09-1312coun�u Fue # D�i- I�j 1�
Green Sheet # ��R4�5F
RESOLUTION
SAINT PAUL, MINNESOTA
Presented by
/
1 WIIEREAS, under the Minnesota Statutes Section 161.36, the City desires that the Commissioner of Transportation
2 be appointed as Agent of the City of Saint Paul, Pazks and Recreation Department to accept as its agent, federal aid
3 b ant funds which may be made available for a Great River Road Scenic Byways interpretive signage project.
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NOW THEREFORE BE IT RESOLVED, by the Council of the City of Saint Paul, upon the recommendation of the
Mayor, and the positive adviCeof the Director of Parks and Recreation, to execute into an agreement with the
Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth
and contained in Minnesota Department of Transportation Agency Agreement No. 94449 a copy of which said
agreement was before the City Council and which is made a part hereof by reference.
��
Bostrom
Harris
Helgen
Thune
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Absent I Requested by Department of:
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Foim Approv�d by City
� I / I U I /J II By:
Adopted by Council: Date �����/J�
Adoption CertiSed by Co ricil Secretary Form ro b Mayo Suj�nission to Council
BY ` a BY �I,L����"" r" �A
Approved a o: ate � 7 1�
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
i, DepartmenVOffice/Gouncil: '�, Date Initiated: ° � /'�' �
ParksandRecreation �i GCeeI� Sheet NO 3084356
I �, PR — 15 OCT 2009 ,
Contact Person ffi Phone:
Don Varney
266-6427
y
Assign
Number I
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i Order I
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Must Be on Council Agenda by (Date):
',, Doa Type: RESOLUTION
I E•Document Required: Y
, Document Contact: Kris Wells
Contact Phone: 266-6438
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To[al # of Signature Pages 1(Clip All Locations for Signature)
Action Requested. � �
Counci] approval of Resoluhon authorizing estabLishment of an agreement with the Mmnesota Comm�ss�oner of Transportation to
acceptfederal grantfunds,
Rewmmendalions. Approve (A) or Reject (R)
Planning Commission
CIB CommiBee
Civil Service Commission
A Staff
Personal Service Contracts Must Answer the Following Questions:
1. Has this persoNfirm ever worked under a contract for this department�
Yes No
2. Has this person/frm ever been a ciry employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee�
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Parks and Recreation Department has been awarded a Federal Scenic Byways grant for developmg aod mstalling mterpretive sign
panels and kiosks. Council approval is required to allow the Com�mssioner of Transportation to act as the Ciry's agent to aceept a�d
administer the �rant fimds.
Advantages If Approved:
Reimbursement fimds are the only means for accepting the grant funds. Council approval will allow the grant funds to be accepted
through MnDOT.
M _, e �k'��
Disadvantages If Approved:
None
��� u � ��o�
Disadvantages If Not Approved:
The Scenic Byway fundmg soi�rce requires grant fund reimbursement through MnDOT. Without Council appmval, � 125,000.00 in
�rant funds will be forfe�(ed.
Total Amount of $0.00
Transaction:
Funding Source:
F inancia l Informati on:
(Explain)
Cost/Revenue Budgeted:
Activity Number:
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October 15, 2009 4:19 PM
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Mn/DOT Agreement No. 94449
STATE OF MINNESOTA AGENCY AGREEMENT
BETWEEN
DEPARTMENT OF TRANSPORTATION
AND
CITY OF ST. PAUL PARKS AND RECREATION
FOR FEDERAL PARTICIPATION IN PRELIMINARY ENGINEERING
FOR
S.P. 91-060-76; M.P. SB MN07(005)
This agreement is entered into by and between City of St. Paul Parks and Recreation
("City") and the State of Minnesota acting through its Commissioner of Transportation
("Mn1DOT"},
Pursuant to Minnesota Statutes Section 161.36, the City desires Mn/DOT to act as the
City's agent in accepting federal funds on the City's behalf for the construction, improvement, or
enhancement of transportation financed either in whole or in part by federal funds, hereinafter
refened to as the "ProjecY'; and
The City is proposing a federal aid project to a project along the Great River Road
National Scenic Byway to design and furnish interpretive signing and kiosks, hereinafter referred
to as the "Preliminary Engineering;" and
The Preliminary Engineering is eligible for the expenditure of federal aid funds, and is
identified in Mn/DOT recards as State Project 91-060-76, and in Federal Highway
Administration ("FHWA") records as Minnesota Project SB NIN07(005); and
Installation of the interpretive signing and kiosks will be accomplish and paid for by the
Delegated Contract Process ("DCP"); and
Mn/DOT requires that the terms and conditions of this agency be set forth in an
agreement.
