271439 WHITE - CITV CLERK r q■ A
PINK - FINANCE G I TY OF SA I NT PA l.1 L COUIICII � 1 1 Li���
CANARV - DEPARTMENT
BLUE - MAYOR � j
File N 0.
l Resolution
Presented By •
Referred To Committee: Date
Out of Committee By Date
RESOLVED, That the Council of the City of Saint Paul does hereby approve
and accept grant agreement from the State of Minnesota, State Planning Agency, for
the developrr�nt of tennis courts at the Orchard Recreation Center site, the grant
agreement providing the City with the sum of $7,500.00 and requiring that the
City provide a matching sum of $7,500.00 and the proper City officers are hereby
authorized and directed to exe�ute the grant agreement on behalf of the City
of Saint Paul .
Funding Code: 39402-070
Approved as to Funding
�
rl^� �
Bernard J. ar son, D rector
Finance & Man/a�9 ement Services
�G�-y3��X
COUNCIL�tEN Requested by Department of: .
Yeas Nay�s
BUtI r B� � Comnuni Services
oz a Hoaa In Favor
n HuM
Le ' e tavine _�___ A ga i n s t
Roe er �yladdoX
Syl s r Showaltet
Te esc T�desco
Adopted � Cou cil: Date Form Approved b 'ty Attor
—����—
Certified a F; by Council c t BY
B} , �
Appr ved by Mayor: D ~ JW 1 4 {97$ A ro ed by Mayor for u mis io to Council
gy By
PUBLISHED JUL 2 Z �97g
-�_ _ , � o� oi: ia/i9�s
Rev. : 9/8/?6
�LANATItyN' OF ADMINIST TI�TE 'ORDERS,
SOLII'T ONS, AND ORDINAN S -
_�_�. .._.r.,...�.`...._. ���,y��
�t}
� RECEIVED
Dat�;: June 16, 1978 �IUN $ 91978
M�AYQi!'� �
TOs MAYOR GEOR6E LATIMER
�: Thomas J. Kelley, Director, Department of Con�nunity Services
�= Councit Resolution accepting a grant agreement frt�n �he Minnesota State ,
Planning Agency for the development of tennis courts at the Orchard .
Recreation Center site. �
ACTI�N RE4UESTED: .
Approval of Resolution for submission to Council
FUND Ct�E: . �
____.__�... _
39402-070 . �
'�;;
�
PURPOSE AND RATTCNAI.E FO!R THIS ACTIpN: • "
This resolution is necessary to accept the above-named grant, whereby
� the State provide �7,5Qfl.00 and the City is required to provide a
matching sum of �7,500.00 for the development of tennis courts at
the Orchard Recredti�n Center site. -
ATTACF�SENTS: .
Council Reaolut�on � ' �
� G�,NT ��`��,�w�
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SEQ �,���.�°��y
STATE OF MINNESOTA g�Q � _AID
STATE PLANNING AGENCY SEQ # AID_____
OFFICE OF LOCAL AND URBAN AFFAIRS gPA # -
STATE OUTDOOR RECREATION GRANT PROJECT AGREEMENTd'7����OiD�
�i ty of St. Paul ��'��
OR-
Local Unit of Govemment Project Number
St. Paul Tennis Cqurts (Orchard) Ramsey
Project Title County
Date of approval through 12/3l/80
Period Covered by this Agreement �
PRWECT SCOPE:
The City of St. Paul will construct two tennis courts at"OrcF�ard Recreation ,
Area. The Construction includes site preparation, surfacing, fencing.
Entire Project � �
Stage Covered by this Agreement • .
Project Cost The followiog attachments are hereby
15 000 0o incorporated into this agreement:
Total Cost $ a • 1. Grant Application
Fund Support `� 2- Temporary Rules for Administering Outdoor
Fund Amount• $ � • Recreation Grants(Aug.29,1977)
'Fund Amount: This is[he maximum amount of state funds that shall be provided on the project.
The State of Minnesota, by its delegated ofFicial, the State Planr.ir�g Agency, Office of Lo�_a' - Jrban Affaits,
(hereinafter referred to as"State") and
The City of St. Paul
(hereinafter referred to as "local unit") mutually agree to perform this agreement in accordance with Minn. Laws
1977,Chap.421 and Mian. Regs. 10 MCAR §1.305,and the provisions contained therein.
The following terms as used herein shall have the following definitions:
1. "Director" means Director of the Office of Local and Urban Affairs, or any representative laN�fully delegated
the authority to act for said Director.
