03-191Council File # C� 3� �q �
Green Sheet # 204352
RESOLUTION
OF SAINT PAUL, MINNESOTA a',�
Presented By
Referred To / II /1 Committee: Date
Approval to Accept and Expend Livable Communities Funds from the Metropolitan
Council for the University and Dale Transit Oriented Development Study
WHEREAS, the City of Saint Paul was awarded a Livable Communities Opportunity Grant from the
Metropolitan Council to conduct Transit Oriented Development Planning for the area azound the University
Avenue and Dale Street intersection in 2002; and
WHEREAS, the said grant provides the sum $45,000 for the purpose of the study to be drawn down as
expenses are incurred based upon a requirement fhat the City match the said sum on a doliar for dollar basis;
and
WfIEREAS, the grant has additional requirements as set forth in the document entitled Metropolitan
Liveable Communities Act, Liveable Communities Demonstration Account, Opportunity Crrant Agreement
[contract no. SG-02-98]; and
WHEREAS, the Mayor, pursuant to section 10.07.01 of the Charter of the City of Saint Paul, does
certify that there are available for appropriation funds in the sum $45,000 in excess of those estimated in the
2003 budget; NOW, THEREFORE,
BE TT RESOLVED, by the Council of the City of Saint Paul, that approval is hereby gxanted to amend
the 2003 budget, accepting funds from the Metropolitan Council, to be expended for the purposes of the
University and Dale TOD Study; and
BE TT Fi.JRTHER RESOLVED, that the Council directs the appropriate City staff to enter into the above
referenced agreement which is attached hereto and incorporated herein by reference; and
$E TT FCIR'THER RESOLVED, that the City thanks the Metropolitan Council for its support of transit
oriented development in the City of Saint Paul.
25 BE IT FURTHER RESOLVED, the Saint Paul Ciry Council adopts the following changes to the 2003 p3' ���
26 budget:
27
28 101 STATE GRANT FiJND Current Budget Change Amended Budset
29
30 FINANCING PLAN
31 Metro Council Grant
32 101-36303-3802-61661 0 45 000 45,000
33 Total 0 45,000 45,000
34
35 SPENDING PLAN
36 University Dale TOD Study
37 101-36303-0299-61661 0 45 000 45.000
38 TOTAL 0 45,000 45,000
39
52 .
53
54 Adoption
55
56 sy: �
57
58 Approved
59
60 sy: �
Requested by Department of:
.�M • • ! � -a -,. � • -
: ,�����/��
ty Attorney
� DEPARTMENT/OFFICE/COUNCIL: PED DATE INYI7ATED GREEN SHEET No.: 204352 O7 �«�
� 1-15-03
corrrncr rExsox & rxorvE: Allen '""��`"' IN '� j ��� A �
Lovejoy � 3 PED DII2ECTOR _ CITY COUNCIL D. BOSTROM
ASSIGN 4_CITY ATTORNEY� _ CITY CLERK
MI7ST BE ON COUNCII, AGENDA BY (DATE) �7Mggg 7_ FINANCIAL SERV/ACCTG
� FOR 5 MAYOR (OR ASST.) 6 Human Rights Director
ROUTING 1 PED Team Leader s, 1�. 2 PED Accomtin� �
ORDER
TOTAL #t OF SIGNATURE PAGES S�Y (CLIP ALL LOCA'ITONS FOR SIGNATORE)
acrioN xEQUESxen: Si� contract for $45,000 with the Metropolitan Council to receive the Livable Communities Grant.
�° RECOMIvvIENDAITONS: Approve (A) or Reject (R) PERSONAI. SERVICE CONTRACfS MUST ANSWER 14IE FOLLOWING
QUESTIONS:
PLANNING CONA�IISSION 1. Has this person/fimi ever worked under a conNact for this departrnent?
CIB COMP�IITTEE Yes No
CIVIL SERVICE COMMISSION 2. Has this person/fi�m ever been a ciry employee?
Ys No
, 3. Does this person/f�m possess a skill not no:malty possessed by any current ciry employee?
Yes No
Explain all yes answers on separare sheet and attach to green sheet
� INl'CIATING PROBLEM, ISSiJE, OPPORTIJNII'P (R'ho, Whay When, wne�e, wn The City of Saint Paul was awarded a Livable
' Communities Opportunity (Plam�ing) Grant of $45,000 from the Metropolitan Council to plan transit oriented
development at University Avenue and Dale Street.
nnvnivTncES � nrrxovEn: City is able to conduct a planning study at a major intersection along University Avenue --
the City's primary transit corridor -- including potential sites for housing.
D7SADVANTAGES IF APPROVED: N0118
nisanv.aivTacES iF rroT arrxovEn: City would be unable to conduct planning needed to redevelop blighted and
underutilized properry.
� TOTAL AMOUNT OF'1BANSACTION: $45,000 COST/REVENUE BUDGETED: $45,000
Fi1NDINGSOURCE: MefropolitanCouncil ACTIVITYNIJMBER:101-36303-3502-61661 �
FINANCIAL INFORMATION: (EXPLAII� /
Fund 148
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conna�t No. sc-oz-9s
METROPOLTTAN LIVABLE COMMUrTITIES ACT
LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT
OPPORTIJNITY GRANT AGREEMENT
THIS AGREEMENT is entered into by the Metropolitan Council ("the Council") and the City
of Saint Paul ("khe Grantee").
WHEREAS, Minnesota Statutes section 473.251 creates the Metropolitan Livable Communities
Fund, the uses of which must be consistent with and promote the purposes of the Metropolitan
Livable Communities Act and the policies of the Metropolitan Development Guide adopted by
the Council; and
WHEREAS, Minnesota Statutes sections 473.251 and 473.253 establish within the Metropolitan
Livable Communities Fund a Livable Communities Demonstration Account and require the
Council to use the funds in the account to make grants or loans to municipalities participafing in
the Local Housing Incentives Program under Minnesota Statutes secfion 473.254 or to
metropolitan-area counties or development authorifies to fund the initiatives specified in
Minnesota Statutes section 473.25, paragraph (b), for projects in participating municipalities; and
WHEREAS, the Council makes Livable Communities Demonstration Account funds available
as "Opporttanity Grants" to fund local initiatives to develop project-specific and site-specific
plans according to Smart Growth principles; and
WF�REAS, the Council requires that Livable CommuniYies Demonstrarion Account
Opporiunity Grants must be matched on a dollar-for-dollaz basis by the municipality, county, or
development authority receiving the funds, or their project partners; and
WHEREA5, the Grantee is a municipality participating in the Local Housing Incentives
Account program under Minnesota Statutes section 473.254 or a metropolitan-area county or
development authority, has submitted an application for a Livable Communities Demonstration
Account Opporiunity Grant in response to the Council's request for applications, and has
idenrified the required local match; and
WHEREA5, at its July 24, 2002, regular meeting, the Council awazded Livable Communities
Demonstration Account OpportuTUty Grants to certain projects, including the project described in
the Grantee's applicadon for a Livable Communities Demonstration Account Opporhinity Grant.
NOW THEREFORE, in consideration of the mutual promises and covenants contained in this
agreement, the Grantee and the Council agree as follows:
Page 1 of 7 Pages
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I. DEFINITIONS
1.01 Definition of Terms. For the purposes of this agreement, the terms defined in
this pazagraph have the meanings given them in this pazagraph unless otherwise provided or
indicated by the context. �
(a) "Metropolitan Area" means the seven-county metropolitan area as defined by
Minnesota Statutes section 473.121, subdivision 2.
(b) "Municipality" means a statutory or home rule charter ciiy or town participating
in the Local Housing Incentives Account Program under Minnesota Statutes
section 473.254, or a county or development authority in the Metropolitan Area,
including housing and redevelopment authorities, economic development
authorities, and port authorities.
(c) "Participating MunicipaZity" means a statutory or home rule charter city or town
which has elected to participate in the Local Housing Incentive Account program
and negotiated affordable and life-cycle housing goals for the Municipality
pursuant to Minnesota Statutes section 473.254.
IL GRANT AND MATCHING FUNDS
2.01 Total Grant Amount. The Council will grant to the Grantee a maximum total
grant amount of $45,000.00, which shall be funds from the Livable Communities Demonstration
Account of the Metropolitan Livable Communities Fund. Notwithstanding any other provision
of this agreement, the Grantee understands and agrees that any reduction or terminafion of
Livable Communities Demonstrarion Account grant funds made available to the Council may
result in a like reduction to the Grantee.
2.02 Authorized Use of Grant and Matching Funds. The Grantee's match and the
total grant amount made availabie to the Grantee under this agreement shall be used only for the
purposes and activities described in the Grantee's application for Livable Communities
Demonstration Account grant funds. A summary of the Grantee's application which idenrifies
eligible uses of the funds is attached to and incorporated into this agreement as Attachment A. If
the provisions of the Grantee's application aze inconsistent with other provisions of this
agreement, the other provisions of this agreement shall take precedence over the provisions of the
application.
Grant and matching funds must be used to fund the initiatives specified in Minnesota Statutes
section 473.25, paragraph (b), in a Partieipating Municipality. Grant funds must be used for
costs directiy associated with the specific proposed activiries and are intended to be used for
"hard costs" rather than "soft costs." Ineligible uses include: aduzuiistrative overhead; acrivities
prior to the date of the grant awazd; trauel expenses; legal fees; pernuts, licenses, or authorization
fees; costs associated with preparing other grant proposals; operating expenses; comprehensive
planning costs; and prorated lease and salary costs. If consistent with the application, the
Page 2 of 7 Pages
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Grantee may use the grant funds to make deferred loans (loans made without interest or periodic
payments), revolving loans (loans made with interest and periodic payments) or otherwise make
the grant funds available on a"revolving" basis for the purposes of implementing the project
activities described in Attachment A.
The Council shall beaz no responsibility for cost ovemxns wluch may be incurred by the Crrantee
or others in the implementation or performance of the project activities described in Attachxnent
A• The Crrantee agrees to remit to the Council in a prompt manner: any unspenf grant funds; any
grant fixnds which aze not used for the authorized purposes specified in this paragraph; any
interest eaniings described in pazagraph 2.05 which aze not used for the purposes of
implementing the project activities described in Attachment A; and any °°revolved" funds
described in pazagraph 2.05 that aze not used by the Grantee to unplement affordable and life-
cycle housing nutiafives pursuant to paragraph 2.05. The Grantee must complete all major
components of the grant project as proposed and for which the Council made its grant award and
perform the special conditions stated in Attachment A, or the Grantee must return to the Council
the entire grant amount specified in pazagraph 2.01 of this agreement.
2.03 Budget Variance. A variance of ten percent (10%) in the amounts ailocated to
various eligible uses idenfified in Attachment A shall be considered acceptable without fiu
documentation or Council approval. Budget variances exceeding ten percent (10%) may require
approval of the governing body of the Council. Notwithstanding the aggregate or net effect of
any variances, the CounciPs obligation to provide grant funds under this agreement shall not
exceed the maximuxn total grant amount specified in paragraph 2.01 of this agreement.
2.04 Disbursement Schedule. The Council will disburse the grant funds to the
Grantee in accordance with the grant fund disbursement schedule contained in Attachxnent B,
attached to and made a part of this agreement. The Councii will make disbursements only upon
receipt of a written disbursement request from the Grantee's authorized agent or representaxive.
2.05 Interest Earnings and Revolved Funds. If the Grantee earns any interest or
other income from the grant funds received from the Council under this agreement, the Grantee
will use the interest earnings or income only for the purposes of implemen6ng the project
activifies described in Attachment A. If the Grantee uses the grant funds on a`Yevolving" basis
or otherwise receives revolved funds from the project activities described in Attachment A, the
Grantee must: (a} use the revoived funds to implement similar eligible projects that will help the
Grantee meet its affordable and life-cycle housing goals and ixnplement the purposes of
Minnesota Statutes sections 473.25, 473.254 and 473.253; or (b) return the revolved funds to the
Council for use with other eligible projects. The Grantee shall report to the Council any revolved
funds received by the Grantee and the Grantee's uses of those revolved funds.
2.06 Effect of Grant. Issuance of ttris grant neither implies any Council responsibility
for contamination, if any, at the project site nor imposes any obligation on the Council to
participate in any pollution cleanup of the project site, if such cleanup is undertaken or required.
Page 3 of 7 Pages `/ �C
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2.07 Matching Funds. The Grantee has an obligation under this agreement to share in
the costs of the project by providing, directly or through project partners, at least a one hundred
percent (100%) match of cash or services from sources other than the Livable Communities
Demonstration Account. The Crrantee agrees that ffiere will be no reduction in the monetary
amount of match unless there is at the same time a proportionate reduction in the maximum total
grant amount. The Grantee must include in the reports required by article III the amount and
source of matching funds obtained and expended on specific project acfivities.
III. ACCOi1NTING, AUDIT, AND REPORT REQUIREMENTS
3A1 Accounting and Records. The Grantee agrees to establish and maintain accurate
and complete accounts and records relating to the receipt and expenditure of all grant funds
received from the Council. Notwithstanding the expiration and terminaflon provisions of
paragraphs 4A1 and 4.02, such accounts and records shall be kept and maintaixied by the Grantee
for a period of six (6) yeazs following the completion of the project activities described in
Attachment A or six (6) years following the expendirixre of the grant funds, whichever occurs
eazlier. For all expenditures of grant funds received pursuant to this agreement, the Grantee will
keep proper fmancial records including invoices, contracts, receipts, vouchers, and other
appropriate docuxnents sufficient to evidence in proper detail the nature and propriety of the
expenditure. Accounting methods shall be in accordance with generally-accepted accounting
principles.
