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89-507 WHITE - CITV CLERK PINK - FINANCE COUnCII /� CANARV - DEPARTMENT GITY OF AINT PAUL File NO• �• �D� BLUE - MAVOR ounci solution 3� , Presented By Referred To � Committee: Date Out of Committee By Date WHEREAS, the Saint Paul City ou cil , by its Resolutions 268069, 276975 and 281035 authorized the app op iate City officials to execute agreements as necessary to secure Me ro olitan Council capital improvement funds for Como Zoo, Como Park and Co 0 onservatory, and WHEREAS, the previous agreemen s xecuted and implemented to provide improvements to Como Zoo, Park and C ns rvatory were not subject to the 1986 Tax Reform Act's arbitrage rules, bu a ditional funding now available to the City from the Metropolitan Council i ' s bject thereto, and WHEREAS, to avoid interminglin o funds administered under different law, the City and Metropolitan Council esire to enter into a new agreement rather than amend previous agreement , nd WHEREAS, the City and Metropoli!tan Council now desire to enter into an agreement providing a grant for $1,5 ,0 0 in additional Regional funding for continued development within Como Region 1 Park, including Zoo Hoofed Stock Barn renovation and Zoo graphics/sign ge system, Lakeside Pavilion and Lake area restoration/sitework, and Conse at ry restoration of public display houses, NOW THEREFORE BE IT RESOLVED, b t e Council of the City of Saint Paul , that the appropriate City officials a e ereby authorized to execute an agreement with the Metropolitan Counc'1 o accept and implement said Metropolitan Council grant. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond Communit $2Y' �CeS �� In Favor Gosw;tz Rettman � scneine� A gai n s t Sonnen �'Vi5lseir. Adopted hy Council: Date 1'HR 2 � 17cJ9 Form roved by ity orney Certified Pas• y Council Se ar BY gy, A►pprov y Mavor: Date _ �,_ Appr y Mayor for Sub is i t�Council By T�ue�� a�� - I �9 s - - r _ _ L�r�-�o� QEPARTMENT/OFFICE/COUNpL DATE INITIATE CS/Parks and Recreati on 3-8-89 GREEN SHEET No. 4 � 2 CONTACT PERSON d PHONE INITIAU DATE INITIAUDATE � EPARTIA�i11T'DI�iECTOR �j.� m q7Y COUNCIL Bob Pi ram/John Wi rka 292-7400 N�M�� ATTORNEY �• 13 pTV p.ERK MUST BE ON COUNqL AOENDA BY(DA1'� ROUTINp UDOET DIRECTOR .6 MOT.8ERVICEB DIR. �1/ AYOR(OR ASSISTAN �arks and R r a i on TOTAL#�OF 81GNATURE PAGE3 1 (CLIP ALL A IONS FOR SIGNATUR� ACTION REQUESTED: Authorization to accept and implement Me ro olitan Council grant for Como Park. REC�OMMENDA710N3:Approve pq w Re�ect(R) COUNCIL MI E/RESEARpI qEPORT OPTIONAL _PLANNINO COMMISSION _CIVIL SERVICE COMMISSION �A�YgT P�E�' REC�IV[�D _CIB COMMITTEE _ —sT� _ �MMEN�; MAR 14 1��9 —DISTRICT COURT _ SUPPORT$WHICH COUNdL OBJECTIVE7 MAYOR S O��ICE Recreation INfMTiNQ PR08LEM,ISSUE,OPPORTUNITY(Who,Whet,When,Whsro,Why): Metropolitan Council will provide funds, th ough its Parks and Open Space program, to continue improvements to Como Park, Z o nd Conservatory. ADVANTACiE3 IF APPROVED: Continued improvement work in Como Park. DISADVANTAGES IF APPROVED: None DISADVANTAOES IF NOT APPROVED: Reduced or postponed improvement work in Co Park. Loss of grant funds. Co:.';�.�,� �e��?r.��; ".�n�et ��,1�R ?� ����� TOTAL AMOUNT OF TRANSACTtON : 1.542.00O.00 T/REVENUE BUDOETED(CIRCLE ON� YES NO FUNDING SOURCE Me ol ' an C n i 1 Grant IVITY NUMBER C88-3J003 �wwan�wr-oaMa►nori:�exPUUN� • ' . .. . 3-�� . ��g-�o� ���� ��� CONTRACT N0. F1+�IE1�1T BEI'WEII�T Tf� POLITAN COUNCIL AND THE C OF SAIl�T PAUL FOR RECREATION P SPACE DEVEIAPMEI�TI' THIS AGREEMEI� is entered into this day of , 1989, by and between the Metropolitan Council,, h reinafter referred to as the "Council" arxl the City of Saint Paul, hereinaf r eferred to as the "Grantee." Wf�REAS, the Council is authorized M' . Stat. § Section 473.301 et se . to make grants to eligible goverrunental i s situated wholly or partly within the metropolitan area for the purpose of e lopsnent of regional recreation open space in accord with the Council's re tion Open Space Policy Plan; and WE�REA.S, the Grantee is a goverr�¢nent it eligible for a Recreation Open Space Development Grant; and Wf�REAS, the Grantee has applied to e ouncil for a Recreation Open Space Development Grant to assist in the de el pnent of recreation open space lands within the boundaries of Como Regiona P rk; and WHEREAS, the proposed develop�nent is on istent with the Council's Policy Plan and with the Approved Master Plan for' th Park, and the Council desires to assist the Grantee by the award of a c eation Open Space Development Grant; and Wf�REAS, on October 25, 1978, October 5, 1981, April 25, 1984 and January 27, 1987, the Council and the Grantee ent r into various Recreation