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280780 WHITE - CITV CLERK PINK - FINANCE COUflCII CANARV - DEPARTMENT G I TY OF SA I NT PALT L ������� BLUE - MAVOR �„-��J' ,� , File N . , Co ncil Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, That the proper City officials are hereby authorized and directed to execute a grant agreement with the State of Minnesota whereby the City of Saint Paul will receive funding for the creation of temporary jobs for the unemployed and reclamation of public park lands along the Mississippi riverfront, a copy of said agreement to be kept on file and on record in the Department of Finance and Management. The grant is derived from the Minnesota Department of Economic Security's Parks and Recreation Area Development proposal (PRAD) . COUNCILMEIV Requested by Department of: Yeas Nays � Fletcher Galles COIriTriLlrilt S@Y'V1C@S Masanz � � [n Favor sc�b� _ Against BY Tedesco Wilson AUG 2 3 1983 Form pproved by i ey Adopted by Council: Date C � Certified Y by Coun ' r B By p t�pp d Mavor. Date '�u� '' '1903 Ap ro by Mayor for S �on t Council BY �� � � PUBLISNED SFP 319$3 \ ������a� q C.�,�,� \,�� To �� � V�i ST'�� ,, Date l/ 2�i "�"�SS� ( � ' E�-��c1 s ,�'C�TZ�� � \ \ : , From ��� i �►� I t��r '� � Subject � � � � � � � � , -- � �� � T� �t�E � : lo ' . ac�. �.1u�. ' a.aK� i�. ST�►T� � OO C�� � � -- 3 '�"�UV�e.-w`' uh.1�+t' \ � o--�' 4+'h�'(�� �v�� ', �1 l S L�- D .L;'ur��- C a W � 0✓L � 1�t1'QJl N� � ! o'�"m MNTEDµNU'f.AM��� �7o Signed � I � Division of npa er Programs �����4► �._ � ' Communitj� Ser 'ce EPART(•1ENT `- `' �'"t ' [teadus W. Fletc er ONTACT - HONE �^��� � � Juiy 27, 1983 DATE � (Routing and Explanation Sheet) '_ .�.i -_c' ' _'r .,,A� •�K _ _ ,T�° _ �.�:. c�Jr:,y,r. y� ,4 _ >si n t�ur:ber for Routin Order Cli All Locations for h1a oral Si nature : � rtment Di rector ��y� • City Attorney � ���� — • �,�,.� nt/Mayor µC�jtA�N� 4 Finance and Managemen irector ':. _ RECEfVED _;�. � City Clerk Budget Di rector ����� 1 f i�83 OFTICc OF THE DIRECTOR i , " D�PaR1�'�IENT OF F���ANCE AND MAt�AGEfviENT SERVICES 'hat Will be Achieved by iaking Action on the Attached Materials? (Purpose/Rationale)_ Temporary jobs will be created for the unemployed and City riverfront parks will be reconstructed and improved. _ 7�� .�-z�,.E=C�,C�-n� =inancial , Budgetary and Personnel Impacts Anticipated: �.�' �-(�� � � - � /� . .�- � _ n--�--`�.` $50,000 of State resources awarded to the City. � Furding Source and Fund Activity Number Charged or Credited:_ Fund �k33559 Attachments (List, and Number all Attachments) : - Three copies of Agreement .for signature. .T�'-- -..:�:�-+.+bs,;,Tf�lx >_h'�.-:•�i--r. "".'.a� _ s+�-:.�:� � ��" .'r- -.i w.3-_rt f�-'=`� �cY.=�5}_«- _ �:s _ . U�PARThSE�1T REVIEW CITY ATTORNEY REVIEW x Yes No Council Resolution Required? Resolution Required? Yes No Yes _� No Insurance Requi red? Insurance Suffi cient? Yes _ No/f��- Yes x No Insurance Attached? _ � Revision of October, 19E2 (�ee Rever.se Side for Instructions) ",`` . +�'� � STATE OF MINNESOTA � �+����;� � - DEPARTMENT O� ECONOMIC SECURITY - GRANT AGREEMENT � PARKS � RECREATIONAL AREA DEVELOPMEM' GRANT (P.R.A_D.) t=u�cina So�.��s P.R.A.D. Grant Agreement Numbsr 81093 +�is Gr��t, vrnich shall be interpreted under the laws of the State of Minnesota, between the Sta�� o� ytinrsesot�. acting through its Department of Economic Security, Office of Intergovernmental �r;d Camme�ity Relations (hereinafr�r STATE) and � CITY OF ST. PAUL DIVISION OF PtANPOt�JER PROGRAMS 615 SOUTH CHATSIJORTH � ST. PAUL, MN. 55102 (hereinafter GRANTEE) i�:OTICE TO GRANTEE: You are required by Minnesota Statutes, 1981 Supplement, Section 270.60 fi� F:�+vi�'e yeur social sacurity number or Minneso�a tax identification number ii you do businsss with the State of Minnesota. This information may be used in the enforcement of federai and s`ate t�x lzws. Supplying these numbers could result in action to require you to file state tax raturrs and pay delinquent state tax liabilities. This contract will not be approved unless thesz r.um�ers 2re provided. These numbers will be available to �ederal and state tax authorities and s�ate Fe;sa�r.e! involved in the payment of state obligations. Sccial Security or Federal Identification Number 41-6005521 i�tinnese� S_ate Tax�.Indentification Number 8025095- — � " `rlitnessetn that: 1'lHEt-'tEaS, the STATE is accepting a grant from the Smali Business Administration's Park and Recreational Area Develupment Program of the Federai Emergency Aet, Public Law . - 98-8 for the purpose of provid.ing Minnesota• residents jobs during a time of hig��. � � employment and suitable resource for funding public landscape development