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89-837 WHITE - CITV CIERK ��_ ��� PINM ..- FINANCE COUIICIl CANARV - OLPARTMENT GITY O SAINT PALTL BLUE - MAVOR File NO. City Attny/JTH C�u C •l Resolution Presented By `/=� Referred To Committee: Date Out of Committee By Date , RESOLU 0 AUTHORIZING EXECUTION OF GRA GREEMENT ;i WHEREAS , By Laws of i nesota 1988 , Chapter 686 , Article 1 , Section 14, subd. (1) th M nnesota Legislature: a. Appropriated th s m of $800, 000 for the year ending June 30, 1989, or a grant to the City of Saint Paul to pay principa a d interest due on bonds issued by the City to rem de and refurbish the Como Park Conservatory; b . Authorized the ss ance by the City of general obligation bond i amount of $5 , 000, 000 for Como Park Conservato y nd in amount of $5 , 500,000 to reconstruct She ar and Warner Roads ; and c . Authorized canc 11 tion of any current or future repayments of S at combined sewer overflow abate- ment assistance lo ns otherwise required by T1inn. Stat . Section 1 6 . 62 Subdivision 6 ; and WHEREAS, By Resolut o C.F. Nos . 89-128 and 89-129 the City of Saint Paul sold $5 ,00 , 0 general obligation bonds for Como Park Conservatory remode i and refurbishing and $5 , 500, 000 for reconstruction of Shepar d Warner Roads ; WHEREAS , the Minnes t Department of Trade And Econoniic Develop- ment has tendered Grant g eement ��13062203989 in form of a contract to provide grant assista c to a construction project rather than a COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond � Finance and Management Ser ices� �� [ Fa or Gosw;tz Rettman scne;ne� _ A ain t BY � Sonnen Wilson Form Approved City Attorney Adopted by Council: Date '� Certified Passed by Council Secretary By ` gy, blpproved by Mavor. Date Appr Mayor for Submissio o uncil By WHITE - C�TV CLERK COIlI1C1I - PINK' �- FINANCE CANARV - ��L�PARTMENT G I TY SA I NT PAU L BLUE - MAVOR File NO. � � � - � � Cou c Resolution Presented By Referred To Committee: Date Out of Committee By Date -2- bond debt service payment a d has advised the City that the contract terms are not ne o iable; and WHEREAS , it is necessa y to conclude a Grant Agreement and receive the grant paymen b fore June 30 , 1989 , and the Director, Department of Finance an M nagement Services and Office of the City Attorney have reco en ed in light of these circumstances that the grant agreement be approved as necessary in order to receive the debt service pa ent grant before the end of the fiscal year ending June 0 , 1989 ; Now therefore, be it RESOLVED by the Cou ci of the City of Saint Paul that Grant Agreement ��13062203989 t nd red by the Minnesota Department of Trade And Economic Devel pm nt is hereby approved, the Mayor and Director, Department of in nce and Management Services are hereby authorized to execute sa d greement on behalf of the City , and said Director is further a horized to prepare and execute on behalf of the City and t s bmit to the State Department such other documents as may b cessary to implement this Resolution and to meet the provisio s f Laws 1988 , Chapter 686 , Article I Section 14, Subdivision 1) . . COUNCIL MEMBERS Requested by Department of: Yeas Nays - Dimond "') Fin and Management ervices i.ong / In Fa or � Goswitz � Rettman `� Scheibel A i n t BY Sonnen Wilson �� , 6 Form Approve City Att rne Adopted by Council: Date � Certified Pas e ouncil S et r BY— 6 gy, Appro by Mavor. a _ Approved by Mayor for Submission to Council By By �+�¢!.!S�A n.