1i. LAWCON Grant Contract for Lake Susan Park CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
Action by City Adminisinttlf
' E"aarssd b i tk
MEMORANDUM
TO: Don Ashworth, City Manager cr 1-477F17---
Elzte Sutra:-,3c; ro Cumrtissiort
FROM: Lori Sietsema, Park and Recreation Coordinator
lime Su` ":;-ea tJ uuunct!
DATE: August 9 , 1989 q _ i4`g�
SUBJ: Lake Susan Park Development
Attached please find the State Outdoor Recreation Bonded Project
Agreement for the Lake Susan Park development project. The cost
' estimates for this project are $221,850, of which the grant will
reimburse 50%.
I It is the recommendation of this office to authorize execution of
the agreement pursuant to the City Attorney' s review.
.1
Minnesota Department of Office of the Commissioner
Trade and Economic Development 900 American Center 11
150 East Kellogg Boulevard
St. Paul, MN 55101-1421
612/296-6424 '
Fax: 612/296-1290
July 18, 1989
Lori Sietsema '
City of Chanhassen
690 Coulter Drive
Chanhassen, Minnesota 55317
RE: OR-001289, Lake Susan Park
City of Chanhassen, Carver County '
Dear Lori :
I am pleased to inform you that your application for FY 89 Outdoor
Recreation Grant Funds has been approved. The City of Chanhassen will receive a
grant in the amount of $110,925 in State Bonded Funds for the development of
Lake Susan Park.
Enclosed are four copies of the State Outdoor Recreation Bonded Project
Agreement. Please have the authorized public officials for your project sign
and date all copies of the agreement and return them to the following address
within 15 days.
DTED/Community Development ,
Outdoor Recreation Grants Section
Attention: Contract Manager
900 American Center Building
150 East Kellogg Boulevard
St. Paul , Minnesota 55101
After we receive your signed agreements, the agreements will be routed for '
the remaining signatures. When all signatures have been obtained, a copy will
be returned to you for your files.
Effective with the date of this letter, you may begin to incur costs on this
project. However, you cannot request reimbursement for any costs until you have
received a fully signed copy of this agreement from our office. ,
ALJ11‘ 0 1989
CITY OF CHANHASSay
An Equal Opportunity Employer
y.�,. .:tsCa+Jata+ri
Outdoor Recreation Grant Section staff will be providing additional
information relating to the administration of the grant and will be glad to
assist you with the completion of your project. Please feel free to contact
Marcia Taubr at (612) 297-4831 with any questions you may have.
' Finally, let me extend my congratulations to the City of Chanhassen for
their efforts in providing quality outdoor recreation opportunities for current
' and future generations.
Sincerely,
'
tL:AiS
David J. Sp
Commissioner
' DJS/jd
Enclosures
II
STATE OF MINNESOTA
Department of Trade and Economic Development
STATE OUTDOOR RECREATION BONDED PROJECT AGREEMENT
City of Chanhassen OR-001289
Local Unit of Government Project Number
Lake Susan Park Carver
Project Title County '
- 12/31/92
Period Covered by this Agreement '
Project Scope: City will develop a boat access, trails, fishing pier,
fields, courts and support facilities
Project Cost:
Total Project Cost $ 221,850.00
*Approved State Grant Amount $ 110,925.00 50 % of Total Project
Cost
*Approved State Grant Amount: The maximum amount of State funds that shall be
provided for this project.
The State of Minnesota, by its delegated official , the Department of Trade and
Economic Development hereinafter referred to as "State") and the City of Chanhassen
(hereinafter referred to as "local unit") mutually agree to perform this agreement in
accordance with Minn. Laws 1977, Chapter 421, and Minn. Rules 4310.8100 - 4310.8170,
and the provisions contained therein. The grant application is hereby incorporated
into this agreement.
-1-
AID 602243
revised 7/89
6:ORB.1 I
I
` The following terms, as used herein, shall have the following definitions:
' 1. "Commissioner" means Commissioner of the Department of Trade and Economic
0 omic
Development or any representative lawfully delegated the authority to act for
' said Commissioner.
2. "Guidelines" means the Legislative Commission on Minnesota Resources Grants in
' Aid Guidelines.
3. "Funds" means those monies made available by the State under the State Outdoor
' Recreation Grant Fund.
4. "Rules" means the rules cited as Minn. Rules 4310.8100 - 4310.8300.
5. "Local Unit" means the political subdivision of the State of Minnesota that is
the applicant-recipient of the grant, pursuant to this agreement.
' 6. "Project" means the planned undertaking for outdoor recreation that is the
subject of this agreement.
7. "State" means the State of Minnesota, Department of Trade and Economic
Development, which administers the State Outdoor Recreation Grant Fund program
for the State of Minnesota.
In consideration of the mutual promises and covenants contained herein, the parties
hereby agree to perform this agreement as follows:
A. GENERAL PROVISIONS
1. Subject to availability of appropriated state funds, the State agrees to
distribute to the local unit the State's share of the costs of the above project,
' as approved by the Commissioner.
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. 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 local unit complies with this provision.
t4. 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
' maintenance. Such costs of maintenance shall constitute a debt due and owing to
the State.
' 5. The local unit shall obtain the Commissioner's written approval before any change
is made on the project from the original recreational purpose or jurisdictional
control .
' -2-
B. PROJECT ADMINISTRATION '
1. The local unit shall promptly submit any reports requested by the Commissioner.
2. Property and facilities acquired or developed pursuant to this agreement shall be I
available for inspection by the Commissioner upon request.