2. "Funds" means those moneys made available by the State under the State Outdoor Recrea:.:;n Grant Fund.
3. "Rules" means the rules cited as Minn. Regs. 10 MCAR §1.305.
-4. "Local Unit" means the political subdivision of the State of Minnesota that is the applicant-recipient of the
grant pursuant to this agreement.
5. "ProjecY'means the planned undertaking for outdoor recreation that is the subject of this agreement.
6. "State" means the State of Minnesota, the Office of Local and Urban Affairs of the State Planning Agency,
which administers the State Outdoor Recreation Fund program for the State of Minnesota.
Pana 1 nf R P�roe
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In consideration of the mutual promises and covenants contained herein, the parties hereby agree to perform this
agreement as follows:
A. GENERAL PROVISIONS
1. The State agrees to distribute to the locel unit the State's share of the costs of the above project, as `
approved by the Director.
. 2. The local unit agrees to execute the project herein described in accordance with the terms of this agree-
ment. It is fiereby understood that the local unit has reviewed any attached State forms and the attach-
ments thereto and has found them acceptable.
3. The local unit �urther agrees that in the event that the project or any part of the project shall be deter-
mined by the State to be nonreimbursable, any State monies already paid under•this agreement by the
State shall be repaid upon the demand of the State.
4. When State funds are not availabte for the project within o�e year of the date of this agreement,this
agreement shall be�ull a�d void.
5. When the local unit fails to provide the maintenanoe required under this agreement,the State may withhoAd
, curreni or futnre payments to the local unit on any projects until the local unit complies with thi�,
provision. -
6. tn the event that the local unit defaults on the project, the State may maintain the project and shall be
authorized to charge the local u�it for the cost of maintenance.Such oosts of maintenance shall oonstitute
a debt due and owing to the State.
7. The local unit shall obtain the Director's written approval before any change is made on the project from
the original recreational purpnse or jurisdictional oontrol.
B. PROJECT EXECUTION
1. The project period ahall t�egin on the date of approval of this egreement by the Director and shall terminate 2 years from
that date unleu the project is extended or completed or terminated at an earlier date, in which event the project period
shall end on the date of completion o►-termination.
2. The local unit shall complete the project in a�cc.wrdance with the time schedule set.forth in the project proposal and this
agreeme�t. Failure to render satisfactory progress or to complete this or any other project+�nder the State Outdoor
Recreation Gra�t Fund Program to the satisfaction of the Director may be cause fbr the suspension of alt obligations of
the State under this agreement.
3. Construction contracted for by the local unit for the purposes of this grant shall meet Me following requirements:
a. Contracts for oonsvuction in excess of 510,000 shall be awarded through a process of cornpetitive bidding.0+,� (t)
copy of all bids and one (t 1 eopy of the contract ahall be wbmitted to the Uirector after approval of this agreerrcnt.
b. The local unit shalt inform all bidders on contrects for construction in exceu of 570,000 that State funds are being
used in the construction.
c. Written change orders to contracts fo�const►uction in exceu of 510,000 shall be iasued for atl necessary changes in
the facility.The orders shatl be made a pert of the project file and shall be kept available for audits for three years
after completion of the project.One i1)copy of Me order shatl be wbmitted to the Director.
d. Tfie contractors'bonds provisions of Minn.Stat.Sact.574.26(19761:
e. The human rights provisions of Minn.Stat.Chap.363(19761:
f. The anti-discrimination provisions of Mi�n.Stat.Ssct.181.59(19761,and other applicable laws and regulations;
g. The competitive bid provisions of Min�.Stat.Sect.471.345�471.36(19761;
h. The local unit shall incorporate or cause to ba ir�corporated into all construction contrects, a�provision that the
contractor shall hold the State of Min�esota,offitxrs and ert�loyees of the State of Minnesota harmtess from any
liability with respect to claims for damsgea a a rowlt of bodily injury,sickness,disease,death or property damage
resulting from contractor's operatio�s on the projsct.
4. Development plans and specificetions shall be available for roview by the�irector upon request.The local unit ahall permit
periodic site visits by the Director to insuro worlc propress in accordance with the approved project, including a final
inspection upon project completion.
Paqe 2 of 6 Pa9es
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5. The local unit shall secure completion of the project i� accordance with the approved construction plans and specifica-
tions,and shall secure compliance with all applicable State and local laws and regulations.
