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266668 WHITE - CITY CLERK ��1�� PINK - FINANCE COl1IlC11 � CANARV - DEPARTMENT GITY OF SAINT PALTL File NO. BLUE - MAYOR ' - ' Resolution . Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the proper City officials are hereby authorized and directed to execute a grant agreement between the Metropolitan Council and the City of Saint Paul whereby the Metropolitan Council will grant to the City an amount not to exceed $1 ,124,000 in assistance of the City's recreation and open space development program at Phalen Park. Deposit Grant monies to the Permanent Improvement Revolving Fund 60000-3602(Contract #7770) Approved as to funding: �A�rector ce and rvices p� COUIVCILMEN Requested by Department of: Yeas Nays � Christensen COCIfiIU �ty � Hunt In Favor Levine ��` 0 Against BY Sylvester Tedesco President� Hozza JA� 2 2 �� Form A e City ey Adopted b� ncil: Date � Cer ' ied Pass Co ci ecretar� BY ` By Appro Ma ate � � �9 Approv Ma i ion o ouncil By By �.�s�+� ,�AN 3 � �� . �ssss� Contract No. AGREEMENT AN AGREEMENT, Dated this day of , 1975, by and between the METROPOLITAN COUNCIL, hereinafter referred to as the "Council" , and the CITY OF SAINT PAUL, Minnesota, hereinafter referred to as the "City"; WITN ESS ETH: WHEREAS, The Council has been authorized by the Metropolitan Parks Act, Minnesota Statutes , Section 473G.01, et seq. to make graints-in-aid to municipalities, situated wholly or partly within the Metropolitan Area for the purpose of development of regional recreation open space; and WHEREAS, The City, an eligible governmental unit, has made preliminary application for such grant-in-ald to accomplish the development of the recreation and open space lands in Phalen Park by means of the Pro jects listed on Exhibit A attached hereto, hereafter collectively referred to as the Program, NOW, THEREFOFE, THE COUNCIL AND THE CITY AGREE AS FOLLOWS: 1. Development Proqram Documentatian. Prior to the disbursement of � any qrant funds allocated herein, the City shall submit to the Council a Development Program containing proiect documentation. On the Council's � acceptance of such Development Program as satisfactory and complete, said Program shall be incorporated as part of this Agreement, and the City shall develop and implement the Program in accord with the provisions of this Agreement, including the incorporated Program documentation: �s�� A development concept identifying general locations of each Pro ject and a description of the improvements contemplated in connection with each Project. Total estimated cost of each Project within the Program including all costs and expenditures by the City in connection with development incurred after April 13, 1974. . 2. Development Policy. In development of recreation open space areas with the grant funds made available hereby the City aqrees to develop the Program in accord with adopted development plans and policy of the City and to accomplish all Program development (or to have entered into unconditional development agree- ments) within the grant period and in accord with the representations made in 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. Within ten (10) days, the Council shall notify the City of any difficulties it has with the schematic design phase and thereafter the Council shall submit its detailed comments to the City. 3. Authorized Us e of Grant Proceeds. It is understood and agreed that the following costs and expenses shall be the only such costs and expenses paid for out of qrant proceeds. Costs and expenses to be reimbursed shall additionally � be in substantial accord with specifications contained in the Program documentation and other provisions contained herein, and in no event shall the Council's payment - 2. � ' '. � � . �s��s� : � 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, ` , Section 475.65 and Sections 473G.01 et seq. and law incorporated therein. � Further, it is understood that it shall be the individual obligation and responsi- ; � � bility of the City to comply with any and all other applicable laws, regulations, ; i and rules relating to all activities undertaken in connection with the accomplishment ; of the Program. j ; a. The costs of constructing the Projects after , � � j April 13, 1974, and before the expiration of the grant � a 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. Pavment of Grant Proceeds. The Council agrees to make available to the City during the period specified herein the total grant amount of One