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HomeMy WebLinkAboutContract 1731 ! 7 3! March 16, 2005 Mr. Randy Schumacher City of Columbia Heights 590 40th Ave. NE Columbia Heights, MN 55421 RE: lndustriul P:t..rea Rcdc'Telopment Inve5tigation CCGP-03-0009-Z- FY03 Dear Mr. Schumacher: I am pleased to inform you that on the basis of a staff review ofthe project documentation, we are changing the status of the Industrial Area Redevelopment Investigation grant to "closed". I have enclosed a copy of the Grant Adjustment Notice implementing this change and also a copy of the Project Closeout Summary Report. Congratulations on the successful completion of this project. We appreciate the City of Columbia Heights' efforts, and the outstanding job of administering this contamination investigation grant. Please let me know if we can be of further assistance in your community development activities. S/jf? ~ u~V - l\1att Y,.ramer Commissioner Enclosures Department of Employment and Economic Development 1st National Bank Building · 332 Minnesota St., Suite E200 . St. Paul, MN 55101-1351 . USA 651-297-1291 · 800-657-3858' Fax 651-296-5287 · TTYITDD: 651-296-3900 · www.deed.state.mn.us An equal opportunity employer and service provider. PROJECT CLOSEOUT SUMMARY REPORT Grantee: City of Columbia Heights Grant Name: Industrial Area Redevelopment Investigation Grant Number: CCGP-03-0009-Z-FY03 March 16, 2005 Prepared by Jill Hughes Minnesota Department of Employment and Economic Development Office of Brown fields and JobZ 1 st National Bank Building, Suite E 200 332 Minnesota Street St. Paul, MN 55101 The City of Columbia Heights was awarded $50,000 for the costs of Phase II investigation and RAP development for a 28.74-acre site located between University Avenue and Jefferson St., and between 38th Ave. and 40th Ave. The total site is comprised of a former fOlmdry, foundry dump, ceramic insulation manufacturer and various other heavy industrial uses, where leaking underground storage tanks and ASTs and lead contamination have been reported. Contamination consists of DR Os, GROs, lead, PCBs, heavy metals, and VOCs. The final development ofthe site will be an industrial/commercial development slated to employ 90 new employees. The residential phases ofthe development will construct 127 units of housing, a portion of which is affordable. The project will increase the local tax base in the amount of $706,737. Investigation of the site began in August of2003 and was complete by October of 2003. The City of Columbia Heights applied for the grant in May of 2003. They were awarded a grant in the amount of $50,000, and a grant agreement was executed on June 6, 2003. The budget was established as follows: ACTIVITY Phase I Phase II and Rap Development TOTAL Amount $ 7,993.25 $ 73,707.67 $ 81,700.92 One grant adjustment was made on the contract on March 2, 2004, which decreased the total budget and match by $2,012.08. The final DEED funds remained the same. The City submitted one payment request on Febmary 19,2004. The invoice submitted for payment was approved and incurred within the grant term. DEED has received audit information showing both revenues and expenditures for the project. DEED staff has determined that this information is sufficient to show that DEED funds were used appropriately for this project. Copies of all financial, environmental and grant-related documentation are complete and filed in DEED's offices. Per the grant agreement, these documents should be retained in the City's offices for a period of at least six years past the term of the grant agreement. A RAP was submitted to the MPCA on October 9, 2003, and a RAP approval was issued on November 3, 2003. ---Trade &- Economic Development Business & Community Development www. dted.state.mn.us July 9, 2003 Randy Schumacher City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 Grant Number: CCGP-03-0009-Z-FY03 Grant Title: City of Columbia Heights Dear Mr. Schumacher: Enclosed is your copy of the fully executed grant agreement between the State of Minnesota Department of Employment and Economic Development and the City of Columbia Heights. If you have any further questions please feel free to contact Lynn Heglund, your program representative, at 651/282-6789. Sincerely, Tammi Wilhelmy Contract Coordinator cc: Lynn Heglund Enclosure Minnesota Department of ~F~~d Economic Development 500 Metro Square · 121 7thPlaceE~l, Minnesota 55101-2146 · USA 651-297-1291 · 800-657-3858 · FA~J~t~-5287 · TTY/TDD800-627-3529 STATE OF MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT BUSINESS AND COMMUNITY DEVELOPMENT DIVISION Contamination Investigation and RAP Development Program Grant Agreement