3A2 Audits. The above accounts and records of the Grantee sha11 be audited in the
same manner as a11 other accounts and records of the Grantee are audited and may be audited or
inspected on the Grantee's premises or otherwise by individuals or organizations designated and
authorized by the Council at any time, following reasonable notification to the Grantee, for a
period of six (6) years following the completion of the project activities described in Attachment
A or six (6) yeazs following the expenditure of the grant funds, whichever occurs earlier.
3.03 Report Requirements. The Crrantee will provide to the Council one or more
written reports on the status of the project activities described in Attachment A and the
expenditures of the gant funds. The reporting schedule and the content of the written report(s)
are identified in Attachment C, attached to and made a part of this agreement.
3.04 Environmental Site Assessment. The Grantee represents that a Phase I
Environmental Site Assessment or other environmental review has been or will be carried out, if
such environxnental assessment or review is appropriate for the scope and nature of the project
activifies funded by this grant, and that any environmentai issues have been or will be adequately
addressed.
IV. AGREEMENT TERM
4,Q l Term. This agreement is effective upon execufion of the agreement by the
Council. Unless ternunated pursuant to pazagraph 4.02, this agreement expires December 31,
2004.
Page 4 of 7 Pages
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4.02 Terminafion. This agreement may be ternunated by the Council for cause at any
time upon fourteen (14) calendar days' written notice to the Grantee. Cause shall mean a
material breach of this agreement and any amendments of this agreement. If this agreement is
terminated, the Grantee shall receive payment on a pro rata basis for project activities described
in Attachment A that have been completed. Termination of this agreement does not alter the
Council's authority to recover grant funds on the basis of a later audit or other review, and does
not alter the Grantee's obligation to return any grant funds due to the Council as a result of later
audits or corrections. If the Council determines the Grantee has failed to comply with the terms
and conditions of this agreement and the applicable provisions of the Metropolitau Livable
Communities Act, the Council may take any action to protect the Council's interests, and may
refuse to disburse additional grant funds and may require the Grantee to return all or part of the
grant funds already disbursed.
4.03 Amendments. The Council and the Grantee may amend this agreement by
mutual agreement. Amendments, changes, or modifications of this agreement shali be effective
only on the execution of written amendments signed by authorized representatives of the Council
and the Grantee.
V. GENERAL PROVISIONS
5.01 Nondiscrimination; Equal Opportunity. The Grantee agrees it will not
discriminate against any employee or applicant for employment because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, membership
or activity in a local civil rights commission, disability, sexual orientation, or age. The Grantee
further agrees to act affinnatively to insure applicants and employees are treated equally with
zespect to all aspects of employment, rates of pay and other forms of compensation, and selection
for traiivng.
5.02 Conflict of Interest. The members, officers, and employees of the Grantee shall
compiy with all applicable state statutory and regulatory conflict of interest laws and provisions..
5.03 Liability. To the fullest extent permitted by law, the Grantee shall defend,
indemnify, and hold harmless the Council and its members, employees, and agents from and
against all claims, damages, losses, and expenses, including, but not limited to, attorneys' fees,
arising out of or resulting from the conduct or implementation of the project activities funded by
this grant. Claims included in this indemnification include, without limitation, any claixns
asserted pursuant to the Minnesota Environmental Response and Liability Act (MERLA),
Minnesota Statutes chapter llSB, the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA) as amended, 42 U.S.C. sections 9601 et
seg., and the federal Resource Conservation and Recovery Act of 1976 (RCRA) as amended, 42
U.S.C. sections 6901 et seq. This obligation shall not be construed to negate, abridge, or
otherwise reduce any other right or obligation of indemnity which otherwise would exist between
the Council and the Grantee. The provisions of this paragraph shall survive the termination of
this agreement. This indemnificafion shall not be construed as a waiver on the part of either the
Page S of 7 Pages
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Grantee or the Council of any nnmunities or limits on liability provided by Minnesota Statutes
chapter 466, or other applicable state or federal law.
5.04 Acl�owledgments. The Grautee shall acl�owledge the financial assistance
provided by the Council in promotional materials, press releases, reports, and publications
relating to the project acfivities described in Attachment A which are funded in whole or in part
with the grant funds. The aclmowledgment should contain the following language:
Financing for this project was provided by the Metropolitan Council
Metropolitan Livable Communities Fund.
Until the project acfivities funded by this agreement are completed, the Grantee shall ensure the
above acknowiedgment language, or alternative language approved by the Council's authorized
agent, is included on all signs located at project or construction sites that identify project
sponsors or entities providing fmancial support for the project.
5.05 Permits, Bonds, and Approvals. The Council assumes no responsibiliTy for
obtaining any applicable local, state, or federallicenses, pemuts, bonds, authorizations, or
approvals necessary to perform or complete the proj ect activities described in Attachment A.
5.06 Contractors and Subcontractors. The Grantee shall include in any contract or
subcontract for project activities appropriate contract provisions to ensure contractor and
subcontractar compliance with a11 applicable state and federal laws. Along with such provisions,
the Grantee shall require that contractors and subcontractors performing work covered by this
grant comply with all applicable state and federal Occupational Safety and Health Act
regulations.
5.07 Stormwater Discharge Requirements. If any grant funds are used for urban site
redevelopment, the Grantee shall at such redevelopment site meet or require to be met:
(a) all requirements of federal and state law relating to stormwater discharges including,
without limitation, any applicable requirements of title 40, Code of Federal
Regulations, parts 122 and 123; and
(b) any additional requirements of the CounciP s Interim Strategy to Reduce Nonpoint
Source Pollution to All Metropolitan Water Bodies (1992) including, without
limitation: (1) the requirement to utilize the Minnesota Pollution Control Agency's
urban best management pracfices entifled Protecting Water Quality in Urban Areas;
and (2) the requirement that all stormwater must be pretreated by facilities designed to
provide pollutant removal efficiencies equal to or greater than those observed in wet-
detention basin facilities designed in accordance with the National Urban Runoff
Program (NIJRP) design criteria.
5.08 Attachments. The following are attached to this agreement and are incorporated
into and made a part of this agreement:
Page 6 of 7 Pages
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(a)
Attachment A- Sun�ary of the Grantee's application for Livable Communities
Demonstration Account Opporhmity Grant funds, as approved
by the Council
�)
(c)
Attachment B- Grant Fund Disbursement Schedule
Attachment C- Written Report Submission Schedule
5.09 Warranty of Legal Capacity. The individual signiug this agreement on behalf
of the Grantee represents and warrants on the Grantee's behalf that the individual is duly
authorized to execute this agreement on the Grantee's behalf and that this agreement constitutes
the Grantee's valid, binding,and enforceable agreements.
IN WITNESS WHEREOF, the Grantee and the Council have caused this agreement to be
executed by their duly authorized representatives. This agreement is effective on the date of final
execution by the Council.
Approved as to form:
Lynn M. Belgea
OfFice of General Counsel
METROPOLITAN COUNCIL
�
Elizabeth J. Ryan, Director
Housing and Livable Communities
Date:
CITY
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Rsst, City r?ttorne�
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02098-OX.doc
Page 7 of 7 Pages
P.
Fuiler, Director
e and Econo,xiic
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ATTACHiV�NT A
APPLICATION FOR
LIVABLE COD'IlVIUNITTES DEMONSTRATION ACCOiJ1�T
OPPOR'I'UrTITY GRANT F`UNDS
This attachment comprises tlus page and page A-2 and contains a summary of ihe proposed project
identified in the Grantee's grant application which was submitted in response to the Council's
notice of availability of grant funds in April, 2002. The summary reflects the Grantee's proposed
project as approved by the Council on July 24, 2002, and may reflect changes in project funding
sources, changes in funding amounts, or minor changes in the proposed project that occurred
subsequent to the application submission. The Grantee's grant application is incorporated into this
grant agreement by reference and is made a part of this grant agreement except as follows: If the
Grantee's application or any provision in the grant application conflicts with or is inconsistent with
other provisions of this agreement or the project stuiunary contained in this Attachxnent A, the _
terms, descriptions, and dollar amounts contained in this agreement and the project suuimary
contained on page A-2 shall prevail.
A-1
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Applicant: St Paul Recommended F�nding Amount: $45,000
Projeet Name: University Ave. and Dale Street Transit Oriented Development
Project Description
Development study for three comers of the UniversityNale intersection to transform an older
city neighborhood with an increasingly diverse population along a traditional street-caz line from
auto-dominated uses to lugher density, transit-oriented development. A 2001 Qpportunity Grant
is being used to do sunilaz planning for two other nodes in the corridor.
Project Goals, Tasks or Outcomes
The City of Saint Paul Comprehensive Plan, Land Use Chapter adopted in 1999 identifies University
Avenue as one of the five primary corridors addressed in the plan. This project will also specifically
support Objective 5.5.2 which states: "The City will encourage more housing and jobs to locate along
high-service bus routes." The Transportation Plan of the Comprehensive Plan includes policies that
support the development of transit as part of a regional system that also serves the economic development
efforts in Saint Paul and enhances its neighborhoods. While not direcUy linked, this is to complement the
stafion planning process of the Central Corridor transit study.
Staff Review Team Comments
• Good timing
• Good sense of vision
• The project will lay the groundwork for land use that links to the future Central Corridor
• It's important to do this kind of plamring in preparation for development of transitways
Concem:
• Application does not address stormwater management. This project presents an excellent
opportuiuty to reduce/replace impervious area with green space and to ixnplement innovative
stormwater management practices.
Funding Reqnested/Funding Recommended
$40,000
$40,000 Detail site plans,
market studv
Total Recommended:
Revisions based on public review and
Create roromotional materials
Development Timeline
The project would begin ixnxnediately upon receiving funding from the Metropolitan Council and
last no more than 10-14 months. While not directly linked, this is to complement the station
plamiing process of the Centrai Corridor transit study.
Local Match
$45,000 - City and/or community partners staff or services or cash expenditures.
A-2
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ATTACffi1�NT B
GRANT FUND DISBURSEMENT SCHEDULE
The m�imum total grant amount specified in paragraph 2.01 of this agreement shall be disbursed to
the Crrantee for uses consistent with this agreement according to the following schedule:
The Council will disburse grant funds in response to written disbursement requests
submitted by the Grantee and reviewed and approved by the Council. Written
disbursement requests shall indicate the project activity funded by this agreement, the
contractor(s)/vendor(s) to be paid, and the time period within which the project
activity was or will be performed. Disbursements prior to the performance of a
project activity will be subject to terms and condirions mutually agreed to by the
Council's authorized agent and the Crrantee. Individual disbursement requests should
specify the pro}ect or activity to be funded and identify dollaz amounts by project or
activity. Subject to verificafion of a written disbursement request and approval for
consistency with this agreement, the Council will disburse a requested amount to the
Grantee within fifteen (15) business days after receipt of a written disbursement
request.
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ATTACHIV�NT C
WRITTEN REPORTS AND SUBNIISSION SCHEDiTLE
Be�uming three (3) months after the Grantee initially receives grant funds, the Grantee shall submit
to the Council written quarterly reports wluch shall contain at least the following elements:
A summary of grant funds received and expended to date, including a
description of the purposes or uses far which the grant funds were expended;
and
A sumuiary of matching funds contributed and expended to date, including a
description of the purposes or uses for which the matching funds were
expended;and
A statement of expected grant and matching fund expenditures within the
next quarter.
The Grantee's final written quarterly report sha11 be submitted within two (2) months following the
expendihue of all grant funds and the required match by the Grantee and shall contain a certificafion
by the Grantee's chief financial officer that a11 grant and matching funds have been expended in
accordance with this agreement and the provisions of the Yvietropolitan Livable Communities Act.
The Grantee also shall complete and submit to the Council a Monitoring and Evaluation Report
which will assist the Council in monitoring and evaluating the implementation of the Livable
Communities Demonstration Account program. The cozstents, format, and completion date of the
Monitoring and Evaluation Report will be determined by the Council. This reporting requirement
and the reporting requirement of paragraph 2.05 sha11 survive the temunation ar expiration of this
agreement.
AUTHORIZED AGENT
The Council's authorized agent for the purposes of administering this agreement is Wayne Nelson
or another designated Council employee. The written report(s) submitted to the Council sha11 be
directed to the attention of the Council's authorized agent at the fol�owing address:
Metropolitan Council
Meazs Pazk Centre
230 East Fifth Stieet
Saint Paul, Minnesota 55101-1634
G1
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Contract No. SG-02-98
METROPOLTTAN LIVABLE COMMUNITIES ACT
LIVABLE COMMUNTTIES DEMONSTRATION ACCOUNT
OPPORTiJ1VITY GRANT AGREEMENT
THIS AGREEMENT is entered into by the Metropolitan Council ("the Council") and the City
of Saint Paul ("the Grantee").
WHEREAS, Minnesota Statutes section 473.251 creates the Metropolitan Livable Communities
Fund, the uses of which must be consistent with and promote the purposes of the Metropolitan
Livable Communities Act and the policies of the Metropolitan Development Guide adopted by
the Council; and
WHEREAS, Minnesota Statutes sections 473.251 and 473.253 establish within the Metropolitan
Livable Comxnunities Fund a Livable Communities Demonstration Account and require the
Council to use the funds in the account to make grants or loans to municipalities participating in
the Local Housing Incentives Program under Minnesota Statutes section 473.254 or to
metropolitan-area counties or development authorifies to fund the initiatives specified in
Minnesota Statutes section 473.25, paragraph (b), for projects in participating municipalities; and
WHEREAS, the Council makes Livable Communities Demonstration Account funds available
as "Opportunity Grants" to fund local initiatives to develop project-specific and site-specific
plans according to Smart Growth principles; and
WHEREAS, the Council requires that Livable Communities Demonstration Account
Opportunity Grants must be matched on a dollar-for-dollar basis by the municipality, county, or
development authority receiving the funds, or their project partners; and
WHEREAS, the Grantee is a municipality participating in the Local Housing Incentives
Account program under Minnesota Statutes section 473.254 or a metropolitan-area county or
development authority, has submitted an application far a Livable Communities Demonstration
Account Opporhuiity Grant in response to the Council's request for appiications, and has
identified the required local match; and
WI�EREAS, at its July 24, 2002, regulaz meeting, the Council awarded Livable Communities
Demonstration Account Opportuniry Grants to certain projects, inciuding the project described in
the Crrantee's application for a Livable Communities Demonstration Account Opporhuiity Grant.
