The URL can be used to link to this page

Home My WebLink About20070806 - VI-10 VI-to Memo To: Mayor Hicks and City Council From: John Hinzman, Planning Director Date: August 6, 2007 Subject: Authorize Signature - Grant Agreement #2007-35 - Dakota Rail REQUEST The City Council is asked to authorize signature of the attached Grant Agreement between the City of Hastings and the Dakota County Regional Rail Authority. Dakota Rail has made available $4,500 for the Comprehensive Plan in support of transitway planning and corridor development. ATTACHMENTS . Grant Agreement GRANT AGREEMENT BETWEEN THE DAKOTA COUNTY REGIONAL RAIL AUTHORITY AND THE CITY OF HASTINGS 1. Purpose. The purpose of this Agreement is to enable the Dakota County Regional Railroad Authority ("Authority") to provide funds to the City of Hastings ("City") in support of transitway planning in connection with the City's 2008 local comprehensive plan update and to ensure that such planning by the City is consistent with both the Metropolitan Council's transitway planning requirements and the transitway corridor development objective identified by the Authority and by the County of Dakota. 2. Effective Date. The effective date of this Agreement shall be the date that this Agreement has been signed by the Authority and the City. 3. Term. The term of this Agreement shall be from the effective date of this Agreement and until the grant project has been completed and payment has been made pursuant to Paragraph 5. 4. Grant Proiect. The City agrees to perform and complete in a satisfactory and proper manner transitway planning in connection with its 2008 local comprehensive plan update, as specified in Exhibit A, in accordance with the terms and conditions of this Agreement. 5. Maximum Grant Amount. The Authority agrees to make available to the City a grant of $4500 for the grant project. The Authority shall bear no responsibility for cost overruns that may be incurred by the City in the performance of the grant-funded planning activities. The Authority shall distribute grant funds as follows: Within 30 days of the effective date of this Agreement, the Authority agrees to advance the sum of $4500 to the City. The Authority will advance the sum of $4500 to the City when the City has completed the transitway planning for its 2008 local comprehensive plan update by submitting it to the Metropolitan Council. To obtain payments under this Agreement, the City must submit an invoice to the Authority. 6. Authorized Uses. City is authorized to use the grant funds awarded under this Agreement only for costs directly incurred of the grant project activities. No other use of the funds is permitted. 7. Use of Contractors. City may engage Contractors to perform the grant project activities. However, City retains primary responsibility for performance of the grant project activities and the use of contractors does not relieve City from any of its obligations under this Agreement. If City engages any contractors to perform the grant project activities, City agrees that the contract for such services shall include provisions requiring the contractor to establish and maintain information in accordance with paragraph 8 and to allow audit in accordance with paragraph 9. 8. Accountinq and Bookkeepinq Requirements. City agrees to establish and maintain accurate and complete records relating to City's performance under this Agreement. City shall establish and maintain all such information in accordance with generally accepted accounting principles and practices and shall retain all grant project information until six years following the term of this Agreement. 0- _ 9. Audit. The accounts and records of City relating to the grant project activities shall be audited in the- same manner as all other accounts and records of City are audited. During the time that the records are being maintained pursuant to Paragraph 8 authorized representatives of the Dakota County Regional Rail Authority or the State Auditor will have access to all such accounts and records for the purpose of inspection, audit and copying during normal business hours. 10. Final Report. Upon completion of the grant activities, the City must submit a copy of the transitway plan element of its local comprehensive plan to the Authority. 11. Contact Persons; Grant Manaqer. The authorized contact persons for receipt of notices, reports, invoices and approvals under this agreement are the following: City: Authority: Dan Krom Transit Manager 14955 Galaxie Avenue Apple Valley, MN 55124 Telephone: (952) 891-7105 The Authority's grant manager for purposes of administration of this Agreement is: Sam O'Connell Transit Specialist 14955 Galaxie Avenue Apple Valley, MN 55124 Telephone: (952) 891-7105 12. Amendments. The terms of this Agreement may be changed only by mutual agreement of the parties, which shall be effective only upon the execution of written amendments signed by authorized officers of the parties. 13. Indemnification. Each party to this Agreement shall be liable for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. Each party hereby agrees to indemnify, hold harmless and defend the other, its officers and employees against liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the other, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this Agreement. Nothing in this Agreement is intended as a waiver of liability limits or immunities that the parties are entitled to under law. 14. Acknowledqement. City shall appropriately acknowledge the grant assistance made by the Authority under this Agreement in any promotional materials, reports and publications relating to the grant project activities. 15. Compliance with Laws, Standards. City shall abide by all Federal, State or local laws; statutes, ordinances, rules and regulations pertaining to this Agreement and this Agreement shall be construed in accordance with the substantive and procedural laws of the State of Minnesota. All proceedings related to this Agreement shall be venued in the County of Dakota, State of Minnesota. 16. Nondiscrimination. City agrees that, in the hiring of all labor for the performance of any work under this Agreement, it will not, by reason of race, creed, color, sex, national origin, disability, sexual orientation, age, marital status or public assistance status, discriminate against any person who is a citizen of the United States and who qualifies and is available to perform the work to which such employment relates. City agrees to comply with all Federal, State, and local non-discrimination laws and ordinances, in particular the applicable provisions of the Civil Rights Act of 1964, as amended. 17. Data Practices. For purposes of this Agreement all data-on individuals collected, created, received, maintained or disseminated shall be administered consistent with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and the Minnesota rules implementing the Act now in force or hereafter adopted as well as Federal laws on data privacy. All subcontracts shall contain the same or similar data practices compliance requirements. 18. Termination. Either party upon thirty days written notice to the other party may terminate this Agreement, with or without cause. Notice of termination shall be made by certified mail or personal 2 delivery to the person signing this Agreement on behalf of the other party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of the Agreement prior to the effective date of termination. 19. Termination by Authority - Lack of Fundinq. Notwithstanding any provision of this Agreement to the contrary, the Authority may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies or other funding source, or if its funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. Written notice of termination sent by the Authority to City by facsimile is sufficient notice under the terms of this Agreement. The Authority is not obligated to pay for any services that are provided after written notice of termination for lack of funding. The Authority will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. 20. Liable for Own Acts. Each party to this Agreement shall be liable for the acts of their own agents, volunteers or employees and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its agents. volunteers, or employees. It is understood and agreed that the provisions of Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the parties' acts or omissions. Each party warrants that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program and that each has minimum coverage consistent with the liability limits maintained in Minn. Stat. Ch. 466. Approved as to form: DAKOTA COUNTY REGIONAL RAIL AUTHORITY Assistant County Attorney/Date By Will Branning Chair Date of Signature CITY OF HASTINGS (I represent and warrant that I am authorized by law to execute this contract and legally bind the City of Hastings) By Title Date of Signature K/07/rra grant 3 COMPREHENSIVE PLANNING FUNDING PARTICIPATION FOR CEDAR AVENUE TRANSITWAY COMMUNITIES Background The Metropolitan Council completed its most recent update of the Development Framework and system plans in 2005. As required by law, each county, city and township in the seven-county region must update their local comprehensive plans and indicate how it is affected by the Council's policy plans. Communities must submit updated local comprehensive plans to the Council for review by the end of 2008. Transit is an element for which communities need to include within their Comprehensive Plan update. For all communities where transit services and facilities exists, the following is required: · A description all existing transit and paratransit services. · A policy that ensures local municipalities will work with local transit provider to determine future transit service consistent with transit market area and standards. · A description of existing and planned transit corridors, including: o Arterials o Dedicated Transit Corridors o Express Bus · Land use and transportation maps must show transit facilities, including: o Existing, programmed and potential park-n-ride facilities (includes expansion) o Existing and planned passengerfacilities (stations, transit centers) o Existing and future transit support facilities (transit advantages, garages) Required Transit Elements for the 2008 Comprehensive Planning Update Specific to regional projects like the Cedar Avenue Corridor and consistent with the 2030 Regional Development Framework, municipalities that include a regional transit investment should plan for development that links land uses to the planned transportation service. High-frequency transit stations and corridors are areas best suited to mixed land use, more intense commercial development or high-density housing. Existing and future land uses should be at densities that support transit, which for residential development, translates into at least 6 to 12 dwelling units per acre. In addition, pedestrian-friendly and bike-friendly environments should be created that are safe, attractive and provides connections between transit service and transit-supportive land uses. Therefore, municipalities that have regional transit corridors are highly encouraged to: · Promote higher density along dedicated transit corridors (transit-oriented development); · Locate medium-to high-density housing within a 1,4 mile of station; · Connect housing and employment to transit facilities with the local street and pedestrian system; and; · Identify the mix of transi!-supportive uses arou':1d transit stations. In discussions with Metropolitan Council, this strategy would only apply to Cedar Avenue and Red Rock Corridor. Comprehensive Planning Funding Participation for Cedar Avenue Transitway Communities November 11, 2006 Proposal The Cedar Avenue Transitway is an important transportation corridor in Dakota County and its ultimate benefits are highly dependant on achieving successful community integration and support. As such, it is within the County's best interest to partner with communities as they respond to land use and multi-modal connections requirements within the corridor. To this end, it is proposed that Dakota County participates in the funding of local comprehensive planning activities for communities along the Cedar Avenue Transitway Corridor. Funding participation from the County will provide the following benefits: · Enables municipalities to meet the letter and spirit of the Metropolitan Council's transitway requirements; · Enables the County to ensure that responsible transitway corridor planning is conducted in a coordinated manner; and · Provides municipalities and the County an opportunity to demonstrate their individual and collective commitment to the project. Roles and Responsibilities Municipalities would assume, through agreement with the County, the following responsibilities: · Ensure compliance with Metropolitan Council's requirements regarding Cedar Avenue Transitway. · Ensure the County's participation in comprehensive planning activities regarding transitway planning. Funding Participation The proposed County funding participation is based on two factors: 1. The number of transitway stations located within a community; and 2. The presence of a park-n-ride element at transitway stations. Communities that have stations without park-n-ride facilities would receive $3,000 for each station. Communities that have stations with park-n-ride facilities would receive $4,500 for each station. P C f C d otential FundinQ Structure and Count FundinQ ommitment or e ar Avenue Corridor: Community T ransitway T ransitway Total Number of Eligible Funding Stations w/o Park- Stations with Park- Stations n-Ride Facilities n-Ride Facilities Eaqan 1 1 2 $7,500 Apple Valley 2 2 4 $15,000 Lakeville 1 2 3 $12,000 Hastinqs 1 1 $4,500 TOTAL 4 6 10 $38,500 Time Frame: Participation funds would be made available as soon as possible to. ensure early coordination -of transitway corridor planning activities into existing comprehensive planning schedules. Comprehensive plans are due September 2008 to the Metropolitan Council. Comprehensive Planning Funding Participation for Cedar Avenue Transitway Communities November 11, 2006