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HomeMy WebLinkAboutContract 1759 17 S-9 GRANT ADJUSTMENT NOTICE State of Minnesota Department of Employment and Economic Development . Brownfields and Community Assistance Unit Grant #: CCGP-03-0023-Z-FY04 Adjustment #: 1 Grantee: City of Columbia Heights Project Title: Industrial Park Site THE FOLLOWING ADJUSTMENT IN THE ABOVE GRANT PROJECT IS APPROVED A. The status of the grant is now The former status was B. The budget amounts for this grant are changed as follows: x C. Other (Narrative) On Page 5 of the Grant Agreement, Under the Affordable Housing Section of the Special Conditions Section, the following language shall be deleted: DEED policy requires that at least 20% ofthe housing units for a project be affordable (based on the city's affordability definition). Pursuant to the Application, 226 units of housing will be built. DEED's policy requires then, that at least 45 units shall meet city of Columbia Heights affordability standards. On Page 5 of the Grant Agreement, Under the Affordable Housing Section of the Special Conditions Section, the following language shall be added, replacing the above language: Pursuant to the Application, 10 - 20% of the housing units built on the site shall be affordable, based on the city's affordability definition. ..) ,. Prepared by: VV\l ytIiJ' lWu ,r APprOVedbY:~ ~ Date: s//Y 16~ I -.1"h:~c:zs ./ Date: STATE OF MINNESOTA DE?ARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT BUSINESS AND COMMUNITY DEVELOPMENT DIVISION Con~arnJna~on Cleanup Program Gran~ Agreemen~ CCGP-O3-~O23-Z~FY¢4 AGENCY VENDOR NUMBER OBJECT TOTAL AMOUNT CODE B22100 03677200100 $1,001,640 ACCOUNT DISTRIBUTION BF¥ 04 FUND ORG APPR REPT AMT 150 1404 101 $ 1,001~640 Notice to Grantee You are required by Minnesota Statutes, Section 270.66, to provide yom' Minnesota tax identification number if you do business with the State of Minnesota. This information may be used in the enforcement of federal and state tax laws. Supplying these numbers cordd result in action to require you to file state tax returns and pay delinquent state tax liabilities. These nmnbers 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 40th Avenue NE Columbia Heights, MN 55421 Minnesota TaxlD: Federal Employer ID: OO8O21384 4170O5O69 THIS PAGE OF THE CONTRACT CONTAINS PRIVATE INFORMATION° EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED WITHOUT EXPRESS WRITTEN PERMISSION OF THE GRANTEE. l[fyou c~rcu~a~e this contract internally, DO NOT ~nc~ude ~h~s page° STATE OF MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMI[C DEVELOPMENT BUSINESS AND COMMUNITY DEVELOPMENT D]~¥ISI[@N Contamination Cleanup Program Grant Agreement CCGP~O3-OO23-Z~FY04 This Agreement is made on December 31, 2003 between the State of Minnesota, acting through the Department of Employment and Economic Development (hereinafter the Grantor) and the City of Columbia Heights (hereinafter the Grantee). The Grantor has been allocated ftmds by the Minnesota Legislature to the contaminated site cleanup and development account h~ the general fund (M.S. 116J.551) and from the Petrofund account to make grants pursuant to M.S. 116J.554. The Grantee has made application to the Grantor for a Contamination Cleanup Grant described in Grantee's "APPLICATION" for the Industrial Park 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 One million one thousand six hundred forty DOLLARS ($1,001,640), which are state funds appropriated by the legislature of the State of Minnesota. The breakdown of the total grant amount is as follows: $~,001,640, Petrofnnd, Fund 150, Org 1404, App 101. Funds made available pursuant to the Agreement shall be used as "PROJECT COSTS" defined in M.S. 116J.552, subd. 7, for purposes specified therein and incorporated into the Agreement as "PROJECT" and specified under "SPECIAL CONDITIONS". Grantee agrees to complete the Project in accordance with the approved budget and within the time frames 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 accomplishing Such purposes and activities during the grant period described above. Notwithstanding all other provisions of this agreement, it is m~derstood that any reduction or tenuination of state funds provided to the Grantor may result in a like reduction to the Grantee] Where provisions of the Grantee's application are inconsistent w/th other provisions of this Agreement, the other provisions of this Agreement shall take precedence over the provisions of the Application. GENERAL COND~TI~ONS Accounting For all expenditures of funds made pursuam to this Agreemem, the Grantee shall keep financial records including properly executed contracts, invoices, and other documents sufficient to evidence in proper detM1 the nature and propriety of the expenditures. Accounting methods shall be in accordance with generally accepted accounting principals. Payment/Disbursement Schedule Grantor shall disburse frmds 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 Cleanup Budget. The amount of grant funds requested by the Grantee cannot exceed 75% of the total approved cleanup costs incurred by the Grantee as supported by invoices. Payment requests shall be reviewed and processed on a weekly basis. Ternrl The Grantee shall perform and accomplish such purposes and activities specified herein during the period of December 31, 2003 to June 30, 2005. The Grantor will consider a request for extension of this renu if the Project is not complete as of June 30, 2005. Reporting Grantee shall submit to the Grantor a report on the distribution 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 DEED 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 on the Project for use by the Department of Employment and Economic Development. Reporting forms will be provided by the Grantor. Provisions for Contracts and Subgrants 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). 