and rehabilitation projects that provide benefits of lasting value . VJi-�.ERcAS, the STATE is making grants to political subdivisions, Indian Reservation and non-profit organizations for the purpose of employing currently unemployed p�rsons for the purpcse of rehabilitation and development of public parks and recreational areas 1�JHErZEt1S, �he STATE and GRANTEE recognize the need for small businesses to participate as qualified providers of supplies and equipment in the STATE's and GRANTEE`s �rocurement processes Y/i-iERE�S, the STATE and GRANTEE both recognize the Minnesota Department of Economic Security-Job Services Division as the referral and certification agency for all eligible employees employed by the GRANTEE under this grant 1'/i-�REAS, the GRANTEE represents that it is capable and willing to perform to the provisions set forth herein and duly eligible to receive a grant from the aforementioned funds i`O�"! T1-cRE�ORE. in consideration of the premises and intending to be legaily bound, the parties �ares as follows: . . ������� . . ,. . r,.•,. I. DEFINITIONS: - (a) "Employee" shall mean a person .hired on a ful�-time basis to perform the servicss outlined in Attachment A-Exhibit 1 of this agreement, ,tino is not otherwise� full-time employed, who is unskilled, who is not receiving unemployment campensation, and that has been referred for employment to the GRANTEE by Department of cconomic Security Job Service Division. (b) "Development and Rehabilitation Services/Prajects" shall mean al! work performed by the GftANTEE as outlined in Attachme�t A-Exhibit 1, and that includes but not limited to �lanting and pruning of plants, preparation, ground maintenance of soil to ence�rage plant growth, watering and caring of plants on public land(s), that is of a non-construction nature. (c) "Public Land" shall mean any park and/or recreational parcel that is owned and/or controlled by the tate of Minnesota, its political subdivision, or Indian Reservation. (d) "Small Business: shall mean a business with no more than 70 employess. �. The GRANTEE shall implement and operate the workpIan outline of Attachment A-Exhibit 1 and budget attaehed hereto as Attachment A-Exhibit 2, and incorporated herein by r�ferrenc�. . By the execution of this agreement by the STATE, the STATE approves said plan and budget. III. TERM OF GRANT: This agreement shall be effective July 1, 1983 or upon such date as it ist:executed as �o encumbranc�i by the Commissioner of Finance, whichever occurs later, and shall remain in effect until September 30, 1983 or until all obligations set forth in this grant have been satisfactorily fulfilled, whichever occurs first. IV. FUNDS: " The STATE shall prov'ide the GRANTEE with funding uRder this grant not to exceed � $ 50,000.00 These funds shall be budgeted in the following manner- $ 49,000.00 Prngram activities; an amount not to exceed $ 1,000.00�— for GRANTEE Administration. ' • ---.,_� Wa es - Employees hired under this-grant shali��b�e=paid between $3.35 and $4.00 per hour. The State shall reimburse up to $4.00 per hour for eac:� eligible job applicant employed. The exact amount shall be determined by the GRANTEE. However, the GRANTEE may use funds from other sources to provide increased wages to the a�plicants it� empIoys. The equivalent of $1 per hour shall be paid as fringe benefits. Such bsnefits shail include as used herein, F.I.C.A. Tax; Workers Compensation and such additional benefits as the GRANTEE deems appropriate. � ., . °� � ,�� � �, � � � � ��?1����� � V. CONDITION OF GRANT: ;` ` The GRANTEE shall: . 1. Certify that the work described in Attachment A, Exhibit 1 would not have been _ performed without this grant. . � 2. Obtain all landscaping supplies from eligible small business(es) as defined in Section I d. 3. Hire employees that meet all conditions defined in Section I a. 4. Perform work on publicly controlled or owned land. 5. Utilize reasonable effort to see that the plantings are watered and cared for until they are established. VI. �REGRANT COSTS: Costs incurred from July 1, 1983 to the effective date of this Grant, which were in anticipation of this award and specifIcally authorized and approved in writing by the STATE, are alIowable costs to the extent that they would have besn allowable had they been incurred after the effective date of the Grant only if the same are approved by the Commissioner of Finance in accordance with the provisions of Minnesota Statutes 16A.15 Subdivision 3 (1978). 