6. In the event funds shall not be available for future stages of the project,the local unit shall bring the project to a point of
usefulness agreed upon by the tocal unit and the Director,
7. Prior to any major change from the project proposal,the recommended change shall be submitted to the Director for his �
approval. '
8. The project shall be located only on real property owned or leased by a local unit. �
C. PROJECT[:OSTS
1. Project aosts eligible for assistance shall be determinnd upo�the basis of the criteria set forth in the regulations and ihis
agreement.
D. PROJECT ADMINISTRATION
1. The local unit shall promptly wbmit any reports that the Di�ector may request.
2. Property and facilities developed pursuant to this agreement shall be available for inspection by the Director upon request.
3. Any monies advanced to the local unit are "public monies" lowned by the State) and shall be deposited in a bank with
FDIC i�surance coverage; the balances exceeding the FDIC coverage shall be collaterally secured as provided for in 12
U.S.C.265.
4: The local unit shall use�any funds received by way of advance payment from the State under the te►ms of this agreement'
solely for the project or project stage descnbed herein.
5. Because one of the basic objectives of the State Outdoor Retxeation Grant Fund program is to enhance and increase the
State outdoor reaeation resources, the bcal unit shall u� the State funds granted hereunder consistent with those
objectives. These funds shall result in a �et increase in a local uniYs outdoor recreation program,at least commensurate
with the State oost share,ard ahall not be used as a replacement or substitution of a local unit's outdoor recreation funds.
E. PROJECT TERMINATION
1. A project shall commence when the local unit mekes any expe�diture or incurs any obligation with respect to the project.
The local unit may unilaterally rescind this agreement at a�y time prior to the commencement of the project. After
project commencement, this agreement may be rescinded, modified, or amended only by mutual agreement consistent
with law and regulations.
2. Failure by the local unit to comply with this agreement or any similar agreement may be cause for the suspension of all
obligations of the State hereunder. However, such failure to comply with this agreement shall not be cause for the
suspension of all of these obligations when, in the judgment of the Director the failure was not due to the fault of the
local unit. In such case, the minimum costs of any irrewcable obligations properly incurred shall be eligible for funds
under this agreement.
3. It shall be recognized that the benefit to be derived by the State from the full compliance by the local unit with the terms
of this agreement is the preservation, protection, and the net increase in the quantity and quality of public outdoor
recreation facilities and resources which a-�� -�•ailable to the people of the State. Because repayment bY the local unit to
the State of the funds extended unc+sr -• ;reement would inadequately compensate the State for any breach of this
agree.ment by the local unit,the local ��a=v :- •�es that the appropriate remedy for a breach of this agreement by the local
unit shaU be the specific performance of ti;;, -.::eement.
F. CONFLICT OF INTERESTS
1. No official or employee of the local unit who shall be authorized in his official tapacity to negotiate,make,accept,or
approve, or to take part in decisions regarc:.;g a contract or subcontract in connection with this project shall have any
financial or other personal interest in any si,c.•,contract or subeontract.
2. No person performing services for the le�e� unit in conneCtio�with this project shall have a financial or other personal
interest,other than his employment or ret:-:: �on by the local unit,in any contract or subcontract in connection with this
project. No officer or employee of such�erson retained by the local unit sha11 have any financial or other personal interest
in any real property acquired for this vr�;:ct unless such iMerest is openly disclosed upon the public records of the State,
a�d the officer,employee or person has ^c. :rarticipated i�the acquisition for or on behalf of the local unit.
3. No member of the Legislature shall b•� aflowed any share or part of this agreement,or any benefit to arise hereupon,
unless such benefit shall be in the form r�f an agreement mede with a corporation for its general benefit.
4. The local unit shall be responsible for the enforcement of these conflict of interest provisions.
G. RETENTION AND CUSTODIAL REQUIREMENTS FOR RECOROS
1. Financial records,supporting documents,atatistical roap►ds,and all other records pertinent to this grant shall be retained
for a period of three years,commencing with the date of submission of the final expenditure report,with the following
qualifications:
Page 3 of 6 Pages
a. The records shall be retained beyond the three•year period when audit findings have not been resolved.
b. Records for nonexpendable property that was acquired with State grant funds shall be retained for three years after
its final disposition.
2. The Director or General Accounting Office or any duly authorized representatives, shall have access to any books,
documents,papers,and records of the State and local units and their subgrantees which are pertinent to a specific project
for the purpose of making audit,examination,excerpts and tra�scripts.
