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268948 WNITE - CITV CLERK PINK - FINANCE G I TY F SA I NT PA iT L Council ������ . CANARV - DEPARTMENT 1 BLUE - MAVOR File NO. cil Resolution _ Presented By Referred To Committee: Date Out of Committee By Dafe RESOLVED, that the Council of the City of �aint Paul does hereby approve and accept grant agreement from the State of Minnesota, State Planning Agency, for the develop- ment of Arlington-Arkwright Park, the grant agreement pro- viding the City with the sum of $67,000.00 and requiring that the City provide a ma.tch in the sum of $67,000.00; and the proper City officers are hereby authorized and directed to execute the grant agreement on behalf of the City COUNC[LMEN � Requested by Department of: Yeas Nays Butler J Hozza In Favor � � Levine _ Against Roedler Sylvester �� � �APR 2�6 1977 Form Approved b Ci Att ney Adopted by Council: Date Certified Pass Coun etary BY % � � By . •� APR 2�g �g77 Appr e by Mayo for Sub s n to Council Appr v d by ;Vlayor: te — By BY PUBLISf��� MAY ? 197T STATE OF MINNESOTA n�;c � STATE PLANNING AGENCY � ��[P��f�?�� OFFICE OF LOCAL AND URBAN AFFAIRS �• LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT City of St. Paul 27-00833 Local Unit of Government Project Number Arlington-Arkwright Park ' Ramsey Project Titie County Date of approval through 12/31/79 Period Covered by this Agreement PROJECT SCOPE: The City of St. Paul will develop outdoor recreation facilities, construction of a parking lot, tennis court, basketball court, trails, picnic equipment, playground equipment and landscaping. Preagreement costs incurred from Sept. 1 , 1976 to date of project approval in arr�unt not to exceed $11 ,260 shall be allowable under this agreement. Stage�oveeedPby0�2CA9reement ro�ect ost The following attachments are hereby 134��0�.�0 �ncorporated into this agreement: Estimated Total Cost $ 1. Project Proposal Fund Amount• $ � 2. 3. � •Fund amount: This is the maxrmum amount of federa/funds that shall be provided on ihe project. The State of Minnesota, by its delegated official, the State Planning Agency, Office of Local and Urban Affai�s, (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 the Land and Water Conservation Fund Act of 1965 (78 Stat.897) and subsequent amendments,the Regulations of the Bureau of Outdoor Recreation and the following items,promises,and«�nditions,that are part of this agreement: The following terms as used herein shall have the following definitions: 1. "BOR" means the Bureau of Outdoor Recreation, United States Department of Interior,which administers the Land and Water Conservation Fund Act. � .<.�. 2. "Commissioner" means the Commissioner of the Department of Natyra'�Resources,State of Minnesota,or any representative lawfully delegated the authority to act for said Commissioner. The Commissioner is the state liaison official for the Land and Water Conservation Fund Act. 3. "Director" means Director of the Office of Local and Urban Affairs, or any representative lawfully delegated the authority to act for said Director. 4. "Federal Funds" means those monies made available by the United States of America for projects under the Land and Water Conservation Fund Act of 1965, (78 Stat.8971. Page 1 of 7 Pages � ����8 5. "LAWCON" means the program established by the Act of Congress entitled Land and Water,Conservation Fund Act of 1965, (as amended 78 Stat.897) that provides grants for outdoor recreation projects. 6. "Loca� Unit" means the political subdivision of the State of Minnesota that is the applicant-recipieni of the grant, in accordance with this agreement. 7. "Manual" means the Bureau of Outdoor Recreation's Grants-in-Aid Manual. 8. "Project" means the planned undertaking for outdoor recreation that is the subject of this agreement. 9. "Regional Director" means the Director of the Bureau of Outdoor Recreation, or any representative lawfully delegated the authority to act for said Regional Director. 10. "State" means the State of Minnesota, the Office of Local and Urban Affairs of the State Planning Agency, which administers the LAWCON program for the State of Minnesota. A. GENERAL PROVISIONS . 1. The State hereby agrees, in consideration of the promises made by the local unit herein, to accept funds from the United States and to reimburse the local unit for the United States'share of the project stage,as approved by the Regional Director. This agreement shall not obligate the State for any of the project costs described herein, except the monies received from the United States for reimbursements of project work completed by the local unit.The State shall not be held liable for costs incurred by the local unit which are determined to be nonreimbursable by the BOR. Costs shall not be reimbursed without written proof that the funds have been paid. 2. The local unit hereby agrees, in consideration of the promises made by the State herein, to execute the project stage herein described in accordance with the terms of this agreement. tt is hereby understood that the local unit has reviewed the attached BOR forms and the attachments thereto and has found them acceptable. 