1. Records: The GRANTEE shall maintain books, rscords, documents, and other evidence pertaining to all costs and expenses incurred and revenues acquired under this grant to the extent and in such detail as will properly reflect all net costs, either direct or indirect, of labor, supplies, and services, and other costs, of whatever nature, for which expenditures are claimed. The GRANTEE further agrees to permit the STATE, the Comptroller General of the United States, or any of their duly authorized representatives, to inspect, as any of them desm necessary, all books, documents, papers, and records which are pertinent to_ the grant. All pertinent records and books of accounts related to this grant shall be preserved by the GRANTEE for a period of three (3) years subject to the following: (a) The three year retention period shall commence from the date of submission of the final expenditure report; (b) If any litigation, claim or audit is started before the expiration of the 3 year period, the records shall be retained until all litigation, claims, or audit finds involving the records . have been resolved; (c) Records for non-expendable property which was acquired with , Federal grant funds must be retained for three years after final disposition of the � ' property. . - - - . � � - . . . 2. Conditions of Payment: Payments shall be made by the STATE after the GRANTEE's presentation of invoices for services performed in accordance with this grant and acceptance of such services by the STATE. Such payments shall be made at monthly intervals provided the GRANTEE submits an expenditure report and invo'ice with respect to services performed during each month of the term of this Grant within ten days after such month has ended or more frsquently if requested by the State. The GRANTEE shall submit a final invoice to the STATE within 20 days after September 30, 1983. Failure to submit a final invoice within this period shall result in disallowanca of payment for any expenditures not prsviously submitted. Such report and invoice shall be in a format set out as Attachment B. The STATE reserves the right to offset overpayments and disallowances by reducing payment of future invoices. The GRANTEE further agrees that in the event that the project/services or any part of the project/services shall be determined by� the 5TATE to be nonreimburseable, ' � even though payment therefor has been made, such monies shall be repaid upon demand of the STATE. � ' ,�� �''�?�!1 , � '3. Monitorinq Procedures: The STATE shall have the right to monitor GRANTEE'S • activities at reasonable times to assure that adequate progress is being made toward achieving the go�ls of this grant. GRANTEE agrees to cooperate in the STATE's . monitoring activities. 4. Workers Compensation: The GRANTEE shall provide acceptable evidence of compliance with the workers compensation insurance requirement of Minnesota Statutes, Section 176.181, Subdivision 2. . � 5. Affirmative Action: The GRANTEE shall c�rtify that it has received a certificate of compliance from the Commissioner of Human Rights pursuant to Minnesota Statutes, 1981 Supplement, Section 363.073. 6. Refersnces and Issuance to be Foilowed: The GRANTEE shall comply with all applicable federal, state, DES Directives and local laws, rules, regulations, guidelines, policies, and procedures relating to the performanca of this agreement including, but not limited to OMB Circular A-102, A-110, A-87 and A-122, Federal Treasury Circulars 1075 and 1082, and Regulations and Bulletins of U.S. Smali �usiness Administration under the Act. 7. Accessibility: The GftANTEE shall comply with Section 504 of the Rehabilitation Act of 1973 and the regulations prnmulgated thereunder concerning non-discrimination with respect to handicapped persons in any program or activity receiving federal financial assistance. . VII. ASSURANCES: GRANTEE assures and certifies that it shall: a. Comply with Title VI of the Civil Rights Act of 1964 (42. U.S.C. Z000 D) prohibiting discriminatory employment practices which result in unequal treatment of persons who are or would be benefiting from the grant-aided activity. b. Comply with requirements of the provisions of the Uniform Relocation Assistance and Real_,Property Acquisitions Act of 1970 (Pub, L. 1-0646) which provides for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. c. Establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have business or other ties. d. Comply with minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act. e. Assist the STATE in complying with Section 106 of the Natio�al Historic Pres�rvation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 USC 469A-L ET SE(�.) by (1) consulting with the State Historic Preservation Of�icer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse efrects (see 36 CFR Part 800.8) by the activity and notifying