269174 WHITE - CITV CLERK � !� �� ��
PINK - FINANCE 4.OUIICII � �
. CANARV - DEPARTMENT GITY. OF� SAINT PAUL File NO. ' ���
BLUE - MAYOR
� C cil Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, That the Council of the City of Saint Paul hereby
authorizes and directs the proper City officials to execute an
amendment to the February 18, 1976, contract between the City of
Saint Paul and the State of Minnesota, Department of Agriculture,
said agreement dealing with grants-in-aid to the City of Saint
Paul in combatting Dutch elm disease; said amendment redefining
causes for termination of the agreement and increasing the total of
the grant.
,
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COU[VCILMEN Requested by Department of:
Yeas Nays �
'�Btttigf
Hozza [n Favor
Hunt
Levine � __ Against BY
Roedler i
Sylvester �
Tedes
�� 2a 1�T1i Form Ap ved by ity tto ey
Adopte Council: Date n±!1— c
Ce ified Pass y Councii ar / BY
� 3 f977 �
App v d by ;Vlayor: a L App ve y Mayor for Submiss' to ouncil
By By
_.,.,� �cu�(1 .1��� 1 � 1977 .
s��E.��»�*art*�r�so�A
, , ��iPART1`tENT OF AGP.ICULTURE
:
CITY OF ST. PRi� �,�'(�'� �<�
�, ._
SUPPLEtiENT TO CONTRACT
SEOU�NCE PJO. 05285
WHEREAS, the State of riinnesota, Departr�ent of Agriculture, has a contract identified
_ _ as Sequence No. 05285 witii the City of St. Paul, to provide Grant-in-Aid funds for the
� purpose of constructing a woodivaste processing faeility, and �
WHEREAS, the City of St. Paul was unable to complete construction of the facility at
the time ori�inally set because the City had to repeat the bidding process for the
project several tir�es to ensure that all competitive bidding requirements were met,
and
WfiEREAS, the City of St. Paul has not yet disclosed the plan for operation af the
facility, the fees to be charged for disposal of wood waste at the facility, the
co�it�nents for wood waste supplies, and �the co�itments for products recovered
from the processed wood waste, and
WHEREAS, Section 4.00 - Termination of Agreement provides:
This a�reement shall terminate and no payment shall ever be made to the
Grantee by the Department in the event that any of the following events
occur:
(a) A failure to execute a joint powers agreement between the -
City of St. Paul and the 1`Iinneapolis Park Board, committing
both parties to the project described in the Grantee's appli-
cation on or before February 1, 1976.
�,
"' (b) A failure to obtain any required governmental permits.
i
(c) A failure to obtain the Departmeat's written approval
of the site selected for the facilitq on or before Februarq
15, 1976.
(d) A failure to obtain the Department's written approval of
the Grantee's plan for operation of the facility on or before
24arch 15, 1976. Plan for operation includes but is not linited
to arrangenents for personnel for the facility.
(e) A failure to obtain the Department's written approval of
specif ications of equipment to be purchased, bidding procedures,
_�: and purchase agreer.�ents on or before Piarch 30, 1976.
Tt►e provisions of this agreement shall remain in effect for a period �
of five years from the date of execution of this agreement, ,
� and,
�,,�..�.._._.__.�.. _..__�.__.�._._ .._.__ ____..__--..
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�yav� �^�a"
�y STATE OF MINNESQTA �?`A'',� ''
,f'.t�d�''�'� .�j��
DEPARTP'IBNT OF AGRICULTURE _
CITY OF ST. PAUL
idHEREAS, Section 6.10 provides:
The Departr�ent agrees to pay the Grantee the sum of up to $230,0OO.OU
provided that any monies paid to the Grantee shall not exceed fifty
percent (50%) of the total incurred costs of tne project funded by
this a�reernent.