3. The local unit further agrees that in the event the project or any part of the project shall be ruled to be nonreimbursable, any federal monies already paid under this agreement by the State,shall be repaid upon ttie demand of BOR to the State for repayment to the United States. 4. It is agreed by the parties hereto that when federal funds a�e not available for the project within one year of the date of this agreement,this agreement shall 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 local unit on any projects until the lacal unit complies with this provision. 6. In the event that the local unit defaults on the project, the State may maintain the project and shalf be authorized to charge the local unit for the cost of maintenance.Such costs of maintenance shall constitute � a debt due and owing to the State. 7. The local unit shall obtain the Secretary of the Interior's written approJ�l before a�y change is made on the project from the original recreational purpose or jurisdictional control.�� ; � B. PROJECT APPLICATION � 1. The application for Federel funds(for Construction Program�beari�g the same project number as this agreement is hereby made a part of this agreement. 2. The State shall transfer to the local unit aIl funds granted hereunder except for any State indirect�st rate that is specified in the proposal. C. PROJECT EXECUTION 1. The project period shalf begin on the date of approval of this agreement by the Regional Director and shall terminate 3 years from that date unless the project is completed or terminated woner, in which event the project period shall end on the date of completion or termination. Page 2 of 7 Pages . . ������(�� 2. The lopl unit shall execute and complete the project in accordance with the time schedule set forth in the project proposal. Failure to render satisfactory progress or to complete this or any other project under the LAWCON program to the satisfaction of the Commissioner, Director,or Regional Director may be cause for the suspension of all obligations of the United States and the State under this agreement. � 3. Construction contracted for by the local unit shall meet the following requirements: (a) Contracts for construction in excess of $2,500 shall be awarded through a process of competitive bidding. One (1) oopy of all bids and one (1) copy of the contract shall be submitted to the Director after BOR approval of this � agreement. (b) The local unit shall inform all bidders on contracts for construction in excess of$2,500 that Federal funds are being used in the construction. (c) Written change orden to contracts for construction in excess of$2,500 shall be issued for sll necessary changes in the facility.The orders shall be made a part of the project fite and shall be kept aveilable for audit upon request for three years after completion of the project.One(1) �py of the order shall be submitted to the Director. (d) The local unit shall incorporate,or cause to be incorporated,into all construction contracts the following provisions: "During the performance of this contract,the contractor agrees as follows: "11) The contractor shall not discriminate against any employee or applicant for employment because of race,creed, color,or natio�al origin.The contractor shall take affirmative action to insure that applipnts are employed,and that . employees are treated during employment,without regard to their race, creed,oolor,or national origin.Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising;layoff or termination;rates of pay or other forms of compensation;and selection for training, including apprenticeship.The contractor shall post in conspicuous places,available to employees and applicants for employment,notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination dause as provided by Minnesota and Federal statutes. "12) The contractor shall in all solicitations or advertisements for employees placed by or on behalf of the oontractor,state that all qualified applicants shall receive consideration for employment without regard to race,creed, oolor,or national origin. "(3) The oontractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,a notice,to be provided by the age�cy co�tracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. "(41 The contractor shall comply with all provisions of Executive Order No. 11246 of September 24,1965,and of the rules,regulations,and relevant orders of the Secretary of Labor. "15) The contractor shall furnish all information and reports required by Executive Order No. 11246 of September •24, 1965,and by the rules,regulations, and orders of the Secretary of Labor,or pursuant thereto, and shall