�r�Y �? '� 1 89 � � � 5� ��� _ OEPARTMENTlOFFICE/OOUNdL DATE IN D � O� � Finance/Treasury Division 05/0 /8 GREEN SHEET NO. CONTACT PERSON 6 PHONE INITIALI DATE INITIAUDATE DEPARTMENT DIHECTOR �+ CRY COUNpL Shirley Davis/Jim Hart N� cm nrror�er Q GTY CLERK MUBT BE ON OOUNqL A(iENDA BY(DAT� ROU7flIQ BUDOET DIRECTOR �Z FlN.d MQT.SERVICES DIR. May 16, 198 9 �u►roR roR�s�sr ❑ TOTAL N OF SIGNATURE PAQES 2 (CLIP A L ATIONS FOR SKiNATUR� ACTI�I REGUESTED: The attached resolution authorizes execut on of grant agreement for $800,000 to pay debt syrvice on 1989 General 0����.on Como np rvatory Bonds. These bonds were authori�ed b Laws of Minnesota 1988A c'le I. A o of this law is attached. RECOMMENDATIONS:Approve(IU or Flsject(1� OOUNq MITTEE/RESEARCH REPORT OPTIONAL ANALY3T PHONE NO. _PUINNIN(i OOMMISSION _dVIL BERVICE COMMISSI�1 _GB COMMITTEE _ O�iME S: _STAFF — _DISTRICT COURT _ SUPPORTS WHICH COUNGL OBJECTIVET INITIATINO PR08LEM�ISBUE��PORTUNITY(1Nho�Whet.Whsn��Nhe►e�Wh�: The State of riinnesota has appropriated 80 ,000 for payment of debt service on 1989 Como Conservatory Bonds. This payment will b i the form of a grant to be paid to the City Treasury and will be used for the first m nths debt service on these bonds. ADVANTA(iES IF APPiiOVED: s these are general obligation bonds, he $800,000 was taken into consideration at the time of issuance and the tax levy was a �u ted. No levy was set for the $800,000 portion. D18ADVANTAOE8 IF APPROVED: RECEIVED NONE MAY 81989 OFFlCE OF THE DIRECTOR DEPARTMENT OF FINANGE AND MANAGEMENT SERVICES 018ADVANTAOE3 IF NOT APPROVED: Additional tax levy would be needed i t e amount of $�00,000 to cover debt service. City would not get advantage of CSO S at loan forgiveness. TOTAL AMOUNT OF TRANSACTION 800,OOO �gT/pEVENUE Sl!lDQETED(GRCLE ONE) YES NO �uN�o sou� General Debt ACTIVITY NUMBER 960-89989 FlNANCIAL INFORMATION:(EXPWN) . • i t 9 t L�WS of MINNESOTA for 1988 C3. 686,Art. 1 Yot ding Laws I 987,chapter 404, sectio =6 subdivision 3, the appcopria �/�, uoa i subdivision for �he ;�Iinae. G 7 wta otio picture board for fisca!year �� D 1989 a ' ble upon receipt by the � ' board of i in matchiag conuibutioas � i of mo a ia ldad from�ns�ate so�rca for ev S provided by that appropri- ation. • I (k)G t ver Road ���� ' I This a pro riation is for a grant to the j ciry of ' qpolis to pay principai and � I int du oa bonds issued by the aty � ' of� ' ea iis for land acquisition and dcvdo for the Gctat River Road prajecc alo che centra! wacerfront ia downto , ianeapolis. � The ci y o �finneapolis may issue SS.�O, 00 general obligaaon bonds - to acq d develop land in connec. tioa wi th Greac River Road project. T'ne bo ds ust be issued beiore June 30. 1989 Bo ds issued under this autbor- ir+ are ot i cluded in the nec debt of the city as fined in Minnesota Stat- uus. 'on 75.51, subdivision 4. Upon c 'fi tion by the city of Minne- aDafis t the commissionas of finance md poll cio conuol that che ciry has �ssned S .SO 000 in bonds under this authori an cuntnt or future repay- meau ui by Minaesota Scacuces. s�ction I 6.1 2, subdivision 6, are pn- aled, r"m co�o' � co���, ' soo,000 ,�... • �aPP p � tion is for a gtant to the �Y of SL aW AaY P��P�aad inter- �d�i� a ds issued by the city to furbish the Como Parlc .• �nserva ry. � �ri f S Pau! may issue up to u•�,00 ia erai obligaaon bonds ":^!� b tem� � . . �Como Parl� � conserva ry. e bonds must be issued before J e 3 , 1989. The city may also issue up SS,S00,000 ia seaeral_�. obii�atioa tio to rxons�ruct Shepard� I .Froad and road.:The bonds musi • . / be isaued 'bef December 31, 1992 i None of bo d proceeds may be uaed � to develo a rade-separated inter- � . d�aage at e in 'on of Shepard aad , Chescaut The bonds must be i issued un esota Scaruus, cbap. ter 475, t that the bonds ar+e not � ' . subject to u eaion requiremeau or � debt limi nds issued under this authont?' no induded ia the net debt of the aty de ned in Minnesota Stat- nus. sectio 47 S1, subdivision 4. UPon certifi ti by the city of St Paul to the com ' i ers of fiaance aud pol. lution con l t the city has issucd S10,S00.000 in ads under this author- ity, any cu nt or future repaymeau required by i esoca Statuus. section 116.162, su ivi �on 6, are canceled. , . � � � Community Development Division � � 900 American Center 150 East Kellogg Boulevard �]/ I St. Paul, MN 55101-1421 /�3 7 �; , Q , � 612/296-5005 � Fax: 612/296-1290 . V' • .