09-1210Council File # 09-1210
Green Sheet # 3083796
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CITY
Presented by
�
WHEREAS, Como Pazk Zoo and Conservatory is identified as a recipient of State of Minnesota Arts and Cultural
Herita�e Grant funds in the Legacy Amendment sales tax for prograznmaric development under Minn. Stat. Chapter 172, Article
4, Section 2, Subd. 5( fl;and
WHEREAS, Como Pazk Zoo and Conservatory will enter into a Grant Ageement for the State fiscal years of
2009/2010 and 2010/201 I; and
WHEREAS, the �ant amount will be paid in four equal payments of $27,843.75 per state fiscal yeaz, not to exceed
$222,750 for the biennium; and
WHEREAS, Como Pazk Zoo and Conservatory will utilize the Legacy Amendment Arts and Clfltural Heritage funds
for four initiarives that would otherv✓ise not be possible to offer to our guests as part of the Zods base funding. These initiatives
include educarional and interpretive signage, animal interactive show, temporary art e�ibits, and a seasonal butterfly eachibit;
and
NOW, BE IT RESOLVED, that the City of Saint Paul and the Saint Paul City Council authorize the Department of
Pazks and Recrearion to enter into a grant agreement with the State of Minnesota on behalf of Como Park Zoo and Conservatory.
Ado
Ado
By:
App
By:
Requested by
Parks and
By:
Approved�
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Approved by City A orney / J
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By:
pted by CouncIl: Date �
O ��G'��/�9 Approvefl y o ubmiss' to ncil
ption Certified by Cound Secretary By:
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roved b Date jl � 3 V
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RESOLUTION
NT PAL1L. MINNESOTA
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
nca_i � i n
DepartmenUOffiWCOUncil: Datelnitiated: GCeePI Sheet NO 3083796
PR _ Parks and Recreation 13 OCT 2009
Contact Person & Phone: I I Deoartrnent Sent To Person InitiailDats
MichelleFurter � o arksaonRecreason 0
207-0333 1 arks and Recreatiou De armient Accountant
�� 2 ' aocial Services Director
Must Be on Council Agenda by (Date): Number
04-NOV-09 For 3 i Attome Direc[or
RoUting 4 ayor's Office � Ma or
Doa Ortler I 5 ICoancil 0
6 i Clerk 0
E-DOCUment Required: Y
DocumentConWCt: DianaBerchem
ConWM Phone: 66404
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approve Council Resolution authorizing with State of Minnesota for a Grant Agreement to receive funds through the Legacy
Amendment Arts and Cultural Heritage sales tax funds for programmatic development at Como Pazk Zoo and Conservatory.
Recommendations: Approve (A) or Reject (R): Personai Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person/firtn ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firtn possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet.
Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why):
Como Park Zoo and Conservatory was recommended by the State of Minnesota to receive grant funds, along with other Minnesota
Zoos, for programmatic development under the Legacy Amendment Sales Taac funds. The grant amount over the next biennium is not
to exceed $222,750.
AdvanWges If Approved:
Como Zoo will urilize the Legacy Amendment Arts and Cultural Heritage funds for four initiatives that would otherwise not be
possible to offer to other guests as part of the Zoo's base funding. These iniriatives include educaUOn and interpretive signage, animal
shows, temporary art eachibits, and a seasonal butterfly eachibit.
DisadvanWges If Approved:
None.
Disadvantages If Not Approved:
The opportuniry to utilzie [he funds on programs that would not othenvise be available without the grant.
ToYal Amount of
Transaction: CosURevenue Budgeted:
Punding Source: Activity Number. a- � F' � ' ���
Financiai Information:
� ��"� �
(Explain)
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October 20, 2009 11:12 AM Page 1
09-1210
STATE OF MI�\NESdfiA
GRANT CONfRACT
This granY contract is between the State of Minnesota, acting through its commissioner of Adminisfration
("State") and Como Pazk Zao and Conservatory, 1225 Estabrook Drive, Saint Paul, MN 55103{"Grantee").
Recitals
1. Under Minn. Stat. ChapYer 172, Article 4, Sec6on 2, Subd. 5{f) the State is empowered to enter into this
gxant.
2. The State is in need of pro�ammatic development at IvIinnesota's zoos.
3. The Grantee represents Yhat it is duly qualified and agrees to perform all services described in this grant
contract to the satisfaction of the State.
Grant Contract
Term of Grant Contract
i.l Effective dkte: July 1, 2009. No payments will be made until7uly 1, 2009, or the date the State obYains
all reqnired signatures under MinnesaTa Statutes Secrion 16C.05, subdivision 2, whichever is later.
No payments w'rll be made to the Grantee until this contract is fully executed.
1.2 Expiration date: June 3Q, 2Q11, or until ail obligadons have been sadsfactorily fulfiiled, whichever
occurs first.
1.3 Survival of Terms. The foliowing clauses survive the expirarion or cancellation of this grant contract:
8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and
Endorsement; 13. Goveming Law, Jurisdiction, and Venue; and 15 DaTa Disclosure.