permit acceu to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and orders. "16) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations,or orders,this contract may be cancelled,terminated,or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized i� Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of Septembe► 24, 1965,or by rule,regulations,or order of the Secretary of Labor,or as otherwise provided by law. "(7) The contractor shall include the provisions of paragraphs(11 through(7) in every subcontract or purchase order unless exempted by rule"s, regulations, or orders, of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24,1965,so that such provisions shall be binding upon each subcontractor or vendor.The contractor shall take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for no�c:ompliance: Provided, however,that in the event the contractor becomes involved in,or is threate�ed with,litigatio�with a subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the U�ited States to enter into such litigation to protect the interests of the United States." � .�.� (e) The local unit shall (1) comply with the above provisions in construc�+o�work carried out by itself, (2) assist and cooperate actively with the BOR and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the above contract provisions and with the rules,regulations,and relevant orders of the Secretary of Labor, 13) obtain and furnish to the BOR and to the Seaetary of labor such information as they may require for the supervision of such compliance, (4) enforce the obligation of contractors and subcontractors under such provisions, rules, regulations, and orders, (5) carry out sanctions and pe�alties for violation of such obligations imposed upon contractors and subcontractors by the Secretary of Labor or the BOR pursuant to Part I1,Subpart D, of Executive Order No. 11246 of September 24, 1965, and (6) refrain from entering into any contract with a aontractor debarred from Government contracts under Part I1, Subpart D, of Executive Order No. 11246 of September 24,1965. 4. The local unit shall secure oompletion of the work in accordance with the approved construction plans and specifications, and shall secure compliance with all applicable Federal,State,and local laws and regulations. Page 3 of 7 Pages 5. The local unit shall permit periodic site visits by the Regional Director and by the Director to iqsure work progress in accordance with the approved project,including a final inspection upon project mmpletion. 6. In the eve�t 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 local unit,the Director,and the Regional Director. 7. Prior to any major changes from the project proposal,the recommended change shall be submitted to the Director,who shall transmit the recommendation to the Regional Director for approval. , 8. Development plans and specifications shall be availabte for review by the Director upon request. 9. The local unit shall comply with the terms of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,84 Stat. 1894 (1970),and the applicable regulations and procedures implementing such Act and Minn,Stat. Sect. 117.50 et seq.,relati�g to eminent domain and uniform relocation assista�ce. 10. 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 or Regional Director to be unsuitable for Federal funds,aIl obligations of the United States hereunder shall cease as to the parcel,tract or interest. D. PROJECT COSTS 1. Project costs eligible for assistance shall be determi�ed upon the basis of the criteria set forth in the Manual and OMB Circular No.A-87. 2. This agreement shall include the use of the indirect �st rate, if any, currently approved by the Office Audit and Investigations,Department of the Interior,in accordance with�MB Circular No.A$7,for the loca�unit. 3. All program income earned during the project period shall be retained by the local unit and shall be deducted from the total project costs to determine the net costs on which the BOR's share of costs shall be based.In addition,on acquisition projeMS, all additional program income earned after the project period has expired, but before the project haa been developed for public outdoor recreation purposes,shall be deducted from the total project�sts of other active projects to determine the net costs on which the BOR's share of costs of the project shall be ba�d.(For the purpose of thia clause,the term "program income" shall mean any income received by the grantee from the sale,rental,lease,or other disposition of any of the project assets,and shall not include entrance fees and other charges customarily collected from recreation users of the site,) E. PROJECT ADMINISTRATION 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 available for inspection by the Director or Regional Director upon request. 