NOW THEREFORE, in consideration of the mutual promises and covenants contained in this
agreement, the Grantee and the Council agree as follows:
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I. DE�INITIONS
lAl Definifion of Terms. For the purposes of this agreement, the terms defined in
this paragraph have the meanings given them in this paragaph unless otherwise provided or
indicated by the conte�. �
(a) "Metropotitan Area" means the seven-county metropolitan area as defined by
Minnesota Statutes section 473.121, subdivision 2.
(b) "MunicipaZity" means a statutory or home rule charter city or town participating
in the Local Housing Incentives Account Program under Miunesota Statutes
section 473.254, or a county or development authority in the Metropolitan Area,
including housing and redevelopment authorities, economic development
authorities, and port authorities.
(c) "Participating Municipality" means a statutory or home rule charter city or town
which has elected to participate in the Local Housing Incentive Ac.count program
and negotiated affordable and life-cycle housing goals for the Municipality
pursuant to Mimiesota Statutes section 473.254.
II. GRANT AND MATCHING FUNDS
2.01 Total Grant Amount. The Council will grant to the Grantee a m�imum total
grant amount of $45,000.00, which shall be funds from the Livable Communities Demonstrafion
Account of the Metropolitan Livable Communities Fund. Notwithstanding any other provision
of this agreement, the Grantee understands and agrees that any reduction or termination of
Livable Communities Demonstration Account grant funds made available to the Council may
result in a like reduction to the Grantee.
2.02 Authorized Use of Grant and Matching Funds. The Grantee's match and the
total grant amount made available to the Grantee under this agreement shall be used only for the
purposes and activities described in the Grantee's application for Livable Communities
Demonstration Account grant funds. A summary of the Grantee's application which identifies
eligible uses of the fixuds is attached to and incorporated into this agreement as Attachment A. If
the provisions of the Grantee's application are inconsistent with other provisions of this
agreement, the other provisions of this agreement shail take precedence over the provisions of the
application.
Grant and matching funds must be used to fund the initiatives specified in Minnesota Statutes
section 473.25, pazagraph (b), in a participafing Municipality. Grant funds must be used for
costs directly associated with the specific proposed activifies and are intended to be used for
"hazd costs" rather than "soft costs." Ineligible uses include: administrative overhead; acfivifies
prior to the date of the grant awazd; travel expenses; legai fees; permits, licenses, or authorization
fees; costs associated with preparing other grant proposals; operating expenses; comprehensive
placuiing costs; and prorated lease and salary costs. If consistent with the application, the
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Grantee may use the grant funds to make defened loans (loans made without interest or periodic
payments), revolving loans (loans made with interest and periodic payments) or otherwise make
the grant funds available on a"revolving" basis for the purposes of implementing the project
acfivities described in Attachment A.
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The Council shall bear no responsibility for cost overruns which may be incurred by the Cnantee
or others in the implementation or performance of the project activities described in Attachment
A• The Crrantee agrees to remit to the Council in a prompt manner: any unspent grant funds; any
grant funds which are not used for the authorized purposes specified in this paragraph; any
interest eanrings described in pazagraph 2.05 which are not used for the purposes of
implementing the project acfivities described in Attacl�ment A; and any "revolved" funds
described in paragraph 2.05 that are not used by the Grantee to amplement affordable and life-
cycle housing initiatives pursuant to paragraph 2.05. The Grantee must complete all major
components of the grant project as proposed and for which the Council made its grant award and
perform the special conditions stated in Attachxuent A, or the Grantee must rehxtn to the Council
the entire grant amount specified in paragraph 2.01 of this agreement.
2.03 Budget Variance. A variance of ten percent (10%) in the amounts allocated to
various eligible uses identified in Attachment A shall be considered acceptable without fiirther
documentafion or Council approvai. Budget variances exceeding ten percent (10%) may require
approval of the governing body of the Council. Notwithstanding the aggregate or,net effect of
any vaziances, the Councii's obligation to provide grant fixnds under this agreement sha11 not
exceed the masimuxn total grant amount specified in pazagraph 2.01 of this agreement.
2.04 Disbursement Schedule. The Council wiil disburse the grant funds to the
Grantee in accordance with the grant fund disbursement schedule contained in Attachment B,
attached to and made a part of this agreement. The Council wi11 make disbursements only upon
receipt of a written disbursement request from the Grantee's authorized agent or representative.
2.05 Interest Earnings and Revolved Funds. If the Grantee eams any interest or
other income from the grant funds received from the Council under this agreement, the Grantee
will use the interest earnings or income only for the purposes of implementing the project
activities described in Attachment A. If the Grantee uses the grant funds on a`Yevolving" basis
or otherwise receives revolved funds from the project activities described in Attachment A, the
Grantee must: (a) use the revoived funds to unpiement similar eligible projects that will help the
Grantee meet its affordabie and life-cycle housing goals and ixnplement the purposes of
Minnesota Statutes sections 473.25, 473.254 and 473.253; or (b) return the revolved funds to the
Council for use with other eligible projects. The Grantee shall report to the Council any revolved
funds received by the Grantee and the Grantee's uses of those revolved funds.
2.06 Effect of Grant. Issuance of this grant neither implies any Council responsibility
for contamination, if any, at the project site nor imposes any obligation on the Council to
participate in any pollution cleanup of the project site, if such cleanup is undertaken or required.
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2.07 Matching Funds. The Grantee has an obligation under this agreement to share in
the costs of the project by providing, directly or through project partners, at least a one hundred
percent (100%) match of cash or services from sources other than the Livable Communities
Demonstration Account. The Crrantee agrees that there will be no reduction in ffie monetary
amount of match unless there is at the same time a proportionate reducfion in the maYimum total
grant amount. The Grantee must include in the reports required by article III the amount and
sotuce of matching funds obtained and expended on specific project activities.
III. ACCOUNTING, AUDIT, AND REPORT REQUIREMENTS
3.01 Accounting and Records. The Grantee agfees to establish and maintain accurate
and complete accounts and records relating to the receipt and expenditure of all grant fixnds
received from the Council. Notwithstanding the expiration and tenninafion provisions of
pazagraphs 4.01 and 4.02, such accounts and records shall be kept and maintained by the Grantee
for a period of six (6) yeazs following the completion of the project activifies described in
Attachment A or six (6) yeazs following the expenditure of the grant fuuds, whichever occurs
eazlier. For all expenditures of grant funds received pursuant to this agreement, the Crrantee will
keep proper fmancial records including invoices, contracts, receipts, vouchers, and other
appropriate documents sufficient to evidence in proper detail the nature and propriety of the
expenditure. Accounting methods shall be in accordance with generally-accepted accoundng
principles.
3.02 Audits. The above accounts and records of the Grantee shall be audited in the
same manner as all other accounts and records of the Grantee are audited and may be audited or
inspected on the Grantee's premises or otherwise by individuals or organizations designated and
authorized by the Council at any time, following reasonable notification to the Grantee, for a
period of s� (6) yeazs following the completion of the project acrivities described in Attachxnent
A or six (6) years foilowing the expenditure of the grant funds, whichever occurs earlier.
3.03 Report Requirements. The Grantee will provide to the Council one or more
written reports on the status of the project activities described in Attachment A and the
expenditures of the grant funds. The reporting schedule and the content of the written report(s)
are identified in Attachment C, attached to and made a part of this agreement.
3.04 Environmental Site Assessment. The Grantee represents that a Phase I
Environmental Site Assessment or other environmental review has been or will be carried out, if
such environmental assessment or review is appropriate for the scope and nature of the project
activities funded by this grant, and that any environmental issues have been or will be adequately
addressed.
IV. AGREEMENT TERM
4A1 Term. This agreement is effective upon execurion of the agreement by the
Council. Unless ternunated pursuant to paragraph 4.02, this agreement expires December 31,
2004.
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4.02 Termination. This agreement may be terminated by the Council for cause at any
time upon fourteen (14) calendar days' written notice to the Grantee. Cause shall mean a
material breach of this agreement and any amendments of this agreement. If this agreement is
tenninated, the Grantee shall receive payment on a pro rata basis for project activities described
in Attachment A that have been completed. Tenuivation of this agreement does not aiter the
Council's authoriTy to recover gant funds on the basis of a later audit or other review, and does
not alter the Cnantee's obligafion to return any grant funds due to the Council as a result of later
audits or corrections. If the Council deternunes the Grantee has failed to comply with the terms
and condiflons of this agreement and the applicable provisions of the Metropolitan Livable
Communities Act, the Council may take any action to protect the Council's interests, and may
refuse to disburse additional grant funds and may require the Grantee to return all or part of the
grant funds already disbursed.
4.03 Amendments. The Council and the Grantee may amend this agreement by
mutual agreement. Amendments, changes, or modifications of this agreement shall be effective
only on the execurion of written amendments signed by authorized representatives of the Council
and the Grantee.
V. GENERAL PROVISIONS
5.01 Nondiscrimination; Equal Opportunity. The Grantee agrees it wi11 not
discrnninate against any employee or applicant for employment because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, membership
or activity in a local civii rights commission, disability, sexual orientation, or age. The Crrantee
fiu agrees to act aff rmatively to insure applicants and employees are treated equally with
respect to all aspects of employment, rates of pay and other forms of compensation, and selection
for training.
5.02 Conflict of Interest. The members, officers, and employees of The Grantee sha11
comply with all applicable state statutory and regulatory conflict of interest laws and provisions.
5.03 Liability. To the fullest extent permitted by law, the Grantee shall defend,
indemnify, and hoid hannless the Council and its members, employees, and agents from and
against all claims, damages, losses, and expenses, including, but not limited to, attorneys' fees,
arising out of or resulting from the conduct or implementation of the project activities funded by
this grant. Claims included in this indemnification include, without limitation, any claisns
asserted pursuant to the Minnesota Environmental Response and Liability Act (MERLA),
Minnesota Statutes chapter 115B, the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA) as amended, 42 U.S.C. sections 9601 et
seq., and the federal Resource Conservation and Recovery Act of 1976 (RCRA) as amended, 42
U.S.C. sections 6901 et seq. This obligation shall not be construed to negate, abridge, or
otherwise reduce any other right or obligation of indemnity which otherwise would exist between
the Council and the Grantee. The provisions of this paragraph shall survive the ternvnation of
this agreement. This indemnification sha11 not be construed as a waiver on the part of either the
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Grantee or the Council of any ammunities or limits on liability provided by Minnesota Statutes
chapter 466, or other applicable state or federal law.
5.04 Acl�owledgments. The Cnantee shall acl�owledge the financial assistance
provided by the Council in promotional materials, press releases, reports, and publicafions
relating to the project activifies described in Attachment A which aze funded in whole or in part
with the grant funds. The acknowledgment should contain the following language:
Financing for this project was provided by the Metropolitan Council
Metropolitan Livable Communities Fund.
Until the project activifies funded by this agreement are completed, the Grantee shall ensure the
above aclmowledgment language, or aiternative language approved by the Council's authorized
agent, is included on all signs located at project or construction sites that identify project
sponsors or entities providing financial support for the project.
5.05 Permits, Bonds, and Approvals. The Council assumes no responsibility for
obtaining any applicable local, state, or federal licenses, pernuts, bonds, authorizations, or
approvals necessary to perform or complete the project activities described in Attachxnent A.
5.06 Contractors and Subcontractors. The Grantee shall include in any contract or
subcontract for project activities appropriate contract provisions to ensure contractor and
subcontractor compliance with all applicable state and federal laws. Along with such provisions,
the Grantee shall require that contractors and subcontractors performing work covered by this
grant comply with all applicable state and federal Occupational Safety and Health Act
regulations.
5.07 Stormwater Discharge Requirements. If any grant funds are used for urban site
redevelopment, the Grantee shall at such redevelopment site meet or require to be met:
(a) all requirements of federal and state law relating to stormwater discharges including,
without limitation, any applicabte requirements of title 40, Code of Federal
Regulations, parts 122 and 123; and
(b) any additional requirements of the Council's Interim Strategy to Reduce Nonpoint
Source Pollution to All Met�opolitan YYater Bodies (1992) including, without
limitation: (1) the requirement Yo utilize the Minnesota Pollution Conirol Agency's
urban best management practices entitled Protecting Water Quality in Urban Areas;
and (2) the requirement that all stormwater must be pretreated by facilities designed to
provide poilutant removal efficiencies equal to or greater than those observed in wet-
detention basin facilities designed in accordance with the National Urban Runoff
Program (NLJRP) design criteria.
S.Q8 Attachments. The following aze attached to this agreement and aze incorporated
into and made a part of this agreement:
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(a)
�)
(c)
Attachment A- Summary of the Grantee's application for Livable Communities
Demonstration Account Opportunity Cnant funds, as approved
by the Council
Attachment B- Crrant Fund Disbursement Schedule
Attachment C- Written Report Submission Schedule
5.09 Warranty of Legal Capacity. The individual signing this agreement on behalf
of the Grautee represents and warrants on the Grantee's behalf that the individual is duly
authorized to execute this agreement on the Grantee's behalf and that this agreement constitutes
the Grantee's valid, binding, and enforceable agreements.
IN WITNESS WHEREOF, the Cn•autee and the Council have caused this agreement to be
executed by their duly authorized representatives. This agreement is effective on the date of final
execution by the Council.
