268947 WH17E - CITV CLERK �j���C��
PINK - FINANCE COUIICII F�� �J � �
BLUERV - MAVORTMENT GIT OF SAINT PALTL File NO.
�ncil Resolution
Presented B
Referred To Committee: Date
Out of Committee By Date
WHEREAS, the City Council by Resolution 268390, adopted
January 11, 1977, authorized the application to the office of
Local and Urban Affairs of the State Planning Agency for a
grant of funds to assist the City in the development of the
Sackett Recreation Center and the said application has now been
approved and is submitted to the City Council for approval; now,
therefore, be it
RESOLVED, that the Council of the City of Saint Paul does
hereby approve and accept the grant from the State of Minnesota,
State Planning Agency for the development of Sackett Playground,
the state' s share to be in the amount of $25,000.00 with a
matching contribution by the City in the amount of $25,000.00
and the proper City officers are hereby authorized and directed
to execute the grant on behalf of the City of Saint Paul.
COU[VCILMEIV
Yeas Nays / Requested by Department o •
Butler J
Hozza [n Favor r
�n4- �
Levine __ Against
Rcedler
Sylvester
�� 'Z;6 �9�� Form Approve by ity t rney
Adopted by Cou . Date AP�
Certifie assed ectetary BY
Appro e by Mayor: Dat
. � R 2;g �9� Appr e Mayor for Su s or�.'to Council
By BY
PUBLISHE� ��AY `7 1977
� STATE OF MINNESOTA
STATE PLANNING AGENCY �
OFFICE OF LOCAL AND URBAN AFFAIRS �� � ,F,a�����
STATE NATURAL RESOURCES FUND PROJECT AGREEMENT
City of St. Paul NR 77-16 �
Local Unit of Government Project Number
Sackett Playground - Ramsey
Project Title County
Date of approval through 12/31/79
Period Covered by this Agreement
PROJECT SCOPE:
The City of St. Paul will construct a parking area, paved walkways, granding
and drainage, fencing and planting.
Entire Project
Stage Covered by th�s Agreement
Project Cost
The followi�attachments are hereby
50 000.00 incorporated into this agreement:
Total Cost $ � 1. Grant Application(OR-1)
Fund Support % 2.
Fund Amount• $ � g, "
�Fund Amount:This is the maximum amount of state funds ihai ahal/be provided on the project.
The State of Minnesota, by its delegated official, the State Planning Agency, Office of Local and Urban Affairs,
(hereinafter referred to as "State") and
. The City of St. Paul
(hereinafter referred to as "local uniY') mutually agree to perform this agreement in accordance with Minn. Laws
Chap. 810 (1965); Minn. Laws, Chap. 867 (1967); Minn. Laws, Chap. 1139 (1969); Minn. Laws, Chap. 3 (Extra
Session 1971?; Min�. Laws, Chap. 720 (1973) and subsequent laws, rules, regulations, and guidelines of the State
Wanning Agency.
The following terms as used herein shall have the following definitions:
1. "Direcior" means Director of the Office of Local and Urban Affairs,or any representative lawfully delegated
, the authority to act for said Director. �
.�.i
2. "Funds"means those moneys made available by the State under the State I�latural Resources Fund.
3. "Guidetines"means the Natural Resources Fund Grants-in-Aid Guidelines.
4. "Local Unit" means the {�olitical 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 Natural Resources Fund program for the State of Minnesota.
Page 1 of 6 Pages
� ' 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 local 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
agreement. It is hereby understood that the local unit has reviewed any attached State forms and the
attachments thereto and has found�them acceptable.
3. The local unit further agrees that in the event that the project or any part of the project shall be determined
by the State to be nonreimbursable, any State moneys already paid under this agreement by the State shall
be repaid upon the demand of the State. �
4. When atate funds are not available for the project within one year of the date of this agreement, this
agreement shalt be null and void.
5. When the local unit fails to provide the maintenance required under this agreement,the State may withhold
current or future payments to the iocal unit on any projects until the local unit complies with this
provision.