Million One Hundred Twenty-four Thousand Dollars (51,124,000.00) for the purpose of accomplishing the Program and paying the costs and expenses author- ized pursuant to paragraph 3 herein. � a. Of the total grant award, the Council shall immediately � transfer the amount of $543,930.00 ta the city upon the Council's 3. ��s . �'� . acceptance of the program documentation. Said amount shall . include amounts attributable to eligible development that has previously occuned, and an amount equal to the city's estimated allowable cost expenditures from the commencement of this agreement through December 31, 1975, as set forth in Exhibit B. b. Thereafter, commencing with January 1, 1976, grant funds shall be transferred to the city on or about the beginning of each calendar month or quarter on the basis of the city`s statement of expected allowable costs and expenses (less previously transmitted grant funds on hand) . Such statement and the amount shall be subject to review and acc.eptance by the Council's Chairman. c. Emergencv Punds. In the event that the City's allowable costs and expenses will exceed grant funds on hand, the City may request the immediate transfer of additional grant funds so long as the same are available wfthin the total grant amount limitation. d. 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 con- � sidered 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 xeturn on such funds in such manner as and if requested so to do by;�a� Gcwncil's Chairman. 4. . �ss�� 5. Accounting. a. The City agrees to establish a fund for the Program and establish and maintain a separate control account for each proiect 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 period. 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 audited and/or inspected on City's premises or otherwise by individuals or organizations designated and auttnr ized by the Council at any time following reasonable notifica- tion during the grant period and for a period of three (3) years subsequent. 6. Reports. a. Quarterlv. City shall prepare and submit a Quarterly Progress Report describing the financial, construction, and consulting activities undertaken in connection with each Project. Such report shall contain description of grant funds received and expended, and statement of the 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. . 5 , . ��'�'p �.7 b. Conclusion, Within two months followinq 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 improvements completed and/or commenced, and containinq an independent audit or a certification by the City's chief financial officer, that all grant funds were expended in accordance wfth this Agreement. 7. General Conditions. a. Duration. The perfod of grant award specified herein shall commence on the execution of this Agreement and remain in force and effect until December 31, 1976. At that date, all allo- cated 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 sp�ecifically review and solicit recommendations and advice from th:� Council staff if and when it expects that the following will or t�z�y occur: 6. • , ��'� (1) It appears that a specific Proiect ' will cost in excess of the estimated cost established for that Project in Program documentation. - (2) Total Program cost will exceed the total grant award. (3) If the City expects to have on hand ' at the end of the grant period, more than 15 percent of the total grant amount. c. Rec�ional Use. The City agrees that all completed grant Projects will be developed and used for regional recreation open spaee and park purposes in accadwith 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. Riuhts Reserved. In the event that the Council finds that there has been a failure to comply with the provisions of this Agree- ment, the Council reserves the right to take any and a�l action that it deems necessary or appropriate to protect the interests of the Council. e. ChanQes. In the event that the City, for any reason, determines that the Project should not be undertaken or that there should be a substantial change in the scope or costs of the Project, the City shall submit a statement describinq this sltuation and ,qiving reasons for its determination to the Chairman of the Council. In . addition, the City may simultaneously or within a reasonable time �� . .