CCGP-03-0009-Z-FY03 AGENCY VENDOR NUMBER OBJECT TOTAL AMOUNT CODE B22100 03677200100 $50,000 ACCOUNT DISTRIBUTION BFY FUND ORG APPR REPT AMT 03 150 1404 10~ $50,000 Notice to Grantee You are required by Minnesota Statutes, Section 270.66, to provide your Minnesota tax identification number if you do business with the State of Minnesota. This informaticaa may be used in the enforcement of federal and state tax laws. Supplying these numbers could result in action to require you to file state tax returns and pay delinquent state tax liabilities. These numbers will be available to federal and state tax authorities and state personnel involved in the payment of state obligations. Grantee's Name and Address: Randy Schumacher City of Columbia Heights 590 40* Avenue NE Columbia Heights, MN 55421 Minnesota Tax ID: 008021384 Social Security or Federal Employer ID: 417005069 TIllS PAGE OF THE CONTRACT CONTAIN8 P~_IVAT~ INFORMATION. EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED WITHOUT EXPRESS WRITTEN PERMISSION OF THE GRANTEE. If You circulate this contract internally, DO NOT include this page. Current version: ,%3/31/O0 STATE OF MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT BUSINESS AND COMMUNITY DEVELOPMENT DIVISION Contamination Investigation and RAP Development Program Grant Agreement CCGP-03-0009-Z-FY03 This Agreement is made on June 6, 2003 between the State of Minnesota, acting through the Department of Trade and Economic Development (hereinafter the Grantor) and the city of Columbia Heights (hereinaflgr the Grantee). The Grantor has been allocated funds by the Minnesota Legislature to the contaminated site cleanup and development account in the Petrofund account to make grants pursuant to M.S. 116J.554. The Grantee has made application to the Grantor for a Contamination Investigation and Response Action Plan Development Grant described in Grantee's "APPLICATION" for the Industrial Area Redevelopment Site, which is incorporated into this agreement by reference. In consideration of mutual promises set forth below, the parties agree as follows: The Grantor shall grant to the Grantee the total sum of fifty thousand DOLLARS ($50,000), which are state funds appropri.ated by the Legisla .tgre of the State of Minnesota. The breakdown of the grant amount follows: Amount: $50,000; Funding Source: Petroftmd: Fund 150, Org 1404, App 101 Funds made available pursuant to the Agreement shall be used to perform contaminant investigations and the development of a Response Action Plan as specified in M.S. 116J.554, subd. l(h), for purposes specified therein aid incorporated into the Agreement as "PROJECT" and specified under "SPECIAL CONDITIONS". Crmntee agrees to complete the Project in accordance with the approved budget and within the timeframes specified in the Application and Agreement. Any material change in the scope of the Project, the Budget or the Completion Date must be approved in writing by the Grantor. Funds made available pursuant to this agreement shall be used only for expenses incurred in performing and accompli.qhing such purposes and activities during the grant period described above. Notwithstanding all other provisions of this agreement, it is understood that any reduction or termination of state funds provided to the Grantor may restdt in a like reduction to the Grantee. Where provisions of the Grantee's application are inconsistent with other provisions of this Agreement, the other provisions of this Agreement shall take precedence over the provisions of the Application. Current version: (:3/31100 I cONmT ONS Accomatin~ For all expenditures of funds made pursuant to this Agreement, the Grantee shall keep financial records including properly executed contracts, invoices, and other documents sufficient to evidence in proper detail the nature and propriety of the expenditures. Accounting methods shall be in accordance with generally accepted accounting principals. PavmenKDisbursement Schedule Grantor shall disburse funds to the Grantee pursuant to this Agreement, based upon a payment request provided by the Grantor, submitted by the Grantee and reviewed and approved by the Grantor. Payment requests must be accompanied by supporting invoices that relate to activities in the approved Investigation Grant Agreement Budget. The amount of grant funds requested by the Grantee cannot exceed 75% of the total approved costs incurred by the Grantee as supported by invoices. Payment requests shall be reviewed and processed weekly. Te.