3. Any monies advanced to the local unit are"public monies"(owned by the Federal Government)and shall be deposited in a bank with FDIC insurance coverage and the balances exceeding the FDIC coverage shal� be collaterally secured as provided for in 12 U.S.C.265. 4. The local u�it shall use any funds received by way of advance payment from the United States under the terms of this agreement solely for the project or project stage described herein. 5. Because one of the basic objectives of the LAWCON program is to enhance and increase the nation's outdoor recreation resources,the local units shall use the Federal funds granted hereunder consistent with those objectives.These funds shall result in a net increase in a local unit's outdoor recreation program,at least commensurate with the Federat cost sha►e,and shall not be used as a replacement or substitution of a locat unit's outdoor recreation funds. F. PROJECT TERMINATION 1. A project shall commence 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 locel unit to comply with this agreement or any similar agreement may be cause for the suspension of all obligations of the United States or State hereunder.However,such failure to complY with thia agreement shall not be cause for the suspension of all of these obligations when, in the judgment of the Regio�8�Director and Director,the failure was not due to the fault of the local unit. In such case,the minimum costs of any irrevocable obligations propeny incurred shall be eligible for fu�ds under this agreement. � \ � 3. It shall be reoognized that the benefit to be derived by the United States from the full compliance by the local unit with the terms of this agreeme�t is the preservation, protection, and the net increase in the quantity and quality of public outdoor recreation facilities a�d resources which are available to the people of the State and of the United States.Because repayment by the local unit to the State of the funds extended under this agreement would inadequately compensate the United States for any breach of this agreement by the local unit,the local unit agrees that the appropriate remedy for a breach of this agreement by the local unit shall be the specific performance of this agreement. G. CONFLICT OF INTERESTS 1. No officisl 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 contract or subcontract in connection with this project shall have any Page 4 of 7 Pages financial or other personal interest in any such contract or subcontract. . M1����� 2. No person performing services for the local unit in connection with this project shall have a financiat or other personal interest other tha� his employment or retention by the {ocal u�it, in any contract or subcontract in connection with this project. No officer or employee of such person retained by the local unit shall have any financial or other personal interest in any real property aoquired for this project unless such interest is openly disclosed upon the public records of the State, and the officer,employee or person has�ot participated in the acquisition for or on behalf of the State or the local unit. 3. No member of or delegate to Congress shall be allowed any share or part of this agreement,or to any benefit to arise hereupon,unless such benefit shall be in the form of an agreement made with a corporation for its general benefit. 4. The State and lopl unit shall be responsible for the enforcement of these conflict of interest provisio�s. H. HATCH ACT • No officer or employee of the State or Lopl unit whose principal employment is connected to any activity which is financed in whole or in part by this agreement shell take part in any of the political activity proscribed in the Hatch Political Activity Act,5 U.S.C.Sec.118k(19641,with the exceptions therein enumerated. 1. RETENTION AND CUSTODIAL REQUIREMENTS FOR RECORDS 1. Financial records,supporting documents,statistical records,and alt other records pertinent to this grant shall be retained for a period of three years,with the following qualifications: � (a) The records shall be retained beyond the three-year period when audit findings have not been resolved. (b) Records for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. 2. The retention period shall commence on the date of the submission of the final expenditure report. 3. State and lopl units shall be authorized to substitute miaofilm copies in lieu of original records. 4. The Seaetary of the I�terior and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the State and local unita and their subgrantees which are pertinent to a specific project for the purpose of making audit, examination, excerpts and transcripts. 5. The local unit may use any generally accepted account system that meets minimum requirements set forth in the Manual. J. USE OF FACILITIES 1. The local unit shall provide suitable public acknowledgement of the use of LAWCON funds on the project site. - 2. The local unit shall not at any time co�vert a�y property acquired or developPd pursuant to this agreement to uses other than�the public outdoor recreation uses specified in the project proposal attached, hereto, without the prior written � approvel of the Director or Regional Director. 