Approved as to form:
Lynn M. Belgea
Office of General Counsel
METROPOLITAN COUNCIL
�
Elizabeth J. Ryan, Director
Housing and Livable Communities
Date:
FOR PPRQVE�;
��1�� 2 Gl�3
Asst� �ity A�tgd.0��
02098-OX.doc
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ATTAC�IMENT A
APPLICATION �OR
LIVABLE COMMIJNITIES DEIVIONSTRATION ACCOUNT
OPPORTUNITY GRANT FITNDS
This attachment comprises ttus page and page A-2 and conta.ius a summ.ary of the proposed project
identified in the Grantee's grant application which was submitted in response to the CounciPs
notice of availability of grant funds in April, 2002. The sLUimiary reflects the Grantee's proposed
project as approved by the Council on July 24, 2002, and may reflect changes in project funding
sources, changes in funding amounts, or minor changes in the proposed project that occurred
subsequent to the application submission. The Grantee's grant applicafion is incorporated into this
grant agreement by reference and is made a part of this grant agreement except as follows: If the
Grantee's application or any provision in the grant application conflicts with or is inconsistent with
other provisions of this agreement or the project summary contained in this Attachment A, the
terms, descriptions, and dollar amounts contained in this agreement and the project sununary
contained on page A-2 shall prevail.
A-1
Applicant: St Panl Recommended �nding Amount: $45,000 03 � , `��
Project Name: University Ave. and Dale Street Transit Oriented Development
Project Description
Development study for three comers of the University/Dale intersection to transform an older
city neighborhood with an increasingly diverse population along a ri�aditional street-car line from
auto-dominated uses to higher density, trransit-oriented development. A 2001 Opportunity Grant
is being used to do sunilar plauuiug for two other nodes in the corridor.
Project Goals, Tasks or Outcomes
The City of Saint Paul Comprehensive Plan, Land Use Chapter adopted in 1999 idenrifies University
Avenue as one of the five primary corridors addressed in the plan. This project will also specifically
support Objective 5.5.2 which states: "The City will encourage more housing and jobs to locate along
high-service bus routes." The Transportation Plan of the Comprehensive Plan includes policies that
support the development of transit as part of a regional system that also serves the economic development
efforts in Saint Paul and enhances its neighborhoods. While not directly linked, this is to complement the
station planning process of the Central Corridor transit study.
Staff Review Team Comments
. Good tiining
• Good sense of vision
• The project will lay the groundwork for land use that links to the future Central Corridor
• IYs important to do this kind of planning in preparafion for development of transitways
Concem:
• Application does not address stormwater management. This project presents an excellent
opportunity to reduce/replace impervious area with green space and to implement innovative
stormwater management pracfices.
F�nding Requested/Funding Recommended
$5,000
$5,000
$-0-
Detail site plans, massing models/drawings,
review and
Revisions based on
materials
Development Timeline
The proj ect would begin immediately upon receiving funding from the Metropolitan Council and
last no more than 10-14 months. While not directly linked, this is to complement the station
planning process of the Centrai Corridor transit study.
Local Match
$45,OQ� — Cit7 and/ox community partnexs staff or services or cash expenditures.
A-2
03-���
ATTACHNIENT B
GRANT FUND DISBURSEMENT SCHEDULE
The maximum total grant amount specified in pazagraph 2A1 of this agreement shall be disbursed to
the Grantee for uses consistent with this agreement according to the followulg schedule;
The Council will disburse grant funds in response to written disbursement requests
submitted by the Grantee and reviewed and approved by the Council. Written
disbursement requests shall indicate the project activity funded by this agreement, the
contractor(s)/vendor(s) to be paid, and the time period within which the project
activity was or will be performed. Disbursements prior to the performance of a
project activity will be subject to terms and conditions mutually agreed to by the
Council's authorized agent and the Grantee. Individual disbursement requests should
specify the project or activity to be funded and identify dollar amounts by project or
activity. Subject to verification of a written disbursement request and approval for
consistency with this agreement, the Council will disburse a requested amount to the
Grantee within fifteen (15) business days after receipt of a written disbursement
request.
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ATTACHI��NT C
WRITTEN REPORTS AND SUBNIISSION SCHEDULE
Beginning three (3) months after the Grantee initially receives grant funds, the Grantee shall suhmit
to the Council written quarterly reports which shall contain at least the following elements:
A summary of grant funds received and expended to date, includiug a
description of the purposes or uses for which the grant funds were expended;
and
A sunmiary of matching funds contributed and expended to date, including a
description of tt�e purposes or uses for which the matching funds were
expended;and
A statement of expected grant and matching fund expenditures within the
next quarter.
The Grantee's final written quarterly report shall be submitted within two (2) months following the
expenditure of all grant funds and the required match by the Grantee and sha11 contain a certification
by the Grantee's chief financial officer that a11 grant and matching funds have been expended in
accordance with this agreement and the provisions of the Metropolitan Livable Communities Act.
T4�e Giantee also shall compiete and submit to the Council a Monitoring and Evaluation Report
which will assist the Council in monitoring and evaluating the implementation of the Livable
Communities Demonstration Account program. The contents, format, and completion date of the
Monitoring and Evaluation Report will be deternuned by the CounciL This reporting requirement
and the reporting requirement of pazagraph 2.05 shall survive the ternunation or expiration of this
agreement.
AUTHORIZED AGENT
The Council's authorized agent for the putposes of administering this agreement is Wayne Nelson
or another designated Council employee. The written report(s) submitted to the Council shall be
directed to the attention of the CounciP s authorized agent at the following address:
Metropolitan Council
Mears Pazk Centre
230 East Fifth Street
Saint Paul, Minnesota 55101-1634
G1
s
A �
63-\�,\
Contract No. SG-02-98
METROPOLTTAN LIVABLE COMMUIVITIES ACT
LIVABLE COMMUNTTIES DEMONSTRATION ACCOUNT
OPPORTUIVITY GRANT AGREEMENT
THIS AGREEMENT is entered into by the Metropolitan Council ("the Council") and the City
of Saint Paul ("the Crrantee").
WHEREAS, Minnesota Statutes section 473.251 creates the Metropolitan Livable Communities
Fund, the uses of which must be consistent with and promote the purposes of the Metropolitan
Livable Communities Act and the policies of the Metropolitan Development Guide adopted by
the Council; and
WHEREAS, Minnesota Statutes sections 473.251 and 473.253 establish within the Metropolitan
Livable Communifies Fund a Livable Communities Demonstration Account and require the
Council to use the funds in the account to make grants or loans to municipalities participating in
the Local Housing Incentives Program under Minnesota Statutes section 473.254 or to
metropolitan-area counties or development authorities to fund the initiatives specified in
Minnesota Statutes section 473.25, paragraph (b), for projects in participating municipalities; and
WHEREAS, the Council makes Livabie Communities Demonstration Account funds available
as"Opportunity Grants" to fund local initiatives to develop project-specific and site-specific
plans according to Smart Growth principles; and
WHEREAS, the Council requires that Livable Communities Demonstration Account
Opportunity Grants must be matched on a dollar-for-dollar basis by the municipatity, county, or
development authority receiving the funds, or their project partners; and
WHEREAS, the Grantee is a municipality participating in the Loca1 Housing Incen6ves
Account program under Minnesota Statutes section 473.254 or a melropolitan-area county or
development authority, has submitted an application for a Livable Communities Demonstration
Account Opportunity Grant in response to the Council's request for applications, and has
idenfified the required local match; and
WI3EREAS, at its July 24, 2002, regular meeting, the Council awarded Livable Communities
Demonstration Account Opportunity Grants to certain projects, inciuding the project described in
the Grantee's application far a Livable Communities Demonstration Account Opporhmity Grant.
NOW TAEREFORE, in consideration of the mutual promises and covenants contained in this
agreement, the Grantee and the Council agree as follows:
Page 1 of 7 Pages
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I. DEFINI'ITONS
1.01 Defmition of Terms. For the purposes of this agreement, the terms defined in
this paragraph have the meanings given them in this pazagraph unless otherwise provided or
indicated by the context. �
(a) "Metropolitan Area" means the seven-county metropolitau area as defined by
Muuiesota Statutes section 473.121, subdivision 2.
(b) "Municipality" means a statutory or home rule charter city or town participating
in the Local Housing Incentives Account Program under Miunesota Statutes
section 473.254, or a couniy or development authority in the Metropolitan Area,
including housing and redevelopment authorities, economic development
authorities, and port authorities.
(c) "Participating Municipality" means a statutory or home rule charter city or town
which has elected to participate in the Local Housing Incentive Account program
and negotiated afFordable and life-cycle housing goals for the Municipaiity
pursuant to Minnesota Statutes section 473.254.
II. GRANT AND MATCHING FUNDS
2.01 Total Grant Amount. The Council will grant to the Grantee a masimum totai
grant amount of $45,000.00, which shali be funds from the Livable Communities Demonstrafion
Account of the Metropolitan Livable Communifles Fund. Notwithstanding any other provision
of this agreement, the Grantee understands and agrees that any reduction or termination of
Livable Communities Demonstration Account grant funds made available to the Council may
result in a like reduction to the Crrantee.
2.02 Authorized Use of Grant and Matching Funds. The Grantee's match and the
total grant amount made available to the Grantee under this agreement shall be used only for the
purposes and activifies described in the Grantee's application for Livable Comxnunities
Demonstration Account grant funds. A smumary of the Grantee's application which identifies
eligible uses of the funds is attached to and incorporated into this agreement as Attachment A. If
the provisions of the Grantee's application aze inconsistent with other provisions of this
agreement, the other provisions of this agreement shail take precedence over the provisions of the
application.
Grant and matching funds must be used to fund the initiatives specified in Minnesota Statutes
section 473.25, pazagraph (b), in a Participating Municipality. Grant funds must be used for
costs directly associated with the specific proposed activities and are intended to be used for
"hard costs" rather than "soft costs." Ineligible uses include: administrative overhead; acfiviries
prior to the date of the grant award; travel expenses; legal fees; permits, licenses, or authorization
fees; costs associated with preparing other grant proposals; operating expenses; comprehensive
plamiing costs; and prorated lease and salary costs. If consistent with the application, the
Page 2 of 7 Pages
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Grantee may use the grant funds to make deferred loans (loans made without interest or periodic
payments), revolving loans (loans made with interest and periodic payments) or otherwise make
the grant funds available on a"revolving" basis for the purposes of implementing the project
activities described in Attachment A.
The Council shali beaz no responsibility for cost overrmis wluch may be incurred by the Grantee
or others in the implementation or performance of the project activities described in Attachment
�1• The Grautee agrees to remit to the Council in a prompt manner: any unspent grant funds; any
grant funds which aze not used for the authorized purposes specified in this paragraph; any
interest eaivings described in pazagraph 2.05 which are not used for the purposes of
implementing the project activities described in Attachment A; and any "revolved" funds
described in pazagraph 2.05 that are not used by the Grantee to implement affordable and life-
cycle housing initiatives pursuant to paragraph 2.05. The Grantee must complete a11 major
components of the grant project as proposed and for which the Council made its grant award and
parform the special conditions stated in Attachment A, or the Grantee must return to the Council
the entire grant amount specified in pazagraph 2.01 of this agreement.
2.03 Budget Variance. A variance of ten percent (10%) in the amounts allocated to
various eligible uses idenfified in Attachment A sha11 be considered acceptable without fiuther
documentation or Council approval. Budget variances exceeding ten percent (10%) may require
approval of the goveming body of the Council. Notwithstanding the aggregate or net effect of
any variances, the Council's obligation to provide grant funds under this agreement shall not
exceed the masimum total grant amount specified in pazagraph 2.01 of this agreement.
2.04 Disbursement Schedule. The Council will disburse the grant funds to the
Grantee in accordance with the grant fund disbursement schedule contained in Attachment B,
attached to and made a part of this agreement. The Council will make disbursements only upon
receipt of a written disbursement request from the Grantee's authorized agent or representative.
2.05 Interest Earnings and Revolved Funds. If the Grantee earns any interest or
other income from the grant funds received from the Council under this agreement, the Cnantee
will use the interest earnings or income only for the purposes of implementing the project
activities described in Attachment A. If the Grantee uses the grant funds on a"revolving" basis
or othercvise receives revolved funds from the project activities described in Attachment A, the
Grantee must (a) use the revolved funds to implement similar eligible projects that will help the
Grantee meet its affordable and life-cycle housing goals and implement the purposes of
Minnesota Statutes sections 473.25, 473.254 and 473.253; or (b) return the revolved funds to the
Council for use with other eligible projects. The Grantee shall report to the Council any revolved
funds received by the Grantee and the Grantee's uses of those revolved funds.
2.06 Effect of Grant. Issuance of this grant neither implies any Council responsibility
for contaznination, if any, at the project site nor imposes any obligation on the Council to
participate in any pollution cleanup of the project site, if such cleanup is undertaken or required.
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2.07 Matching Funds. The Grantee has an obligation under this agreement to shaze in
the costs of the project by providing, directly or through project partners, at least a one hundred
percent (100%) match of cash or services from sources other than the Livable Communities
Demonstration Account. The Cnantee agrees that there will be no reduction in the monetary
amount of match unless there is at the same time a proportionate reduction in the maximum total
grant amount. The Grantee must include in the reports required by article III the amount and
source of matching funds obtained and expended on specific project activifies.
III. ACCOUNTING, AUDIT, AND REPORT IiEQUIREMENTS
3.01 Accounting and Records. The Grantee agrees to establish and maintain accurate
and complete accounts and records relating to the receipt and expenditure of all grant funds
received from the Council. Notwithstanding the expiration and terminafion provisions of
pazagraphs 4.01 and 4.02, such accounts and records shall be kept and maintained by the Grantee
for a period of six (6) yeazs following the completion of the project activities described in
Attachment A or six (6) years following the expenditure of the grant funds, whichever occurs
earlier. For all expenditures of grant funds received pursuant to this agreement, the Grantee will
keep proper financial records including invoices, contracts, receipts, vouchers, and other
appropriate documents sufficient to evidence in proper detail the nature and propriety of the
expenditure. Accounting methods sha11 be in accordance with.generally-accepted accounting
principles.