NOW, THEREFOR�, IT IS AGP.EED BY AND BETWEEN THE PARTIES HERETO:
That Section 4.00 - Termination of Agreement shall be amended to read:
This agreenent shall terminate and no payment shall be made to the
Grantee by the Department in the event that any of the following events
occur:
(a) A failure to execute a joint powers agreement between the City
of St. Paul and the Minneapolis Park Board, committing both parties
to the project described in the Grantee's application on or before
June 1, 1977.
(b) Failure to obtain required governmental permits. .
(c) A failure to obtain the Departnent's written approval of the
site selected for the facility on or before June 13,1977.
(d) A failure to obtain the Department's written approval on the
Grantee's plan for operation of the facilitq on or before June 1, 1977.
(e) A failure to obtain on or before June 15,1977 the Department�s
written appronal of the fees to be charged for disposing the wood-
, waste at the facility.
(f) A failure to obtain and disclose to the Department the market
coranitr�ents for the chips produced by the facility on or before
June 15, 1977.
(g) A failure to disclose to the Department any corumitnents for
woodwaste supplies on or before June 15,1977.
The provisions of this agreement shall remain in effect for a period
of five years from the date of execution of this agreement,
and, �
That Section 6.1� - shall be amended to read:
6.10 The Departr.►ent a�;rees to pay the Grantee the sum of up to $310,000.00
provided that any monies paid to the Grantee shall not exceed fifty percent
(507) of ttie total incurred costs of the project funded by this agreement.
Pa�e Three
� ' S7'ATE OF MINNESOTA
DEPARTMENT OF �AGRICULTURE �"� -
F ` 1.. � ���
CITY OF ST. PAUL
IN WITNESS WHEREOF, the parties have caused this supplement to be executed
this day of , 1977.
APPROVED:
As to Conformance with Personnel Ru1e 11 CITY OF SAINT PAUL
COMMISSIONER OF PERSONNEL:
By: BY:
`Date• Mayor
As to Conformance with Genaral Program
and Plan Compliance (Minn. Stat. Section Director, Depaxtment of
16.10) Finance and Management
Services
COMMISSIONER OF ADMINISTRA'I�ION
By:
AP VE S O
Date: _ �
As to form and execution by the
ATTORNEY GENERAL- Assistant City Attor ey
By:
Date-
COMMISSIONER OF FINANCE:
ENCUMBERED
DEPARTMENT OF FINANCE
By:
D ate-
MINNESOTA DEPARTMENT OF AGRICULTURE:
By:
Title:
Date:
` ' 1 . • . No. WW 001
�. ' , AareEment
, By and Between the `��!�,',�""�7 �'� °�
,�:� .. .. �� �
Minnesota Department of Agricuiture
• and
� the City of Saint Paul
�
THIS AGREEMENT entered into this �$� day of �,e,���t��f'u , 19�,
between the State of Minnesota through its Department of Agriculture (nereina�ter
_ `>
"the Department"') and the City of Saint Paul (hereinafter "the Grantee°),
WITNESSETH; � �
WI�REAS the Corruaissioner of Agriculture has been authori�ed by Minnesota
Statutes, Sectic,n 18.023, �.ibdivision 3a to make grants-in-aid to eligible muni-
cipalities for purchasa and installation of wood waste processing equipment and.
facilities, and
k�REAS the Grantee ha� made application for such grant-in-aid, and
WHEREAS the Department has determined that the Grantee is eligible and should
receive such grant-in-aid,
NOW, THER�FORE, the Department and the Crantee agree as. folloVrs:
1.00 Incorporation of Depa.rt�rent's Regulati.ons and Grantee's Ap�+lic:ation.
ThQ Grantee's final application for grant-in-aid, and Minnesata Regulations
Agr 101-108 are hereby incorpora.ted into this agreement by reference. The grant
herein made is based on the Grantee's representations and assurances in such
application and the Grantee's promise to comply with such regulations. .
2.00 Procur�:tent of Equipment, Facilities and Other Propezt,v�.
2.10 All specffications, bidding �rocedures, purchase agzeements foz ecuii.�-
ment, facilities, or oth�r property to be p�rchased by the Grantee pursuant to
this grant-in-aid and with a purchase price in e.�cces� of $500.00 shall be subjec�
to tne Department's written approval. �
� 2.20 Equi�xnent, facilities, or other propert�r to b� purchased by the Granl�e
�.