~ The Grantee shall perform and accomplish such purposes and activities specified herein during the period of Jmae 6, 2,003 to Juue 30, 2005. The Grantor will consider a request for extension of this term if the Project is not complete as of June 30, 2005. Crrantee shall submit to the Grantor a report on the dislribution of funds and the progress of the Project covered from the date of the grant award through June 30 of each year. The reports must be received by DTED no later than July 25 of each year. The report shall identify specific project goals listed in the application and quantitatively and qualitatively measure the progress of such goals. The report shall include data collected by the Project for use by the Department of Trade and Economic ~Development. Repo~ forms will be provided by the Grantor. Provisio~ for Contracts and Submants The Grantee shall include in any contract and subgrant, in addition to provisions that define a sound and complete agreement, such provisions that require contractor and subgrantee compliance with applicable state and federal laws. Along with such provisions, the Grantee shall require that contractors performing work covered by this grant be in compliance with all applicable OSHA regulations, especially the federal Hazardous Waste Operations and Emergency Response Standards (29CFR 1910.120 and 29CFR 1926.65). Proglam Incolne Program income generated from grant-funded activities on hand at the end of the grant period must be returned to the State unless a reuse of the income has been approved by the Grantor. Current version: ~3/31/o0 2 Termination ~d Cancellation Termination by the State. The Grantor or commissioner of Administration may cancel this agreement at any time, with or withom cause, upon 30 days' written.notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. If the Grantor finds that there has been a failure to comply with the provisions of this agreement, that reasonable progress has not been made, or that the purposes for which the funds were granted have not been or will not be fulfilled, the Grantor may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. Termination for Insufficient Funding. The Grantor may immediately terminate this agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The Grantor is not obligated to pay for any services that are provided after notice ~ effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The Grantor will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The Grantor must provide the Grantee notice of the lack of funding within a reasonable time of the Grantor receiving that notice. Affirmative Action' A Public Entity that receives State money for any reason is encouraged to prepare and implement an affu'mative action plan for the employment of minority persons, women, and the disabled and submit the plan to the Commissioner of Human Rights. ~udit and lmr~ea:tion The Grantee shall furnish the Gramor with an acceptable iadepen~ audit covering each gnmt year in which grant disbursements were made; and prepared in compliance with generally recognized audit standards. The audit shall include a schedule of revenue and expenditures of these grant funds. The audit must be submiRed within 30 days after the completion of the audit, but not later than one year aider the end of the audit period. Acco~ and records related to the funds provided under this agreement shall be accessible to authorized represen~ves of the Grantor for purposes of examination and audit. In addition, the Grantee will give the State of Mirmesota, Department of Trade and Economic Development, the Legislative Auditor, ami State Auditor's Office, through any authorized representatives, access to and the right to examine all records, books, papers, and documents related to the grant, for a minimum of six years from the end of the contract grant term. Liability Grantee agrees to indemnify and save and hold Grantor, its agents and employees harmless from any and all claims or causes of action arising from the performance of the Grant by Grantee or Grantee's agents or employee. This clause shall not be construed to bar any legal remedies Grantee may have for the GrantOl~S failure to fulfill its obligations pursuant to this Agreement. Amendments Any amendments to this agreement shall be in writing, and shall be executed by either the same parties who executed the original agreement, their successors in office, or by those parties authorized by the Grantee through a formal resolution of its governing body. Antitrmt The Grantee and Subgrantees hereby assign to the State of Minnesota any and all claims for overcharges for goods and/or services provided in connection with this contract resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Mirmesota. R,~xmired Resolution and Certification The Grantee shall attach hereto, prior to submission, a resolution by the appropriate governing body, which