3.02 Audits. The above accounts and records of the Grantee shall be audited in the
same manner as all other accounts and recards of the Grantee aze audited and may be audited or
inspected on the Grantee's premises or otherwise by individuals ar organizations designated and
authorized by the Council at any tnne, following reasonable nofification to the Grantee, for a
period of six (6) years following the completion of the project activities described in Attachment
A or six (6) years following the expenditure of the grant funds, whichever occurs earlier.
3.03 Report Requirements. The Grantee will provide to the Council one or more
written reports on the status of the project activities described in Attachment A and the
expenditures of the grant funds. The reporting schedule and the content of the written report(s)
are identified in Attachment C, attached to and made a part of this agreement.
3.04 Environmental Site Assessment. The Grantee represents that a Phase I
Environmental Site Assessment or other environmental review has been or wiil be carried out, if
such environxnental assessment or review is appropriate for the scope and nature of the project
activities funded by this grant, and that any environmental issues have been or will be adequately
addressed.
IV. AGREEMENT TERM
4.01 Term. This agreement is effective upon execution of the agreement by the
Council. Unless terminated pursuant to paragraph 4.02, this agreement expires December 31,
2004.
Page 4 of 7 Pages
05-�1�
4.02 Termination. This agreement may be terminated by the Council for cause at any
time upon fourteen (14) calendaz days' written notice to the Crrantee. Cause shall mean a
material breach of this agreement and any amendments of this agreement. If this agreement is
terminated, the Grantee shall receive payment on a pro rata basis for project activities described
in Attachment A that have been compieted. Tenuination of this agreement does not alter the
Council's authority to recover grant funds on the basis of a later audit or other review, and does
not alter the Grantee's obligation to return any grant funds due to the Council as a resuit of later
audits or corrections. If the Council detennines the Grantee has failed to comply with the terms
and conditions of this agreement and the applicable provisions of the Metropolitan Livable
Communities Act, the Council may take any action to protect the Council's interests, and may
refuse to disburse additional grant funds and may require the Crrantee to return all or part of the
grant funds atready disbursed.
4.03 Amendments. The Council and the Grantee may amend this agreement by
mutual agreement. Amendments, changes, or modifications of this agreement shall be effeetive
only on the execution of written amendments signed by authorized representatives of the Council
and the Grantee.
V. GENERAL PROVISIONS
5.01 Nondiscrimination; Equal Opportunity. The Grantee agrees it will not
discrnninate against any employee or applicant for employment because of race, color, creed,
religion, national origin, sex, marital status, status with regazd to public assistance, membership
or activity in a local civil rights commission, disability, sexual orientation, or age. The Grantee
furtlier agrees to act affirmatively to insure applicants and employees are treated equally with
respect to all aspects of employment, ra#es of pay and other forms of compensation, and selection
for training.
5.02 Conflict of Interest. The members, officers, and employees of the Grantee shall
comply with all applicable state statutory and regulatory conflict of interest laws and provisions.
5.03 Liability. To the fullest extent perxnitted by law, the Grantee shall defend,
indemnify, and hold harniless the Council and its members, employees, and agents from and
against all claims, damages, losses, and expenses, including, but not limited to, attorneys' fees,
arising out of or resulting from the conduct or implementation of the pro}ect activities funded by
this grant. Claims included in this indemnification include, without lnnitation, any claims
asserted pursuant to the Minnesota Environmental Response and Liability Act (MERLA),
Minnesota Statutes chapter ll SB, the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA) as amended, 42 U.S.C, sections 9601 et
seq., and the federal Resource Conservafion and Recovery Act of 1976 (RCRA) as amended, 42
U.S.C. sections 6901 et seq. This obligation shali not be conshued to negate, abridge, or
otherwise reduce any other right or obligation of indemniTy which otherwise would exist between
the Council and the Grantee. The provisions of this paragraph shall survive the ternunation of
this agreement. This indemnification shall not be construed as a waiver on the part of either the
Page S of 7 Pages
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Grantee or the Council of any immunities or limits on liability provided by Minnesota Statutes
chapter 466, or other applicable state or federal iaw.
5.04 Acknowledgments. The Grantee shall acknowledge the financial assistance
provided by the Council in promotional materials, press releases, reports, and publications
relating to the project activities described in Attachment A which aze funded in whole or in part
with the grant funds. The acl�owled�ent should contain the following language:
Financing for this project was provided by the Metropolitan Council
Metropolitan Livable Communities Fund.
UntIl the project activities funded by this agreement aze completed, the Grantee shali ensure the
above acknowiedgment language, or alternative language approved by the Council's authorized
agent, is included on all signs located at project or construction sites that identify project
sponsors or entities providing fmancial support for the project.
5.05 Permits, Bonds, and Approvals. The Council assumes no responsibility for
obtaining any applicable local, state, or federal licenses, pernuts, bonds, authorizations, or
approvals necessary to perform or complete the project activities described in Attachment A.
5.06 Contractors and Subcontractors. The Grantee sha11 include in any contract or
subcontract for project activities appropriate contract provisions to ensure contractor and
subcontractor compliance with all applicable state and federal laws. Along with such provisions,
the Grantee sha11 require that contractors and subcontractors performing work covered by this
grant comply with all applicable state and federal Occupational Safety and Health Act
regulafions.
5.07 Stormwater Discharge Requirements. If any grant funds aze used for urban site
redevelopment, the Grantee shall at such redevelopment site meet or require to be met:
(a) all requirements of federal and state law relating to stormwater discharges including,
without limitation, any applicable requirements of title 40, Code of Federal
Regulafions, parts 122 and 123; and
(b) any additional requirements of the Council's Interim Strategy to Reduce Nonpoint
Source Pollution to All Metropolitan Water Bodies (1992) including, without
limitation: (1) the requirement to utilize the Minnesota Pollution Controi Agency's
urban best management prac6ces enrifled Protecting Water Quality in Urban Areas;
and (2) the requirement that all stormwater must be pretreated by facilities designed to
provide pollutant removal efficiencies equai to or greater than those observed in wet-
detention basin facilities designed in accordance with the National Urban Runoff
Program (NUF2P) design criteria.
5.08 Attachments. The following aze attached to this agreement and are incorporated
into and made a part of this agreement:
Page 6 of 7 Pages
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(a)
�)
(c)
Attachment A- Suwmary of the Crrantee's application for Livable Communities
Demonstration Account Opporiwuty Grant funds, as approved
by the Council
Attachment B- Crrant Fund Disbursement Schedule
Attachment C- Written Report Submission Schedule
5.09 Warranty of Legai Capacity. The individual signing this agreement on behalf
of the Grantee represents and warrants on the Grantee's behalf that the individuai is duly
authorized to execute this agreement on the Grantee's behaif and that this agreement constitutes
the Grantee's valid, binding, and enforceable agreements.
IN WITNESS WFIEREOF, the Grantee and the Council have caused ttris agreement to be
executed by their duly authorized representatives. This agreement is effective on the date of final
execution by the Council.
Approved as to form:
Lynn M. Belgea
Office of General Counsei
METROPOLITAN COUNCTL
�
Elizabeth J. Ryan, Director
Housing and Livable Communities
Date:
F.OR PPROVED:
.�Z,� /7/ �v,�- 2 G/-6?
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02098-OX.doc
CI � INT P
5 �/� Martha Fuller, Director
`^C Planning and Economic Development
//ff �
Date: '�[c�J�� f
��: ��'�-� J
Page 7 of 7 Pages
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ATTACHIYIENT A
APPLICATION FOR
LIVABLE COMMUIVIT'lES DEMONSTRATIOl� ACCOLTNT
OPPORTUIVITY GRANT' FUNDS
This attachxnent comprises this page and page A-2 and contains a summary of the proposed project
identified in the Grantee's grant application which was submitted in response to the Council's
notice of availability of gant funds in April, 2002. The stunmary reflects the Grantee's proposed
project as approved by the Council on 7uly 24, 2002, and may reflect changes in project funding
sources, changes in funding amounts, or minor changes in the proposed project that occurred
subsequent to the application submission. The Grantee's grant application is incorporated into this
grant agreement by reference and is made a part of this grant agreement except as follows: If the
Grantee's application or any provision in the grant application conflicts with or is inconsistent with
other provisions of this agreexnent or the proj ect summary contained in this Attachment A, the _
terms, descriptions, and dollar amounts contained in this agreement and the project sunnnary
contained on page A-2 shall prevail.
A-1
Applicant: St Paul
Project Name:
Recommended �nding Amount: $45,000
University Ave. and Dale Street Transit Oriented Development
0� �y\
Project Description
Development study for three comers of the University/Dale intersecrion to transform an older
city neighborhood with an increasingly diverse population along a tradirional street-car line from
auto-dominated uses to higher density, transit-oriented development. A 2001 Opporhmity Grant
is being used to do similaz plauuing for two other nodes in the comdor.
Project Goals, Tasks or Ontcomes
'I'he City of Saint Paul Comprehensive Plan, Land Use Chapter adopted in 1999 idenrifies University
Avenue as one of the five primazy corridors addressed in the plan. This project will also specifically
support Objective 5.52 which states: "The City will encourage more housing and jobs to locate along
high-service bus routes." The Transportation Plan of the Comprehensive Plan includes policies that
support the development of transit as part of a regional system that also serves the economic development
efforts in Saint Paul and enhances its neighborhoods. While not directly linked, this is to complement the
station planning process of the Central Corridor transit study.
Staff Review Team Comments
• Good timing
• Good sense of vision
• The project will lay the groundwark for land use that links to the future Central Corridor
• IY s important to do this kind of planning in preparation for development of transitways
Concem:
Application does not address stormwater management. This project presents an excellent
opporhuiity to reduce/replace unpervious area with green space and to implement innovafive
stormwater management practices.
N�nding Requested/Funding Recommended
Total Requested: $50,000
$4Q000 � Aetail site plans, massing models/drawings,
$5,000
$5,000
isions based on
$-0- I Create
and
Development Timeline
The project would begin immediately upon receiving funding from the Metropolitan Council and
last no more than 10-14 months. While not directly linked, this is to complement the station
planning process of the Central Corridor transit study.
Local Match
$45,000 — City and/or community partnexs staff or services or cash expenditures.
A-2
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ATTACffiVIENT B
GRANT FLTND DISBURSEMENT SCHEDULE
The ma�cimum total grant amount specified in pazagraph 2.01 of this agreement shall be disbursed to
the Crrantee for uses consistent with this agreement according to the following schedule:
The Council will disburse grant funds in response to written disbursement requests
submitted by the Grantee and reviewed and approved by the Council. Written
disbursement requests shall indicate the project acuvity funded by this agreement, the
contractor(s)/vendor(s) to be paid, and the time period within which the project
activiry was or will be performed. Disbursements prior to the performance of a
project activity will be subject to terms and conditions mutually agreed to by the
Council's authorized agent and the Grantee. Individual disbursement requests should
specify the project or activity to be funded and idenflfy dollaz amounts by project or
activiiy. Subject to verification of a written disbursement request and approval for
consistency with this agreement, the Council will disburse a requested amount to the
Grantee within fifteen (15) business days after receipt of a written disbursement
request.
:
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ATTACHI��NT C
WRIT3'EN REPORTS AND SUBMISSION SCHEDULE
Beginning three (3) months after the Crrautee initially receives grant funds, the Grantee shall submit
to the Council written quarterly reports which shall contain at least the following elements:
A stunmary of grant funds received and expended to date, including a
description of the purposes or uses for which the grant fixuds were expended;
and
A stm�mazy of matching funds contributed and expended to date, including a
descripfion of the purposes or uses for which the matching funds were
expended;and
A statement of expected grant and matching fund expenditures within the
next quarter.
The Grantee' s final written quarterly report sha11 be submitted within two (2) months following the
expenditure of all grant funds and the required match by the Grantee and shall contain a certification
by the Grantee's chief fmancial officer that all grant and matching funds have been expended in
accordance with this agreement and the provisions of the Melropolitan Livable Communities Act.
The Grantee also shall complete and submit to the Council a Monitoring and Evaluation Report
which will assist the Council in monitoring and evaluating the implementation of the Livabie
Communities Demonstration Account program. The contents, format, and completion date of the
Monitoring and Evaluation Report will be determined by the Council. This reporting requirement
and the reporting requirement of paragraph 2.05 shall survive the terminafion or expiration of this
agreement.
AUTHORIZED AGENT
The Council's authorized agent for the purposes of administering this agreement is Wayne Nelson
or another designated Council employee. The written report(s) submitted to the Council shall be
directed to the attention of the Council's authorized agent at the fol�owing address:
Metropolitan Council
Mears Park Centre
230 East Fifkh Street
Saint Paul, Minnesota 55101-1634
G1
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Contract No. SG-02-98
METROPOLTTAN LIVABLE COMMUNITIES ACT
LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT
OPPORTiINITY GRANT AGREEMENT
TffiS AGREEMENT is entered into by the Metropolitan Council ("the Council") and the City
of Saint Paul ("the Grantee").