3. The local unit shall operate and maintain or cause to be operated and maintained,the property or facilities acquired or developed pursuant to this agreement,in accordance with the requirements of the Manual.Sanitation and sanitary facilities shall be maintained in ac�rdance with the applicable state and local 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 shatl be kept in reasonable repair throughout their estimated lifetime to prevent 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 of the year consistent with the type of facility. K. NONDISCRIMINATION . 1. The locel unit shall comply with Title V I of the Civil R ights Act of 1964 IP.L.88-352)and in accordance with Title VI of that Act, no person in the United States shall, on the grounds of race, color, or National origin, be excluded from participation in,be denied the benefits of,or be otherwise subjeMed to discriminatiop in the use of any property or facility acquired or developed pursuant to this agreement. The local unit shall immed��ely take any measures necessary to effectuate this provision. This assurance shall be binding on the State or any po'}ipt subdivision or other appropriate public agency to which fund assistance or property acquired or developed with f�fnd assistance has been transferred for the period during which the area or facility is used for public outdoor recreation purpOses. 2. The local unit shall comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) prohibiting employment discrimination where(1) the primary purpose of a grant shall be to provide employment or(2)discriminatory employment practices shall result in unequal treatment of persons who are or should be benefiting from the grantaided activity. 3. The local unit shall comply with the regulations promulgated pursuant to the Civil Rights Act of 1964 by the Secretary of the Interior,43 C.F.R.17. 4. The local unit shall not discriminate against any person on the basis of residence,except to the exte�t that reasonable differences in admission or other fees may be based on residence. Page 5 of 7 Pages K. COMPLIANCE � The local unit shall be responsible for compliance with this agreement by any political subdivision or public agency to which funds are transferred pursuant to this agreeme�t. Failure by the political subdivision or public agency to comply shall be deemed a failure by the local unit to comply with this agreement. M. MANUAL , The local unit shall comply with the policies and procedures set forth in the Bureau of Outdoor Recreation Manual.Said Manual is hereby incorporated into and made a part of this agreement. N. SPECIAL PROVISIONS . The following special project terms and conditions were added to this agreement before it was signed by the parties hereto: This agreement shall be binding on the State and the 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 wiiness whereof,the parties hereto have executed this agreement as of the date entered below. APPROVED: _ STATE OF MINNES T COMMISSIONER OF ADMINISTRATION ST E ANNI CY By Bv D R CT ,OFFI OF� lj{.�R�,�4N AFFAIRS / '�� ' I Title Date ATTORNEY GENERAL LOCAL UNIT OF GOVERNMENT STATE OF MINNESOTA For CITY,VILLAGE,OR COUNTY By Title BY App(OVBCI 85 t0 fOf�Yl 8f1C�@X6CUtl0�1 tI11S. MAYOR OR CHAIRMAN(NAME AND TITLE) Date day of ����� ; \ �9 . By Cy� T.�i�.f�LA,NI�C.AiJ D 4T Director�- �inance and �anagement Date STATE AUDITOR Not Encumbered .. SEAL AFF1�� A PRO D' BY � � Date A,sSrt���C�it lAt rc�e � Page 6 of 7 Pages � For Development Project Only: . �' {� . "t�'�:�'l�� PRECONSTRUCTION CERTIFICATION "I hereby certify that construction plans and specifications to be used in conjunction with LW27-00 shall meet all applicable Federal,State and Local codes and current engineering practices; shall meet the requiremenu and standards of 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 esthetic value of the�rea;and that provisions shall be made to insure adequate supervision by competent personnel." BY SIGNATURE COUNTY/MUNICIPAL ENGINEER OR ARCHITECT NAME DATE \ .�.�. ; � i S.P.A.-O.L.U.A.OR3(4-74► Page 7 of 7 Pages Y _ � oM oZ: z2ll9�s . Rsv. : (� 76 --- — EXF1�iNATIpN OP' ADMII�'ISTRATIVE ORDERS, �1/; . _ OLUTI'ONS AND ORDINANCES Date: �►Prii 1�, I177 . ; ; Tp: MAYOR GEORGE LATIMER • �: Thomas J. Ke11' . RE: Cauaail ��olutivn app.rciirin� soaaptsna� from Stst� Pl�unning A�y � of $67,000 g�ant ; � � � � � ; ACTION REQUESTED: . . � ���Ittuz# on Cvunoil �olution � • � - ¢ � � � � � � � � � � ' � � �<i } . � PURPOSE AND RATIONALE FOR THSS AC'rION: D�v�lopurent of Axlingte�a-Arl�wright park - `, ; .. , � � ; . j ; 3 � � � ��a . . ; � � � � � i ATTACffi2ENTS c ' ; � Oouncii 8bolu�ion I �oP9 of A�r+e�ec�t � . � � j i