THE PARTIES AGREE AS FOLLOWS:
L DUTIES OF THE CITY.
A. DESIGNATION. The City designates Mn/DOT to act as its agent in accepting
federal funds in its behalf made available for the Project. For details on the
procedures to follow see: http•//www dot state mn us/stateaid/dcp/dcpchecklist htm.
B. ELIGIBILITY / COSTS. The total amount of federal funds available for the project
is capped at $125,000.
Page 1
(Mn/DOT Agreement No. 94449)
The estimated cost of the Preliminary Engineering is $59,SOO.It is anticipated that
80% (up to $ 47,600) of the cost of the Prelnninaty Engineering is to be paid from
federal funds made available by the FHWA, and that the remaining 20% shall be
paid by the City. The City will pay any part of the cost or expense of the work
tttat the FHWA does not pay.
2. The estimated cost of the Construction of the remainder of the project shall be
paid for per the DCP process.
3. Any costs incurred by the City prior to authorization of the Federal Funds, will
not be eligible for federal participation.
4. Eligible cost and expense for Preliminary engineering, if approved, may consist of
the following:
a) The cost of research and writing for kiosk and interpretive sign design. The
cost of developing sign panel specificafions and graphic layout. The cost of
printing and production. Project management by consultarit.
b) Expenditures for materials, supplies, mechanical data processing and
equipment rental, limited to the actual expenditures for the purposes of this
agreement.
c) The cost incurred by the CiTy to employ outside forces to perform any or a11 of
the work pursuant to this agreement, subject to the provisions of section I.D.,
SUBLETTING.
5. Expenditures for general administration, supervision, maintenance and other
overhead or incidental expenses of the City are not eligible for federal
participation.
6. Acceptability of costs under this agreement will be determivad in accordance with
the cost principles and procedures set forth in the applicable Federal Acquisition
Regulafions, Contract Cost Principals and Procedures, 48 Code of Federal
Regulations (CFR) 31 which is hereby incorporated by reference and made a part
ofthis agreement.
For costs expected to exceed $ 59,500, the City must request the preparation and
execufion of a supplement to tlus agreement, prior to incurriug such costs.
C. STAFFING.
The City will designate a publicly employed registered Engineer ar Landscape
Architect, ("Project Manager"), to be in responsible charge of the Preliminary
Engineering and to supervise and direct the work performed under any contract let
for the Project. Tf City elects to use a private consultant for services, the Ciry will
provide a qualified, full-time public employee of the City, to be in responsible
chazge of the Project. The services of the City to be performed pursuant to this
(Mn/DOT AgYeement Na. 94449)
Page 2
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agreement may not be assigned, sublet, or transferred unless the City is notified in
writing by Mn/DOT that such action is permitted under 23 CFR 1.33 and 23 CFR
635.105 and state law. This written consent will in no way relieve the City from
its primary responsibility for performance of the work.
2. During the progress of the work on the Project, the City authorizes its Project
Manager to request in writing specific engineering and/ar technical services from
Mn/DOT, pursuant to Minnesota Statutes Section 161.39. Such services may be
covered by other technical service agreements. If Mn/DOT furnishes the services
requested, and if Mn/DOT requests reimbursement, ttien the City will promptly
pay Mn/DOT to reimburse the state tnxnk highway fund for the full cost and
expense of fumishing such services. The costs and expenses will include the
current Mn/DOT labar additives and overhead rates, subject to adjustment based
on actual direct costs that have been verified by audit. Provision of such services
will not be deemed to make Mn/DOT a principal or co-principal with respect to
the Project.
