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HomeMy WebLinkAboutContract 1558 rSS „' Minnesota Department of Natural Resources . v N F m w 2 Mill � 500 Lafayette Road 10 J +I- Q. St. Paul, Minnesota 55155 -40_ REnFIVED NOV 2 7 2000 PUBLIC WORKS November 21, 2000 • Kevin Hansen , City Engr City of Columbia Heights 637 38th Ave NE Columbia Heights, MN 55421 RE: CP00 -6.30 , Prestemon Park wetland /upland restoration Dear Mr. Hansen : Enclosed is a fully executed grant agreement from the State of. Minnesota, Department of Natural Resources for the above referenced project. If you have any questions regarding this information, please contact me. Sincerely, /// Joe Hiller, Grants Ma ager Local Grants Program ' 651/296-4891 Attachment DNR Information: 651- 296 -6157 • 1 -888 -646 -6367 • TTY: 651- 296 -5484 • 1- 800 - 657 -3929 An Equal Opportunity Employer Who Values Diversity C) Pricy Papeo Minimum nted on of Re 10% Pos cled t - Consumer r Cntaining Waste y., P i STATE OF MINNESOTA CONSERVATION PARTNERSHIP GRANT AGREEMENT CP00 -6.30 State Accounting Information: Agency: . R29 Fiscal Year: 7001 Vendor Number: 200114674 00 Total Amount of Contract: $8,550.00 Amount of Contract First FY: Commodity Code: Commodity Code: Commodity Code: Object Code: Object Code: Object Code: Amount: $8,550.00 Amount: Amount Accounting Distribution 1: Accounting Distribution 2: Accounting Distribution 3: Fund: 030 Fund: Fund: Appr: 901 Appr: Appr Org/Sub: P033 Org/Sub: Org/Sub: Activity: Activity: Activity: Project: Project: Project: Rept Catg: Rept Catg: Rept Catg: Amount: $8,550.00 Amount: Amount: Contract Number(s): A13614 Begin Date: 08/10/00 End Date: 12/31/01 Contract Name and Address for filing and payment purposes: City of Columbia Heights C/O Mr. Kevin Hansen 63738 "'NE Columbia Heights, MN 55421 1 • THIS Agreement, and amendments and supplements thereto, is between the State of Minnesota, acting through its Department of Natural Resources, Office of Management and Budget (hereinafter STATE) and City of Columbia Heights , an independent contractor, not an employee of the State of Minnesota, address 637 38' Ave NE Columbia Heights, MN 55421 (hereinafter GRANTEE). WHEREAS, the STATE, pursuant to 1999 Minnesota Laws, Chapter 231, Section 16, Subd: 4(a) has appropriated to the Commissioner of Natural Resources funds for a statewide conservation partnership program, to encourage private' organizations and local governments to cost share improvement of fish, wildlife, and native plant habitats; and research and surveys of fish and wildlife; and WHEREAS, each such Agreement may not exceed $20,000; and WHEREAS, GRANTEE has submitted a project proposal entitled Prestemon Park wetland /upland restoration which is incorporated by reference and made a part of this Agreement; and WHEREAS, GRANTEE represents that it is duly qualified and willing to perform the services set forth in the project proposal. NOW, THEREFORE, it is agreed: I. GRANTEE shall perform the work described in Attachment A which is incorporated by reference and made a part of this agreement. SEE ATTACHMENT "A" II. CONSIDERATION AND TERMS OF PAYMENT. A. Consideration for appropriate services performed and goods and materials supplied by GRANTEE pursuant to this Agreement shall be paid by the STATE as reimbursements for eligible costs. B. Matching Requirements. GRANTEE agrees that it will provide at least $8,550.00 in non -state contributions to this project. C. The total obligation of the STATE to GRANTEE shall not exceed Eight Thousand Five Hundred Fifty Dollars and no /I00 dollars ($ 8,550.00 ). D. Terms of Payment 1. Payments shall be made by the STATE after GRANTEE'S presentation of invoices for services performed and acceptance of such services by the STATE'S authorized representative pursuant to Clause VI. Up to three payment requests may be submitted in a form prescribed by the STATE during the project period. The final invoice for costs incurred by December 31, 2001 must be submitted to the STATE by February 28, 2002. III. CONDITIONS OF PAYMENT. All services provided by GRANTEE pursuant to this Agreement shall be performed to the satisfaction of the STATE, as determined at the sole discretion of its authorized representative, and in accord with all applicable federal, state, and local laws, ordinances, rules and regulations. GRANTEE shall not receive payment for work found by the STATE to be unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule or regulation. 