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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. 1 of 6 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. 2 of 6 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. 3 of 6 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. 4 of 6 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 (The rest of this page is intentionally blank.) 5 of 6 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.) 6 of 6