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HomeMy WebLinkAboutContract 1748 METROPOLITAN COUNCIL PREDEVELOPMENT GRANT PROGRAM GRANTEE: City of Columbia Heights GRANT AMOUNT: $50,000.00 GRANT NO. SG2003-135 COUNCIL ACTION: November 12, 2003 END DATE: December 31, 2005 GRANT AGREEMENT THIS GRANT AGREEMENT ("Agreement") is made and entered into by the Metropolitan Council ("Council") and the city, county, or township within the seven-county metropolitan area identified abOve as "Grantee." WHEREAS, Minnesota Statutes section 473.129, subdivision 4 authorizes the Council to accept gifts for any Metropolitan Council purpose and to dispose of such moneys or property in accordance with the terms of the gift; and WHEREAS, the sources of funding for the Council's Predevelopment Grant Program are financial donations from The Minneapolis Foundation and the Family Housing Fund; and WHEREAS, the purposes of the Predevelopment Grant Program are to assist reinvestment activities that support housing production in cases where plans are completed but necessary support to implement the plans is not available, and to build on a regional reinvestment strategy that encourages redevelopment, infill, and adaptive reuse as outlined in a 2002 Council publication, Reinvesting in the Region's Future; and WHEREAS, the Grantee submitted an application for Predevelopment Grant Program funds in response to the Council's request for applications; and WHEREAS, the Council awarded Predevelopment Grant Program funds to the Grantee; subject to any terms, conditions and clarifications stated in its "Council Action." NOW THEREFORE, in reliance on the above representations and statements and in consideration of the mutual promises and covenants contained in this Agreement, the Grantee and the Council agree as follows: I. GRANT FUNDS 2.01 Total Grant Amount. The Council will grant to the Grantee the "Grant Amount" identified at Page 1 of this Agreement that shall be funds from the Predevelopment Grant Program. Notwith- standing any other provision of this Agreement, the Grantee understands and agrees that any reduction or termination of these grant funds made available to the Council through foundation support may result in a like reduction in the Grant Amount made available to the Grantee. Predevelopment Grant Program Page 1 of 8 Pages 2.02 Authorized Use of Grant Funds. The Grant Amount made available to the Grantee under this Agreement shall be used only for the purposes and activities described in the Grantee's application for Predevelopment Grant Program funds. A summary of the project described in the Grantee's application is attached to and incorporated into this Agreement as Attachment A. Ineligible uses include: activities prior to award of grant; construction costs; master and comprehensive planning activities and related design workshops or other public involvement techniques, which should be complete or nearly complete; local permits, licenses or other fees such as park dedication~ and operating expenses, salary costs and developers fees. Funded elements must directly contribute to implementation of an eligible reinvestment project. If consistent with the Grantee's application, the Grantee may use the grant funds for soft costs and professional services such as legal, title, financial analysis; architectural and engineering design; project management; modeling and mapping; tax credit fees; marketing and advertising; survey fees~ inspections, appraisals, and environmental testing; and costs associated with securing other funding sources and preparing other grant proposals, except grant proposals for Metropolitan Council programs. The Council shall bear no responsibility for cost overruns that may be incurred by the Grantee or others in the implementation or performance of the project activities described in Attachment A. The Grantee agrees to remit to the Council in a prompt manner any unspent grant funds; any grant funds which are not used for the authorized purposes specified in this paragraph; or not used for the purposes of implementing the project activities described in Attachment A. The Grantee must complete all major components of the grant project as proposed and for which the Council made its grant award, or the Grantee must return to the Council the entire Grant Amount. The Grantee agrees to comply with any "business subsidy" requirements of Minnesota Statutes sections 116J.993 to 116J.995 that apply to the Grantee's expenditures or uses of the grant funds. 2.03 Disbursement Schedule. The Council will disburse grant funds in response to written disbursement requests submitted by the Grantee and reviewed and approved by the Council. Written disbursement requests shall indicate the project activity funded by this Agreement, the contractor(s)/vendor(s) to be paid, and the time period within which the project activity was or will be performed. Disbursements prior to the performance of a project activity will be subject to terms and conditions mutually agreed to by the Council and the Grantee. Individual disbursement requests should specify the project or activity to be funded and identify dollar amounts by project or activity. Subject to verification of a written disbursement request and approval for consistency with this Agreement, the Council will disburse a requested amount to the Grantee within twenty (20) business days after receipt of a written disbursement request. 2.04 Effect of Grant. Issuance of this grant neither implies any Council responsibility for contamination, if any, at the project site nor imposes any obligation on the Council to participate in any pollution cleanup of the project site if such cleanup is undertaken or required. 