WHEREAS, Minnesota Statutes section 473.251 creates the Metropolitan Livable Communities
Fund, the uses of which must be consistent with and promote the purposes of the Metropolitan
Livable Communities Aet and the policies of the Metropolitan Development Guide adopted by
the Council; and
R'HEREAS, Minnesota Statutes sections 473.251 and 473.253 establish within the Metropolitan
Livable Communities Fund a Livabie Communities Demonstration Account and require the
Council to use the funds in the account to make grants or loans to municipalities participating in
the Local Housing Incentives Program under Minnesota Statutes section 473.254 or to
metropolitan-area counties or development authorities to fund the initiatives specified in
Minnesota Statutes section 473.25, paragraph (b), for projects in participating municipalities; and
WHEREAS, the Council maices Livabie Communities Demonstration Account funds available
as "Oppoi4LUiity Grants" to fund local initiatives to develop project-specific and site-specific
plans according to Smart Growth principles; and
WHEREAS, the Council requires that Livable Communi6es Demonstration Account
Opportunity Grants must be matched on a doilaz-for-dollar basis by the municipality, county, or
development authority receiving the funds, or their project partners; and
WHEREAS, the Grantee is a municipaliiy participating in the Local Housing Incentives
Account program under Minnesota Statutes section 473.254 or a metropolitan-area county or
development authority, has submitted an application for a Livable Communities Demonstration
Account Opportunity Grant in response to the Council's request for applications, and has
identified the required local match; and
W�REAS, at its July 24, 2002, regular meeting, the Council awarded Livable Communities
Demonstration Account Opportunity Grants to certain projects, including the project described in
the Grantee's application for a Livable Communities Demonstrafion Account Opportimity Grant.
NOW THEREFORE, in consideration of the mutual promises and covenants contained in this
agreement, the Grantee and the Council agree as follows:
Page 1 of 7 Pages
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I. DE�INITTONS
1.01 Definition of Terms. For the purposes of this agreement, the terms defined in
this paragraph have the meanings given them in this paragaph unless otherwise provided or
indicated by the contea�t. �
(a) "Metropolitan Area" means the seven-county metropolitan azea as defined by
Minnesota Statutes section 473.121, subdivision 2.
(b) "Municipality" means a statutory or home ruie charter city or town participating
in the Local Housing Incentives Account Program under Ivliunesota Statutes
section 473.254, or a couniy or development authority in the Metropolitan Area,
including housing and redevelopment authorities, economic development
authorities, and port authorities.
(c) "Participating Municipality" means a statutory or home rule charter city or town
which has elected to participate in the Local Housing Incentive Account progrun
and negotiated affordable and life-cycle housing goals for the Municipality
pursuant to Minnesota Statutes section 473.254.
IL GRANT AND MATCHING F'UNDS
2A1 Total Grant Amount. The Council will grant to the Grantee a maximum total
grant amount of $45,000.00, which shall be funds from the Livable Communities Demonstration
Account of the Metropolitan Livable Communities Fund. Notwithstanding any other provision
of this agreement, the Grantee understands and agrees that any reduction or termination of
Livable Communities Demonstrafion Account grant funds made available to the Council may
result in a like reduction to the Grantee.
2.02 Authorized Use of Grant and Matching Funds. The Grantee's match and the
total grant amount made available to the Grantee under this agreement shall be used only far the
purposes and activities described in the Grantee's application for Livable Communities
Demonstration Account grant funds. A suunnary of the Grantee's application which idenfifies
eligible uses of the funds is attached to and incorporated into this agreement as Attachment A. If
the provisions of the Grantee's applicafion aze inconsistent with other provisions of this
agreement, the other provisions of tkus agreement shall take precedence over the provisions of the
application.
Grant and matching funds must be used to fund the initiatives specified in Minnesota Statutes
section 473.25, paragraph (b), in a Participating Municipality. Grant funds must be used for
costs directly associated with the specific proposed activities and are intended to be used for
"hard costs" rather than "soft costs." Ineligible uses include: administrative overhead; activities
prior to the date of the grant award; travel expenses; legal fees; pernuts, licenses, or authorization
fees; costs associated with preparing other grant proposals; operating expenses; comprehensive
plamiing costs; and prorated lease and salary costs. If consistent with the application, the
Page 2 of 7 Pages
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Grantee may use the grant funds to make defened loans (loans made without interest or periodic
payments), revolving loans (loans made with interest and periodic payments) or otherwise make
the grant funds available on a"revolving" basis for the purposes of implementing the project
acfivities described in Attachment A.
The Council shall bear no responsibility for cost overruns which may be incurred by the Grantee
ar others in the implementarion ar performance of the project activiries described in Attachment
A• The Grantee agrees to remit to the Council in a prompt manner: any unspent grant funds; any
grant funds which are not used for the authorized purposes specified in this paragraph; any
interest earnings described in pazagraph 2.05 which aze not used for the purposes of
implementing the project acflvities described in Attachment A; and any `Yevolved" funds
described in paragraph 2.05 that aze not used by the Grantee to implement affordable and life-
cycle housing initiatives pursuant to paragraph 2.05. The Grantee must complete a11 major
components of the grant project as proposed and for which the Council made its gant award and
perform the special conditions stated in Attachment A, or the Grantee must retum to the Council
the entire grant amount specified in paragraph 2.01 of this agreement.
2.03 Budget Variance. A variance of ten percent (10%) in the amounts allocated to
various eligible uses identified in Attachment A sha11 be considered acceptabie without further
documentation or Council approval. Budget variances exceeding ten percent (10%) may require
approval of the goveming body of the Council. Notwithstanding the aggregate or net effect of
any variances, the Council's obligation to provide grant fixnds under this agreement shall not
exceed the maximum total grant amount specified in pazagraph 2.01 of this agreement.
2.04 Disbursement Schedule. The Council will disburse the grant funds to the
Grantee in accordance with the grant fund disbursement schedule contained in Attachment B,
attached to and made a part of this agreement. The Council wiil make disbursements only upon
receipt of a written disbursement request from the Grantee's authorized agent or representative.
2.05 Interest Earnings and Revolved Funds. If the Grantee earns any interest or
other income from the grant fixuds received from the Council under this agreement, the Grantee
will use the interest earnings or income only for the purposes of implementing the project
activities described in Attachment A. If the Grantee uses the grant funds on a"revolving" basis
or otherwise receives revolved funds from the project activities described in Attachment A, the
Grantee must: (a) use the revolved funds to implement similar eligible projects that will help the
Grantee meet its affbrdable and life-cycle housing goals and 'unplement the purposes of
Minnesota Statutes sections 473.25, 473.254 and 473.253; or (b) return the revolved funds to the
Council for use with other eligible projects. The Grantee shall report to the Council any revolved
funds received by the Crrantee and the Grantee's uses of those revolved funds.
2.06 Effect of Grant. Issuance of this grant neither implies any Council responsibility
for contamination, if any, at the project site nor imposes any obligation on the Council to
participate in any pollution cleanup of the project site, if such cleanup is undertaken or required.
Page 3 of 7 Pages `/�
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2.07 Matching Funds. The Crrantee has an obligation under this agreement to shaze in
the costs of the project by providing, directly or through project partners, at least a one hundred
percent (100%) match of cash or services from sources other than the Livable Communities
Demonstration Account. The Grantee agrees that there v��ill be no reduction in the monetary
amount of match unless there is at the same time a proportionate reduction in the *naximum total
grant amount. The Grantee must include in the reports required by article III the amount and
source of matching funds obtained and expended on specific project activifies.
III. ACCOUNTIl�G, AUDIT, AND REPORT REQUIREMENTS
3.01 Accounting and Records. The Grantee agrees to establish and maintain accurate
and complete accounts and records relating to the receipt and expenditure of all grant funds
received from the Council. Notwithstanding the expiration and ternunation provisions of
paragraphs 4.01 and 4.02, such accounts and records shail be kept and maintained by the Grantee
for a period of six (6) yeazs following the completion of the project ac6vities described in
Attachment A or six (6) years following the expenditure of the grant funds, whichever occurs
earlier. For all expenditures of grant funds received pursuant to this agreement, the Grantee will
keep proper fmancial records including invoices, contracts, receipts, vouchers, and other
appropriate documents sufficient to evidence in proper detail the nature and propriety of the
expenditure. Accounting methods shall be in accordance with generally-accepted accounting
principles.
3.02 Audits. The above accounts and records of the Grantee sha11 be audited in the
same manner as all other accounts and records of the Crrantee are audited and may be audited or
inspected on the Grantee's premises or otherwise by individuals or organizations designated and
authorized by the Council at any time, following reasonable notification to the Grantee, for a
period of six (6) years following the completion of the project activities described in Attachment
A or six (6) yeazs following the expenditure of the grant funds, whichever occurs earlier.
3.03 Report Requirements. The Grantee will provide to the Council one or more
written reports on the status of the project acrivides described in Attachment A and the
expenditures of the grant funds. The reporting schedule and the content of the written report(s)
aze identiFied in Attachment C, aitached to and made a part of this agreement.
3.04 Environmental Site Assessment. The Grantee represents that a Phase I
Environmental Site Assessment or other environmental review has been or will be carried out, if
such environxnental assessment or review is appropriate for the scope and nature of the project
activities funded by this grant, and that any environmental issues have been or will be adequately
addressed.
IV. AGREEMENT TERM
4.01 Term. This agreement is effective upon execution of the agreement by the
Council. Unless terminated pursuant to paragraph 4.02, this agreement expires December 31,
2004.
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4.02 Termination. "I'his agreement may be terminated by the Council for cause at any
time upon fourteen (14) calendar days' written notice to the Grantee. Cause shall mean a
material breach of this agreement and any amendments of this agreement. If this agreement is
terminated, the Grantee shall receive payment on a pro rata basis for project activiries described
in Attachment A that have been completed. Termination of tYus agreement does not alter the
Council's authority to recover grant funds on the basis of a later audit or other review, and does
not alter the Grantee's obligafion to return any grant funds due to the Council as a result of later
audits or conecfions. If the Council detennines the Grantee has failed to comply with the terxns
and conditions of this agreement and the applicable provisions of the Meiropolitan Livable
Cotnxnunities Act, the Council may take any action to protect the Council's interests, and may
refuse to disburse additional grant funds and may require the Grantee to rehun all or part of the
grant funds already disbursed.
4.03 Amendments. The Council and the Grantee may amend tkus agreement by
mutual agreement. Amendments, changes, or modifications of this agreement shali be effective
only on the execution of written amendments signed by authorized representatives of the Council
and the Grantee.
V. GENERAL PROVISIONS
5.01 Nondiscrimination; Equal Opportunity. The Grantee agrees it will not
discrixninate against any employee or applicant for employment because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, membership
or activity in a local civil rights commission, disability, sexual orientation, or age. The Grantee
further agrees to act �rmatively to insute applicants and employees are treated equally with
respect to a11 aspects of employment, rates of pay and other forms of compensation, and selection
fartraining.
5.02 Conflict of Interest. The members, officers, and employees of the Grantee shall
comply with all applicable state statutory and regulatory conflict of interest laws and provisions.
5.03 Liability. To the fullest extent permitted by law, the Grantee shall defend,
indemnify, and hold hannless the Council and its members, employees, and agents from and
against all claims, damages, losses, and expenses, including, but not limited to, attorneys' fees,
arising out of or resulting from the conduct or implementation of the project activities funded by
this grant. Claims included in this indemnification include, without limitation, any claims
asserted pursuant to the Minnesota Environmental Response and Liability Act (MERLA),
Minnesota Statutes chapter 115B, the federal Comprehensive Environmental Response,
Compensa6on, and Liability Act of 1980 (CERCLA) as amended, 42 U.S.C. sections 9601 et
seq., and the federal Resource Conservation and Recovery Act of 1976 (RCRA) as amended, 42
U.S.C. sections 6901 et seq. This obligation shall not be construed to negate, abridge, or
otherwise reduce any other right or obligation of indemnity which otherwise would exist between
the Council and the Grantee. The provisions of this pazagraph shall survive the ternunation of
this agreement. This indemnification shall not be construed as a waiver on the part of either the
Page S of 7 Pages
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Grantee or the Council of any immunities or limits on liability provided by Minnesota 5tatutes
chapter 466, or other applicabie state or federal iaw.
5.04 Acknowledgments. T1ie Crrantee shall acknowledge the financial assistance
provided by the Council in promotional materials, press releases, reports, and publications
relating to the project activities described in Attachment A which aze funded in whole or in part
with the grant funds. The acknowledgment should contain the following language:
Financing for this project was provided by the Metropolitan Council
Metropolitan Livable Communities Fund.
Until the project activitaes funded by this agreement aze completed, the Grantee shall ensure the
above acknowiedgment language, or alternative language approved by the Council's authorized
agent, is included on a11 signs located at project or construction sites that identify project
sponsors or entities providing financial support for the project.
5.05 Permits, Bonds, and Approvals. The Council assumes no responsibiliry far
obtaining any applicabie local, state, or federal licenses, pernuts, bonds, authorizations, or
approvals necessary to perform or complete the project activities described in Attachment A.
5.06 Contractors and Subcontractors. The Grantee shall include in any contract or
subcontract for project activities appropriate contract provisions to ensure contractor and
subcontractor compliance with all applicable state and federal laws. Along with such provisions,
the Crrantee shall require that contractors and s�bcontractors performing work covered by this
grant comply with all applicable state and federal Occupational Safety and Health Act
regulations.
5.07 Stormwater Discharge Requirements. If any grant funds are used for urban site
redevelopment, the Grantee shall at such redevelopment site meet or require to be met:
(a) all requirements of federal and state law relating to stormwater dischazges including,
without limitation, any applicable requirements of title 40, Code of Federal
Regulations, parts 122 and 123; and
(b) any additional requirements of the Council's Interim Strategy to Reduce Nonpoint
Source Pollution to All Metropolitan YYater Bodies (1992) including, without
limitation: (1) the requirement to utilize the Minnesota Pollution Conirol Agency's
urban best management practices enrided Protecting Water QuaZity in Urban Areas;
and (2) the requirement that all stormwater must be pretreated by facilities designed to
provide pollutant removal efficiencies equai to or greates t1�an those observed in wet-
detention basin facilities designed in accordance with the National Urban Runoff
Program (NiJRP) design criteria.
