ASSIGNMENT: GR4�'TEEsk�allneitherassie�noriransferanyrightsorobligatioasunderthisCrcantContractwithouttl�epriorwrittenconsrn2oftheSl'ATE.
l�Ill. AMENDMENTS: fwy amendmrnts to this Grant Comrnct shall be in writiug and shal7 ba exccuted by the same parties who eacecnted the original Cmant Convact
or their succasors in office.
IX. LIAB[I,[1'Y: GRA.V7EE shall indemnify, save, and hold the STATE, its representafives and emptoyees, hazmless &om any and all claims or causes of action,
iududing all atiomeys' feu incmrttl by the STA7'E, arising from tht peffolmauce of this Grmt Contract by GRAIVT'EE or GRAi\*1'EE's agents or employzes.
71tis clause shall not be couswed to baz any legal remedies GRAN1"EE may have for the STA1'E's failure to fu(fill its obligations pursvaut to tivs Grant Contract
X STATE AUDITS: lt�z 600ks, re�rds, documents, and accounting procedures and practices ofthe GRA�V1"EE relevantto tEus Grmt Cqntracc shatl be sub,}eM to
eaaminalion by the contrzcting departrnrnt and tha Legislative Audi2or, for a mitumum of six years &om ikie rnd oftltis Grmt ConVaR
XI. GOVERNMEl�'1' DATA PRAC110E5 ACT: 17�e GRANTEE must comply wOh the Mimiesota Govzmment Data Practica Act, Mumesou Stamtes C6apter 13,
az it applies to a{I da5a provided by the STA7'E in usordance wrth 8vs ConVact, and as it appliesto all data, created, coltected, r¢ceived, siored, us¢d, maintained,
or disseminated by ihz GRAI�'1'EE in accordance with this Contract The civil remedies of Minnesota Sfatutes Sectiov 13.08, apply to the release oftht data
refeaed to in this Article by eit6er tf�e GRA1V7'EE or ilie STATE.
In the event iLe GRANTEE receives a request to release the data refe�red to in tlils Article, the GRANTEE must vnmediately notify ihe STA1'E. "fhe S"TA7'E
will give the GRANTEE inslructions concemingthe re(ease ofthe data to the requesling pazty before ttie data is released.
XII. OWNERSHIP OF MATERIAI.S AND INTELLECTUAL PROPERTY RIGHTS
A, The STATE shal7 own a11 rights, title and'mterzst in ail of ihe materials conceived or aeated by tHe GRANTEE, or iis employees m subgarnees, eiiher
individually orjointty with ot6ers and which arise out ofthe perfonnance of a�d are paid for under ihis Grunt Contract, including any inven[ions, repuR<, s[udies,
designs, drawings, spec�calions, notes, documenCS, soflware aud documrntatiov, compu[er based training modules, elechronically, magnetically or digitally
recorded material, and ofher wotk in whatever form ("MATERIAL.S").
The GRANT'EE hereby assigis to ihe STATE all rights, title aeid interest to We MATERIALS. GRAN7'EE shall, upon request ofthe STATE, execute aN papers
and Qerfo�m all ofher acu necessary to assist the STATE to obtam and regis[er copyrights, Qatrnts or other fomzs of protection provided by Iaw for the
MATERIALS. The MATERIA[.S created under Qtis Grant Contrut by the GRAN'CEE its emp]oyees or subgrantees, individually orjointly with otF�ers, shall be
ronsidered "works made for h've" as defined by the United Siates Copyright Aci.
All oftf�e MATERIALS, whather in paper, electronic, or other foan, shall6e remilteJ to tkie STATE by ihe CiRANTEE, its employees and any sub�te�, shall
not copy, reproduce, allow or cause to have the MATERIAI,S copied, reproduced or used for any purpose other than perfomiance of the GRANTEE's obliga[ions
under tltis Grant Convaa without tfie prior wririen con<ent ofthe STATE's Authorized Represeniative.
