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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 1 of 5 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 2of5 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 3 of 5 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 4of5 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.) 5 of 5