5.08 Attachments. The following aze attached to this agreement and are incorporated
into and made a part of this agreement:
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(a)
��
f�)
Attachxnent A- Sunuuary of the Grantee's application for Livable Communities
Demonstration Account Opporiwlity Grant funds, as approved
by the Councii
Attachment B- Gcant Fund Disbursement Schedule
Attachment C- Written Report Submission Schedule
5.09 Warranty of Legal Capacity. The individual signing this agreement on behalf
of the C�autee represents and warrants on the Grantee's behalf that the individual is duly
authorized to execute this agreement on the Grantee's behalf and that this agreement constitutes
the Grantee's valid, binding, and enforceable agreements.
IN WITNESS WI�EREOF, the Grantee and the Council have caused this agreement to be
executed by their duly authorized representatives. This agreement is effec6ve on the date of final
execurion by the Council.
Approved as to form:
Lynn M. Belgea
Office of General Counsel
METROPOLITAN COUNCIL
:
Elizabeth J. Ryan, Director
Housing and Livable Communities
Date:
FORJ�,AP��
���, 2 �(-m?
Ass2. City Attorn�y
0209S-OX.doc
CIT OF T PAU
/
Martha Fuller, Director
Plamiing and Economic Development
Date:
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Page 7 of 7 Pages
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ATTACHMENT A
APPLICATION FOR
LIVABLE COMMUIVITIES DEMONSTRATION ACCOUNT
OPPORTUNITY GRANT FUNAS
This attachment comprises this page and page A-2 and contains a summary of the proposed project
identified in the Crtantee's grant application whicb was submitted in response to the Council's
notice of availability of grant funds in April, 2002. The summary reflects the Grantee's proposed
project as approved by tl�e Council on July 24, 2002, and may reflect changes in project funding
sources, changes in funding amounts, or minor changes in the proposed project that occuned
subsequent to the application submission. The Grantee's grant application is incorporated into this
grant agreement by reference and is made a part of this grant agreement except as follows: If the
Grantee's application or any provision in tl�e grant application conflicts with or is inconsistent with
other provisions of this agreement or the project sumnsary contained in this Attachment A, the
terms, descriptions, and dollas amounts contained in this agreement and the project sunmzary
contained on page A-2 shall prevail.
A-1
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Applicant: St Paul Recommended �nding Amonnt: $45,000
Project Name: University Ave. and Dale Street Transit Oriented Development
Project Description
Development study for three comers of the University/Dale intersecrion to transform an older
city neighborhood with an increasingly diverse population along a traditional street-caz line from
auto-doininated uses to higher density, transit-oriented development. A 2001 Qpportunity Grant
is being used to do similaz planuing for two other nodes in the corridor.
Project Goals, Tasks or Outcomes
The City of Saint Paul Comprehensive Plan, Land Use Chapter adopted in 1999 idenrifies University
Avenue as one ofthe five primary corridors addressed in the plan. This project will also specifically
support Objective 5.5.2 which states: "`I`he City will encourage more housing and jobs to locate along
high-service bus routes." The Transportation Plan of the Comprehensive Plan includes policies that
support the development of transit as part of a regional system that also serves the econoxnic development
efforts in Saint Paul and enhances its neighborhoods. 4Vhile not directly linked, this is to complement the
station planning process of the Cen�a1 Comdor transit study.
Staff Review Team Comments
• Good timing
• Good sense of vision
• The project will lay the groundwork for land use that links to the fulure Central Corridor
• It's important to do this kind of planning in preparation for development of transitways
Concern:
• Application does not address stoxmwater management. This proj ect presents an excellent
opporlunity to reduce/replace unpervious area with green space and to implement innovative
stormwater management practices.
Funding Requested/Funding Recommended
Detail site plans, massing models/drawings,
$5,000 � $5,000 � Revisions based on
$5,000 $-0- Create promotional
Development Timeline
The project wouid begin immediately upon receiving funding from the Metropolitan Council and
last no more than 10-14 months. VJhile not directly linked, this is to complement the station
pianning process of the Central Corridor transit study.
Local Match
$45,000 — City and/or community partners staff or services or cash expenditures.
A-2
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ATTACHNiENT B
GRANT FUND DYSBURSEMENT SCHEDULE
The maximum total grant amount specified in paragraph 2.01 of this agreement shall be disbursed to
the Cnantee for uses consistent with this agreement according to the following schedule:
The Council will disburse grant funds in response to written disbursement requests
submitted by the Cnantee and reviewed and approved by the Council. Written
disbursement requests shall indicate the project activity funded by this agreement, the
contractor(s)/vendar(s) to be paid, and the tnne period within which the project
activity was or will be performed. Disbursements prior to the performance of a
project activity will be subject to terms and conditions mutually agreed to by the
Council's authorized agent and the Crrantee. Individual disbursement requests should
specify the project or activity to be funded and identify dollaz amounts by project or
activity. Subject to verification of a written disbursement request and approval far
consistency with this agreement, the Council will disburse a requested amount to the
Grantee within fifteen (15) business days after receipt of a written disbursement
request.
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ATTACIIMENT C
WRITTEN REPORTS AND SUBMISSION SCHEDULE
Be nnin three (3) months after the Crrantee initially receives grant funds, the Crrantee shall submit
to the Council written quarterly reports which shall contain at least the following elements:
A siunmary of grant funds received and expended to date, including a
description of the purposes or uses for which the grant funds were expended;
and
A summary of matching funds contributed and expended to date, including a
description of the purposes or uses for which the matching funds were
expended; and
A statement of expected grant and matching fund expenditures within the
next quarter.
The Grantee's final written quarterly report shail be submitted within two (2) months following the
expenditure of all grant funds and the required match by the Grantee and shall contain a certification
by the Grantee's chief financial officer that all grant and matching funds have been expended in
accordance with this agreement and the provisions of the Metropolitan Livable Communities Act.
The Crrantee also shall complete and submit to the Council a Monitoring and Evaluation Report
which will assist the Council in monitoring and evaluating the implementation of the Livable
Communities Demonstration Account program. The contents, format, and completion date of the
Monitoring and Evalua6on Report will be deternuned by the Councii. This xeporting requiremeni
and the reporting requirement of paragraph 2.05 shall survive the termination or expiration of this
agreement.
AUTAORIZED AGENT
The Council's authorized agent for the purposes of administering this agreement is Wayne Nelson
or another designated Council employee. The written report(s) submitted to the Council shall be
directed to the attention of the CounciPs authorized agent at the following address:
Metropolitan Council
Mears Pazk Centre
230 East Fifth Street
Saint Paul, Minnesota 55101-1634
C-1
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Contract No. SG-02-98
METROPOLTTAN LIVABLE COMMUNITIES ACT
LIVABLE COMMUNTTIES DEMONSTRATION ACCOUNT
OPPORTUNITY GRANT AGREEMENT
THIS AGREEMENT is entered into by the Metropolitan Council ("the Council") and the City
of Saint Paul ("the Crrantee").
WI3�REA5, Minnesota Statutes secfion 473.251 creates the Metropolitan Livable Communities
Fund, the uses of which must be consistent with and promote the purposes of the Metropolitan
Livable Communities Act and the policies of the Metropolitan Development Guide adopted by
the Council; and
WHEREAS, Minnesota Statutes secfions 473.251 and 473.253 establish within the Metropolitan
Livable Communities Fund a Livabie Communities Demonstration Account and require the
Council to use the funds in the account to make grants or loans to municipalities participating in
the Local Housing Incentives Program under Minnesota Statutes section 473.254 or to
metropolitan-azea counties or development authorities to fund the inifiatives specified in
Minnesota Statutes section 473.25, paragraph (b), far projects in participating municipalities; and
WI�REAS, the Council makes Livable Communities Demonstration Account fixnds available
as "Opportunity Grants" to fund local initiatives to develop project-specific and site-specific
plans according to Smart Growth principles; and
WI�REAS, the Council requires that Livable Communities Demonstrafion Account
Opportunity Grants must be matched on a doilar-for-dollar basis by the municipality, county, or
development authority receiving the funds, or their project partners; and
WHEREAS, the Grantee is a municipality participating in the Local Housing Incenfives
Account program under Minnesota Statutes section 473.254 or a metropolitan-area county or
development authority, has submitted an application for a Livable Communities Demonstration
Account Opportunity Grant in response to the Council's request for applications, and has
identified the required local match; and
WHEREAS, at its July 24, 2002, regular meeting, the Council awarded Livabie Communities
Demonstration Account Opportunity Grants to certain projects, including the project described in
the Grantee's application for a Livable Communities Demonstration Account Opport�uity Grant.
NOW THEREFORE, in considerarion of the mutuai promises and covenants contained in this
agreement, the Grantee and the Council agree as foliows:
Page 1 of 7 Pages
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I. DEF'INITIONS
1.01 Definition of Terms. For the purposes of this agreement, the terms defined in
this paragraph have the meanings given them in this pazagraph unless otherwise provided or
indicated by the conteat.
(a) "MetropoZitan Area" means the seven-county metropolitan area as defined by
Minnesota Statutes section 473.121, subdivision 2.
(b) "Municipality" means a statutory or home rule charter city or town participating
in the Local Housing Incentives Account Program under Mimiesota Statutes
section 473.254, or a county or development authority in the Metropolitan Area,
including housing and redevelopment authorities, economic development
authorities, and port authorities.
(c) "Participating Municipality" means a statutory or home rule charter city or town
which has elected to participate in the Local Housing Incentive Account program
and negotiated affordable and life-cycle housing goals for the Municipality
pursuant to Minnesota Statutes section 473.254.
II. GRANT AND MATCHING �UNDS
2A1 Total Grant Amount. The Council will grant to the Grantee a masnnum total
grant amount of $45,000.00, which shall be funds from the Livable Communities Demonstration
Account of the Metropolitan Livable Communities Fund. Notwithstanding any other provision
of this agreement, the Grantee understands and agrees that any reduction or termination of
Livable Communities Demonstration Account grant funds made available to the Council may
result in a like reduction to the Grantee.
2.02 Authorized Use of Grant and Matching Funds. The Grantee's match and the
total grant amount made available to the Grantee under this agreement shall be used only for the
purposes and activities described in the Grantee's application far Livable Communities
Demonstration Account grant funds. A summary of the Crrantee's application which identifies
eligible uses of the funds is attached to and incorporated into this agreement as Attachment A. If
the provisions of the Grantee's application aze inconsistent with other provisions of this
agreement, the other provisions of this agreement sha11 take precedence over the provisions of the
application.
Grant and matching funds must be used to fund the inifiatives specified in Minnesota Statutes
section 473.25, paragraph (b), in a Participating Municipality. Grant funds must be used for
costs direc#ly associated with the specific proposed activities and aze intended to be used for
"hazd costs" rather than "soft costs." Ineligible uses include: adinniistrative overhead; activities
prior to the date of the grant award;lravel expenses; legal fees; permits, licenses, or authorization
fees; costs associated with preparing other grant proposals; operating expenses; comprehensive
plaiming costs; and prorated lease and salary costs. If consistent with the application, the
Page 2 of 7 Pages
03-�`tl
Grantee may use the grant funds to make deferred loans (loans made without interest or periodic
payments), revolving loans (loans made with interest and periodic payments) or otherwise make
the grant funds available on a"revolving" basis for the purposes of implementing the project
activities described in Attachment A.
The Council shall beaz no responsibility for cost overruns wluch may be incurred by the Grantee
or others in the implementation or performance of the project acrivities described in Attachment
A• The Grantee agrees to remit to the Council in a prompt manner: any unspent grant funds; any
grant funds which aze not used for the authorized purposes specified in this pazagraph; any
interest earuings described in paragraph 2.05 which are not used for the purposes of
implementing the project acfivities described in Attachment A; and any ° �revolved" funds
described in paragraph 2.05 that aze not used by the Grantee to implement affordable and life-
cycle housing initiatives pursuant to paragraph 2.05. The Grantee must complete all major
components of the grant project as proposed and for which the Council made its grant award and
perform the special conditions stated in Attachment A, or the Grantee must return to the Council
the entire grant amount specified in paragraph 2.01 of this agreement.
2.03 Budget Variance. A variance of ten percent (10%) in the amounts allocated to
various eligible uses idenfified in AttacYunent A shall be considered acceptable without fiu�ther
documentafion or Council approval. Budget variances exceeding ten parcent (10%) may require
approval of the governing body of the Council. Notwithstanding the aggregate or net effect of
any variances, the Council's obligation to provide g�ant funds under this agreement shall not
exceed the maximum total grant amount specified in paragraph 2.01 of this agreement.
2.04 Disbursement Schedule. The Council will disburse the grant funds to the
Grantee in accordance with the grant fund disbursement schedule contained in Attachxnent B,
attached to and made a part of this agreement. The Council wili make disbursements only upon
receipt of a written disbursement request from the Grantee's authorized agent or representative.
2.05 Interest Earnings and Revolved Funds. If the Grantee earns any interest or
other income from the grant funds received from the Council under this agreement, the Grantee
will use the interest earnings or income only for the purposes of implementing the project
activities described in Attachment A. If the Grantee uses the grant funds on a"revolving" basis
or otherwise receives revolved funds from the project activities described in Attachment A, the
Grantee must: (a) use the revoived funds to unplement similar eligible projects that will help the
Grantee meet its affbrdable and life-cycle housing goals and implement the purposes of
Minnesota Statutes sections 473.25, 473.254 and 473.253; or (b) return the revolved funds to the
Council far use with other elib ble projects. The Gi•antee shall report to the Council any revolved
funds received by the Grantee and the Grantee's uses of those revolved funds.
2.06 Effect of Grant. Issuance of this grant neither implies any Council responsibility
for contaminafion, if any, at the project site nor imposes any obligation on the Council to
participate in any pollution cleanup of the project site, if such cleanup is undertaken or required.