2 IV. TERMS OF Agreement. This Agreement shall be effective on August 10 , 2000 , and shall remain in effect until December 31, 2001 or until all obligations set forth in this Agreement have been satisfactorily fulfilled, whichever occurs first. V. CANCELLATION. This Agreement may be canceled by the STATE or GRANTEE at any time with cause upon thirty (30) days written notice to the other party. In the event of such a cancellation, GRANTEE shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. "With cause" includes, but is not limited to 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 State 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. VI. STATE'S AUTHORIZED REPRESENTATIVE. The STATE'S authorized representative for the purposes of administration of this Agreement is Joe Hiller . Such representative shall have final authority for acceptance of GRANTEE'S services and if such services are accepted as satisfactory, shall so certify on each invoice submitted pursuant to Clause II, paragraph B. The GRANTEE'S authorized representative for purposes of administration of this Agreement is Mr. Kevin Hansen . The GRANTEE'S authorized representative shall have full authority to represent GRANTEE in its fulfillment of the terms, conditions and requirements of this Agreement . VII. ASSIGNMENT. GRANTEE shall neither assign nor transfer any rights or obligations under this Agreement without the prior written consent of the STATE. VIII. AMENDMENTS. Any amendments to this Agreement shall be in writing, and shall be executed by the same parties who executed the original, or their successors in office. IX. LIABILITY. Each party agrees that it shall be responsible for its own acts and omissions and the results thereof to the extent authorized by law and shall not be responsible for the acts and omissions of the other party and the results thereof. The State's liability shall be governed by the provisions of the Minnesota Tort Claims Act and other applicable laws. X. STATE AUDITS. The books, records, documents, and accounting procedures and practices of the GRANTEE relevant to this Agreement shall be kept by GRANTEE for six (6) years and shall be subject to examination by the contracting department and the Legislative Auditor. XI. DATA PRACTICES ACT. The GRANTEE agrees to comply with the Minnesota Data Practices Act as it applies to all data provided by the STATE in accordance with this Agreement and as it applies to all data created, gathered, generated or acquired in accordance with this Agreement. XII. OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY RIGHTS. A. The STATE shall own all rights, title and interest in all of the MATERIALS conceived or created by the GRANTEE, or its employees or subgrantees, either individually or jointly with others and which arise out of the performance of this Agreement, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modules, electronically, magnetically or digitally recorded material, and other work in whatever form ( "the MATERIALS "). The GRANTEE hereby assigns to the STATE all rights, title and interest to the MATERIALS. GRANTEE shall, upon request of the STATE, execute all papers and perform all other acts necessary to assist the STATE to obtain and register copyrights, patents or other forms of protection provided by law for the MATERIALS: The MATERIALS created under this Agreement by the GRANTEE, its employees or subgrantees, individually or jointly with others, shall be considered "works made for hire" as defined by the U.S. Copyright Act. All of the MATERIALS, whether in paper, electronic, or other form, shall be remitted to the STATE. The GRANTEE, its employees and any subgrantees, shall not copy, reproduce, allow or cause to have the MATERIALS copied, reproduced or used for any purpose other than performance of the GRANTEE'S obligations under this Agreement without the prior written consent of the STATE'S authorized representative. B. GRANTEE represents and warrants that MATERIALS produced or used under this Agreement do not and will 3 not infringe upon any intellectual property rights of another, including but not limited to patents, copyrights, trade secrets, trade names, and service marks and names. GRANTEE will indemnify and defend the STATE at GRANTEE'S expense from any action or claim brought against the STATE to the extent that it is based on a claim that all