6. In the event that the local unit defaults on the project, the State may maintain the project and shall be
authorized to charge the local unit for the cost of maintenanoe.Such costs of maintenanoe shall constitute
a debt due and owing to the State.
7. The local unit shal{ obtain the Director's written approval before any change is made on the project from
the original recreational purpose or jurisdictional control.
B. PROJECT EXECUTION
1. The project period shall begin on the date of approvat of this agreemant by the Direetw and shatl terminste 2 yesrs from
that date unless the project is extended or completed or terminated at an eartier dste,in which event the project period
ahsll end on the date of complecion or terminetion. �
2. Tfie tocsl unit shall complete the proJect in acoordanoe with the time schedule set forth in the projecc propoml.Failure to
ronder setisfactory progress or to complete this or any othe► project under the State Natural Retourcea Fund Propram to
the astisfsction of the Director may be cause for the suspen:ion of all obtigations of the State u�der this agreement.
3. Construction oontrocted for by the local unit for the purposes of this grsnt shell mest the following requirements:
a. Contracts for construction in exoess of 55,000 shall be awarded through a procesc of oompetitive bidding.One 111
aopy of all bids and one(1) capy of the oontract ahall be submitted to the Director after approval of thia agreement.
b. The local unit shall inform all bidders on oontracts for oonrnuction in exoest of a5,000 that State funds a►e beirg
used in the co�struction.
c. Written change orders to contracta for oonstruction in excess of$5,000 shall be issued for all neoessary chanpes in the
fecility.The orders ahall be msde a part of the project file and ahatl be kept available for audits for three yesn after
aompletion of the project.Ona(1)aopy of the order shell ba submitted to the Director.
d. The oonuacton'bonds p►ovisions of Minn.Stet.Sect.5�4.26(1971)as amended;
e. The hum�rights provisions of Minn.Stat.�;hap.363(19�1)as amended; �
�{
f. The a�tidisaiminstion provisions of Minn. Stat. Sect. 181.59 11971),aslamended and other applic�le Iaws and
regulations;
g. The competitive bid provisions of Minn.Stat.Sect.471.345-471.3611971),as am�ded;
h. The local unit shall inoorporate or ceuse to be inoorporated into alt aonstruction controcts,a proviaio� thst the
oontractor shall hold the State of Minnesota,offioers and employees of the State of Minnesota harmless from any
liability with respect to daima for damages as a result of bodily injury,sidcness,disease,death or property damage
►eaulting from oontractor's operatio�s on the project,
4. Devebpment plans and specifications shall be available for review by the Director upon request.The local unit shall permit
periodic site visits by the Directo� to insure work progress in axordanoe with the approved project, including a final
Page 2 of 6 Pages
� ' inspection u��on project completion.
5. The local unit shall secure completion of the project in accordance with the approved co�struction plans and
specifications, and shall secure compliance with ail appiicable State and local laws and regulations•. The local unit shall
comply with the terms of the Minn. Stat. Sect. 117,50 et seq., (Sy{�p. 1973) relating to eminent domain and uniform
relocation assistance.
6. In the event funds shall not be available for future sta9es of the project,the local unit shall bring the project to a point of
usetulness agreed upon by the lopl unit and the Director.
7. Prior to any major change from the project proposal,the recommended change shatl be submitted to the Director.
8. When any tract or parcel of, or interest in, real property subject to purchase under this agreement, but not identified
herein,shall be found by the Director.to be unsuitable for State funds,all obligations of the State hereunder shall c�ase as
to the parcel,tract or interest.
C. PROJECT COSTS
1. Project wsts eligible for assistance shall be determined upo�the basis of the criteria set forth in the guidelines.
2. All program inoome earned during the project period shall be retained by the lopl unit and shall be deducted from the
total project costs to determine the net costs on which the State's share of costs shall be based.In addition,on acquisition
projects, all additional program income earned after the project period has expired, but before the project has been
developed for public outdoor recreation purposes,shall be deducted from the total project costs of other active projects to
determine the net costs on which the State's share of oosts of the project shall be based. (For the purpose of this clause;
the term "program inoome" shall mean any income received by the local unit from the sale, rental, tease, or other
disposition of a�y of the project assets,and shall not include entrance fees and other charges custom�ily collected from
rec►eation users of the site.)
