HomeMy WebLinkAboutContract 22152215
STATE OF MINNESOTA
DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT
BUSINESS AND COMMUNITY DEVELOPMENT DIVISION
Contamination Investigation and RAP Development Program Grant Agreement
CCGP-09-0010-Z-FY09
3930 University Avenue Project
This Agreement is effective on the date of last signature and is between the State of Minnesota, acting through
the Depal-t~llellt 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 make grants pursuant to Minn. Stat.
§ ll 6J.554. The Grantee has made application to the Grantor for a Contamination Investigation and Response
Action Plan Development Grant for the 3930 University Avenue Project (hereinafter the Project). That
application is hereby incorporated into this agreement. Where provisions of the Grantee's application are
inconsistent with provisions of this agreement, the provisions of this agreement shall take precedence.
In consideration of mutual promises set forth below, the pal-ties agree as follows:
The Grantor shall grant to the Grantee the total sum of NINETEEN THOUSAND FOUR HUNDRED
NINETY-FIVE DOLLARS ($19,495.00). This grant is made pursuant to Minn. Stat, ~ 1167.554. Funds
made available pursuant to this agreement shall be used to perform contamination investigations and for the
development of a Response Action Plan as specified in Minn. Stat. § 11.6J.554, subd. 1 {b), for purposes
specified therein and incorporated into this Agreement as ``PROJECT" and specified under "SPECIAL
CONDITIONS".
The breakdown of the total grant amount is as follows:
$19,495.00, General Fund, Fund 100, Org 1404, App 156.
Grantee agrees to complete the Project in accordance with the approved budget and within the tulle frames
specified in this Agreement. Any material change in the scope of the Project, the budget or the conlpletioll
date must be approved ill writing by the Grantor. Notwithstanding all other provisions of this agreement, it is
understood that any reduction or termination of state funds provided to the Grantor lnay result in a like
reduction to the Grantee.
GENERAL CONDITIONS
ACCOUIltlll~
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 principles.
Term
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The Grantee shall perform and accomplish such purposes and activities specified herein during the period of
June 3, 2009 to June 30, 2011. In order to ensure that all funds are drawn prior to the grant term. end date, all
payment requests must be received at least 30 days prior to the grant term end date.
Payment/Disbursement Schedule
Grantor shall disburse funds to the Grantee pursuant to this agreement, based upon payment requests
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 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 request forms will be provided by the Grantor.
Reporting
Grantee shall submit to the Grantor annual reports on the use of funds and the progress of the Project covering
July 1st through June 30th of each year. The reports must be received by DEED no later than July 25th of
each year. The reports shall identify specific Project goals listed in the application and quantitatively and
qualitatively measure the progress of such goals. Reporting farms will be provided by the Grantor.
Provisions for Contracts and Sub-grants
The Grantee shall include in any contract or sub-grant, in addition to provisions that define a sound and
complete agreement, such provisions that require contractors and sub-grantees to comply with applicable state
and federal laws.
Along with such provisions, the Grantee shall require that contractors performing work covered by this grant
be incompliance with all applicable OSHA regulations, especially the federal Hazardous Waste Operations
and Emergency Response Standards (29CFR 1910.120 and 29CFR 1.926.65).
Program Income
Program income is income generated from grant-funded activities, including interest earned on grant funds.
All program income on hand a~t the end of the giant period must be returned to the state unless a use of the
income has been approved by the Grantor.
Termination and Cancellation
Termination by the State. The Grantor or the 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 pet•fortned.
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 refusing to disburse additional funds and requiring the return of all or part of the funds aheady
disbursed.
Tei7nination for Insufficient Funding. The Grantor may immediately tetaninate this agreement if it does not
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obtain funding fi-om 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 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 maintain adequate financial records consistent with generally accepted accounting
principles. The Grantee shall fiu-nish the Grantor with an independent audit covering each grant year in which
grant disbursements or expenditures were made; and prepared incompliance with generally recognized audit
standards. The audit shall include a schedule of revenue and expenditures for the Project. The audit must be
submitted within 30 days after the completion of the audit, but not later titan one year after the end of the audit
period. Alternatively, the Grantee shall submit accounting system records that track the use of grant proceeds
and all matching funds by eligible Project Costs for each year in which grant disbursement and expenditures
were made. The records shall reflect both expenditures and revenues and shall be submitted after all grant
proceeds and matching funds have been expended or at the Grantor's request.
Accotults and records, including, but not limited to all financial and environmental documents related to the
funds provided under this agreement shall he accessible to authorized representatives of the Grantor for
purposes of examination and audit. h1 addition, the Grantee will give the State of Minnesota, Department of
Employment and Economic Development, the Legislative Auditor, and the State Auditor's Office, through
airy authorized representatives, access to and the right to examine all records, books, papers, and documents
related to the gi°ant, far a minimum of six years from the end of the term of this Grant Contract.
Liability
Grantee agi°ees to indemnify 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
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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 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 that
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 Data Practices Act codified at Minn. Stat. ~ 13, the Conflict of Interest
provisions of Minn. Stat. ~§ 471.87 - 471.88 and the Business Subsidy Act codified at Minn.
Stat. §§ 116J993 - 1161.995.
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 ti;e Proje..t: ~9~J I1~~ivers:t<y Avenue
Approved Proiect Costs Amount
Please I $3,059
Phase II $1 x,200
RAP Development $7,735
Tota] $25,994
DEED Grant: $19,495
Local Match: $6,499
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The Grantor and Grantee acknowledge their assent to this agreement and agree to be bound by its
terms through their signatures entered below.
GRANTEE:
_~
By "
Title Communit~Development Director
Date ~l ~` v
Date M ~ ~`~ E '~
ENCUMBERED:
Department of Employment and Economic
Development
Date
822-Ji499~ Of/2~IQ~
Grantee: City of Columbia Heights Date Encumbered
Grant 1~greement #: CCGP-09-0010-Z-
FY09 (Individual signing certified that funds have
been encumbered as required by Minn. Scat.
~ 16A.)
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