_ 3. The local unit may use any generally accepted account system that meets minimum requirements set forth in the final
expenditure report to the State.
H. USE OF FACILITIES
1. The local unit shall provide suitable public acknowledgment on the project site of the use of state funds.
2. The loql unit shall not at any time convert any property developed pursuant to this agreement to uses other than the
publfc outdoor re�reation uses specified in the project proposal attached, hereto, without the prior written appro�ral
of the Director.
3. The local unit shall operate and maintain, or cause to be operated and maintained,the property or facilities developed
pursuant to this agreement, in accordance with the requirements of the rules.Sanitation and sanitary facilities shall be
maintained in accordance with the applicable public health standards.Aroperties shall be kept reasonably safe for public
use. Fire prevention and similar supervision shall be provided to the extent possible. Fences,surfaces, lights,supporting
structures, and improvements shall be kept i� reasonable repair throughout their estimated lifetime to pre�nt undue
deterioration and to encourage use of the project.
4„ The local unit shall keep the facility open to the general public at reasonable hours and at times ot the year consistenL
with the type of facility.
I. COMPLIANCE
The local urrit shall be responsible for compliance with this agreement by any political subdivision or public agency to which
funds are transferred pursuant to this agreement. Failure by the political stibdivision or public agency to comply shall be
deemed a failure by the lopl unit to comply with this agreement.
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J. SPECIAL PROVISIONS
The following special project terms and conditions were added to this agreement before it was signed by the parties hereto:
Any project with an estimated total cost of more than $25,000 (or$2,500 if only one trade or occupation is involved)
must comply with Minn. Stat. 177.42-44 which is commonly known as the Little Oavis-Bacon Act. To facilitate
compliance pursuant to the Statute wape determinations were prepared for different trades for each county from which
Labor for said project would be secured. It is the stated public policy of Minn. Stat. 177.42 as follows: "It is in the �
public interest that public buildings and other public works be constructed and maintained by the best means and
highest quality of labor reasonably available, and that persons working on public works be compensated according to
the real value of the services they perform. It is therefore declared to be the public policy of this State that wages of
laboren, workmen, and mechanics engeged in State projects should be comperable to wages paid for similar work in
� the community as a whole."
The Stste will not be liable for increased Iabor cost, erroro in the rates or classifications or chenges to seme prior to
the awarding of contracts.
Infom�ation pertaining to the prevailing wage retes. Prevailing hours of labor and hourly basic rates may be obtained
from the Min�esota Uepertrt�ent of Labor and Industry, Said yvage rates must be posted in at least one conspicuous
place for the employees worki�g on the project. Failu►e to comply with the provisions of the act may subject
individuals to comriction of a misdemesner.
This agresment shall be binding on the State and local unit,and the persons whose signatures appear hereon,as
�authorized by statute and re�lution ta sign this agreement ia behalf of the aforesaid local unit. In witness whereof,
ihe parties hereto have executed this agreement as of the date entered below,
APPROVED: STATE OF MINNESOTA
.�
COMMISSIONER OF ADMINISTRATION STATE PLANNING AGENCY •
By By
DIRECTOR, OFFICE OF LOCAL& URBAN AFFAIRS
Title Date
ATTORNEY GENEBAL LOCAL UNIT
STATE OF MINNESOTA
For
B� N M L LU I
By
Title • MAYOR OR CHAIRMAN(NAME&TITLE)
Approved as to form and execution ihis Date
day of By
CLERK OR AUDITaR (NAME&T1TlE)
19
Date
DEPARTMENT OF FINANCE
Not Encumbe�ed
BY SEAL AFFIXED
Date
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For Development Project Only:
PRECONSTRUCTION CERTIFICATION
"I hereby certify that construction plans and specifications to be used in oonjunction with .
shall meet all applicable State and Local codes and current engineering practices; shall meet the requirements and �
standards of the Minnesota Department of Health; that health, safety, durability, and economy shall receive
oon6ideration consistent with the scope and objectives of the project; that the design shall_be conscientiously
�prepared;and the surface area and foundations are suitable for soil and climate oonditioris at the site;that the
proposed development shall be in a suitable environment and shall not unduly detract from the aesthetic value of
the area;and that erovisions shall be made to insure adequate supervision by.competent personnel." _ . _ _
_ , . . . . ._. , .::,_ .
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By . . � .� _ ' . : . �.' < ' - : : -
SIGNATURE LOCAL UNIT'S ENGINEER OR ARCHfTECT
NAME DATE
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SP�d207 5-07
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