272462 WMITE - CITV CLERK
PINK - FINANCE GITY OF SAINT PAITL Council
CANARV - DEPARTMENT /� !�
BLUE - MAVOR File NO. ° ��`-
��-�•-z-�,rp'�
'l Resolution `
,
Presented By
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Referred To Committee: Date
Out of Committee By Date
RESOLVED, That the Council of the City of Saint Paul does hereby
approve and accept a grant agreement from the Metropolitan Council
providing the City of Saint Paul with the sum of $767,500 for the
development of Hidden Falls Regional Park, and the proper City officers
be and are hereby authorized to execute the said grant agreements on
behalf of the City of Saint Paul and to comply w�ith all terms and
conditions contained therein.
Approved:
.
dget Direc or
COUNC[LMEN by Department of:
Yeas Nays
Butler � Communi t Servi ces
Hozza In Favor
Hunt
Levine __ Against BY
Maddox
Showalter
Tedesco �AN 3 o Form Approved by �ity A torn
Adopted by C ncil: Date ��_
Certifie asse y Council cretary BY �`'
ti
g�,
App v by Nlavor. D __�_3 n 19� Ap r by Mayor for u ission to Council
By �- � BY
RuBirSHEO F E B 1 0 1979
� , ' . _ . �f� . CON�RACT N0. 78248
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c GRANT AGREEMENT ����I��
BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF SAINT PAUL ` �
FOR RECREATION OPEN SPACE DEVELOPMENT
THIS AGREEMENT, entered� into this day of , 1979, by
and between the Metropolitan Council, hereinafter referred to as the
"Council, " and the City of Saint Paul, hereinafter referred to as
the "City. "
WHEREP,S, the Council has been authorized by the Metropolitan Parks
Act, Minnesota Statutes, Section 473. 30I, et seq. , to make grants-in-
aid to park districts, situated wholly or partly within the Metropolitan
Area for the purpose of development of regional recreation open
space; and
�i1HEREAS, the City, an eligible governmental unit, has made preliminary
application for such grant-in-aid to accomplish the development of
recreation open space lands within Hidden Falls-Crosby Farms Regional
Park by means of the projects listed on Exhibit A, attached hereto,
hereinafter referred to as the "Program";
� NOW, THEREFORE, the Council and the City agree as follows:
1. Development Program Documentation. Prior to the disbursement
of any grant funds allocated herein, the City shall sunmit to
the Council a Development Program containing project documentation.
On the Council' s acceptance of such program as satisfactory and
� complete, the program shall be incorporated as part of this
. agreement, and the City shall develop and implement the Program
in accordance with the provisions of this agreement, includxng
the incorporated Program documentation:
A development concept identifying general locations
for each project anc� a description of the improvements
contemplated in connection with each project.
Total estimated cost of each project within the Pragram
including all costs and expenditflres by the City in�
connection with the development incurred after October
16, 1978.
2. Development Policy. In development of recreation open space
areas with the grant funds made available hereby, the City agrees
to develop the Program in accord with adopted development plans
and policies of the City and to accomplish all Program development
(or to have entered into unconditional development agreements)
within the grant period and in accord with the representations made
i.n the Program documentation. The City agrees to maximize the .-�
use of its own personnel and internal services in connection with -�'
the administration and accomplishment of the Program. In
addition, the City agrees to submit to the Council, for its `-
review and comment, a more detailed description of each project
at the conclusion of the schematic design phase and prior to
the development of detailed design drawings and specifications.
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3. Authorized Use of Grant Proceeds. It is understood and agreed
that the ollowing costs and expenses shall be the only such
costs and expenses Yaid for out of grant proceeds. Costs and
expenses to be reimbursed shall additionalYy be in subsLantial
accord with specifivations contained in the Program documentation
and other provisions contained herein, and in no event shall the
' Council's payment for reimbursable costs and expenses exceed the
' total grant amount. It shall be the joint and several obligation
� of the City and Council to comply with the restrictions regarding
the use of grant proceeds contained in Minnesota Statutes Sections
475.65 and 473. 301 et seq. , and laws incorporated therein.