�May 3, 1989 �'�'����'�� Mr. Gary Norstrem ,. Treasurer, City of St. Paul ��',i�;� ,� U, 1. �c Department of Finance and Mana em nt Services ��� Division of Treasury r��Lai��� , 219 City Hall ����VI$1p}�J St. Paul , MN 55102 RE: Grant #13062203989, City f t. Paul Dear Mr. Norstrem: Enclosed you will find a blank re lution and four copies of the grant agreement for the referenced project. T e solution authorizes the execution of the grant agreement and must be co pl ed prior to executing the grant agreements. The City may wish to develop i s n resolution which is fine. Please return all copies of the grant agreeme t long with the City's resolutions. Shirley Davis has a copy of the Gr ntee Summary Sheet and the Payment Request Form. These two items should b c mpleted and returned with the grant agreements and the resolution. If you have questions, please c 11 me at 296-7481. Sincerely, . U� �� �I ��L..2 �. �.,1. I Nancy L. C. o nspry-` Community Dev opment Represent ti e NLCJ/cdr SCDP.GEN/cdr � I j An Equal Opportunity Employer _ • � �'�P �� . �.�, s'�°'T' �- CITY OF SAINT PAUL 3~0 ''� ' OFFICE OF 7HE CITY ATTORNEY 9� �`� �� 11111111111. �� ;" ���1'°° �= EDWARD P. STARR, CITY ATTORNEY ;m �"'�in�,m°:��+'����` 647 City Hall, Saint Paul, Minnesota 55102 GEORGE LATIMER 612-298-5121 MAYOR May 8 , 1989 To : Shirley Davis From: Jim Har�� �--�� , � Re: 1989 G.O. Bond � State Grant Ag ee ent ��13062203989 Como Conservat ry Bond Debt Service Per your request enclose i a draft City Council resolution approving and authorizin ' e ecution of the State of Minnesota Grant Agreement. Enc . � �� ' � C� B�I� �3� N S ATE OF MINNESOTA DEPARTMENT F RADE AND ECONOMIC DEVELOPMENT COMM NI Y DEVELOPMENT DIVISION � • Gran A reement #13062203989 This Agreement is made by and be ween the State of Minnesota, acting by and � through the Department of Tra e nd Economic Development (hereinafter called the Grantor) and the City of St. au (hereinafter called the Grantee); WHEREAS, pursuant to Minnesot L ws, 1988, Chapter 686, Article 1, Section 14, Subdivision (1 ), the Grantor as been allocated funds by the Legislature of the State of Minnesota for the pu po e of conducting the project entitled the "Como Park Conservatory," (hereinaf er called the Project); NOW, THEREFORE, in considerat on of and in reliance upon the mutual covenants and agreements contained herein, the parties hereto do covenant and agree, each for themselves and their resp ctive successors and assigns, as follows: The Grantor shall grant to th G ntee the total sum of EIGHT HUNDRED THOUSAND DOLLARS ($800,000), which shall state funds appropriated by the Legislature of the State of Minnesota. � Funds made available pursuant o his Agreement shall be used only for project costs incurred in performing a d ccomplishing such purposes as described herein and Minnesota Laws 1988, Chapt r 86, Article 1, Section 14, Subdivision (1 ). . The Grantee shall utilize gran f nds for the purpose of paying principal and interest payments due on bonds is ued by the City of St. Paul to remodel and refurbish the Como Park Conser at ry. In accordance with the law, bonds must be issued by the Grantee to compl te the project. The project includes the renova- tion and restoration of the So th House (sunken garden); restoration/replacement of the growing houses; and com le ion of the Palm House restoration. The Grantee agrees to complete the pr ject outlined in correspondence to the Grantor. Accounting For all expenditures of funds ad pursuant to this Agreement, the Grantee shall keep financial records includi g roperly executed contracts, invoices, and other documents sufficient to vi ence in proper detail the nature and propriety of the expenditures. The Gran ee must account for both the state grant and the required city match pursuant t M nnesota Laws, 1988, Chapter 686, Article 1, Section 14, Subdivision (1 ). Estimates and Reporting Upon execution of this Agreeme t, the Grantee shall submit to the Grantor documentation that the bonds h ve been issued. After the grant funds are expended the Grantee shall fur he document that grant funds were used to pay principal and interest on the on s. Affirmative Action C�I �7� 03� When applicable, [grantee] [ or ower] [contractor] certifies that a certificate of compliance has been recei ed from the Commissioner of Human Rights as