the STATE of the existence of any such properties, and by (2) complying with all requirements established by the STATE to avoid or mitigate adverse effects upon such properties. f. Comply with the provisions of the Hatch Political Activity Act which limits the political activity of employees. . � . � . � g. Comply with all federal, state and local occupational health and local environmental standards. � : . , . ��'���� . . h. Comply with all federal, state and local environmental standards. VIII. STATE AUOITS: The books, records, documents, and accounting procedures, practices and plan of the GRANTEE . relevant to this grant agreement shall be subject to examination and audit, including but not limited to the GRANTEE's accounting practices, by the STATE and the S7ATE's designees. GRANTEE shall cooperate in any such audit. IX. LIABILITY: The GRANTEE agrees to indemnify, save and protect harmless the STATE, its agents and employees, from any and all claims or causes of action arising from the performance of this grant by the Gt-ZANTEE or the GRANTEE's agents or employees, it being understood and agresd that the STATE`s liability hereunder shall be and is limited to the amount of the grant herein as set forth in paragraph IV hereof. This clause shall not be construed to bar any legal remedies the GRANTEE may have for the STATE's failure to fulfill its obligations under this grant. X. PUBLIC MONIES: The GRANTEE shall utilize, as a depository of funds received under this grant, a bar�k or banks insured by the F.D.I.C. XI. DUPLICATE CHARGES: The GRANTEE shall not certify reimbursement by the STATE or payment requests, budget plans, projected cash needs reports, or financial/program forms or reports of any type that contain duplicate charges attributable to any other Federal, State or locally funded programs. -��.. . XII. DATA RE�UIREMENTS: Submit the Monthly Progress Report five (5) working days after the end of each report period. Such report shall be in form as Attachment C. XIII. CANCFZLATION: The agreement may be cancelled prior to the end date of the Agreement, with or without cause, by either the STATE or GRANTEE upon 10 days written notice to the other party. In the event of such a cancellation, the GRANTEE shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed, and shall return all unexpended funds to the STATE forthwith. XIV. DISPUTES - Disputes arising under this grant shall be submitted to the Grants Management Office (U.S. Small Business Administration), to be resolved by it in accordance with ihe procedure outlined in Attachment D, hereto attached. XV. DATA PRIVACY: THE GRANTEE shall be bound by and comply with the provisions of the Minnesota Government Data Privacy Act, Minnesota Statutes, Chapter 13. , t " . � t � � ������ ' IN T�IITN'ESS WHEREOF, the GRANTEE and STATE have executed this Grant A�reement the day and year last specified below; AP�V�� APPROVED: CITY OF SAINT PAUL STATE OF P1I`iYESOTA DEPA.RT2�NT OF ECONOMIC SECURITY . By: �1� �y: Director, Divisi of Man wer Director of Office of Intergovernmental Programs and Comiminity Relations Approved as t Form: Date � j (2) Approved as to form and execution b the � Y By' Attorney General Assistant ity ttorney By: � Assistant Attorney General B • y. � Department o �ity S ices Date Bp: � �j�"�}�-^ �3� By. or Department of Admiaistration 4�� . '_, . � � , By' Date Department of Finance and Manage� ment Services $�t1��s� � �/�� By; Department of Finance Date � . ; . . � ' �1'1c�Y'�. NK+It� 3 � : " Attachment A-Exhibit 1 MINNESOTA DEPARTMENT OF ECONOMIC SECURITY � PRAD GRAM` �yORK PLAN I. Project Scope: . _ The City of Saint Paul will provide terracing to minimize soil ' __ erosion, mulching, planting trees and shrubs, clearing underbrush, ��,- = and related landscape activities for public park lands along the -� " Mississippi riverfront. ' II. Project Duration: _ �.:- ._ -�_.. A. From 8/8/83 to 9/30/83 B. Number of Persons Employed 20 at $ 4.00 per hour, for � - a total of 6.400 hours. - C. Number of Persons Employed 3 at $12.44 per hour, for a total of 960 hours. _ • t � _ �� � ` • . . :���'���j , BUDGET FORM Cost Categories � Administration: Salaries & Wages S 60�J Fringe Benefits 200 Travel - 0 - Consumable Supplies 200 Subtotal S 1.0. �JO Materials (1) 2,005 Paid Labor: On-Site Supervisors . . . - -,_ Salaries 14,689 -- =:`� - :��:: _.. Work Crew Salaries 32,306 Contracted Labor - 0 - ���total $46,995 {1) Materials (describe narratively with corresponding prices) _ . Mattocks $ 100 ea. Pruning Shears 6Q ea. Grand Bow Saws _. . 60 ea. � Totat $50,Q00. Long Handled Shovels 100 ea. Post Aole Diggers 60 ea. Short Handles Shovels 200 ea. Grass Cutter 200 ea. '