D. PROJECTADMINISTRATION
1. The local unit shall promptly submit any reports that the Director may request.
2. Property and facilities acquired or developed pursuant to this agreement shall be availabte for inspection by the Director
upon request.
3. Any moneys advanced to the lopl unit are "public moneys" (owned by the State) and shall be deposited in a ba�k with
FDIC insurance coverage; the balances exceeding the FDIC aove�age shall be collaterally secured as provided for in 12
U.S.C.265,
4. The locat unit shall use any funds received by way of advance payment from the State under the terms of this agreement
solely for the project or project stage described herein.
5. Because one of the basic objectives of the State Natural Resources Fund program is to enhance and increase the State
outdoor recreation resources,the local unit shall use the State funds granted hereunder consistent with those objectives.
These funds shall result in a net increase in a local uniYs outdoor recreation program,at least commensurate with the State
cost share,and shall not be u�d as a replacement or substitut�on of a local uniYs outdoor recreation funds.
E. PROJECT TERMINATtON
1. A project shall oommence when the local unit makes any expenditure or incurs any obligation with respect to the project.
The local unit may unilaterally rescind this agreement at any time prior to the commencement of the project.After project
commencement,this agreement may be rescinded,modified,or amended only by mutual agreement.
2. Failure by the local unit to oomply 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
suspe�sio� of all of these obligations when,in the judgment of the Director the failure was not due to the fautt of the local
unit. In such case,the minimum costs of any irrevocable 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 publia outdoor
recreation facilities and resources which are available to the people of the State.Because repayment by the local unit to the
State of the funds extended under this agreement would inadequately comRensate the State for any breach of this
agreement by the local unit,the local unit agrees that the appropriate remady fqr a breach of this agreement by the local
unit shall be the specific performance of this agreement. •�
r �
F. CONFLICT OF INTERESTS
1. No official or employee of the local unit who shall be authorized.in his official capacity to negotiate, make,accept,or
approve, or to take part in decisions regarding a oontract or subcontract in connection with this project shall have any
financial or other personal interest in any such oo�tract or subcontract.
2. No per�n performing services for the lopl unit in connection with this project shall have a financial or other personal
interest,other than his employment or retention by the Iopl unit,in any oontract or subcontract in connection with this
project. No officer or employee of such person retained by the locat unit shell have any financial or other personal interest
in any real property aaquired for this project unless such interest in openly disclosed upon the public records of the State,
and the officer,employee or person has not participated in the acquisition for or on behalf of the lopl unit.
Page 3 of 6 Pages
� ' . 3. No member oi the Leg�slat ure shall be allowed any share or part of this agreement,or any benefit to arise hereupon,unlesa
such benefit shall be�n the(orm of an agreement made with a corporation for its general benefit.
4. Tlie locat unit shall be responsible tor the enforcement of these conflict of interest provisions. • „
G. RETENTION AND CUSTODIAL REQUIREMENTS FOR RECORDS
7. Financial records, supporting documents, statistical records,and all other records pertinent to this grant shall be retained
for a ��eriod of three years, commencing with the date of submission of the final expenditure report,with the following
qualifications: �
a. The records shall be retained beyond the three-year period when audit findi�gs 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 Acxounting 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 apecific project
for the purpose ot making audit,examination,exoerpts and transcripts.
3. The local unit may use any generally accepted acoount system that meets minimum requirements set forth in the
guidelines.
H. USE OF FACILITIES
1. The lopl unit shatl provide suitable public ack�owledgement on the project site of the use of state funds. .
2. The local unit shall not at any time convert any property acquired or developed pursuant to this agreement to uses other
than the public outdoor recreation uses specified in the project proposal attached, hereto, without the prior written
approval of tha Director.