Further, it is understood that it shall be the individual obliga-
tion and responsibility of the City to coiriply with any and all
� other applicable laws, regulations, and rules relating to all
activities undertaken in connection with the accomplishment of
, the Program.
a. The costs of constructing the Projects after October 16, -
1978, - and before the expiration of the grant period as
described in the Program documentation.
� b. Other costs necessary and incident to the development of
the above including:
' Costs of professional, legal, engineering, and
� architectural consulting services performed by
� persons or organizations not regular members �of
� the City staff or of a public agency affiliated
with the City. .
4. Payme�t of Grant Proceeds. The Council agrees to make available
to the City during the period specified herein the total grant
� amount of $767,500 for the purpose of accomnlishing the program
� and paying the costs and expenses authorized pursuant to Paragraph .
i
3 herein.
a. Of the total grant amount, the Council shall immediately
transfer the amount of $75,000 to the City on the Council's
acceptance of the program documentation. Said amount shall
include amounts attributable to eligible development which
� has previously occurred in an amount equal to the City's
estimated allowable cost expenditures fror.z the commencement
of this agreement through April 1, 1979.
b. Commencing with April 1, 1979, grant funds shall be trans-
ferred to the City on or about the beginning of each quarter
on the basis of the City' s statement of expected allowable
costs and expenses for that quarter (less previously trans-
mitted grant funds on hand) . Such statement and amounts �
shall be subject to review and acceptance by the Council
Chairman. :a
c. Emergency Funds. In the event that the City's allowable
costs and expenses will exceed grant funds on hand, the
City may request the irunediate transfer of additional grant
funds so long as the same are available within the total
grant amount limitation.
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c. Interest earned on unexpended grant funds by the City shall
be used and expended by the City solely on allowable Program
costs and expenses. Interest earned shall be computed and
considered as part of the total grant amount. The City
shall report the amount of such interest earned on each
quarterly statement, and the City agrees that it will limit
the investment return on such funds in such manner as and
; if requested so to do by the Council Chairman. .
d. Of the amount specified in Paragraph 4, the City shall not
be eligible for receipt of $28,000 unless and until the
City has either acquired directly or signed long-term leases
. with the St. Paul Port Authority for properties currently
owned or being acquired by the Port Authority between the
� West Seventh Street bridge and the "Watergate" property.
5. Accounting.
a. The City agrees to establish a fund for the Program and
establish and maintain a separate control account for each
Project identified in Exhibit A and to maintain accurate
and complete accounts and records relating to the receipt
� and expenditure of any and all grant funds. Such accounts
and records shall be kept and maintained for a period of
at least three (�3) years following the expiration of the
,
grant perioa. �
;
s b. The above accounts and records of the City shall be audited
� in the same manner as the other accounts and records of the
. City and may be auclited and/or inspected on the �City's
, premises or otherwise by individuals or organizations desig-
nated and authorized by the Council at any time following
reasonable notification during the grant pe.riod and for a
period or three (3) years subsequent.
6. Reports
a. Quarterly. ThC City shall prepare and submit a Quarterly
Progress Report describing the tinancial, construction,
and consulting activities unctertaken in connection witfi each
Pr�ject. Such report shall contain description of grant
funds received and expended, and a statement of tne expected
allowable costs and expenses to be made during the next
quarter and such other information and matters as the
Council staff may reasonably request.
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b. Conclusion. W#:�hin two months following the expiration of -��
the grant period, and also within one month following the
. completion of any contracted for but incomplete Project activity, "°
the City shall submit a report showing total Program receipts
and expenditures by Project and in detail and summarizing
� all Program activity including improver.ments completed and/or
commenced, and containing an independent audit or a certification
: by the City's chief financial officer, that all grant funds
were expended in accordance with this Agreement.
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7. General Conditions -
a. Duration. The period of grant award specified herein shall
commence on the execution of this Agreement and remain in force
and effect until December 31, 1980. At that date, all allocated
grant funds, which have not been expended or otherwise committed
by contract, shall revert to and become a part of the Council's
Parks and Open Space Fund and may be reallocated or expended
by the Council for other park and open space development and/or
acquisition purposes.
. b. Consultation. The City agrees to specifically re`view and
. solicit recommendations and advice from the Council staff
if and when it expects that the following will or may occur:
(1) It appears that a specific project will cost in excess �J
of the estimated cost established for that project in
Program documentation.