2 Pro,ram Income 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. Termination and Cancellation Termination by the State. The Grantor or commissioner of Administration may cancel this agreement at any time, with or without 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 return of all or part of funds disbursed. Termination for Insufficient Funding. The Grantor may immediately terminate tiffs agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cam~ot 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 and 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 affirmative action plan for the employment of minority persons, women, and the disabled and submit the plan to the Commissioner of Human Rights. Audit and Inspection The Grantee shall furnish the Grantor with an acceptable independent audit covering eaCh grant 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 submitted within 30 days after the completion of the audit, but not later than one year after the end of the audit period: 3 Accounts and records related to the funds provided under tlfis agreement shall be accessible to authorized representatives of the Grantor for purposes of examination and audit. In addition, the Grantee will give the State of Minnesota, Department of Employment and Economic Development, the Legislative Auditor, and State Auditor's Office, through any authorized representatives, access to and the right to examine all records, books, papers, and docmnents related to the grant, for a minimum of six years from the end of the term of this Grant Contract. 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 Grantor'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. Antitrust The Grantee and Subgrantees hereby assign to the State of Mi~mesota any and all claims tbr 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 Minnesota. Required Resolution and Certification The Grantee shall attach hereto, prior to submission, a resolution by the appropriate governing body, which legally authorizes the execmion of this agreement on behalf of the Grantee. Successors and Assignees This agreement shall be binding upon any successors or assignees of the parties. Other Provisions 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. Local Match - TIF Decertification If the Grantee establishes a tax increment financing district or hazardous substance subdistrict 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, Grantee must comply with provision of M.S. 116J.556(b). SPECIAL CONDITIONS Affordable Housing DEED policy requires that at least 20% of the housing units for a project be affordable (based on the city's affordability definition). Pursuant to the Application, 226 units of housing will be built. DEED's policy requires then, that at least 45 units shall meet city of Columbia Heights affordability standards. Budget The following activities and costs are based on a budget submitted by the Grantee. Modifications must be approved in writing by the Grantor. Approved Budget for Columbia Heights Industrial Park Cleanup: Approved Activities DEED Investigation Impacted Soil Testing & Removal Foundry Waste Removal Pre-demo surveys, Asbestos Abatement / Oversight Eligible Building Demolition (Building #31) Supplemental Investigation . Groundwater Remediation, Monitoring & Reporting Other Cleanup and Reporting Costs Potentially Eligible Demolition Costs (For Buildings #13, 24, 28 & 49: eligible if contamination is found) 52,648 223,923 476,618 142,659 9,103 51,198 22,218 ~,00~,640 DEED Share $ Local Share $ 572,949 City of Columbia TOTAL Heights / COSTS Local Match 30,115 $ 82,763 128,085 $ 352,008 272,629 $ 749,247 81,601 $ 224,260 5,207 $ 14¢310 29,285 $ 80,483 12,710 $ 34,928 13,317 $_ 36~590 572,949 $ 1,574,589 383,190 $ ~ $ 956,139 $ ~957,779 The Grantor and Grantee acknowledge their assent to this agreement and agree to be bound by its terms through their signatures entered below. GRANTEE: ! have read and I agree to all of the above provisions of this agreement. Title Date STATE OF MINNESOTA by and through the Department of Employment and Economic Develop~ ~m~eF~,//- Title By Title Date ENCUMBERED: Department of Employment and Economic Development Date Encumbered (Individual signing certified that funds have been encumbered as required by Minnesota Statutes 16A.) Grantee: City of Columbia Heights Grant Agreement #: CCGP-03-0023-Z-FY04 Minnesota Tax ID: 008021384 Federal Employer ID: 417005069 RESOLUTION 2001°60 BEING A RESOLUTION OF TEEE COLUMBIA EFEIGtTTS CITY COUNCIL ELECTING TO C * ' ON T~'~-E ?ARTICIPAgXNG IN TEtE LOCAL EIOUSING INCENTIF~rES ACC@Uih~I' ]PROGRAM LINDER T]B]E IVlE~O]POLITAN LIVABLE COM1VIUi~TEES ACT WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues fac/rig the metropohtan area defined by Minnesota Statutes Section 473.121; and WItEREAS~ the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentive Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and Wl:LEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropohtan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes Section 473.254; and WEIEREAS, the Metropohtan Livable Communities Act