3. The local unit shall operate and maintain,or cause to be operated and maintained,the property or facilities aoquired or
developed pursuant to this agreement, in accordence with the requirements of the guidelines. Sanitation and sanitary
facilities shall be maintained in accordanoe with the applicable public health standards.Properties shall be kept reasonably
safe for public use. Fire prevention,lifeguards,and similar supervision shall be provided to the extent possible.Buildings,
roads,trails,and other structures and improvements shall be kept in reasonabte repair throughout their estimated lifetime
to prevent undue deterioration and to encourage use of the project.
4. The lopl unit sha11 keep the facility open to the general public at reasonable hours and at times of the year oonsistent with
the type of facility.
1. COMPLIANCE
The locat unit shall be responsible for oompliance with this agreement by any political subdivision or public agency to which
funda are transferred pursuant to this agreement. Failure by the political subdivision or public agency to oomply shall be �
deemed a failure by the locat unit to comply with this agreement.
t
,+
� \
Page 4 of 6 Pages
J. SPECIAL PROVISIONS � }^JA
F+•�V���
The following special project terms and conditions were added to this agreement before it was signed by the Parties h�erero�
This agreement shall be binding on the State and local unit, and the persons whose signatures appear hereon, as
authorized by statute and resolution to sign this agreement in behalf of the aforesaid local unit. In witness whereof,
the parties hereto have executed this ag�eement as of the date entered below.
APPROVED: STATE OF MINNESOTA
COMMISSIONER OF ADMINISTRATION STATE PLANNING AGENCY
BY ByDIRECTOR,OFFICE OF LOCAL&URBAN AFFAIRS
rtie oete
ATTORNEY GENERAL LOCAL UNIT
STATE OF MINNESOTA
For
By CITY,VILLAGE,OR COUNTY
Title BY
Approved as�to form and execution this MAYOR OR CHAIRMAN(NAME 6 TITLE)
Date
day of
By
ts �� '�
Date Dir. Finance & Management Services
STATE AUDITOR
Not Encumbered
SEAL AFFIXED VGD'
BY �ORM �AF�P ,
f �
Date p��L e�y A rn�y
�
,�,1
: t
<
Page 5 of 6 Pages
For Development Project Only: , �j�
.. ���J`:��
PRECONSTRUCTION CERTIFICATION
"1 hereby certify that construction plans and specifications to be used in conjunction with
shall meet all applicable State and Local codes and current engineering practices; shall meet the requirements and ,
standards-o# the Minnesota Department of Health; that health, safety, durability, and economy shall receive
consideration consistent with the scope and objectives of the project; that the design shall be conscientiously
prepared; that the proposed development shall be in a suitable environment and shall not unduly detract from the
aesthetic value of the area; and that prwisions shall be made to insure adequate supervision by competent
personnet," �
By
SIGNATURE COUNTY/(NUNICIPAL ENGINEER OR ARCHITECT
.. NAME , OATE
t
i�
r �
S.P.S.-O.L.U.A.OR5 (7-74)
Page 6 of 6 Pages
��' � � t •� • . ' �
`, oM oi: Z?�/197'S
_. ._ _.__�
Rav. s 9j8'/�6 ,
� EXPLANATION OF ADMIN�3TRATISIE ORDEAS,
RE.SOLUTI S, AND ORDxNANCE
� • ���'L��
�
.
Date s April 1�, 1977
Tp: MAYOR GEORGE LATIME ,
P'R: Thoffiaf J. Rwt11 •
gE� Ctoua�il �+tltolutioa apgr�rving �tc�.pt�tnat� fro� �txt� Plaaning A�+�eriay '
. vf $67,000 �r�tt
ACTION RES,UESTED: .
_�.._.._ � .
3ignaturs on �un�il Rasolution
PURPOSE AND RATIONALE FOR TIiIS ACTION:
Da�v+elopm�nt of l�tak�ttt Pl�yground "
ATTAC;HMENTSr .
C,ounail �ilolution
��PY o�` Asraam�nt