. (2) Total Program cost will exceed the tozal grant award.
(j) If the City expects to have on hand at the end of the
grant period, more than 15 percent of the total grant
: award. �
� c: Re ional Use. The Ci,ty agrees that all completed grant
' . pro�ects wi 1 be developed and used for regional recreation
open space and park purposes in accord with the provisions
contained in its currently adopted and approved master plan,
and that it will not adopt rules, procedures, or restrictions,
hindering, or affecting regional use of project facilities
and improvements without the express written consent of the
Council, either during the• grant period or for a period of
twenty (20) years following:
d. Rights Reserved. In the event that the Council finds that
there has been a failure to comply with the provisions of
this Agreement, the Council reserves the right to take any
and all action that it deems necessary or appropriate to
protect the interests of the Council.
e.. Changes. In the event that the City, for any reason, determines
that a project should not be undertaken or that there should
be a substantial change in the scope or costs of any project,
the City shall �ubmit. a statement de�cribing this situation and
giving reasons for its determination to the Council Chairman. ��
� In addition, the City may simultaneously or within a reasonable ��
time following the submission of such a statement, recommend �
alternative projects, activities, uses, expenditures or
allocations of the grant funds. The Council Chairman may
immediately approve such recommendation if in accord with
the adopted Parks and Open Space �evelopment Guide/Policy
Plan, or he may, within ten (10) days following the rec�ipt
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of the recommendation, forward that recommendation to the
' Metropolitan Parks and Open Space Commission and Metropolitan
Council. If forwarded, the Metropolitan Parks and Open
Space Commission and the �.ouncil shall thereafter, and within
� a period not to exceed thirty (30) days, review said recommen-
� dation and approve or disapprove said recommendation by
resolution in accord with established Council procedure.
� Further, it is understood and agreed that the Council, in
making tnis determination shall give full regard to legislative
determination concerning development funding and to the
general position that the total grant award herein should
: ultimately be made available to the City for development.
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' f. Amendments. The terms of this agreement may be changed or _
modi ie by mutual agreement of the parties hereto. Such
changes or modifications shall be effective only on execution
• of written amendment(s) signed by the authorized represen-
tatives of the Council and the City.
g. Affirmative Action. The City agrees to co�nply with all
applicable laws, rules, and regulations, relating to non-
� discrimination, affirmative action and public purchase,
involvement and use. In particular, the City agrees not to
discriminate against any employee or applicant for employment
; -because of race, color, religion, sex, or national origin,
= and to take affirmative action to assure that applicants
; and employees 'are treated equally with respect to the following:
,, employment, �upgrading, demotion, transfer, recruitment,
layoff, termination, rates of pay, and other forms of
., cor.mpensation, and selection for training. In addition, the
. City agrees to provide binding affirmative action and equal
� employment provisions in any contract it enters into involving
the provisions of work or services which will be paid for
in whole or in part out of the grant proceeus.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to
be executed on the day and year first above written by their authorized
representatives.
METROPOLITAN COUNCIL
� APPROVED AS TO LEGA1�
FORM AND AliEQUACY g�, ' .
John Boland, Chairman -
-:y
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Of ce . taff Counsel CITY OF SAIPdT PAUL
By
Its
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. : , . . OM O1 : Z2/1975
Rev. : 9/8/76
EXFLANATION OF ADMINISTRATIVE �RDERS,
RE L IONS , A ORD NANCES
_ ��7`����
RECEz`���
Date : �anuary 12, 1979 Jy� � J y��9
� . '.e�v���y M�4'4�w
A�
T0: MAYOR GEORGE LATIMER
FR: Thomas J. Kelley, birector, Department of Cortgnunity Services
RE: Council Resolution accepting
Metropolitan Council Development Grant
Hidden Falls Park
ACTION REQUESTED:
Approval of Resolution for submission
to City Council
.
PURPOSE AND RATIONALE FOR THIS ACTION:
Th�s is necessary to officially certify
City acceptance of the above-named grant
ATTACHIKENTS :
Council Resolutio�n - for signature
Metro Grant - reference copy