7 � .
and with a purchase price in excess of $500.00 stiall be subject to competitive
' biddfng. -�
e. �t
����
3.00 I}isposition of EquiFenent� Facilities or Other Property. �' �
3.10 Equipment, facilities, or other property purchased or acquixed pur-
suant to t�his agreement shall be used solely for the purposes indicated in the
application and shall become the property of the Grantee S years after the .
execution of this agreement.
3.20 If any such equipinent, facilities or other pzoperty with a fafr
:y
market value in excess of $500.00 are disposed of or transferred to a use out-
• side the scope of this agreement prior to, 5 years after the execut"aon of this
agreement, the fair market value, the actual price received for such equi�ec►ent
or property and the cost associated with the disposal or transfer shall be ;
reflected accurately in the accounting records. Notwithstanding any other
request or representation by the Grantee, the greater of the fair market yalue
, or the value actually received for any equignent, facility, or other property
so disposed of, less any necessary and proper costs of the disposition shall be
clivided in equal parts between the Department and the Grantee. Should the
Department be lia.ble to the Grantee for payment under this agreement at the
time of such disposition, the Department may reduce its liability in an amount
equal to its share of the proceeds resulting from the disposition.
3.30 The Department shall be c3ntitled to one ha,lf of the proceeds of any
judg�nent or settlement recovered by the Grantee in any suit arising fra-n purchases
made pursuant to this award. �
4.00 Termination of Aqreement.
1
This agreement shall terminate and no payment shall ever be made to the
Grantee by the Department in the event that any of the following events occur:
(a) A failure to execute a joint powers agreement between . •
the City of St. Paul and the Minnespalis Park Board, committing
�
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r • • • �,����'� t1.(�
� .. .. :
both partiea to the project desaribed in the Grantee's
� application on or before February 1, 1976.
:(b) A failure to obtain any required goverrnnental permite.
(o) A failure to obtain the Department's written approval
of the site seleoted foz the facility on or before February ,
15, 197 6. ' . �
(d) A.failure to obtain the Department'e written approval
. :�
of the Grantee's plan for operation of the faaility on or •
before ,Merch 15, 1976. plan for operation inoludes but
ie not limited to arrangements for personnel for the facility.
(e) A failure to obtain the Depar�nent•s writter► approval
of speaifiQatione of equipment to be purchased, biddin�
proaedures, and purohase agreements on or before March
3�. 1976.
The provisions of thie agreement shall remain in effect for a period of
5 years form the date of exeaution of this agree,�nent.
5.00 Operation and Maintenance. � �
�
5.10 The Grantee shall assume all financial responsibility inoident to
this undertaking in order to insure a oontinued operation and maintenance of
the facility. The Grantee pledges ita full faith and credit in support of the
operation of the facility. Operation of the facility shall terminate only upon
the written approval of both the Grantee and the Department.
5.20 Should the Grantee fail to provide continued operation, the Depart-
ment shall be entitled to reaover an amount equal to grant-in•aid payments made
by the Department to the Grantee.
6.00 Payments.
6.10 The Department agrees to pay the Grantee the sum of up to $ �30.000.00 —
provided that any monies paid to the Grantee shall not exoeed fifty peroent (50�)
- � -
f , ���1�� �{�
o� the total incurred costs of the project funded by this agreeznent. ' "" �
1 6.20 The Grantee shall pay all expenses incurred p�ursuant to this agree-
ment. The Grantee may su�mit a request for payment pursuant to this agreement
to the Depa.rtment as expenses are paid. Requests for payment shall be su�mitted
on forms provided by the Department and shall be supported by warrants or receipts �
documenting the amount of expense incurred by the Grantee. The Department upon �
approval of the request sha.11 become liable to the Grantee for one h�lf (�-) the
amount that has been paid by the Grantee. The Department shall immediately 41S
make payment of forty percent (40�) of this liability and retain ten percent (10°�).