3. The City will fiunish the personnel, services, supplies, and equipment necessary
to properly supervise, inspect, and document the �vork for the Project.
D. LETTING. The City will prepare construction contracts in accordance with
Minnesota law and applicable Federal laws and regulations.
1. The City will solicit bids after obtaining written notification from Mn/DOT
that the Federal Highway Administration ("FHWA") has authorized the
Project. Any Project advertised prior to authorization will not be eligible for
federal reimbursement.
2. The City will prepare the Proposal for Highway Construction for the
construction contract, which will include all of the federal-aid provisions
supplied by Mn/DOT.
3. The City will prepare and publish the bid solicitation for the Project as
required by state and federal laws. The Ciry will include in the solicitation the
required language for federal-aid contracts as supplied by MnlDOT. The
solicitation will state where the proposals, plans, and specifications are
available for the inspection of prospecrive bidders. The solicitation will state
where the City will receive the sealed bids.
4. The City may not include other work in the contract for the authorized Project
without obtaining prior notification from Mn/DOT that such work is ailowed
by FHWA. Failure to obtain such notification may result in the loss of some
or all of the federal funds for the Pro�ect.
5. The City will prepare and sell the plan and proposal packages and prepare and
distribuYe any addendums, if needed.
6. The City will receive, open, and evaluate bids.
(Mn/DOT Agieement No. 94449)
Page 3
7. After the bids aze opened, the City governing body wili consider the bids and
will awazd the contract as required by state and federal laws, or reject all bids.
If the bid contains a goal for Disadvantaged Business Enterprises, the City
will not award the contract until it has received certificarion of the
Disadvantaged Business Enterprise participation from the Mn/DOT Equal
Employment Opportunity Office.
E. SUBLETTING. The City will prepare request for proposals in accordance with
Minnesota law and applicable Federallaws and regulations.
2. The City may not include other work in the contract for the authorized Project
without obtaining prior notification from Mn/DOT that such work is allowed by
FHWA. Failure to obtain such notification may result in the loss of some or all of
the federal funds for the Project.
3. The City will in no way be relieved from its primary responsibility for
performance of the work. Subcontractor agreements must contain all appropriate
terms and conditions ofthis agreement.
F. CONTRACT ADMINISTRATION.
1. The City will prepaze and execute a construction contract with the Contractor,
in accordance with the special provisions and the latest edition of Mv/DOT's
Standard Specifications for Construction.
2. The Project will be conshucted in accordance with plans, special provisions,
and standard specifications of each Project. The standazd specifications will
be the latest edition of Mi�/DOT Standazd Specificarions for Highway
Construction, and a11 amendments thereto. The plans, special provisions, and
standard specifications will be on file at the City Engineer's Office. The plans,
special provisions, and specifications are incorporated into this agreement by
reference as though fully set forth herein.
3. The City will furnish the personnel, services, supplies, and equipment
necessary to properly supervise, inspect, and document the work for the
Project. The services of the City to be performed pursuant to this agreement
may not be assigned, sublet, or transferred unless the City is notified in
writing by Mn/DOT that such action is permitted under 23 CFR 1.33 and 23
CFR 635.105 and state law. This written consent will in no way relieve the
City from its primary responsibility for perFormance of the work.
4. The City will document quantifies in accordance with the guidelines set forth
in the Mn/DOT Contract Aduzuristration Manual Sections 410 and 420 that
were in effect at the time the work was performed.
5. The City will test materials in accordance with the Mn/DOT Schedule of
Materials Control in effect at the time each Project was let. The City will
notify Mn/DOT when work is in progress on the Project that requires
(Mn/DOT Agreement No. 94449)
Page 4
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observation by the Independent Assurance Inspector as required by the
Independent Assurance Schedule.
