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94-1478 Council File # "1 " 0 R I G I I� A L Green Sheet # _ 1 b RESOLUTION CITY O SAINT PAUL, MINNESOTA � Presented By Referred To Committee: Date 1 2 APP OVING EXECUTION OF A 3 GRANT AGREEMENT 4 5 WHEREAS, the State of innesota (the "State") has appropriated moneys to pay and 6 redeem or defease the bonds issu by the City of Saint Paul, Minnesota (the "City"), in 1989 7 to finance capital improvements the Como Park Conservatory; and 8 9 WHEREAS, the State req 'res the City to enter into a Grant Agreement in order to 10 receive the appropriation, a copy f which has been prepared (the "Grant Agreement"): 11 12 NOW, THEREFORE, B IT RESOLVED by the Council of the City of Saint Paul, 13 Minnesota, that the Grant agreem nt is hereby approved in substantially the form submitted 14 and on file in the Office of the C y Clerk, with subsequent changes therein as may be 15 approved by the City Attorney. he Grant Agreement shall be executed in the name of, and 16 on behalf of, the City by the Ma r, and countersigned by the Director, Department of 17 Finance and Management Service . Any other documents and certificates necessary to the 18 transaction herein described shall e executed by the appropriate City officers or staff. 19 20 Yeas Navs Absent Requested by Department of: B a ev Harris Finance and Management Services rimm uerin e ar — e tman � une � By� �� Adopted by Council• Date `' Form App ved by City Attorney Adoption Certified by Council Sec etary g �,. �/� * � � � / BY= ` Appr ved by Mayor for Subm' sion to � � � Coun '1 Approved b a . Date l7 � By: ���;ei 6t— `'� By' .._ �y �� j : r � ��� ,��=���� �-�;�:��..- , . . '� �� �. ��. _ . Fipance and Ma�g�Wnt 5emices 9/Z9/94 V�E`� �£� ` f�l� 2 3 8�J � _ `. � QEP�RT�ASNT DIRECTOR��� �r CITY COUIiCN. � ; . ' , .f�. .i�. . . . �I�1�rth�. KanEorotr�c`s: 2�E�636 � Ocm�Tro�r �e+.�ac; (� euoc�er anecro� �w. a�r. eEr+v�s a�: �tober 12, 1994 . ' � wv►roR (oFl �T�n71 ' � , TOTAL #E OF lqQNATUR� .H�'d�8 (C P ALI. LOCA't10N8 FOR SKiNATURE) .; �oti�a�: " { • _ � ;' The attached resolution authorizes the execu on of a qrant aqreement �rith tt►e State of Hinnesota for 52,800, }� 4 to pa� Debt Se�r�.ce (Principal) on,1989 Como onservatorp Bonds. � • ,� : ' � AECOMI�lIOJ�►�OFIB: Mww+ (�1 "a �a (R) i � ' � BRSONAI �ERVICE l�li7'RRACT� MUiT AN=WER TME ROLL01MIli9 at1laT10NS: ;� ;. _ PLArNrwO COM�a80�ON `.,_ CIViL B�IVqE C� . Has ffiIe paeonAkm swr worlasd widsr a��or tl�s depiubMnt? _ qs COIrq�ITTfE ,_ YE8 NO Has this psnonlRrm ew► bssn a oUy �n+plo�yss9 — �� — � YES NO —��T — . Does d�le p�rsoNBrm Pw�sa a NdI1 rat nonraNY P�d �Y �Y �+� �Y �� 8uPP0AT8 wNICN oOUNCIL 08JE6TIVE9 YES NO � '' � xplNn all yN �n�r�rs on Np�nb �hMt Mld �thoh to.�rMN1 �hNt f: ; . INITU1TNi3 PWOb1.EM. 188UE. t�PORTUNm (wlw. Wh�t. WMn. WlNes. ): _� .; ; ; The State of Minnesota has appropriated funCs for payment of Debt Service on 1989 Eomo Conservatorp Bon9s. > [LaKS of Minnesota, 1994, Chapter 643, Secti 6] `� The Citp Treasury rill.invest these funds to ieid an amount sufficient to pay all future debt obliqations on �'} these bonds. . il ': j� � � �� � _ Ad11ANT/KiiEB �APPRO'V�D: ANT K The 1989 C�o Conservatory Bonds are qenersl ligation bonds and this apgropriation provides a source fas fu ing ;� future debt service on the bonds in lie�u of a ax levp. � � RECEIyED � SEP 2 9 1994 � �1 DISADVANTAOES IFAPPFlOVED: ' [��PARTMENT OF F�NANCE � None. aND MANAGEMENT �ERVIC�S ; 13 Council Research Center. ' � ;; OCT 0 3 1994 as�ov�a � Nar �ovgo: ' h _; �� An additional tax levp �ould be needed to pay ebt service on these bonds. '� a ;; ,� �� i y� - 's� TOTAL AMOIMFT OF TRAI+�XCTION i CO�tlIVlYlNUE otlD(iETED (CIRC�E ONE) 1fH8 NO s � F '� FUNOING SOURCE . ' ACTIYtT1F NUMBER ; a FINAWCIAL INPORMATION: (EXPWN) � � � + �( - , j: - :� +� , � ,; . „ �: � � � r " ; � l I � � � qy -1�4n8 TATE OF 1�IINNESOTA DE ARTMEDiT OF BINANC� CAS 71IdD DEBT 1[ANAQEMEDiT arant Aqreement Fiscal Year 1995 This Agreement is m de between the State of Minnesota, acting through the Department Finance (hereinafter the Grantor), and the City of Saint Paul, a municipal corporation of the State of Minnesota, (hereinafter he Grantee). Pursuant to Minneso a Laws 1994, Chapter 643, Section 6(the Act), the Grantor has b n allocated funds by the Legislature of the State of Minnesota f r the purpose of paying and redeeming or defeasing bonds issued by the Grantee to finance capital improvements at the Como Park Conservatory. In consideration o mutual promises set forth below, the parties agree as follows The Grantor shall g nt to the Grantee the sum of TWO MILLION EZGHT HUNDRED THOUSAND D LLARS ($2,800,000) which shall be State Funds appropriated by t Legislature of the State of Minnesota from the proceeds of bon s. The parties recognize the Minnesota State Constitution does t allow bond proceeds to be used to make interest payments on t e Grantees bond�, and therefore the additional $100,000 by t act is not funded by this agreement. Funds made available pursuant to this Agreement shall be used only for project costs in performinq and accomplishing such purposes as described he ein and in Minnesota Laws 1994, Chapter 643, Section 6. The G antee may utilize grant funds