required by Minnesota Statut s 363.073, Subd. 1, as amended by Laws of Minnesota, Ch. 660, Section . This contract may be terminated or abridged by the Department because of su pe sion or revocation of a certificate. Provisions for Contracts and Su rants The Grantee shall include in an contract and subgrant, in addition to provisions that define a sou d nd complete agreement, such provisions that also assure contractor and subgra te compliance with applicable state and federal laws. In addition, contract r hall certify that it has received a certificate of compliance from the Commi si ner of Human Rights pursuant to Minnesota Statutes, § 363.073, if appl 'ca le. The Grantee shall obtain evidence from any contractor or subgrantee of om liance with the workers' compensation insurance coverage requirement of Minn so a Statutes, § 176,181, Subd. 2 and with the , affirmative action requireme ts of Minnesota Statutes § 363.073 and Minnesota Rules 5000.3400 through 5000 36 0. Payment The Grantor shall make $800, 00 available to the Grantee in fiscal year 1989. The Grantor shall pay grant un s for principal and interest due on bonds issued by the City of St. Paul base u on payment requests submitted by the Grantee and reviewed and approved by the' Gr ntor. Term The Grantee shall perform an a complish such purposes and activities as are specified herein during the er od from July 1, 1988 through December 31, 1991. The Grantor will consider a eq est for extension of this term if the project is not complete as of December 1, 1991. Termination Clause If the Grantor finds there h s een a failure to comply with the provisions of this Agreement, that reasona le progress has not been made, or that the purposes for which the funds were gra te have not been or will not be fulfilled, notwithstanding any other pr vi ions of this Agreement to the contrary, the Grantor may take action to p ot ct the interests of the State of Minnesota, including refusal to disburs a ditional funds and requiring the return of all or part of the funds already di bursed. Audit and Inspection Accounts and records related to the funds provided under this Agreement shall be accessible to authorized rep es ntatives of the Grantor for the purposes of examination and audit. In a di ion, Grantee will give the State of Minnesota, Department of Trade and Econ mi Development, Legislative Auditor, and State Auditor's Office, through an a thorized representatives, access to and the right to examine all records b oks, papers, or documents related to the grant for inspection and audit. Reporting Requirements Grantee shall submit to Gran or an annual progress report on the form prescribed by the Grantor. The reports ar due on the 30th day after June 30 of each fiscal year. Grantee shall ub it other reports as Grantor shall reasonably expect. r nt Number: 13062203989 � �` � �✓� G a • Grant Title: Como Park Cons rv tory Project Notice to Grantee You are required by Minnesot S atutes, 1981 Supplement, Section 270.66, to provide your Minnesota tax de tification number if you do business with the State of Minnesota. This in or ation may be used in the enforcement of federal and state tax laws. Supplyi g hese numbers could result in action to require you to file state tax return a d pay delinquent state tax liabilities. ,This contract will not be a rove u less these numbers are �rovi�ded. These num ers wiTlTavaiTaT t`o e era an state tax aut�o ities a�state personnel involved in the payment of s at obligations. Minnesota Tax ID Federal Employer ID IN WITNESS WHEREOF, the Gran or has caused this Agreement to be duly executed on its behalf and i s eal to be hereunto fixed and the Grantee has caused the same to be du y xecuted on its behalf. APPROVED: GRANTEE: 1 have read and I agree to all of the above Commissioner of Administrati n provisions of this agreement. By By Date Title Date APPROVED: Commissioner of Finance STATE OF MINNESOTA by and t—��g�t ��e e�partment of By Trade and Economic Development Date By Title APPROVED AS TO FORM AND EXEC TI N: Date Attorney General 's Office By Title Date