The City may make changes in the plans or the character of the work, as may
be necessary to complete the Project, and may enter into supplemental
agreement(s) with the individual, firm, or corporation contracting for and
undertaking prosecution of the prescribed work (hereinafter "Contractor").
The City will not be reimbursed for any costs of any work performed under a
supplemental agreement unless Mn/DOT has notified the City that the subject
work is eligible for federal funds and sufficient federal funds are available.
7. The City will request approval from Mn/DOT for all costs in excess of the
amount of federal funds previously approved for the Project prior to incurring
such costs. Failure to obtain such approval may result in such costs being
disallowed for reimbursement.
The City will prepare reports, keep records, and perfarm work so as to enable
Mn/DOT to collect the federal aid sought by the City. Required reports are
listed in the Mv/DOT State Aid Manual, Delegated Contract Process
Checklist, available from Mn/DOT's authorized representative. The City wili
retain all records and reports in accordance with Mn/DOT's record retention
schedule for federal aid projects.
9. Upon completion of the Project, the Project Engineer will determine whether
the work will be accepted.
G. PAYMENTS FOR PRELIMINARY ENGINEERING.
The enfire cost of the Project is to be paid from federal funds made available by
the FHWA and by other funds provided by the City. The City will pay any part of
the cost or expense of the Proyect that is not paid by federal funds.
2. The City may request partial payments not more than once each thirty (30) days.
The Project Manager will certify each partial payment.
3. The invoice and supplements thereto, will contain all details that may be
necessary for a proper audit Such details will consist of at least the following:
(a) A breakdown of labor by individual, classification, dates and hours
worked tnnes the applicable rate to anive at a total dollar amount
for each individual.
(b) The labor additive shall be applied to total labor dollars.
(c) The equipment charges shall be broken down by type of equipment
times the applicable rate and dates used to arrive at total equipment
charges.
(d) A detailed breakdown of outside services used and supporting
(mn/DOT Agreement No. 94449)
Page 5
invoices and documentation that costs of outside services have
been paid.
(e) Detail for materials, supplies, and other items with the description,
units, and unit prices included in the invoice. If materials or
supplies aze purchased from an outside source, a copy of that
invoice should be included.
( fl The invoices will include 100% of eligible charges applicable to
the Preliminary Engineering so that the prorata shaze of federal and
City participafion can be applied to the total costs.
4. Following certification of the final estimate, the City may request reimbursement
for costs eligible for federal funds. The City's request will be made to Mn/DOT
and will include a copy_ of the certified final estimate along with the required
records.
5. Reunbursement of costs under this agreement will be based on actual costs.
H. PAYMENTS FOR CONSTRUCTION OF THE PROJECT.
8. The entire cost of the Project is to be paid from federal funds made available by
the FHWA and by other funds provided by the City. The City will pay any part of
the cost or expense of the Project that is not paid by federal funds.
9. The City will prepare partial estimates in accordance with the terms of the
construction contract for the Project. The Project Engineer will certify the
amount of each partial estimate. Following certification of the partial estimate, the
City will make partial payments to the Contractor in accordance with the terxns of
the construction contract for the Project.
10. Following certification of the partial estnnate, the City may request
raimbiersement for costs eligible for federal funds. The City's request will be made
to Mn/DOT and will include a copy of the certified partial estimate.
11. Upon completion of the Project, the City will prepare a fmal estimate in
accordance with the terms of the construcfion contract for the Project. The
Project Engineer will certify the final estimate. Following certification of the fmal
estimate, the City will make the final payment to the Contractor in accordance
with the terms of the construction contract for the Project.
12. Following certification, by the Project Engineer, of the fmal estimate, the City
may request re'vnbursement for costs eligible for federal funds. The City's request
will be made to Mn/DOT and will include a copy of the certified final estimate
along with the required records.
I. LIMITATIONS.
(Mn/DOT Agreement No. 94449)
Page 6
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1. The City will comply with all applicable Federal, State, and local laws,
ordinances, and regulations.