for the purpose of paying bonds ssued by the City of Saint Paul for the Como Conservatory Project. Accountina. For al expenditures of funds made pursuant to this Agreement, the Grant e shall keep financial records including properly executed cont cts, invoices, and other documents sufficient to evidence in roper detail the nature and propriety of the expenditures. The G antee must account for the State grant pursuant to Minnesota Law 1994, Chapter 643, Section 6. Reportinc. Grantee has provided evidence to the previous Grantor (State of Minne ota Department of Trade and Economic Development), of the foll wing: 1) the bonds have been issued for the project; 2) the bon proceeds were spent for the intended purpose; 3) the schedule f debt service due on the bonds issued for the project. Payme t shall be made after the Grantee has provided evidence to the antor on the principal payments due and the schedule thereof. T e Grantee shall submit an expenditure report to the Grantor on how the grant funds were spent. The report must also specific lly identify the INTEREST ACCRUED on the grant and its expenditure. The report for the Fiscal Year 95 grant q� -►�`I� ` will be due on June 25, 995. . Grantee shall attach to thi� Aqreement a certified copy of resol tions or other authorizinq actions by the appropriate qoverning b y or bodies, as shall legally authorize the execution of the Agr ement on behalf of the Grantee. Affirmativs l�ction. A Grantee that receives State money for any reason is encourage to prepare and implement an affirmative action plan for the empl yment of minority persons, women, and the disabled and submit the lan to the Commissioner of Human Right�. v o on acts and Sub s. The Grantee shall include in any contract a d subgrant, in addition to the provisions that define a sound and complete Agreement, such provisions that also assure contractor d subqrantee compliance with applicable state and federal laws. �ayment• The Gra tor shall make funds available to the Grantee in State fiscal ear 1995. The Grantor shall pay grant funds for principal on b nds issued by the City of Saint Paul, for deposit into a segregate account of the Grantee for the payment on March 1 of the years 199 , 1996, 1997, 1998 and 1999 of principal of the bonds. Term• The Grantee shall perform the activities that are specified herein during e period from July 1, 1994, through June 30, 1999. The Grantor ill consider a request for extension of thie term if the project is not complete as of June 30, 1999. Termination Clause. If the Grantor finds that there has been a failure to comply wit the provisions of this Aqreement, that reasonable progress has not been made, or that the purpose for which the funds were ranted have not been or will not be fulfilled, the Grantor m take action to protect the interests of ths State of Minnesot , including the refusal to disburse additional funds and re iring the return of all or part of funds already disbursed. . Accounts and records related to the funds provided under is Agreement shall be accessible to authorized representati s of the Grantor for the purpose of examination and audit. I addition, Grantee will give the State of Minnesota Department of Finance, Legislative Auditor, and State �uditor's Office, through any authorized representatives, access to and the right to examine all records, books, papers, or documents related to the grant for inspection and audit. Amendments. Any a endments to this Agreement shall be in writing, and shall be ecuted by either the same parties who executed the original Ag ement, their successors in office, or by those parties authorized y the Grantee through a formal resolution of its qoverning body. q� _ ���lg � Antitrust. Contrac r or subcontractor hereby assigns to the State of Minnesota any a d all claims for overcharqes as to goods and/or services provided n connection with this contract resultinq from antitrust violation which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. e. This Aqreement shall be bindinq upon any successors or a signees of the parties. No�ia• to arantee. You are required by Minnesota Statutes, Section 270.66, to provid your Minnesota Tax Identification number if you do business within the State of Minnesota. This information may be used in the e forcement of federal and state laws. Supplyinq these nurabers ould result in action to require you to file state tax returns d pay delinquent state tax liabilities. ve provided. These numbers ill be available to federal and state tax authorities and state pe sonnel involved in the payment of state obligations. Minnesota Tax ID,� Federal Employer ID The Grantor and G ntee acknowledge their assent to this Agreeraent and agree to be bound by its terms throuqh their siqnatures entered bel . This Agreement is effective upon execution by the Commiss oner of Finance or its designee. 3 q� - ���g �iR�1NTOjt s (�RANTEE : ,APPROVED: APPROVED: Commissioner of Finance City of Saint Paul By Mayor Date Date APPROVED AS TO FORM AND EXECUTION: COUNTERSIGNED: Attorney General's Offic Director, Department of Finance By and Management Services Date Date APPROVED AS TO FORM: STAT� OF MINNESOTA b and through the Departmen of Finance Assistant City Attorney By Date Title Date 4