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HomeMy WebLinkAboutContract 1888 STATE OF MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT BUSINESS AND COMMUNITY DEVELOPMENT DIVISION Contamination Cleanup Program Grant Agreement CCGP-05-003 7-Z- FY06 This Agreement is made on December 23,2005, 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 funds by the Minnesota Legislature to the contaminated site cleanup and development account in 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 ill 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 SEVEN HUNDRED NINETY -EIGHT THOUSAND AND THREE HUNDRED TWENTY-SIX DOLLARS ($798,326), which are state funds appropriated by the legislature ofthe State of Minnesota. The breakdown of the total grant amount is as follows: $798,326; Petro Fund, Fund 150, Org 1404, App 100. 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 ofthis agreement, it is understood that any reduction or termination of state funds provided to the Grantor may result in a like reduction to the Grantee. Where provisions ofthe Grantee's application are inconsistent with other provisions of this Agreement, the other provisions ofthis Agreement shall take precedence over the provisions of the Application. current version: 03/31/00 1 GENERAL CONDITIONS Accounting 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. Payment/Disbursement 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 Cleanup Budget. The amount of grant funds requested by the Grantee cannot exceed 75% ofthe total approved cleanup costs incurred by the Grantee as supported by invoices. Term The Grantee shall perform and accomplish such purposes and activities specified herein during the period of December 23, 2005, to June 30, 2009. Reporting Grantee shall submit to the Grantor a report on the distribution of funds and the progress of the Project covered from the date ofthe 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 sub grantee 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). Program 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 ofthe income has been approved by the Grantor. current version: 03/31/00 2 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 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 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 ofthe 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 \vhich 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 ofthe audit, but not later than one year after the end of the audit period. Accounts and records related to the funds provided under this 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 documents related to the grant, for a minimum of six years from the end ofthe 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 ofthe 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. current version: 03/31/00 3 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 Sub grantees 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 ofthe United States and the antitrust laws ofthe 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 execution 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 1 16J.993 - 116J.995. The remainder of this page intentionally blank current version: 03/31/00 4 SPECIAL CONDITIONS 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 Industrial Park Phase III: Approved Proiect Costs Amount Impacted Soil Foundry Waste Ground Water RAP Implementation Report Monitoring Well Abandonment Project Management $ 27,461 1,123,485 98,879 12,125 1,200 15,540 TOTAL $.1,278,690 DEED Grant Local Share $ 798,326 $ 480,364 Affordable Housing The grantee agrees that a minimum of 10% of all housing constructed as part of the development ofthe Industrial Park Phase III Site will be affordable housing. The remainder of this page intentionally blank current version: 03/31/00 5 The Grantor and Grantee acknowledge their assent to this agreement and agree to be bound by its terms through their signatures entered below. Gary L. terson Mayor of Columbia Heights Title STATE OF MINNESOTA by and through the Department of Employment and Economic Development By "~>7/1// Z:/WUIl 1)-4 &~ / , J---J 1-6 <5 "- By,. Title Date D2-/13/{)b Date By ~~~ \~a lter R. Fehs t Ci ty Manager ENCUMBERED: Department of Employment and Economic Development Title d:2-/ /3/0 to By /)t;4!It(Ml;~ 2rb /)vl~ ;};f~ Date Encumbered . ( Date (Individual signing certified that funds have been encumbered as required by Minnesota Statutes l6A.) Grantee:City of Columbia Heights Grant Agreement #: CCGP-05-0037-Z-FY06 Minnesota Tax ill: 008021384 Federal Tax ill: 41-6005069 U :\USERS\BCD\CONCLEAN\Contamination Cleanup\Clean upGrant.fnn current version: 03/31/00 6