2 Grantee's Duties
The Crrantee, who is not a state emgloyee, will perform the duties specified in Exhibit A, which is attached
to and incorporated inYO this grant contract.
3 Time
The Grantee rnust comply with all the time requirements described in this grant contract. In the performance
of this grant contract, time is of the essence.
4 Consideration and Payment
4.1 Consideratiorz. The State will pay for all services performed by the Grantee under this grant contract as
follows:
(1) Compensation. The Grantee will be paid four equai payments of $27,843.75 during State Fiscal Year
2030, not to exceed $111,375 for tha fiscal yeaz. Each payment will be an advance payment and
expenditures must be accounted for in a financiai progress report to the State by Fabruary 1, 201Q.
Each quarterly payment and expenditures for the fiscal yeaz must be aceounted for in a financial
report to the State by Aagust 1, 2010.
The Graatee will be paid four equal payments of $27,843.75 during State Fiscal Year 2011, not to
exceed $111,375 for the fisca2 yeaz. Each payment wili be an advance payment and expenflitures must be
accounted for in a financial progress report to the State by January 1, 2011. Each quarferly payment and
expenditures for the fiscal year must be accounted for in a financial report to the State by August 1,
2011.
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(2} Crrantee expenditures must adhere to the most recent version of the grant budget that has been
approved by the State and must be solely for allow expenses, as identified by the State.
(3) Ail grant funds must suppiemene and not supplant existing Crrantee funds.
(4) No more than 2.5 percent of the grant funds may be used by the �antee for adminisintion.
(5} Travet Expenses. Reimbursement for travel and subsistence expenses actualiy and necassarily
incurrad by the Grantee as a result of this grant contract will not exceed $0.00; grovided that the Giantee
will be reimbursed for travel and subsistence axpenses in the sazne manner and in no greater amount than
provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee
Relations. The Grantee will not be reimbursed for traval and sabsistence expenses incurred outside
Minnesota unless it has received the Stata's prior written approval for out of state travel. Minnesota wiil
he considered the home state for determining whether fravel is out of state.
Total Obligatian. The total obiigation of The State for all compensation and reimhursements to the
Grantee under this grant contract will not exceed $222,750.
4.2. Payment
(1) Invoiees. The State will prompdy pay the Grantee after the Cnantee presents an initial request for the
first payment and submits interim and final reports as outlined in Section 4.1 of this agreement.
The State will pay the Grantee according to the following schedule:
State Fiscal Year 2010 (7uly 1, 2009-June 30, 2010)
Payment 1: Available after October 1, 2009
Paytnent 2: Available after December 1, 2009
Payment 3: Available after February i, 2010
Payment 4: Available after April 1, 2010 •
State FYscaI Year 2011 (July 1, 2010-June 30. 2011)
Payment 1: Available aftei 7uly I5, 2410
Payment 2: AvailabJe after October 1, 2010
Payment 3: Avaiiable after January 1, 2011
Payment 4: Available after April 1, 2011
{2) Federat,funds. (Where appIicable, if blank this section does not apply) Payments under this grant
contract will be made from federal funds obtained by the State through Title CFT3A
number of the Act of . The Grantee is responsible for compliance
with alI federal requirements imposed on these £unds and accepts full financial responsibility for
any requirements imposed by the Grantee's failure to comp3y with federaI requirements.
5 Conditions of Payment
Ail services provided by the Grantee under this grant contract must be performed ta the State's
reasonable satisfaction, as deternvned at the sola discretion of The State's Authorized Representative and
in accordance with all applicable fedaral, state, and Iacal laws, ordinances, rules, and regulations. The
Grantee will not receive payment for work found by the State to be unsatisfactory or perFormed in
violation of federal, state, or local law.
The Grantee must submit a report by January 15 each year to the State's authorized representative and
the legislahue regarding how the previous year's grant funds were expended and progress towards the
outcome measures identified by the Cnantee in their approved work plan.
Authorized Representative
Crtant (Rev. 11/08}
09-1210
'I`he State's Authorized Representative is I.enora Madigan, Director of Financial Management and
Repordng, Suite 200 50 Sherburne Avenue, St. Faul, MI`, 55155, or hislher successor, and has the
responsibility to momtor fhe Grantee's performance and the authority to accept the services provided
under this grant contract. If the services aze satisfactory, the State's Authorized Representative will
certify acceptance on each invoice submitted for paymenY.
The Grantee's Authorized Representative is Michelle Furrer, DirectorlCampus Manager, Como Puk
Zoo and Conservatory,1225 Estabrook Drive, Saint Paul, MN 55103, 651-207-0333. If the Grantee's
Authorized Representative changes at any time during this grant contract, the Grantee must immediately
notify the State.
7 Assignment, Amendments, Waiver, and Grant Contract Compiete
7.1 Assignmeer� The Csrantee may neither assign nor transfer any rights or obligations under this grant
contract without the prior consenY of the State and a fufly executed Assignment Agreement, executed
and approved by the same parties who executed and approved this grant contract, or their successors
in office.