2.05 Resale Limitations. If appropriate for the project, the Grantee must impose resale limitations regarding the disposition of any equity realized by the purchasers of "affordable" units if grant funds received from the Council under this Agreement are used for gap financing in the project described in Attachment A. The intent of this resale limitation is to protect the public and foundation investment in the project and ensure that a proportion of the affordability gap provided by the public and foundation investment in the form of grant funds is recaptured and does not become a windfall for any purchaser who might sell the home within a predetermined and agreed upon time period of ownership. An equitable proportion of the affordability gap filled by grant funds received from the Predevelopment Grant Program Page 2 of 8 Pages Council under this Agreement must be returned to the Council if a purchaser sells the "affordable" home within a certain time frame. If appropriate for the project, the length of the ownership time period and the proportion of the affordability gap to be recovered will be agreed upon by the Grantee and the Council. II. ACCOUNTING, AUDIT AND REPORT REQUIREMENTS 3.01 Accounting and Records. The Grantee agrees to establish and maintain accurate and complete accounts and records relating to the receipt and expenditure of all grant funds received from the Council. Notwithstanding the expiration and termination provisions of Paragraphs 4.01 and 4.02, such accounts and records shall be kept and maintained by the Grantee for a period of six (6) years following the completion of the project activities described in Attachment A or six (6) years following the expenditure of the grant funds, whichever occurs earlier. For all expenditures of grant funds received pursuant to this Agreement, the Grantee will keep proper financial records including invoices, contracts, receipts, vouchers and other appropriate documents sufficient to evidence in proper detail the nature and propriety of the expenditure. Accounting methods shall be in accordance with generally accepted accounting principles. 3.02 Audits. The above accounts and records of the Grantee shall be audited in the same manner as all other accounts and records of the Grantee are audited and may be audited or inspected on the Grantee's premises or otherwise by individuals or organizations designated and authorized by the Council at any time, following reasonable notification to the Grantee, for a period of six (6) years following the completion of the project activities described in Attachment A or six (6) years following the expenditure of the grant funds, whichever occurs earlier. Pursuant to Minnesota Statutes section 16C.05, subdivision 5, the books, records, documents and accounting procedures and practices of the Grantee, that are relevant to this Agreement, are subject to examination by the Council and either the Legislative Auditor or the Sate Auditor, as appropriate, for a minimum of six (6) years. 3.03 Report Requirements. The Grantee will provide to the Council written reports which report on the status of the project activities described in Attachment A and the expenditures of the grant funds. (a) Interim Report. One (1) year after the Grantee initially receives grant funds, the Grantee shall submit to the Council a written report that shall contain at least the following elements: (1) a summary of grant funds received and expended to date, including a description of the purposes or uses for which the grant funds were expended; (2) a statement of expected grant fund expenditures within the next twelve (12) months; and (3) answers to all applicable questions found on the Minnesota Common Report Form (Attachment B). This interim report is not required if a final report will be submitted within this same one (1) year period after the Grantee initially receives grant funds. (b) Final Report. The Grantee's final written report shall be submitted to the Council within two (2) months following the expenditure of all grant funds by the Grantee and shall contain a certification by the Grantee's chief financial officer that all grant funds have been expended in accordance with this Agreement. This final report shall answer all applicable questions found on the Minnesota Common Report Form (Attachment B). Predevelopment Grant Program Page 3 of 8 Pages 3.04 Environmental Site Assessment. The Grantee represents that a Phase I Environmental Site Assessment or other environmental review has been or will be carried out, if such environmental assessment or review is appropriate for the scope and nature of the project activities funded by this Agreement, and that any environmental issues have been or will be adequately addressed. III. AGREEMENT TERM 4.01 Term and End Date. This Agreement is effective upon execution of the Agreement by the Council. Unless terminated pursuant to Paragraph 4.02, this Agreement terminates on the "End Date" identified at Page 1 of this Agreement. 4.02 Termination. This Agreement may be terminated by the Council for cause at any time upon fourteen (14) calendar days' written notice to the Grantee. Cause shall mean a material breach of this Agreement and any amendments of this Agreement. If this Agreement is terminated, the Grantee shall receive payment on a pro rata basis for eligible project activities described in Attachment A that have been completed. Termination of this Agreement does not alter the Council's authority to recover grant funds on the basis of a later audit or other review, and does not alter the Grantee's obligation to return any grant funds due to the Council as a result of later audits or corrections. If the Council determines the Grantee failed to comply with the terms and conditions of this Agreement and all applicable provisions, the Council may take any action to protect the Council's interests, may refuse to disburse additional grant funds, and may require the Grantee to return all or part of the grant funds already disbursed to the extent such grant funds were not used in accordance with this Agreement. 