Page 3 of 7 Pages `/ R!
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2.07 Matching Funds. The Crrantee has an obiigation under this agreement to share in
the costs of the project by providing, directiy or through project partners, at least a one hundred
percent (100%) match of cash or services from sources other than the Livable Communities
Demonstration Account. The Grantee agrees that there will be no reduction in the monetary
amount of match uuless there is at the same time a proportionate reduction in the maximum total
grant amount. The Grantee must inciude in the reports required by article III the amount and
source of matching funds obtaiued and expended on specific project activities.
IlI. ACCOUNTING, AUDIT, AND REPORT REQUIREMENTS
3.01 Accounting and Records. The Grantee agrees to establish and maintain accurate
and complete accounts and records relating to the receipt and expenditure of all grant fixnds
received from the Council. Notwithstanding the expirarion and temunation provisions of
paragraphs 4.01 and 4.02, such accounts and records shall be kept and maintained by the Grantee
for a period of six (6) yeazs following the completion of the project activities described in
Attachment A or six (6) yeazs following the expenditure of the grant funds, whichever occurs
eazlier. For all expenditures of grant funds received pursuant to this agreement, the Grantee will
keep proper financial records including invoices, contracts, receipts, vouchers, and other
appropriate documents sufficient to evidence in proper detail the nature and propriety of the
expenditure. Accounting methods shall be in accordance with generally-accepted accounting
principles.
3.02 Audits. The above accounts and records of the Grantee sha11 be audited in the
same manner as all other accounts and records of the Crrantee aze audited and may be audited or
inspected on the Grantee's premises or otherwise by individuals or organizations designated and
authorized by the Council at any time, foliowing reasonable notification to the Grantee, for a
period of six (6) years following the completion of the project activities described in Attachment
A or six (6) years following the expenditure of the grant funds, whichever occurs earlier.
3.03 Report Requirements. The Grantee will provide to the Council one or more
written reports on the status of the project activities described in Attachment A and the
expenditures of the grant funds. The reporting schedule and the content of the written report(s)
aze identified in Attachment C, attached to and made a part of this agreement.
3.04 Environmental Site Assessment. The Grantee represents that a Phase I
Environmental Site Assessment or other environmental review has been or will be carried out, if
such environxnental assessment or review is appropriate for the scope and nature of the project
acrivities funded by this grant, and that any environmental issues have been or will be adequately
addressed.
IV. AGREEMENT TERM
4A1 Term. This agreement is efFective upon execution of the agreement by the
Council. Unless ternunated pursuant to paragraph 4.02, this agreement expires December 31,
2004.
Page 4 of 7 Pages
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4.02 Termination. This agreement may be termivated by the Council for cause at any
time upon fourteen (14) calendaz days' written notice to the Crrantee. Cause shatl mean a
material breach of this agreement and any amendments of this agreement. If this agreement is
teruiinated, the Grantee shall receive payment on a pro rata basis for project activities described
in Attachment A that have been completed. Termination of this agreement does not alter the
Council's authority to recover grant funds on the basis of a later audit or other review, and does
not alter the Grantee's obligation to return any gant funds due to the Council as a result of later
audits or correcrions. If the Council determines the Grantee has failed to comply with the terms
and conditions of this agreement and the applicable provisions of the Metropolitan Livable
Communities Act, the Council may take any action to protect the Council's interests, and may
refuse to disburse additional grant funds and may require the Crrantee to retum all or part of the
grant funds already disbursed.
4.03 Amendments. The Council and the Grantee may amend this agreement by
mutual agreement. Amendments, changes, or modifications of this agreement shail be effective
only on the execution of written amendments signed by authorized representatives of the Council
and the Grantee.
V. GENERAL PROVISIONS
5.01 Nondiscrimination; Equal Opportunity. The Grantee agrees it will not
discriminate against any employee or applicant for employment because of race, color, creed,
religion, national origin, sex, marital status, status with regazd to public assistance, membership
or activity in a local civil rights commission, disability, sexual orientation, or age. The Crrantee
fiu agrees to act affirmatively to insure applicants and employees aze treated equally with
respect to all aspects of employment, rates of pay and other forms of compensation, and selection
for h
5.02 Conflict of Interest. The members, officers, and employees of the Grantee shall
comply with all applicable state statutory and regulatory conflict of interest laws and provisions.
5.03 Liability. To the fullest extent permitted by law, the Grantee shall defend,
indemnify, and hold hannless the Council and its members, employees, and agents from and
against all claims, damages, losses, and expenses, including, but not limited to, attorneys' fees,
arising out of or resulting from the conduct or implementation of the project activities funded by
this grant. Claims included in this indemnification include, without limitation, any claims
asserted pursuant to the Minnesota Environmental Response and' Liability Act (MERLA),
Minnesota Statutes chapter 115B, the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA) as amended, 42 U.S.C. sections 9601 et
seq., and the federal Resource Conservation and Recovery Act of 1976 (RCRA) as amended, 42
U.S.C. sections 6901 et seq. This obligation sha11 not be construed to negate, abridge, or
otherwise reduce any other right or obligation of indemnity which otherwise would exist between
the Council and the Grantee. The provisions of this paragaph shall survive the termination of
this agreement. This indemnificafion shall not be construed as a waiver on the part of either the
Page S of 7 Pages
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Grantee or the Council of any unmunities or limits on liability provided by Minnesota Statutes
chapter 466, or other applicable state or federal law.
5.04 Acknowledgments. The Crrantee shall acknowledge the financial assistance
provided by the Council in promotional materials, press releases, reports, and publications
relating to the project activities described in Attachment A which aze funded in whole or in part
with the grant funds. The aclaiowiedgment shoutd contain the following language:
Financing for this project was provided by the Metropolitan Council
MetropoZitan Livable Communities Fund.
Until the project activities funded by this agreement are completed, the Grantee shall ensure the
above acknowledgment language, or altemative language approved by the Council's authorized
agent, is included on all sigis located at project or construction sites that identify project
sponsors or entities providing financial support for the project.
5.05 Permits, Bonds, and Approvals. The Council assumes no responsibility for
obtaining any applicable local, state, or federal licenses, pernuts, bonds, authorizations, or
approvals necessary to perform or complete the project activifies described in Attachment A.
5.06 Contractors and Subcontractors. The Grantee shall include in any contract or
subcontract for project activities appropriate contract provisions to ensure contractor and
subcontractor compliance with all applicable state and federallaws. Along with such provisions,
the Grantee shall require that contractors and s�bcontractors performing work covered by this
grant comply with all applicable state and federal Occupational Safety and Health Act
regulations.
5.07 Stormwater Discharge Requirements. If any grant funds are used for urban site
redevelopment, the Grantee shall at such redevelopment site meet or require to be met:
(a) all requirements of federal and state law relating to stormwater dischazges including,
without limitation, any applicable requirements of title 40, Code of Federal
Regulations, parts 122 and 123; and
(b) any additional requirements of the Council's Interim Strategy to Reduce Nonpoint
Source Pollution to All Metropolitan Water Bodies (1992) including, without
limitation: (1) the requirement to utilize the Minnesota Pollution Control Agency's
urban best management practices entifled Protecting Water Quality in Urban Areas;
and (2) the requirement that all stormwater must be pretreated by facilides designed to
provide pollutant removal efficiencies equal to or greater than those observed in wet-
detention basin facilities designed in accordance with the National Urban Runoff
Program (NLTRP) design criteria.
5.08 Attachments. The following are attached to this agreement and aze incorporated
into and made a part of this agreement:
Page 6 of 7 Pages
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(a)
Attachment A- Summary of the Cnantee's application for Livable Communities
Demonstration Account Opportunity Crrant funds, as approved
by the Council
r�
(c)
Attachment B- Grant Fund Disbursement Schedule
Attachment C- VJritten Report Submission Schedule
5.09 Warranty of Legal Capacity. The individual signing this agreement on behalf
of the Crrantee represents and warrants on the Grantee's behalf that the individual is duly
authorized to execute this agreement on the Grantee's behalf and that this agreement constitutes
the Grantee's valid, binding, and enforceable agreements.
IN WI'INESS WHEREOF, the Grantee and the Council have caused this agreement to be
executed by their duly authorized representatives. This agreement is effective on the date of final
execurion by the Council.
Approved as to form:
Lynn M. Belgea
OfFice of General Counsel
METROPOLITAN COUNCIL
�
Elizabeth J. Ryan, Director
Housing and Livable Communities
Date:
F0 APPROVEt3:
: ��� �""'a- �'(l-a.�
Asst. CiLy Attorney
02098-OX.doc
CYT T PA L
B•
Martha Fuller, Director
P12.miing and Economic Development
Date:
�,—Ic�—c
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ATTACA.MENT A
APPLICATION FOR
LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT
OPPOI2TUPTITY GRANT FCTNDS
This attachment comprises this page and page A-2 and contains a summary of the proposed project
identified in the Grantee's grant application which was submitted in response to the Council's
no6ce of auailability of grant funds in April, 2002. The stwunary reflects the Grantee's proposed
project as approved by the Council on July 24, 2002, and may reflect changes in project funding
sources, changes in funding amounts, or minor changes in the pzoposed project that occurred
subsequent to the application submission. The Grantee's grant application is incorporated into this
grant agreement by reference and is made a part of this grant agreement except as follows: If the
Grantee's application or any provision in the grant applicadon conflicts with or is inconsistent with
other provisions of this agreement or the project stniunary contained in this Attachment A, the
terms, descriptions, and dollar amounts contained in this agreement and the project suminary
contained on page A-2 shall prevail.
A-1
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Applicant: St Paul Recommended �nding Amount: $45,000
Project Name: University Ave. and Dale Street Transit Oriented Development
Project Description
Development study for three comers of the University/Dale intersection to trausform an older
city neighborhood with an increasingly diverse population along a traditional street-caz line from
auto-dominated uses to higher density, transit-oriented development. A 2001 Opportunity Grant
is being used to do similar planniug for two other nodes in the corridor.
Project Goals, Tasks or Ontcomes
The City of Saint Paul Comprehensive Plan, Land Use Chapter adopted in 1999 idenrifies University
Avenue as one of the five primary corridors addressed in the plan. This project will also specifically
support Objecrive 5.5.2 which states: "The City will encourage more housing and jobs to locate along
high-service bus routes." The Transportation Plan of the Comprehensive Plan includes policies that
support the development of transit as part of a regional system that also serves the economic development
efforts in Saint Paul and enhances its neighborhoods. While not directly linked, this is to complement the
starion planning process of the Central Corridor transit study.
Staff Review Team Comments
• Good timing
• Good sense of vision
• The project will lay the groundwork for land use that links to the fixture Central Corridor
• IYs important to do this kind of planning in prepazation for development of iransitways
Concern:
• Application does not address stormwater management. This proj ect presents an excellent
opporhiirity to reduceheplace impervious area with green space and to implement innovative
stormwater management practices.
Funding Reqnested/Pauding Recommended
$40,000 $40,000 Detaii site plans, massing models/drawings,
market study
$5,000 $5,000 Revisions based on public review and adopt
$5,000 $-0- Create promotional materials
Development Timeline
The project would begin immediately upon receiving fixuding from the Metropolitan Council and
last no more than 10-14 months. While not directly linked, this is to complement the starion
plauuiug process of the Central Corridor transit study.
Local Match
$45,000 — City and/or community partners staff or services ar cash expenditures.
A-2
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GRANT FUND DISBURSEMENT SCHEDULE
The maximum total grant amount specified in pazagraph 2.01 of this agreement shall be disbursed to
the Cnantee for uses consistent with this agreement according to the following schedule:
The Council will disburse grant funds in response to written disbursement requests
submitted by the Grantee and reviewed and approved by the Council. Written
disbursement requests shall indicate the project activity funded by this agreement, the
contractor(s)/vendor(s) to be paid, and the time period within which the project
activity was or will be performed. Disbursements prior to the performance of a
project activity will be subject to terms and conditions mutually agreed to by the
Council's authorized agent and the Grantee. Individual disbursement requests should
specify the project or activity to be funded and identify dollaz amounts by project or
activity. Subject to verification of a written disbursement request and approval for
consistency with this agreement, the Council will disburse a requested amount to the
Grantee within fifteen (15) business days after receipt of a written disbursement
request.
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►•vW��y:i��i�.rr�;
WRITTEN REPORTS AND SUBMISSION SCHEDULE
Beginning three (3) months after the Grantee initially receives grant funds, the Grantee shall submit
to the Council written quarterly reports which shall contain at least the following elements:
A summary of grant funds received and expended to date, including a
description of the purposes or uses for which the grant funds were expended;
and
A summary of matching funds contributed and expended to date, including a
description of the purposes or uses for which the matching funds were
expended; and
A statement of expected grant and matching fund expenditures within the
next quarter.
The Czrantee's final written quarterly report shall be submitted within two (2) months following the
expenditure of a11 grant funds and the required match by the Grantee and shall contain a certification
by the Grantee's chief financial officer that a11 grant and matching funds have been expended in
accordance with this agreement and the provisions of the Meiropolitan Livable Communities Act.
The Grantee also shall compiete and submit to the Council a Monitoring and Evaluation Report
which will assist the Council in monitoring and evaluating the unplementation of the Livable
Communities Demonstration Account program. The contents, format, and completion date of the
Monitoring and Evaluation Report wili be determined by the Council. This reporting requirement
and the reporting requirement of paragraph 2.05 shall survive the termination or expiration of this
agreement.
AUTHORIZED AGENT
The Council's authorized agent for the purposes of admivistering this agreement is Wayne Nelson
or another designated Council employee. The written report(s) submitted to the Council shall be
directed to the attention of the Council's authorized agent at the foflowing address:
Metropolitan Council
Mears Park Centre
230 East Fifth Street
Saint Paui, Minnesota 55101-1634
C-1