7.2 Amendments. Any amendment to ttus grant contract must be in writing and will not be effective
until it has been executed and approved by the same parties who executed and appraved the original
�ant canTract, or their successors in office.
7.3 Waiver. If the State fails to ettforce any provision of this grant contract, that failure does not waive
the provision or its right to enforce it. `
7.4 Cr¢nt Contract Complete. T'his grant contract contains all negotiations and agreements between the
State and the Grantee. No other understanding regazding this grant contract, whether written or oral,
may be used to hind either party.
8 Liabiliiy
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any
ctaims or causes of action, including attorney's fees incurred by the State, arising from the performance
of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be
construed to baz any Iegal remedies the Grantee may have foz the State's failure to fulfzll its ob2igarions
under this grant contract.
9 State Audits
Under Nfinn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting
procedures and practices relevant to this grant conCract aze subject to examinatio� by the State andlor the
State Auditor or Legisiative Auditor, as appropriate, far a minimum of six yeazs from the end of this
grant contract.
10 Government Data Practices and Intellectual Property
i0, l. Crovernment Data Practiees. The Grantee and State must comgly with the Minnesota Government
Data Pracrices Acf, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this
grant contract, and as iY applies to atl data created, collected, received,.stored, used, maintained, or
disseminatad by the Grantee under this grant conYract. The civil remedies of Minn. Stat. § 13.08
agply to the release of the data referred to in this clause by either the Crrantee or the State.
If the Grantee receives a reguest to release the data referred ta in this Clause, the Cnantee must
immediateIy notify the State. The State will give the Grantee insuuctions concerning the release of
the data ta the requesting party before the data is released.
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I0.2.Inteltectual Property Rights
The Crrantee retains ownership af all intellectual praperty created with these b ant funds.
11 Workers' Compensation
'Fhe Grantee certifies that it is in comgliance with Minn. Stat, § I76.181, subd. 2, pertaining to workers'
comgensation insurance coverage. The Grantee's employees and agents will not be considered State
employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behaif of
these emplopees and any claims made by any third parry as a consequence of any act or omission on the
part of these empIoyees aze in no way the State's obligaflon or responsibility.
12 Publicity and Endorsement
12.1 Publictty. Any publicity regazding the subject matter of this grant cantract must identify the Arts
and CuIturai Heritage Fund as the sponsor. The grantee mnst display a sign on capital projects
during construction and an acknowledgement in a printed program or other material funded with
money from the azts and cuitural heritage fund that identifies it as a project funded with money
from the vote of the people of Minnesota on November 4, 2008.
12.2 Endarsement. The Grantee must not ciaim that the State endorses its products or seivices.
13 Governing Law, Jurisdiction, and Venue
Minnesota law; without reaard to its choice-of-law provisians, governs this grant contract. Venue for all
legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court
with competent jurisdiction in Ramsey County, Minnesota.
14 Termination
The State may cancel this grant contract at any rime, with or without cause, upon 30 days' written notice
to the Grantee. Upon termination, the Grantee will be entitled to payment, deternuned on a pro rata
basis, far services satisfactorily perfarmed.
Termination for Failure to Compiy. The State may cancel the gcant agreement immedia#ely if the State
Finds thaY there has been a failure to comply with the provisions of tha grant awazd, that reasonable
progress has not been made or thaY the purposa far which the funds were granted have not been or will
not be fulfilied. The State may take action to protect the interests of the State of Minnesota, including the
refusal ta disburse additional funds and requiring the return af aIl or part of the funds already disbursefl.
15 Data Disclosure
Under Minn. Stat. § 270C.65, Subd. 3, and oeher applicable law, the Grantea consents to disclosure af its
social security number, federal employer ta�c identificarion numbsr, andlor Minnesota tax identifieation
number, already provided to the State, to federal and state tax agencies and state personnel involved in
the payment of state abligadons. These identification numbers may be used in the enfarcement of
federal and state tax iaws which could result in action requiring Ehe Grantee to file state tax returns and.
pay delinquent state t� liabilities, if any.
cna,rt (xev.luos)
09-1210
1. STA'FEENCF7MBRANCEVERI�ICATION
IndividuaI certif+er Jhatfunds have bee¢'encumbued as
required by Mi ++- Stat. '' 16A. nH� .OS. �
$igmd: /`
Date: C �
CPMS Grant conuaci 3do. � ���v ��
2. GRAR"fEE
The Grantee cezufies rhat the appropria[e pecson(s)
have e�cutt:d the gcaat co¢cact on bebslf of the Oranue as
requimd by applipbk axUCies. bylaws, msduGOns, or ordinanccc.
By:
Title:
Due:
By:
Title:
Da[e:
3. STATE AGENCY
B
(with delegated authority)
Tide:
i��
Disiribu&on:
Agenry
Gmacee
StaCe=s Aut6orized Ftepresenqtive - Photo Copy
G[ant (Rev. I U08)