B. GRANTEE represrnts and wartanis that MATERIALS produced or used under tivs Grmit Contract do not and will not infringe upon any intellecwal property
rights of another, includi�g but not Iimited to pa[ents, copyrighLS, trade secrets, trade names, and service mazks and names. GRANTEE shall indenmify and
defend the STATE, at GRANCEE's expense, from any action or c7aim brought against the STATE to the extent t6at it is based on a claim tha[ all or part ofthe
MATERIAI.S infringe upon tfie inte]lectual property rights ofanothee GRANTEE shall be rzsponsibie for paymrnt of arry and all such clavns, demands,
obligations, liabilities, cosis, and damages inctuding, but not limited to reasonable attameys' fees arising out of this Grant Co�tract, amendments and supplemenis
+hereto, which are aaributable to such claims or actions.
Ifsuch a daim or action arises, or in GRANTEE's or ihe STATE's op'vtion u likely to uise, GRAIV"CEE shall, at the STATE's discretioq either prowre for the
STATE the righ[ or license to continue using the MA7'ERIAI,S at issue or rep]ace or modify the allegedly inGinging MATERIA[.S. This remedy shal] be in
addi[ion to and shal] not be excta<ive to other remedies provided by law.
XIII. PLBLICITY: Any pub(icity gven to the progam, publications, or services provided resulting&om trus Cnan[ Conhact, inctuding, but not liauted to notices,
inforsnational p.vnphlets, press releases, research, reports, signs, and similar public novices prepared by or For the GRANTEE or its employees individually or
jointly with others or any subgrantees, shall identify the STATE as the sponsoring agency and shall not be released, unless such release is a speci5c part of an
approved work plan inctuded in tlus Gra�rt Contract prior [o iYS approval by the STA7`E's Authorized Represeniative.
XIV. WORIiERS' COMPENSATION: GR:WCEE shall provide acceptable evidence ofcompliance with the workers' compensation insurance coverage requvemrn[
of Minn. Stat § 176.181, subd. 2.
XV. ANTITRUST: GRAN7'EE hereby assigns to the State of Minnesota any and at] claims for overcharges u to goodc and/or services provided in wmection with
tttis contract resulting from antitrusc violations wlvch arise under the antikust laws ofit�e United States and t}�e azitiWSt laws ofthe State of M'vmesota
XVI. PROMPT PAYMENT TO SUBCONTRACTORS: (WNrn applicable.) Prime contrac[ors are requ'ved to pay subrn�tractors pursuant to !19inn. Sfat §
16Al245.
XV[I. JURISD[CTIONANDVEIVLIE: TtusGsantConhactandeaecutedamendmentsthereto,shallbegovemedbythelawsoft6eStateofMinnesota. Venueforall
legal proceedings arising out ofthis Grant Contracy or breach thereo� shall be in the state or federal court with competentjurisdiction in Ramsey Courriy,
Minnesota
XVIII. OT'iIER PROVI None
IN WITNESS WHEREOF, the parties have caused tivs Grant Contract to be duly executed intmdivg to be bound fiereby.
n�MiN. iasi��ava (o�-zo-vs) cartconaau - cnz��vroN comrzan�,ro:.��
s
oo. i��y
APPROVED:
I. GRANTEE: �tyofSaintPaul
GRAN7'EE certifies thaz fhe appropriate peaon(s) fiave execured the
Grant Contraa on behalf of ge GRAN'tEE u requ'ved by applicable
articics, bylaws, reso7utions, or ordinances.
2. STA1'EAGENCY:MNDeparhnentofNaturalRcsources
G�ant Contrac[ approval and certification that S7A1'E funds have
been encumbered as reqvired by Minn. StaG § I6A.15 and
16G05.
By By (autt�orized signaNre)
Title: Mayor,CiryofSaintPaul Title_
Date Date:
By
Title: Direcwr, Financial Services
Date
Approved u to Fortn
By
Titie: Assistant Ciry Attomey
Date
Distribution:
A�ency - Original (Fully exewted) conVaci
Grnntee
State Authorized Representative
�' .
ADMW lOSlgrewpd(0't-20A9) G�aniCamnct (AgencY�iv Cenvaplwmbcr)
4