requites the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropohtan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WI-EEltEAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life- cycle housing goals for each participating muaicipality; and WlZEREAS, a metropolitan area municipahty which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WltEREAS, for calendar year 2002, a metropolitan area municipahty that participated in the Local Housing Incentive Account Program during the calendar year 2001, can continue to participate under Minnesota Statutes Section 473.254 if: (a) the municipahty elects to participate in the Local Housing Incentives Account Program by November 15,2001; and Cb) the Metropolitan Council and the municipality have successfully negotiated affordable and life-cycle housing goals for the municipahty: NOW, THERElPOI~ BE IT RESOLVED that the Columbia Heights City Council hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 2002. Passed this 22'"a day of October 2001. Offered by: Nawrocki Seconded by: Wyckoff Roll Call: All ayes- Peterson, Szu-rek, Wyckoff,Nawrocki,_ ~j~/~i~~Williams Attest: . Mayor Gary L. PgfiSrson Patricia Mnscovitz, Deputy C~/y Clerk CITY OF COLIJMBIA HEIGHTS~ MINNESOTA RESOLUTION AUT~ORIrZING APPLICATION TO TM 1?[ETRO?OLIT~ COUNCIL FOR TAX I~ASE REVITAL~ATION ACCOUNT FUNDING VfHEREAS~ the City of Columbia Heights is a participant in the Livable Communities Act Housing Incentives Program for 2003 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Tax Base Revitalization Account; and 'W-HE~AS~ the City has identified a contamination clean-up project within the City that meets the Tax Base Revitalization Account's purpose/s and criteria; and ~REAS~ the City has the institutional, managerial and financial capability to ensure adequate project administration; and ~REAS~ the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and WHEREAS~ the total appropriation for the Spring 2004 funding cycle is 2,550,000; and ~REAS, the City Council of Columbia Heights, Minnesota agrees to act as legal sponsor for the project contained in the Tax Base Revitalization Account application submitted on November 1, 2003; and BE IT FUR .THER RESOLVED that the City Manager is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Columbia Heights and to execute such agreements as are necessary to implement the project on behalf of the applicant~ Passed this 27th day of October 2003. Offered by: Second by: Roll Call: Kelzenberg Ericson Ayes: Wyckoff, Nawrocki, Ericson, Kelzenberg Absent: Will/ams a Muscovitz, CMC ( Deputy City Clerlc/Council Secretary ]RESOLUTION C][TY OIF COLUM~tA E[EtGI~ITS, g/IINNESOTA ]t[ESOLUTION AUT~OIRIZ~hlG APPL]CAT][ON FOR MINNESOTA DEPA]RT1M[ENT OF AND ECONOMIC DE~FI~LO?M3E~ CONTAMINATION CLEANUP GRANT Wlc[EREAS, the City Council of the City of Columbia Heights (the "City) has given thek support to a master plan for redevelopment of industrial area properties; and ~REAS, the City has found that there exists conditions of deterioration, blight, substandard structures, and envLronmental concerns, and there exists a need (due to blighting kffluences) for intervention by the City to prevent further deterioration and promote redevelopment of the industrial area; and WlFIEREAS, the City has recently identified and completed Phase I and Phase 1I assessments of all industrial properties in the industrial planning area in which various potential contan~nants wore identified, with the City submitting a Response Action Plan (RAP) to the MPCA for cleanup; mad ~llEAS, the total legislative appropriation for thls grant program for fiscal years 2004-05 is $4,362,000, and the DEED grant requkes applicants to pay an amount equal to 12 % of the cleanup costs from unrestricted money available to the City. With the local match to be an internal loan from the Capital Improvement General Government Building Fund and to be repaid at a 5_ % interest rate; and NOW, TmgREFORE BE IT RESOLVED that the City of Colmbia Heights acts as the legal sponsor for the Contamination Cleanup Grant Program to be submitted on November 1, 2003, and that Walt R Fehst, Executive Director, is hereby authorized to apply to DEED for funding on behalf of the City of Columbia Heights, Minnesota; and BE IT FURIltER RESOLVED that the City of Columbia Heights has the legal authority to apply for financial assistance, and the institutional, managerial~ and financial capability to ensure adequate project admiuistrafion; and BE IT FURTm~,R RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified; and BE iT FURTI:gER RESOLVED that the City of Columbia Heights has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or unlawful or corrupt practice; and BE IT YtYR~tt[ I~ESOLVED that upon approval of its application by the state, the City of Columbia Heigh~ 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; and BE IT FURT~'ER RESOLVED that Walter R. Fehst is hereby authorized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant; and NOW, ~FORE BE IT RESOlVED that the City Council of the City of Columbia Heights, Minnesota has approved the Contamination Cleanup Grant Application submitted to the Department of Employment and Economic Development (DE~D). I certify that the above resolution was adopted by the City Council. Passed this 27~ day of October 2003. Offered By: Seconded By: Roll Call: Attest: LPatricia Muscovitz, CMC 1 Deputy City Clerk/Council Secretary Ericson Kelzenberg Ayes: Wyckoff, Nawrocld, Ericson, Kelzenberg Abse~at: Williams