Open Space Development Grant Agreements providin rtial funding for develolanent projects within Como Regional Park, including ovements of Como Zoo, Co�no Conservatory, and Como Park; and WI�REAS, the parties naw desire to en er into one agreement providing for additional regional funding for devel nt within Como Regional Park, including improvements of Como Zoo, C Conservatory, and Como Park; and WHEREAS, the previous agreements betw n the Council and the Grantee were not subject to the 1986 Tax Reform Act's rb'trage rules governing the use of tax exempt bond proceeds, but the additio al funding provided in this Agreement is subject thereto; and W�REAS, to avoid intermingling of f s inistered under different law, the parties desire to enter a new agreeme t ' aecordance with the 1986 Tax Reform Act rather than amend the previous ag ts. �. �� ,n � � � �. . �d't-5o7 2- NOW, THEREFO�2E, the Council and the 'Gr tee agree as follaws: I. DEFINITIONS For purposes of this Agreement, 'th terms listed belaw shall be defined as follaws: A. "Approved Master Plan" me s e master plan required by Minn. Stat. § 473.313 for the Park. B. "Park" means the regional r , park reserve, trail corridor, or special recreation feature in hich the DeveloFanent Project is to be perforn�ed. C. "Policy Plan" means the r io 1 recreation open space system policy plan, including the capit rovement program for recreation open space, required by Minn. S t. � 473.147. D. "Develop�nent Project" mean planning, engineering, constructing, landscaping, and finishing f e development described in Exhibit A. I I. GRANT The Council agrees to make avail 1 to the Grantee during the grant period a total grant amount of $1,542,0 0. 0 for the purpose of reimbursi.ng the Grantee for all or a portion of e eligible costs of performing the Development Project as set forth on Exhibit A, attached hereto and incorporated herein. III. REGIONAL USE The Grantee agrees to develop, o r te, and maintai.n the Park in a manner consistent with the Policy Plan r1d the Approved Master Plan, including allawing use of the Park by all r ons in the region. The Grantee further agrees that it will not adopt a r es or restrictions hindering or affecting regional use of the c 1 ted Development Project or the ' Park without the express written co sent of the Council, either during the grant period or for a period of e ty years follawing. ' IV. A[TrHORIZID USE OF GRANI' PROCEEDS It is understood and agreed that th follawing costs and expenses shall be the only costs ar�d expenses elig bl for payment or reimbursement out of grant proceeds: A. The costs of constructing e velopnent Project as detailed on Exhibit A after January 4, 98 , and before expiration of the grant per iod. `r�`�J . � �. . ���i-,5o� 3- B. The costs of legal, engin r' g, architectural and other professional planning or design service n essary to perform the Development Project. Such services ma performed by outside firms or individuals or by qualifie , egular members of the Grantee's staff. The maximLUn amount of gran f ds which may be expended for such non- construction costs and se ic s is $185,000.00. C. Costs of land stewardship i in the Park, which shall be limited to the costs of doing the fol ow ng: fencing or other marking of boundaries; stabilizing or re ilitating natural resources so as to aid in the reestablishment of threatened natural resources or prevent non-natural deterioration e eof; preventing the deterioration of existing structures; remov ng structures not useful to a park function, dangerous land f r , or attractive nuisances; and maintaining or closing exi ti roads. V. PAYMEI�Tr OF C:RANT PROCEEDS Payment of grant proceeds shall be de as follaws: A. Except as provided in Para ra B of this Article, all payments to the Grantee shall be made reimbursement basis follawing suLmission by the Grantee e Council of satisfactory doc�anentation of grant eligible expendit e . All docimientation of expenditures shall be submitted in a fo ceptable to the Council. The Council shall reimburse all grant i 'ble expenditures not in excess of the total grant amount within ir y (30) days of the receipt of satisfactory documentation r the Grantee. The doctmnentation shall be subject to review and a ep ance or rejection by the Council's Executive Director. Docume ta 'on shall be deemed to be accepted if it is not rejected in writi' ithin ten (10) working days of receipt. B. In the event of an anticipa ed grant eligible expenditure in a liquidated amount in excess of $50,000, the Grantee may request a check fro�n the Council for nt of grant proceeds made out jointly to the Grantee and to the c nt actor or vendor to whoan the grant eligi.ble