2. Nondiscrlmination. It is the policy of the FHWA and the State of Minnesota that
no person in the United States will, on the grounds of race color, or national
origin, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving Federal
fmancial assistance (42 U.S.C. 2Q�Od). Through expansion of the mandate for
nondiscrimination in Title VI and through parallel legislation, the proscribed
bases of discrimination include race, color, sex, national origin, age and
disabiliry. In addition, the Title VI program has been extended to cover all
programs, activities and services of an entity receiving Federal financial
assistance, whether such programs and activities are Federally assisted or not.
Even in the absence of prior discriminatory practice or usage, a recipient in
administering a program or activiry to wluch this part applies, is expected to take
�rmative action to assure that no person is excluded from participation in, or is
denied the benefits of, the program or activity on the grounds of race, color,
national origin, sex, age, or disability. It is the responsibility of the City to carry
out the above requirements.
3. Workers' Compensation. Any and all employees of the City or other persons
while engaged in the performance of any work or services reguired or permitted
by the City under this agreement will not be considered employees of Mn/DOT
and any and all clauns that may arise under the Workers' Compensation Act of
Minnesota on behalf of said employees, or other persons while so engaged, will in
no way be the obligation or responsibility of Mn/DOT. The City will require
proof of Warkers' Compensation Insurance from any contractor and sub-
contractar.
J. AUDIT.
1. The City will comply with the Single Audit Act of 1984 and Office of
Management and Budget (OMB) circular A-133 including amendments and
successors thereto, which are incorporated herein by reference.
2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books,
records, documents, and aecounting procedures and practices of the City are
subject to examination by the United States Govemment, Mn/DOT, and either the
Legislative Auditor or the State Auditor as appropriate, for a minimum of six
years. The City will be responsible for any costs associated with the performance
of the audit.
K. MAINTENANCE. The City assumes fixll responsibility for the operation and
maintenance of any facility constructed or improved under this Agreement.
L. CLAIMS. The City acknowledges that Mn/DOT is acting only as the City's agent
for acceptance and disbursement of federal funds, and not as a principal or co-
principal with respect to the Project. The City will pay any and all lawful claims
arising out of or incidental to the Project including, without limitation claims
related to contractor selection (including the solicitation, evaluation and
(Mn/DOT AgYeement No. 94449)
Page 7
acceptance or rejection of bids or proposals), acts or omissions in performing the
Project work, and any ulh-a vires acts. The City will indemnify, defend (to the
e�ctent pemutted by the Minnesota Attomey General), and hold Mn1DOT
hannless from any clauns or costs arising out of or incidental to the Project,
incIuding reasonable attorney fees incurred by Nin/DOT. The City's
indemnification obligation ea�tends to any actions related to the certification of
DBE participation, even if such actions are recommended by MnIDOT.
II. DUTIES OF Mn/DOT.
A. ACCEPTANCE. Mn/DOT accepts designation as Agent of the �ity for the
receipt and disbursement of federal funds and will act in accordance herewith.
B. PROJECT ACTIVITIES.
1. Mn/DOT will make the necessary requests to the FHWA for authorization to use
federat funds for the Project, and far reimbursement of eligible costs pursuant to
the terms of this agreement.
2. Mn/DOT will provide to the City copies of the required Federal-aid clauses to be
included in the proposal solicitation and will provide the required Federal-aid
provisions to be included in the Proposal.
3. Nfi�/DOT will review and certify the DBE participation and nofify the City when
certification is complete. If certification of DBE participation cannot be obtained,
then the City must decide whether to proceed with awazding the contract. Failure
to obtaiu such certification will result in the project becoming ineligible for
federal assistance, and the City must make up any shortFall.
4. Mn/DOT will provide the required labor postings
C. PAYMENTS.
1. Mn/DOT will receive the federal funds paid by the FHWA for the Project,
pursuant to Minnesota Statutes § 16136, Subdivision 2.