legally authorizes the execution of this agreement on behalf of the Grantee. St~cessors itad Assi[mees This agreement shall be binding upon any successors or assignees of the parties. The Grantee shall comply with the Minnesota Government Data Practices Act, Chapter 13 and the Conflict of Interest provisions of Minnesota Statutes Sections 471.87 - 471.88. The Grantee shall comply with the Minnesota Business Subsidy Law, Minnesota Statutes 116J.993 - 116J.995. L0~al M4~tch- TIF I~e~cation If the Grantee establishes a tax increment financing district or hazardous ~ubstance subdi~trict on the project site to pay for the local match requirement pursuant to M.S. 116J.556 (a), the district or subdistrict is not subject to the state aid reductions under M.S. 273.1399. In order to qualify for the exemption from state aid reductions, Cmmt must comply with provision of M.S. 116J.556(b). The following activities and costs are based on a budget submitted by the Grantee. Modifications must be approved in writing by the Grantor. Approved Investigation Columbia Activities DTED Heights Total Cost Phase I $10,000 $10,000 Phase II and RAP Development $50,000 $23,713 $73,713 TOTAL $50,000 $33,713 $83,713 DTED Grant $ 50,000 Local Share $ 33,713 The Grantor and Grantee acknowledge their assem to this agreemem and agree to be bound by its terms through their signatures entered below. ~ I have read and I agree to all of the above provisions, of this agreganent. By ~~~~~ Title ~_~ STATE OF MINNESOTA by and through the Department of T~:pcJa andf_~onomic Development By .~~/~) ~ Title Date .~:~/~missioner) By. Title Date (Name) ENCUMBERED: Department of Trade and Economic Devplopment ( ane) Date Encumbered~(::~ (Individual signing certified that funds have been encumbered as required by Minnesota Statutes 16A,) Grantee: City of Columbia Heights Grant Agreement #: CCGP-03-0009-Z-FY03 Minnesota Tax ID: 008021384 Social Security or Federal Employer ID: 417005069 RESOLUTION 2003 - 19 RESOLUTION OF ~ CITY COUNCIL OF TIlE CITY OF COLUMBIA l~li',IGllTS, MINNESOTA AUTHORIZING APPLICATION FOR MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT FUNDING INVESTIGATION OF INDUSTRIAL PROPERTIES WI~RE~, the City Council of the City of Columbia Heights (the "City) has undertaken a plan to detemiine the highest and best use of existing industrial area properties; and ~AS, the City has found that there exists conditions of deterioration, blight, substandard structures, and environmental concerns, and there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration and promote redevelopment of the industrial area; and WI~.~AS, the City has recently identified and completed Phase I assessments of all industrial properties in the industrial plmming area in which various potential contaminants were identified; and NOW, TitERE~RE RE IT RESOLVED that the City of Columbia Heights acts as the legal sponsor for the Contamination Cleanup Gnmt Program to be submitted on May 1, 2003, and that Walt R Fehst, Executive Director, is h~reby authorized to apply to DTED for funding on behalf of the City of Columbia Heights, Mkmesota; and RE IT FURTHER RESOLVED that the City of Columbia Heights has tbe legal authority to apply for financial assistance, and the institutional, mmmgerial, and financial capability to ensure adequate project ~nistration; and ]l~ IT ~ RESOLVED that the sources and amounts of the lo~1 match identified in the application are comafitt~l to the project identified; and ~E IT FURTHER RESOLVE]) that the City of Columbia Heights has not violated any Federal, State, or local laws pertaining to fraud, hffrmry, graft, kickbacks, collusion, comqict of interest or unlawful or corrupt practice;, and BE IT FURTIIER RESOLVED that upon approval of its application by the state, the City of Columbia Heights, Minnesota may enter into an agreement with the State of Minnesota for the above-referenced project(s), and that Columbia Heights certifies that it will comply with all applicable laws and regulations as stated in all contract agreements; mad BE IT FURTBER RESOLVED that ~ ]L ~ is hereby authorized to execute such agreements as are necessary to implement the project(s) on belmlf of the applicant; and NOW, TNi~IEFORE BE IT RESOLVED that the City Council of the City of Columbia Heights, Minnesota has approved the C. on~tion Cleanup grant application submitted to the Deparm~t of Trade and Economic Development (DTED) for envirommmtal investigation of Industrial Planning Areas identified. Pasaed this 28~ day of April 2003 Smond by: Roll Call: Williams Ayes: Wyckoff, Williams, Nawrocki, Ericson, Kelzenberg Attest: ~atricia Muscovitz, CMC ~ Deputy City Clerk/Council Secretary Julier~¢ Wyckoff