' � At the campletion of the�proj ect the Department shall inspect the premise and
operation of the facility. Upon final approval of the completed facility the
� Department shall release all funds retained and owed to the Grantee. .
6.30 The Department's liability for payment under this agreement shall
become effective upon approval of the agreement by the Minnesota Commissioners
. of Administration and Finance. Payments will be made from funds appropriated
by Minnesota Laws, 1975, Chapter 253. Except as provided by Minnesota Statutes,
, Sections 10.16 and 16.17, no payment shall be made to the Grantee ba.sed upon
costs incurred subsequent to June 30, 1977. ,
7.00 Access to Information and Premises.
The Grantee agrees that the Department shall have full access to all �
records, data collected, reports, memorancla, and works of any similar nature,
developed, collected or produced on matters concerned or connected with the
proj ect.
8.00 Accountin_q.
The Grantee agr.ees to (1) maintain a sepa.rate accounting systesa for the
project, (2) maintain accurate and complete accounts of the expenditure of
grant funds, and (3) retain accounting records and afford at all times the . •
legislative auditor or other representative of the State of Minnesota reasonable
.
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facilitiQS for examination �nd audit of the accounts. '
9.00 D�i�artmnnt's Reserved Rights. .
57�ould the Department find that there has been a failure by the muni-
cipality to comply with the provisions of this agreement, the Department
reserves the right to take such action as it deems necessary or appropriate
to protect the interests of the State of Minnesota, including refusing to
make ariy disbursement of funds and requiring the return of all or part of any .
funds that have already:been disbursed. � �
, ;y
10.00 l�nendments. � �
• This agreement may be amended only with the written aonsent of both the
Department and the Grantee.
11:00 Assi�nment. � . � � . �
The Grantee shall neither assign nor transfer any rights or obligations
under this contract without prior written consent of the Departraent,
, 12.00 Non-Discrimination. "
At all times in performing any services or undert�king any actions, under
• this agreement, the Grantee shall abide by the provisions of Minnesota Statutes,
Section 363.03 (1974) prohibiting discrimination because of race, color, creec�,
religion, national origin, sex, marital status, status with reJard to public
assistance, or disability. �
The Grantee further agrees that, in a�12 solicifiations or advertise�nent•s
for employees placed by or on behalf of the Grantee, it shall state tha.t all
qualified persons seekirig employment will receive consideration therefore without
�
regard to race, color, creed, religion, national origin, sex, marital status,
status with regard to public assistance, or disability.
13.00 Patents and Co�.7_yright.
No reports, maps, engineering drawiru�s, processing or operation procedures . •
or other documents or any structures or equipment produced in whole or in part
.
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. �
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under this agreement shall be the subject of an application for a copyright or
i, a patent by or on behalf of the Grantee or any agent thereof without the ex�ress
consent of the Department. In the absence of such consent all rights to apply
for and to obtain such copyrights or patents shall be vested in the Department.
The Grantee agrees to inform the Department as soon as it is apparent that any
work being performed pursuant to this agreement has produced or is producing a
work product which could be the basis for a patent or eopyright application.
IN WITNESS of this agreement, the Department and the Grantee have caused
, �'�
. it to be executed by their proper� officers�and representatives.
DEPAR'IMENT OF AGRICULT'JRE
. , k � � � � .
.
�� �.
Fo� ; Jon Wefald
Commissioner of Agriculture . Title:
Approve�is�o form and xecution By:
b
thi s � day of .� 19_�� Title: �
� � ,
W1�RREN SPAN� S � ,
Attorn y�8en a]. ,'
�Y � ;� �l�'��:���`�'
SPEC ASSISTANT ATTO EY,6ENERAL CT� T �AU
� .
APPROVED: � •i�- )
• D'epar�nent of Administration .. �
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APPROVE . �
Department of inance
Fo�cm Appxoved; �D�.rect r�epaxtment ce
�� and 1rlanagement Services /-L�_�c
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