or part of the MATERIALS infringe upon the intellectual property rights of another. GRANTEE shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to, reasonable attorney fees arising out of this Agreement, amendments and supplements thereto, which are attributable to such claims or actions. If such a claim or action arises, or in GRANTEE'S or the STATE'S opinion is likely to arise, GRANTEE shall at the STATE'S discretion either procure for the STATE the right or license to continue using the MATERIALS at issue, or replace or modify the alleged infringing MATERIALS. This remedy shall be in addition to and shall not be exclusive to other remedies provided by law. XIII. PUBLICITY. Any publicity given to the program, publications, or services provided resulting from this Agreement including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the GRANTEE or its employees individually or jointly with others, or any subgrantees shall identify the STATE as the sponsoring agency and shall not be released, unless such release is a specific part of an approved workplan included in this Agreement, prior to its approval by the STATE'S authorized representative. XIV. AFFIRMATIVE ACTION. (When applicable) GRANTEE certifies that it has received a certificate of compliance from the commissioner of Human Rights pursuant to Minnesota Statutes Section 363.073. XV. AMERICANS WITH DISABILITY ACT COMPLIANCE. In fulfilling the duties and responsibilities of the Agreement the GRANTEE shall comply with P. L.101 -336, Americans with Disabilities Act of 1990, 42 U.S.C. Section 1210 et seq. and regulations promulgated to it. XVI. WORKERS' COMPENSATION. (When applicable) In accordance with the provisions of Minnesota Statutes, Section 176.182, the STATE affirms that GRANTEE has provided acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes Section 176.181, Subdivision 2. XVII. ANTITRUST. GRANTEE hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and /or services provided in connection with this Agreement resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. XVIII. PURCHASE OF RECYCLED AND RECYCLABLE MATERIALS. The GRANTEE agrees to be in compliance with Minnesota Statutes Sections 16B.121- 16B.123, requiring the purchase of recycled, repairable, and durable materials, the purchase of uncoated paper stock, and the use of soy -based ink, the same as if it were a state agency. XIX. JURISDICTION AND VENUE. This Agreement and amendments and supplements thereto, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this Agreement, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. XX. NOTICE FOR CONTRACTS AND SUBCONTRACTS. The GRANTEE shall include in any contract or subcontract, in addition to the provisions to define a sound and complete Agreement, such provisions as to ensure contractor and subcontractor compliance with applicable state and federal laws. XXI. ACKNOWLEDGMENT OF STATE FUNDS. Recipients shall acknowledge the State's financial support for this Project. Any statement, press release or other document issued describing the Project shall state that funding was provided from the Minnesota Environment and Natural Resources Trust Fund. Any site improved by this project that will receive significant public visitation shall display a permanent sign acknowledging funding assistance from the Minnesota Environment and Natural Resources Trust Fund. 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. 1. GRANTEE: CITY S COLUMBIA HEIGHTS 2. MINNESOTA DEPARTMENT OF NATURAL RESOURCES / ����J�,''�•� �_ta �� By (authorized signature) JIM Title Administrator - Management and Budget Date \ p a to Date B Title Date • GRANTEE certifies that the appropriate person(s) have executed the Agreement on behalf of the GRANTEE as required by applicable articles, bylaws, resolutions, or ordinances. Form reviewed by the Attorney General's Office: 6/30/98 Distribution: Agency - Original (fully executed) Agreement Grantee State Authorized Representative 5 F • Attachment A Project Budget Recipient: City of Columbia Heights Grant: CP00 -6.30 Prestemon Park wetland /upland restoration Grant Amount: $8,550 Project Description: Restore 2 acres wetland by planting native species. Project Components Estimated Total Cost Site preparation $1,000 Wetland, fringe, and upland planting; shrub planting $5,180 Tree planting $4,400 Install interpretive sign $5,000 Maintenance • $1,520 Total Cost $17,100 • August 11, 2000