4.03 Amendments. The Council and the Grantee may amend this Agreement by mutual agreement. Amendments, changes or modifications of this Agreement shall be effective only on the execution of written amendments signed by authorized representatives of the Council and the Grantee. IV. GENERAL PROVISIONS 5.01 Equal Opportunity. The Grantee agrees it will not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation or age and take affirmative action to insure applicants and employees are treated equally with respect to all aspects of employment, rates of pay and other forms of compensation, and selection for training. 5.02 Conflict of Interest. The members, officers and employees of the Grantee shall comply with all applicable state statutory and regulatory conflict of interest laws and provisions. 5.03 Liability. To the fullest extent permitted by law, the Grantee shall defend, indemnify and hold harmless the Council and its members, employees and agents from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the conduct or implementation of the project activities funded by this Agreement. Claims included in this indemnification include, without limitation, any claims asserted pursuant to the Minnesota Environmental Response and Liability Act (MERLA), Minnesota Statutes Chapter 115B, the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 Predevelopment Grant Program Page 4 of 8 Pages (CERCLA) as amended, 42 U.S.C. sections 9601 et seq., and the federal Resource Conservation and Recovery Act of 1976 (RCRA) as amended, 42 U.S.C. sections 6901 et seq. This obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which otherwise would exist between the Council and the Grantee. The provisions of this paragraph shall survive the termination of this Agreement. This indemnification shall not be construed as a waiver on the part of either the Grantee or the Council of any immunities or limits on liability provided by Minnesota Statutes Chapter 466, or other applicable state or federal law. 5.04 Acknowledgments. The Grantee shall acknowledge the financial assistance provided by the Council, the Family Housing Fund, and The Minneapolis Foundation in promotional materials, press releases, reports and publications relating to the project activities described in Attachment A that are funded in whole or in part with the grant funds. The acknowledgment should contain the following language: Financing for this project was provided by the Metropolitan Council through the generous support of the Family Housing Fund and The Minneapolis Foundation Until the project activities funded by this Agreement are completed, the Grantee shall ensure the above acknowledgment language, or alternative language approved by the Council, is included on all signs located at project or construction sites that identify project sponsors or entities providing financial support for the project. 5.05 Permits, Bonds and Approvals. The Council assumes no responsibility for obtaining any applicable local, state or federal licenses, permits, bonds, authorizations or approvals necessary to perform or complete the project activities described in Attachment A. 5.06 Contractors and Subcontractors. The Grantee shall include in any contract or subcontract for project activities appropriate contract provisions to ensure contractor and subcontractor compliance with all applicable state and federal laws. Along with such provisions, the Grantee shall require that contractors and subcontractors performing work covered by this Agreement comply with all applicable state and federal Occupational Safety and Health Act regulations. 5.07 Stormwater Discharge Requirements. If any grant funds are used for urban site redevelopment, the Grantee shall at such redevelopment site meet or require to be met: (a) All requirements of federal and state law relating to stormwater discharges including, without limitation, any applicable requirements of title 40, Code of Federal Regulations, parts 122 and 123; and (b) Any additional requirements of the Council's Interim Strategy to Reduce Nonpoint Source Pollution to All Metropolitan Water Bodies (1992) including, without limitation: (1) the requirement to utilize the Minnesota Pollution Control Agency's urban best management practices entitled Protecting Water Quality in Urban Areas; and (2) the requirement that all stormwater must be pretreated by facilities designed to provide pollutant removal efficiencies equal to or greater than those observed in wet-detention basin facilities designed in accordance with the National Urban Runoff Program (NURP) design criteria. Predevelopment Grant Program Page 5 of 8 Pages 5.08 Submissions to Council. The written disbursement requests and reports submitted to the Council pursuant to this Agreement shall be submitted to the Council at the following address: Metropolitan Council Attn: Predevelopment Grant Program Administration Mears Park Centre 230 East Fifth Street Saint Paul, Minnesota 55101-1634 5.09 Attachments. A summary of the project activity and budget provisions of the Grantee's application for Predevelopment Grant Program funds is attached to this Agreement as Attachment A and is incorporated into and made a part of this Agreement. A copy of the Minnesota Common Report Form (available online at http://www, mcforg/mcf/grant/CommonReport, doc) is attached to this Agreement as Attachment B and is incorporated into and made a part of this Agreement. 