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HomeMy WebLinkAbout4.F. Authoriztion to enter into an Intergovernmental Grant Agreement with the Shakopee Mdewakanton Sioux Community, for the construction of the Quarry Lake Trail Consent Business 4. F. SHAKOPEE TO: Mayor and City Council Mark McNeill, City Administrator FROM: Zach Stock, Administrative Intern DATE: 02/05/2014 SUBJECT: Authorization to enter into an Intergovernmental Grant Agreement with the Shakopee Mdewakanton Sioux Community, for the construction of the Quarry Lake Trail. (A, D) Action Sought To authorize the City to enter into agreement with the Shakopee Mdewakanton Sioux Community, for purpose of accepting a grant to fund a trail to access the Quarry Lake Park. Background In October, 2013, City staff received a notice from the Shakopee Mdewakaton Sioux Community of the availability of grant funds for the purpose of improving and expanding current trail systems in Scott County. Under Council direction, staff provided the SMSC with two potential trail developments: Quarry Lake Trail and Savanna Oaks Trail. On January 8th, the City received a letter from the SMSC, notifying us that the Quarry Lake Trail proposal has been awarded a grant in the amount of$100,000. Requirements to receive this grant include: 20% match of in cash or in-kind services, and a substantial completion of project by December 31 st, 2014. Recommendation Staff recommends that Council authorize the Mayor and City Administrator to execute the Intergovernmental Grant Agreement with the Shakopee Mdewakanton Sioux Community, for purpose of constructing Quarry Lake Trail. Budget Impact The funds for the matching portion of this project will come from the Capital Improvement Fund. The Grant provides that if the entire amount is not expended, those funds will have to be returned to the SMSC. The estimated cost of the project is $100,000. As the City is to provide a 20% match, there may be grant funds remaining after completion of the project. Relationship to Vision This supports Goal "A" "Keep Shakopee a safe and healthy community where residents can pursue active and quality lifestyles", and Goal "D", "Maintain, improve, and create strong partnerships with other public and private sector entities". Requested Action The Council to authorize execution of the Intergovernmental Grant Agreement with the Shakopee Mdewakanton Sioux Community, which accepts a grant for the purpose of constructing the Quarry Lake Park Trail. Attachments: Interizovernmental Agreement INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN THE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY AND THE CITY OF SHAKOPEE This Intergovernmental Agreement is made this day of 2014, by and between the Shakopee Mdewakanton Sioux Community, a sovereign Indian Tribe, federally recognized and organized under the Indian Reorganization Act of 1934, 25 U.S.C. § 476 (hereinafter the "Community") and the City of Shakopee, a municipal corporation in Scott County, Minnesota(hereinafter the"City"). WHEREAS, the Community has approved a grant to the City in the amount of$100,000 for purposes of trail construction,improvement or enhancement; and WHEREAS,the City has agreed to use the granted funds for the construction of the Quarry Lake Trail Project;and WHEREAS, the Community and the City seek to set forth their understanding relating to said grant and its use. NOW THEREFORE, for and in consideration of the mutual undertakings, covenants and agreements of the parties herein set forth, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, the parties agree as follows: 1. Grant. The Community has proffered a grant to the City in the amount of $100,000. Funding will be distributed as a one half initial amount with the remainder upon substantial completion. 2. Use of Grant. The City agrees to use the funds to construct the Quarry Lake Trail Project as proposed in the application(the"Project"). A. Completion. The Project portion funded by this grant must be substantially complete by December 31,2014. B. Reports. The City shall provide a progress report to the Community at the end of each calendar quarter in the form of a letter. The report shall indicate progress to date and upcoming milestones for the next quarter. C. Construction Standards. The Project shall be constructed in accordance with the City's trail standards. D. Maintenance. The City agrees to be solely responsible for the continued maintenance of the trail. 3. Refund. If, upon completion of the Project, the City has not expended all of the grant funds, the City shall refund such excess funds to the Community within 30 days of the completion of the Project. If the City fails to construct the trail, the entire amount shall be reimbursed to the Community without undue delay. 4. Indemnity. Except for the grant by the Community for the Project, the Community shall bear no responsibility for the Project and the City hereby agrees to fully defend, indemnify and hold harmless the Community and all of the Community's departments, agencies, officers, agents, and/or employees from all claims, losses, suits, damages, liabilities and expenses of whatever kind or nature, including reasonable attorney's fees, arising out of or resulting in any way from any negligent, reckless or intentional act, error, omission or mistake and/or strict liability of the City, its departments, agencies, officers, agents, employees, contractors and/or anyone for whose acts the City is legally liable and arising out of or relating to the Project or the performance by the City of this Agreement. 5. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed. Shakopee Mdewakanton Sioux Community Approved as to form: By: _ ��--� (- By: 4arlie Vig, Tribal Chaan Attorney for Community Date: Date: ` 4,.- . City of Shakopee Approved as to form of execution: By: By: Mayor Attorney for City Date: Date: By: City Manager Date: