HomeMy WebLinkAboutContract 1647Minnesota Department of Natural Resources
500 Lafayette Road
St. Paul, Minnesota 55155-40__
March 5, 2002
Mr. Kevin Hansen, Director of Public Works
City of Columbia Heights
637 38th Avenue NE
Columbia Heights, MN 55421-3878
Dear Mr. Hansen:
FLOOD HAZARD MITIGATION GRANT AGREEMENT
Enclosed is an executed copy of your Flood Hazard Mitigation Grant for the City of Columbia Heights to
acquire and remove and/or demolish two residences on Van Buren Street and construct a dry pond and storm
sewer improvements in the amount of $219,550.00.
For administrative reasons, this contract will expire in three (3) years; however, you are encouraged to complete
the work and billing well in advance of that deadline in order to expedite future funding of this program. Your
cooperation is appreciated. Due to new state auditing requirements, new reimbursement procedures are being
put in place. Please read Section 6.2 in your ~ant agreement carefully.
Please reference #A33116/8 on all billings which should be submitted for approval to:
Ed Fick, FDR Hydrologist
DNR Waters
500 Lafayette Road, Box 32
St. Paul, MN 55155-4032
If you have any questions, please feel free to contact FDR Hydrologist Ed Fick at (651) 215-1954.
Sincerely,
DNR Waters
Pam Albrecht
Business Manager
PA:kf
Enclosure
DNR Information: 651-296-6157 ° 1-888-646-6367 °
An Equal Opportunity Employer ~'~
Who Values Diversity i~
TTY:651-296-5484 ° 1-800-657-3929
Printed on Recycled Paper Containing a
Minimum of 10% Post-Consumer Waste
FLOOD HAZARD MITIGATION GRANT AGREEMENT
BETWEEN THE STATE OF MINNESOTA
AND THE CITY OF COLUMBIA HEIGHTS
THIS Grant is made between the State of Minnesota, acting by and through its Commissioner of Natural Resources (hereinafter the "State") and
the City &Columbia Heights (hereinafter the "Grantee").
WHEREAS, the State is authorized by Minnesota Statutes Section 103F. 161 to provide flood hazard mitigation grants to local units of government
to conduct flood plain damage reduction studies and/or plan and implement flood mitigation measures; and
WHEREAS, the Grantee has submitted an application to the State for a flood hazard mitigation grant; and
WHEREAS, the State has determined that the Grantee should receive flood hazard mitigation assistance; and
WHEREAS, the Grantee represents that it is duly qualified and willing to perform the services set forth herein.
NOW THEREFORE, it is agreed between the State and the Grantee as follows:
1.0 AMOUNT OF GRANT
1.1 STATE SHARE
The State shall award the Grantee fif~ percent (50%) of the total costs of the approved Project as identified in Section 2.1 (hereinafter
"Project"), or $219,550.00, whichever is less, for the costs authorized herein. The total obligation of the State for ail compensation
and reimbursements to Grantee under this Grant shall not exceed $219,550.00.
1.2 GRANTEE SHARE
The Grantee is required to match the State share of the costs of the Project. In-kind services by the Grantee can constitute all or part
of the Grantee's required share of costs provided that proper documentation of the in-kind services is provided to, and approved by,
the State.
2.0 AUTHORIZED PROJECT
2.1 PROJECT PLAN
The proceeds of this Grant are to be used solely for the Project, which is described in Exhibit A, attached hereto. A detailed ·
description of the nature and scope of the Project is described in Exhibit A, and as subsequently amended or revised, which is
incorporated herein by reference. The Grantee agrees to take "before and after" photographs of the Project and provide them to the
State.
2.2 ADMINISTRATION AND SUPERVISION
The Grantee shall be responsible for the administration, supervision, management and Project oversight that may be required fur the
work performed under this Grant.
3.0 ACKNOWLEDGMENTS
The Grantee agrees to ac ~knowledge the State's financial support for the Project. Any statement, press release, bid, solicitation, or other
document issued describing the Project shall provide information reflecting that S~ate funds were used to support the Project and will
contain the following language:
This Project is made possible in part by a grant provided by the Minnesota Department of Natural Resources, through an
appropriation by the Minnesota State Legislature.
Any site developed or improved by the Project shall display a sign, in a form approved by the State, stating the same information.
1
4.0
5.0
CONTACT PERSONS
The State's authorized agent for the purpose of administration of this Grant is:
Ed Fick, FDR Hydrologist
Minnesota DNR Waters
500 Lafayette Road, St. Paul, MN 55155-4032
(651) 215-1954
The Grantee's authorized agent for the purpose of administration of this Grant is:
Kevin Hansen, Director of Public Works
City of Columbia Heights
637 38th Avenue NE
Columbia Heights, Minnesota 55421-3878
(763) 706-3700
COSTS
5.1
5.2
ELIGIBLE COSTS
Eligible costs are those costs directly incurred by the Grantee that are solely related to and necessary for producing the work
products described in the Project Plan. Eligible costs may include the following:
5.1.1 Advertising costs for bids and proposals;
5.1.2 Capital expenditures for facilities, equipment and other capital assets as expressly approved in the Project Plan;
5.1.3 Materials and supplies;
5.1.4 Architectural and engineering services;
5.1.5 Construction management and inspection services;
5.1.6 Surveys and soil borings;
5.1.7 Actual construction of the Project; or
5.1.8 Travel, lodging and meal expenses of persons involved in the Project in the same manner and in no greater amount than
provided for in the current "Commissioner's Plan" promulgated by the Commissioner of Employee Relations.
Certain other types of costs may be eligible provided that they are (1) directly incurred by the Grantee; (2) are solely related to, and
necessary for, producing the work products described in the Project Plan; and (3) have prior written approval of the State. Any cost
not defined as an eligible cost or not included in the Project Plan shall not be paid bom State funds committed to the Project.
NONELIGIBLE COSTS
Noneligible costs for reimbursement means all costs not defined as eligible costs, including but not limited to the following:
5.2.1
5.2.2
5.2.3
5.2.4
5.2.5
5.2.6
5.2.7
5.2.8
5.2.9
5.2.10
Any costs incurred betbre the effective date of this Grant;
Fund raising;
Tmxes, except sales t&x on goods and services;
Insurance, except title insurance;
Attorney fees; except for acquisition and clearing title to land;
Loans, grants, or subsidies to persons or entities for development;'
Bad debts or contingency funds;
Interest;
Lobbyists; and
Political contributions.
6.0 PAYMENT OF GRANT MONIES
6.1 REIMBURSEMENT
To obtain reimbursement for eligible costs under this Grant, the Grantee shall provide the State with invoices and evidence that the
portion of the Project for which payment is requested has been satisfactorily completed. All invoices shail be sent to the person
designated in Section 4.0 herein above. Grantee shall submit invoices and evidence that. any and all advance payments have been
spent prior to requesting additional payments by the State. Invoices will be submitted for double the amount and should
differentiate, when applicable, between the Federal and Non-Federal Project costs, as well as the State and local share of the Project
costs. No facsimiles will be accepted. Invoices must be received by the State within sixtY (60) days after the completion of the
Project or the expiration of this Grant as set forth in Section 11.1 herein below, whichever occurs first. Invoices received after that
date will not be eligible for reimbursement. The State's authorized agent has final authoritY for acceptance of Grantee's services,
determination as to whether the expenditures are eligible for reimbursement under this Grant, and verification of the total amount
requested. The Grantee shall not receive payment for work found by the State to be unsatisfactory, or performed in violation of
federal, state or local law, ordinance, rule or regulation. No more than ninety (90) percent of the State's share of the cost shall be
paid by the State until the State has determined that the Grantee has satisfactorily fulfilled all of the terms of this Grant. The
Grantee shall arrange for a tour of the Project areas prior to release of the final ten (10) percent of the funds.
6.2 REIMBURSEMENT SCHEDULE
It is required that invoices be submitted, at a minimum, at the close of each state fiscal year which is July 1 - June 30. If expenses
are extensive, reimbursement requests may be submitted monthly Or quarterly. Please itemize the eligible expenses by the month of
occurrence, not liquidation. If invoices are not received in this format, it could delay receipt of payment.
7.0 ACCOUNTING AND AUDIT
The Grantee shall maintain books, records, documents, and other evidence pertaining to the costs and expenses of implementing this Grant
to the extent and in such detail that will accurately reflect the total cost of the Project. The Grantee shall use generally accepted accounting
principles. All records shall be retained for ftve (5) years after completion of the Project. The State, its representative, or the legislative
auditor shall have the right to examine books, records, documents, and other evidence and accounting procedures and practices relevant to
the Grant.
8.0 AMERICANS WITH DISABILITY ACT AND HUMAN RIGHTS
The Grantee, in the conduct of the Project, shall comply with the Americans with Disabilities Act of 1990 (P.L. 100-336), Minnesota
Statutes Chapter 363 (the Minnesota Human Rights Act), and Minnesota Statutes, Sections 181.59-60 and all applicable rules and
subsequent amendments.
