HomeMy WebLinkAboutContract 2012 2424 STATE OF MINNESOTA
DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT
BUSINESS AND COMMUNITY DEVELOPMENT DIVISION
Contamination Investigation and RAP Development Program Grant Agreement
CCGP -11- 0023- Z -FY12
3930 University Ave. Project
This Agreement is effective on the date of last signature and is 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 make grants pursuant to Minn. Stat.
§ 116J.554. The Grantee has made application to the Grantor for a Contamination Investigation and
Response Action Plan Development Grant for the 3930 University Ave. 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 parties agree as follows:
The Grantor shall grant to the Grantee the total sum of TWENTY -THREE THOUSAND, SEVEN
HUNDRED TWENTY -FOUR DOLLARS ($23,724). This grant is made pursuant to Minn.
Stat. § 116J.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. § 116J.554, subd. 1(b), for purposes specified therein and incorporated into this 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 this Agreement. Any material change in the scope of the Project, the budget or the
completion date must be approved in 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 may
result in a like reduction to the Grantee.
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 principles.
Term
The Grantee shall perform and accomplish such purposes and activities specified herein during the period
of December 16, 2011 to December 31, 2013. 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.
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Eligible Costs
Eligible costs include the costs identified in the Special Conditions section of this agreement that incurred
during the contract period. Costs incurred for the development of a RAP incurred prior to grant award
may be considered eligible at the discretion of the Grantor.
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 forms 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 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 is income generated from grant - funded activities, including interest earned on grant
funds. All program income on hand at the end of the grant 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 tennination, 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 refusal to disburse additional funds and requiring the return of all or part of the funds already
disbursed.
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If the Project is not started on or before December 31, 2012, or such a later date, requested by the Grantee
and approved by the Grantor, in writing, then the Grantor's obligation to fund the Program Grant shall
terminate.
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 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 furnish the Grantor with an independent audit covering each grant year in
which grant disbursements or expenditures were made; and prepared in compliance 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 than
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.
Accounts and records, including, but not limited to all financial and environmental documents 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 the 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 of the term of this
Grant Contract.
Liability
Subject to the provisions and limitations of Minnesota Statutes Chapter 466, Grantee agrees 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. Nothing herein constitutes a waiver by the Grantee of any statutory or
common law defenses, immunities or limits on liability.
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Amendments
Any amendment to this grant contract, with the exception of Gran Adjustment Notices , must be
in writing and will not be effective until it has been executed and approved by those parties authorized by
resolution to enter into this contract, their successors and assigns, or other party authorized by the Grantee
through a formal resolution of its governing body. GANs must be approved by the Grantor in writing,
and require a written change request by the Grantee.
A GAN may be used for the purposes of transferring budget amounts between line items which do not
change the contract value, or other grant status activity. All other changes require a formal amendment as
stated above.
Debarrnent and Suspension Certification
(If applicable) The Grantee agrees to follow the President's Executive Order 12549 and the implementing
regulation ''Nooprococcnoco1 Debarment and Suspension; Notice and Final Rule and Interirn Finat Rule,"
found at 53 FR 19189, May 26, }988,aa amended od6UFFl3304l, June 26" 1995, including Appendix B,
"Certification Regarding I)cburnncnt" Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transactions"; un!ess excluded by law or regulation.
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 of the United States and the antitrust laws of the State of Minnesota.
Required Resolution and Ccdifioa1ion
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 cornply with the Data Practices Act codified at Minn. Stat. § 13, the Conflict oflnterest
provisions of Minn. Stat. 80 471.87 - 471.88 and the Business Subsidy Act codified at Minn.
Stat. §§ 116].993-116}.995.
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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 the 3930 University Pr 'mok:
Approved Project Costs Amount
Phase 1 ESA $ 2,891
Phase 11 ESA 22,236
Response Action P!an 6,505
TOTAL $31,032
DEED Grant: $23,724
Local Match: $7,908
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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 STATE OF MINNESOTA:
Department of Employment and
. Econom evel pment
f
B / a f ' By
Title Wt.. a n
Date / rG Title: f a
�2 �r- Date
By ENCUMBERED:
�`" Department of Employment and Economic
Title e -. Development
Date
BY -4 6. 1 Alf
Grantee: City of Columbia Heights ! '
Grant Agreement #: CCGP- 11- 0023- Z -FY12 SC 40326 PO #3 - 31484 01/09/12
Date Encumbered
(Individual signing certified that funds have
been encumbered as required by Minn. Stat.
§ 16A.)
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