�-... . , . �6�� following the submission of such a statement, recommend alternative proiects, activities , uses, expenditures or allocations of the grant funds. The Chairman of the Council may immediately approve such recommendation if in accard with the adopted Parks and Open Space Development Guide/Policy Plan, or he may, within ten (10) days follawinq the receipt 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 Council shall thereafter, and within a period not to exceed thirty (30) days review said recommendations 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 this 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. f. Amendments. The terms of this Agreement may be changed or modified by mutual agreement of the parties hereto. Such changes or modifications shall be effective only on execution o� written amendment(s) signed by the authorized representatives of the Council and the City. g. Affirmativ� Action. The City agrees to comply with all applicable laws, rules and regulations, relating to nondiscrimination, ; 8� . � . . .�n�� affirmative action and public purchase, involvement ar�d use. �� In particular, the City agrees not to discriminate aqainst any employee or appllcant for employment because of race, color, religion, sex or national oriqin, 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 compensation, and selection for training. In addition, the City agrees to provide binding affirmative action and equal employment provisions fn any contract it enters into involving the provision of work or services which will be paid for in whole or in part out of the grant proceeds. IN WITNESS WI�REOF, The parties hereto have caused this Agreement to be executed on the day and year first above written by their authorized repres entatives. METROP COUNC Approved as to legal form and adequacy: By � - Its Metropolitan Counc 1 Staff Attorney AUL Approved as to legal form and adequacy; Mayor Assistant City Attorney Director, Department of Finance and Management Services � 9� . � li { • . . . , �� NOVEMBER 21, 1975 V EXHIBIT A 1975-76 CONSTRUCTION: PHALEN PARK REDESIGN PROJECT METROPOLITAN PARKS & OPEN SPACE FUNnING ITLMS COST ROADWAYS A). Phalen Drive & Beach Parking (tdheelock to Beach) $ 123,927.00 B). Phalen Drive (Beach to U.S. 61) � Also includes parking for Lakeside, picnic & amphitheater 340 000,00 . C). Cross Country Skiing parking 15,000.00 GENERAL PARK IMPROVEMENTS i A). Cross Country Skiing portion of Clubhouse 125,000.00 B). Beach Area . 1). Building 120,000.00 2). Site Work 50,000.00 C). Picnicking 1). Building 225,000.00 2). Site Work 27,570,00 D). Erosion Control, sod, seeding, . topsoil and grading 32,500.00 �: E). Miscellaneous Construction Work 14,600.00 ` . ADDITIONAL MISCELLANEOUS EXPENSES A). Demolition 1). Parkway Drive and Park buildings 5 000.00 2). West Shore Drive and concert and � maintenance� building 5 100.00 3). Beach House 2,000.00 B). Utilities 1). Water y 12,850-.00 2). Sanitary Sewer 25,453.00 � TOTAL $ 1,124,000.00 � s � t . ° � , . . • • � � NQVEMBER 21, 1975�� • . ��'U • EXHIBIT B PAYMENT: FOURTH QUARTER OF 1975 ROADWAYS Phase I Road Construction, Phalen Drive (from Wheelock Parkway past large beach parking lot) Bid Opening; August 13, 1975 Bid Price $ 65,652.00 Beach Area Parking Lots Bid Opening: August 13, 1975 Bid Price $ 58,275.00 Phase II Road Construction, Remaining Portion of Phalen Drive (from Beach Parking to Arcade St.). � Also includes parking for picnicking, lakeside, amphitheater and cross country skiing areas. Estimated Bid Opening: December 24, 1975 Estimated Bid Price $ 355,000.00 MISCELLANEOUS CONSTRUCTION WORK Moving stone pillars to new entrance Bid Opening: March 6, 1975 50% Bid Price $ 1,750.00 Stone Wall construction and center entrance pillar work. Park work force for, 1975 50% of expenditures, labor and materials $ 12,850.00 w 1 . .. o w �� UTILIT IE S Water mains 45% of total completed. . 50� of expenditures todate $ 12,850.00 Sanitary Sewer Main and Lateral Lines Bid Opening: April 29, 1975 50% Bid Price $ 25,453.00 DEMOLITION Parkway Drive and Park Building Bid Opening: September 25, 1974 50% demolition of work in areas of regional significance $ 5,000.00 West Shore Drive, concert and Maintenance Buildings , Bid Opening: May 14, 1975 50°� Bid Price $ 5,100.00 Phalen Beach House Bid Date: October 17, 1975 50% Bid Price $ 2,000.00 4TH QUARTER 1975 TOTAL $ 543,930.00 . . ;l. � :. � : . 9C�`*�q � `j� �1,w . � - 'a�.^ � , ' , �� ' �:� �'. ..• � '.C!.i° � y�S�._'�'�Pi � � �� ` � •a � �� c � ,, . , � , ��t ;_ t . s � �;�� . S�� _ a_ - � t, ' � �, � � � + � '� E � h �'`� r�33 . . .. . `*-' ;. ;% �° '� ,� *�� , ",� ( ��9 +"' �'�,.�Y"`3 '�'��::�. T�.`3 ,� _ �': � s�` �� '. 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