9.0 WORKERS COMPENSATION
The Grantee in the conduct of the Project shall comply with the provisions for workers compensation in Minnesota Statutes, Section
176.181 Subdivision I and Section 176.182.
10.0 LIABILITY
The Grantee agrees to indemnify and save and hold harmless the State, its agents and employees fi.om any and all Claims or causes of
action arising fi.om performance of this Grant by the Grantee, its agents, contractors or employees. This clause shall not be construed to
bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this Grant.
11.0
12.0
13~0
14.0
TERM
11.1 EFFECTIVE DATE
This Grant shall become legally effective upon such date as it is executed by the Department of Naturai Resources and shall remain
in effect until December 31, 2005, or until all obligations set forth in this Grant have been satisfactorily fulfilled, whichever occurs
first.
11.2 TERMINATION
This Grant may be terminated by the State or the Grantee at any time with or without cause upon thirty (30) days written notice to
the other party. In the event of such a cancellation, the Grantee shall be entitled to payment determined on a pro rata basis for work
or services satisfactorily performed.
11.3 AMENDMENTS
This Grant may be amended in writing by the mutual consent of the State and the Grantee.
ASSIGNMENT
The Grantee shall neither assign nor transfer any rights or obligations under this agreement without the prior written consent of the State.
ANTI-TRUST PROVISION
The Grantee hereby assigns to the State of Mirmesota any and all claims for overcharges as to goods and/or services provided in connection
with the Grant resulting fi.om antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State
of Minnesota.
CHOICE OF LAW
All matters relating to the performance of this Grant shall be controlled by and determined in accordance with the laws of the Stme of
Minnesota.
IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed intending to be bound thereby.
By:
Title:
Date:
By:
Title:
Date:
GRANTEE
2. STATE OF MINNNESOTA ACTING BY AND
THROUGH ITS COMMISSIONER OF NATURAL
RESOURC~
Title:
Date:
A certified copy of the Grantee's Resolution unconditionally approving this Grant Agreement is attached as Exhibit B.
This form has been approved by the Attorney General's Office.
Exhibit A
The grantee shall be responsible for the purchase, removal, and/or demolition of two residences
within the city on Van Buren Street, and the design and construction ora dry pond and adjacent
storm sewer improvements to enhance drainage and eliminate flooding of streets and alleys in the
area as described in the city's application dated December 17, 2001 and the city authorized
feasibility study dated April 30, 2001, and as subsequently amended and herein incorporated by
reference. Before and after photographs of the projects should be taken and submitted to the state.
The Grantee shall arrange a tour of the completed projects priori to release of the final 10 percent
of the grant amount.
All expenses not approved in this Agreement and in Exhibit A must be approved by the state in
writing prior to the Grantee incurring said expense.
RESOLUTION NO. 2001-37
BEING A RESOLUTION TO SUBMIT AN APPLICATION
TO THE DEPARTMENT OF NATURAL RESOURCES GRANT
ASSISTANCE PROGRAM FOR FUNDS FOR STORM WATER RELATED
IMPROVEMENTS AND DESIGNATE THE DIRECTOR
OF PUBLIC WORKS AS THE CITY'S PRIMARY CONTACT WITH THE DNR
BE IT RESOLVED that the Director of Public Works, hereinafter referred to as "Authorized
Official" act as legal sponsor for the project contained in the Flood Damage Reduction grant
Assistant Program Application submitted on May 14, 2001, and that Authorized Official is
hereby authorized to apply to the Minnesota Department of Natural Resources, hereinafter
referred to as "State", for funding of this project on behalf of the Applicant.
BE IT FURTHER RESOLVED that the Applicant has the legal authority to apply for financial
assistance, and the institutional, managerial and financial capability to ensure adequate
acquisition, maintenance and protection of the proposed project.
BE IT FURTHER RESOLVED that the Applicant has not incurred any construction costs or has
not entered into any written agreements to purchase property proposed by this project.
BE IT FURTHER RESOLVED that the Applicant has not violated any Federal, State, or local
laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful
or corrupt practice.
BE IT FURTHER RESOLVED THAT UPON APPROVAL OF THE APPLICATION BY THE
State, the Authorized Official may enter into an Agreement with the State for the above-
referenced project and that the Applicant certifies that it will comply with all applicable laws and
regulations as stated in the contract agreement.
NOW, THEREFORE, BE IT RESOLVED that the Director of Public Works is hereby
authorized to execute such Agreements as are necessary to implement the project on behalf of the
Applicant.
Dated this 14th day of May, 2001
Offered by: Na;vrocki
Seconded by: Szurek
Roll Call: Williams-aye, Szurek-aye, Wyckoff-ay¢, Nawrocki-aye, Peterson-aye
( P~ricia MU~cov~itz, ~e-~t~y Cify Clerk