3. Because one of the basic objectives of the State Outdoor Recreation Grant 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 unit's outdoor II
recreation program, at least commensurate with the State cost share, and shall
not be used as a replacement or substitution of a local unit's outdoor recreation
funds. '
C. PROJECT EXECUTION
1. The project shall be completed within the period identified on page 1 of this '
agreement. In the event the project is extended or completed or terminated at an
earlier date, the project period shall end on the date of completion or
termination. '
2. The local unit shall complete the project in acordance 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 State Outdoor Recreation Grant Fund
Program to the satisfaction of the Commissioner may be cause for the suspension
of all obligations of the State under this agreement. '
3. Affirmative Action: A municipality that receives state money for any reason is
encouraged to prepare and implement an affirmative action plan for the employment
of minority persons, women, and the disabled and submit the plan to the 11
commissioner of human rights.
4. Construction contracted for by the local unit for the purposes of this grant
shall meet the following requirements:
a. Written change orders to contracts for construction in excess of $10,000
shall be issued for all necessary changes in the facility. The orders shall
be made a part of the project file and shall be kept available for audits
for three years after completion of the project. One (1) copy of the order
shall be submitted to the Commissioner. '
b. The contractor's bonds provisions of Minn. Stat. Sect. 574.26.
c. The human rights and affirmative action provisions of Minn. Stat. Chap. '
363.
d. The antidiscrimination provisions of Minn. Stat. Sect. 181.59, as amended, '
and other applicable laws and regulations.
e. The workers' compensation provisions of Minn Stat. , Sec 176.181, Subd. 2.
f. The competitive bid provisions of Minn. Stat. Sect. 471.345 - 471.36.
-3-
II •
Ig. The provisions of Minn. Stat. Sec. 177.41 - 177.44, as amended.
' h. Federal and State antitrust laws.
i. The local unit shall incorporate or cause to be incorporated into all
construction contracts, a provision that the contractor shall hold the State
' of Minnesota, officers and employees of the State of Minnesota harmless from
any liability, with respect to claims for damages as a result of bodily
injury, sickness, disease, death, or property damage resulting from
' contractor' s operations on the project.
j. The conflict of interest provisions of Minn. Stat. Sec. 412.311 and 471.87 -
' 471.88.
D. USE OF FACILITIES
' 1. Upon project completion, the local unit shall post a funding acknowledgment sign
at the entrance to the site.
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 the Commissioner.
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 guidelines. Sanitation and
sanitary facilities shall be maintained in accordance 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 reasonable repair throughout their estimated lifetime to prevent undue
deterioration and to encourage use of the project.
t4. 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 the facility.
IE. 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 agreement. Failure by the political subdivision or public agency to comply
shall be deemed a failure by the local unit to comply with this agreement.
' F. PROJECT TERMINATION
11 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 consistent with law and regulations.
...
-4- � .
II
2. Failure by the local unit to comply with this agreement or any similar agreement I
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 Commissioner, II
the failure was not due to the fault 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
public 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 compensate the State for II
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. RETENTION AND CUSTODIAL REQUIREMENTS FOR RECORDS
1. Financial records, supporting documents, statistical records, and all other '
records pertinent to this grant shall be retained for a period of three years,
commencing with the date of closure letter from the State of Minnesota 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 that was acquired with State grant funds
shall be retained for three years after its final disposition.
c. The Commissioner or Legislative Auditor or their 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 transcripts.
d. The local unit may use any generally-accepted account system that meets '
minimum requirements set forth in the guidelines.
H. STATE PAYMENT OF ELIGIBLE PROJECT COSTS '
1. Project costs eligible for assistance shall be determined upon the basis of the
criteria set forth in the LCMR guidelines.
2. The local unit shall submit to the State all expenditure records pertinent to the
approved project. '
3. The State shall perform a financial audit of all expenditure records submitted by
the local unit. This audit shall follow accepted audit principles and be
consistent with the LCMR guidelines.
-5- ,
Ir
I 4. Following completion of the audit, the State shall disburse to the local unit all
or a portion of the approved State Grant Amount. In no case, shall the local
unit receive disbursement(s) in excess of the State Grant Amount.
' 5. In the event that actual eligible expenditures, as determined by reports and
audit, pursuant to H.2. and H.3. of this agreement, are less than the Total
Project Cost, the State will adjust the Approved State Grant Amount by applying
' the approved percentage of Total Project Cost to the amount of actual eligible
expenditures.
' I. SPECIAL PROVISIONS
The following special project terms and conditions were added to this agreement
before it was signed by the parties hereto:
•
1
' -6-
This agreement shall be binding on the State and local unit and the persons whose II
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 agreement as of the date entered below.
APPROVED: STATE OF MINNESOTA by and through the
DEPARTMENT OF TRADE AND ECONOMIC
DEPARTMENT OF ADMINISTRATION DEVELOPMENT
By By '
Title Title Deputy Commissioner
Date Date
APPROVED AS TO FORM AND EXECUTION LOCAL UNIT:
ATTORNEY GENERAL For
STATE OF MINNESOTA City, County, or Township
By By
Mayor or Chairperson (Name and Title) II
Title Special Assistant Attorney General Date
Date ,
DEPARTMENT OF FINANCE By
Clerk or Auditor (Name and Title)
By
Date
Title
SEAL AFFIXED
Date
-7-
1
I
1-
For Development Project Only:
PRECONSTRUCTION CERTIFICATION
"I hereby certify that construction plans and specifications to be used in
' conjunction with shall meet all
applicable Federal , 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 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 provisions shall be
made to ensure adequate supervision by competent personnel ."
By
Signature Title of Local Unit Engineer or
Architect
Name Date
ORB.1 ORB.7
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1