2. Mn/DOT will review and certify each partial pay request. Foilowing certification
of the partial estimate, Mn/DOT will reimburse the City, from said federal funds
made auailable to the Project, for each partial payment request, subject to the
availability and limits of those funds.
3. Upon completion of the Project, the City will prepaze a fmal payment request in
accordance with the terms of this agreement. Mn/DOT will review and certify the
final payment request with a final audit.
4. No more than 90% of the rennbursement due under this agreement for Prelimnary
Engineering will be paid until completion of the final audit and approval by
Mv/DOT's authorized representative.
(Mn/DOT Agreement No. 94449)
Page 8
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If Mn/DOT does not obtain funding from the FHWA or other funding source, or
funding cannot be continued at a sufficient level to allow for the processing of the
federal aid reimbursement requests, the City may continue the wark with local
funds only, until such time as Mn/DOT is able to process the federal aid
reimbursement requests.
D. AUTHORITY. Ivfii/DOT may withhold federal funds, if Mn/DOT or the FHWA
determines that the Project was not completed in compliance with federal
requirements.
E. INSPBCTION. Mn/DOT, the FHWA, or duly authorized repxesentatives of the
state and federal government will have the right to audit, evaluate aud monitor the
work performed under this agreement. The City wili make available all books
records, and documents pertaining to the work hereunder, for a minimum of seven
years following the closing of the construction contract.
III. AUTHORIZED REPRESENTATIVES. Each authorized representative will have
responsibility to administer this agreement and to ensure that all payments due to the
other party are paid pursuant to the terms of this agreement.
A. The City authorized representative is Don Varney, Landscape Architect City of
St. Paul Parks and Recration, 300 City Hall Annex, 25 West 4` Street, St. Paui,
MN 55102 or his successor.
B. Mn/DOT's authorized representative is Lynnette Roshelt, Minnesota Department
of Transportation, State Aid for Local Transportation, 395 John Ireland
Boulevazd, Mail Stop 500, St Paul, MN 55155, phone 651-366-3822, or her
successor.
IV. TORT LIABILITY. Each party is responsible for its own acts and omissions and the
results thereof to the extent authorized by law and will not be responsible for the acts and
omissions of any others and the results thereo£ The Minnesota Tort Claims Act,
Minnesota Statutes Section 3.736, governs Mn/DOT liability.
V. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this
agreement without priar written approval of the other party.
VT. AMENDMENTS. Any amendments/supplements to this Agreement must be in writing
and be executed by the same parties who executed the original agreement, or their
successors in office.
VII. TERM OF AGREEMENT. This agreement will be effective upon execution by the City
and by appropriate State officials, pursuant to Minnesota Statutes Section 16C.05, and
will remain in effect for five (5) years from tl�e effective date or until all obligations set
forth in this agreement have been satisfactorily fulfilled, whichever occurs first.
VIII. TERMINATION. This agreement may be terminated by the City or Mn/DOT at any
time, with or without cause, upon ninety (90) days written notice to the other party. Such
termination will not remove any unfulfilled financial obligations of the City as set forth in
(Mn/DOT Agreement No 94449)
Page 9
this Agreement. In the event of such a termination the City will be entitled to
reunbursement for Mn/DOT-approved federally eligible expenses incurred for work
safisfactorily perforxned on the Project to the date of terxnination subject to the terms of
ttris agreement.
Remainder of this page teft intentionally blank
(Mn/DOT Agreement No. 94449)
Page 10
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IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending
to be bound thereby.
CITY
City certifies that the appropriate person(s)
have executed the contract on its behalf as
required by applicable resolutions,
ordinances, or charter provisions
DEPARTMENT OF TRANSPORTATION
IC
Title: Director, State Aid for Local Transportation
Date:
�
Date:
Title: City Attorne_y
By: �
Date: � T ( 0 � "�
Its: Director of Financial Services
�
Its: Director, Parks and Recreation
Date:
COMMISSIONER OF ADMINISTRATION
C
Date:
Page 11
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