gayment is awed. e Council shall issue such a check within thirty (30) days of receipt of satisfactory dociunentation frmn the Grantee of a grant eligible' iture in excess of $50,000. All documentation shall be s tt i.n a form acceptable to the Council. The documentation shall be ub ect to review and acceptance or rejection by the Council's xe utive Director. Doc�nnentation shall be deemed to be accepted if it is not rejected in writing within ten (10) working days of receip . The Grantee's endorsement on the check is hereby deemed to be a ce ti ication by the Grantee that the full aanount of the check is for t to the joint payee on the check and that no portion of the proc of the check will be paid to or retained by the Grantee. C. Notwithstanding anything to ,th contrary in this Agreement, the payment of grant proceeds s �al be made by the Council within the ti� frames specified in this se ti n only if the Council has adequate parks ar�] open space grant s on hand at the time that payment is due. � • �. �Y9-�o� 4- VI. ACCOUNTING A. Separate Account. The Gr t e agrees to establish and mai.ntain a separate account for the ve opment Project and to maintain accurate and complete records and a co nts relating to the receipt and expenditure of any and all gr nt funds. Such accounts and records shall be kept and maintain or a period of at least thirty (30) years follawing the expira io of the grant or such shorter period as may be specified in writi the Council at the expiration of the grant period. B. Audit. The above accounts an records of the Grantee shall be audited in the same manner as ther accounts and records of the Grantee and may be audited an or inspected on the Grantee's premises or otherwise by individual d ignated or authorized by the Council at ariy time follawing reasona e otification during the grant period and for a period of thirty (30) y rs thereafter, or such shorter period as may be specified purs Paragraph A of this Article. VII. REPORTS A. Quarterly. The Grantee s 1 repare and suLmit to the Council a quarterly progress report i a forniat determined by the Council, describing the financial, ns ruction, and consulting activities undertaken in connection wi e Developanent Project. The report shall contain a s�urenary of r t funds received and expended to date, a statement of the expected al owable costs and expenses to be incurred during the next qu rt r, and such other information as the Council's staff reasonably ests. B. Final Report. Within two n s follawing the expiration of the grant period, the Grantee s al subanit a final report in a format determined by the Council, e iling total Developnent Project receipts and expenditures, rizing all DeveloFxnent Project activity, and containing a er ification by the Grantee's chief financial officer that all r t funds were expended in accordance with this Agreement. C. Independent Audit. Within e ve months follawing the expiration of the grant period, the Grant hall suhanit an independent audit certifying that all grant f were expended in accordance with this Agreement. The Council's E ec tive Director may, by written direction, extend the time or submission of the audit. VIII. GENERAL COTTDITIONS A. Grant Period. The grant pe i shall catunence upon the execution of this Agreement and remain ' f ce and effect until Deesnber 31, 1991. After that date, all grant which have not been expended shall revert to and become part o Council's Parks and Open Space Fund and may be reallocated or ed by the Council for other park and open sgace acquisition arld v opment purposes. �� • � � . � ��y-5�7 5- B. Consultation. The Grantee g s specifically to review and solicit recam�nendations and advice fr the Council's staff at the earliest possible time if and when e rantee expects that the follawing will or may occur: 1. The costs for any por io of the Developnent Project will be higher than the Grant 's projected costs for that portion of the Developsnent Project; 2. The total cost of the v lopment Project will exceed the total grant award. C. Compliance With Law. The an ee agrees to coanply with restrictions regarding the se of grant proceeds contained in Minn. Stat. § 473.301 et se ., and with the provisions of all applicable state and f er laws pertaining to the use of bond proceeds. Further, the Gr te agrees that it is the Grantee's obligation and responsibili , arld not the Council's, to co�nply with all other laws, regulations d rules relating to activities undertaken to perform the ve opment Project. D. Maximum Use of Other �nds. I is understood that the Grantee may receive state or federal gr t for the purpose of performing the Development Project. Such un s shall be used to the