5.10 Warranty of Legal Capacity. The individual signing this Agreement on behalf of the Grantee represents and warrants on the Grantee's behalf that the individual is duly authorized to execute this Agreement on the Grantee's behalf and that this Agreement constitutes the Grantee's valid, binding and enforceable agreements. IN WITNESS WHEREOF, the Grantee and the Council have caused this Agreement to be executed by their duly authorized representatives. execution by the Council. By Title Date GRANTEE This Agreement is effective on the date of final METR~TAN CO. IL Thomas H. Weaver Regional Administrator By Title Date SG2003135 Predevelopment Grant Program Page 6 of 8 Pages ATTACHMENT A Predevelopment Grant Program Project Summary This attachment comprises this page and the succeeding page(s) which contain(s) a summary of the project identified in the Grantee's grant application that was submitted in response to the Council's request for applications for Predevelopment Grant Program funds. The summary reflects the project for which the Grantee was awarded grant funds by the Council Action, and may reflect changes in the project that occurred subsequent to application submission. The Grantee's grant application is incorporated into this Agreement by reference and is made a part of this Agreement except, as follows. If the Grantee's grant application or any provision of the application conflicts with or is inconsistent with the Council Action, other provisions of this Agreement, or the project summary contained on the succeeding page(s), the terms, conditions, descriptions, clarifications and dollar amounts reflected in the Council Action or contained in this Agreement and the project summary shall prevail. For the purposes of resolving conflicts or inconsistencies, the order of precedence is: (1) the Council Action; (2) this Agreement; (3) the project summary; and (4) the Grantee's grant application. Predevelopment Grant Program Page 7 of 8 Pages Columbia Heights, Industrial Area Redevelopment The Industrial Area Redevelopment site is located just north of Minneapolis adjacent to University Avenue (Hwy 47), a few blocks west of Central Avenue (Hwy 65). The City recently completed a planning process that identifies approximately 29 acres of current dilapidated, blighted and under-producing industrial land for redevelopment. Thc redevelopment plans includes residential development, incorporates an existing 30-acre park (Huset) and proposes a parkway with trails, park connections, park amenities and stormwater features. Thc plan identifies 16.6 acres for development of life-cycle and market rate housing of varying densities and 8.5 acres adjacent to University Avenue for redevelopment of either a new industrial use or additional housing. ~-~he City recently completed the Phase II environmental testing with a plan to apply for TBRA Met Council/DEED funds in fall 2003 to remediate environmental contamination. A recent housing study by Maxfield Research indicated that the City market area could absorb up to 1,285 housing units, with a potential of 350 + units for this site. The City requested $50,000 for infrastructure feasibility analysis, engineering and appraisals. Staff recommends the project be awarded $50,000. ATTACHMENT B , · Minnesota Common Report Form CoVer Sheet Date of Report: Report Submitted to: Name of organization Legal name, if different Address Employer Identification Number (EIN) City, State, Zip Phone Fax Web site Contact person Phone E-mail Grant ID, if applicable: Amount and support type: Date grant issued: 2-3 sentence description of grant: Check one: Interim Report Final Report Predevelopment Grant Program Page 8 of 8 Pages Minnesota Common Report Form Please use the following format for a report to grantmakers that have agreed to use the Minnesota Common Report Form. Your report should only be 1-2 pages, but don't forget to check each individual funder's guidelines for reporting. 1. Please briefly outline your original goals and objectives, as stated in your proposal. 2. What progress have you made toward your original goals and objectives? What activities led to meeting these goals and objectives? 3. If applicable, describe the population served or community reached during the grant period. Use numbers and demographics such as race/ethnicity, gender or geographic location. 4. Were there any unanticipated results, either positive or negative? What did you learn because of this grant? 5. Will you make any changes based on these results? 6. (for program/project grants only) What are your future plans for sustaining this program or project? 7. Are there any other important outcomes as a result of this grant? 8. Do you have any plans to share your results or findings? How? 1. Please attach an income and expense statement for this grant period. Also, include your original budget. 2. If this is an interim report, please attach a statement including income and expenses for grant period to date. If this is a final report, please attach a statement including actual income and expenses. 3. Please feel free to include a narrative for any of your expenses and income, if necessary. 4. (for program/project grants only) Please include a list of additional funders, including amounts received for this project or program. Be sure to check each individual funder's guidelines for other reporting requirements.