maxim�un extent possible. The use of grant pr eeds under this Agreement for all or ariy portion of the Develo nt Project for which state or federal grant funds are, or during e term of this Agreement become, available is prohibited. I e Grantee at any time receives funding or reimbursement fram a sta e r federal grant for amounts charged by the Grantee against this gr t such funds charged against this grant shall be immediately refund o the Council upon discovery of the duplicate funding or reimbu s nt. E. Revenue. All revenue gener t from or by the Park shall be used by the Grantee only as provid i the Policy Plan. Revenue from � recreational uses may be us y the Grantee for any park-related purposes. Revenue from non ec eational uses of the Park or on land acquired with regional gr t funds moust be used for land stewardship or for the capi al costs of providing regional recreation opportunities. By March 31 1 90, and by March 31 of each year thereafter, the Grantee sha l e a written report to the Council detailing all revenue gener from nonrecreational use of the Park during the preceding calend r ar, if such revenue exceeds the threshold amount set by the Co cil. The Grantee shall return to the Council all nonrecreation r e e which is not expended by December 31 of the year following the r in which it was generated. F. Chan es in the Devel nt o' ct. If the Grantee, for any reason, determines that the Develo n Project or any portion of it should not be undertaken, or that er should be a change in the scope or costs of the Development Pr 'e or any portion of it, the Grantee shall submit to the Council' ecutive Director a statement �J � � � . C�r--��-�d7 6- describing the situation d iving the reasons for the Grantee's determination. The Grant y, simultaneously with the subanission of the statement or within a e onable time thereafter, recomanend alternative projects, act' i 'es, uses, expenditures, or allocations of grant funds. If the Executive Director et rmines that the Grantee's recammendations may be ' i tely approved according to criteria established by the Council e Grantee and the Council shall execute a written amendment to thi A reement as provided in Paragraph G of this Article; hawever, no ur er action by the Metropolitan Parks and Open Space Co�nission r e Council is required to authorize the execution of the amendment by the Council. If the Executive Director e rmines that the Grantee's reconmendations may not be, ' iately approved according to criteria established by the Council o if the Council has not established such criteria, the Grantee and e Council may execute a written amenclment to this Agreement only as ro ided in Paragraph G of this Article, follawing appropriate auth ri ation by the Council and the Grantee. The Executive Director sh 1 nform the Grantee within ten (10) working days follawing rec ip of the Grantee's recomnendations whether the reco�nmendation e immediately approved. In determining whether to pr ove the Grantee's recomnendations, the Council shall give full r ar to legislative determinations concerning development fun i and to the general position that the total grant award herein ou d ultimately be made available to the Grantee for developnent. G. Amendments. The terms of i Agreement may be changed or modified by mutual agreement of the pa ties. Changes or modifications shall be effective only upon execut'on of written amendment(s) signed by authorized representatives of the Council and the Grantee. H. al rtunit ; Affirma iv Action. The Grantee agrees to co�nply with all applicable laws, 1 , and regulations relating to nondiscrimination and affi ive action in public purchase, involvement, and use. In r 'cular, the Grantee agrees not to discriminate against any 1 ee or applicant for employment because of race, color, creed, rel' i , sex, national origin, marital status, disability, status in reg public assistance, or age, and to take affirmative action to insur t applicants and employees are treated equally with respect to al � a cts of �nployment, rates of pay and other forms of compensatio , selection for trai.ning. In addition, the Grantee agrees to incl e ffirmative action and equal employment provisions in any contract 'nv lving the provision of work or services which will be paid for in ol or i.n part out of the grant proceeds. �� . . � ��-�d� XH BIT A DEVE PROJECT The funds granted under this Agreem nt shall be used to accomplish the following projects within the bound i s of Como Regional Park: 1. Conservatory: Continued restor ti n of public display houses. 2. Park: Lakeside pavillion resto at on and lake area sitework. 3. Zoo: Hoofed stock barn renovat on and Graphics/signage system.