HomeMy WebLinkAboutContract No. 2013 2515 STATE OF M[NNESOTA
GRANT CONTRACT
This grant contract is between the State of Minnesota,acting through its Department of Labor and Industry,
Occupational Safety and Health Consultation Unit("State")and City of Columbia Heights ("Grantee").
Recitals
1. Under Minn, Stat, § 79,253 the State is empowered to enter into this grant.
2, The State deems the performance of the safety grant project hereunder to be important to the safety of workers,
3. The Grantee represents that it is duly qualified and agrees to implement the project described in this grant
contract to the satisfaction of the State.
Grant Contract
1 Terns of Grant Contract
1.1 Contract Effective date; This Grant Contract shall be effective upon the date that the final required signature is
obtained by the State,pursuant to Minn. Stat. § 16C.05,Subd, 2. The Grantee understands that no work
relying on this Grant Contract should begin until all required signatures have been obtained and Grantee is
notified by the State's Authorized Representative.
1.2 Contract Expiration date; One Year after the effective date,or until all obligations have been satisfactorily
fulfilled, whichever occurs first.
1.3,Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract:
8.Liability; 9, State Audits; 10, Government Data Practices; 12. Publicity and Endorsement; 13, Governing
Law,Jurisdiction, and Venue; and 15,Data Disclosure.
2 Grantee's Duties
1.1 The Grantee,who is not a state employee,will: perform and complete the fire alarm upgrade and hydrant
buddy purchase and implementation project activities according to the project description incorporated herein
(16) and submitted in the grant application.
1.211�-oject Completion Date: 120 days after the effective date of the contract,or until all obligations have been
satisfactorily fulfilled,whichever occurs first. The project completion date can only be extended by request
and must be received prior to the original proj cot completion date, Said requests for extension will only be
considered when circumstances exist that wore not created by the grantee but are preventing the grantee from
meeting the project completion date, Said extension(s),however,cannot extend the project completion date
beyond the contract expiration date.
3 Time
The Grantee must comply Frith all the time requirements described in this grunt contract, In the performance of this
grant contract,time is of the essence.
4 Consideration and Payment
4,1 .Consideration. The State will reimburse project costs under this grant contract as follows:
Reimbursement. The Grantee will be paid up to$8842.50 per 4.2. Grantee certifies that the dollar for dollar
matching requirement for the grant will be met by Grantee, Any cost overruns incurred in the development and
implementation of the project shall be the sole responsibility of the recipient.
4.2,Payment
-Invoices, Subject to item 5,"Conditions of Payment", the State will promptly pay the Grantee, after the
Grantee presents proof of payment/receipts and the certification of completion form, and the requirements of
the project have been met,for the project costs expended and the State's Authorized Representative accepts the
expenditures. Proof must be submitted timely and be based on the detailed records maintained of all
expenditures related to the project and according to the following schedule:
Proof of payment/receipt(s)upon project completion and certification.
5 Conditions of Payment
The project described by the Grantee under this grant contract must be implemented as submitted to the State's
satisfaction,as determined at the sole discretion of the State's Authorized Representative and in accordance with all
applicable federal,state,and local laws,ordinances,rules,and regulations. The Grantee will not receive payinent
for project grant until State has received a Certification of Completion Form and verified compliance with all
requirements for the project. The Grantee will not receive payment for work found by the State to be unsatisfactory
or performed in violation of federal,state,or local law.
6 Authorized Representative
The State's Authorized Representative is Roslyn Robertson,WSC Director,or his/her successor,and has the
responsibility to monitor the Grantee's performance and the authority to accept the project implementation
provided under this grant contract. If the project performance is satisfactory,the State's Authorized Representative
will certify acceptance on the Certificate of Completion Form submitted by Grantee.
The Grantee's Authorized Representative is Jessie Davies.If the Grantee's Authorized Representative changes at
any time during this grant contract,the Grantee must immediately notify the State.
7 Assignment,Amendments,Waiver,and Grant Contract Complete
7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract
without the prior consent of the State and a fiflly executed Assignment Agreement,executed and approved by
the same parties who executed and approved this grant contract,or their successors in office.
7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original grant contract,or
their successors in office.
7.3 Waiver. If the State fails to enforce any provision of this grant contract,that failure does not waive the
provision or its right to enforce it.
7A Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and
the Grantee. No other understanding regarding this grant contract,whether written or oral,may be used to bind
either party.
8 Liability
The Grantee must indemnify, save,and hold the State,its agents,and employees harmless from any claims or
causes of action,including attorney's fees incurred by the State,arising from the performance of this grant contract
by the Grantee or the Grantee's agents or employees, This clause will not be construed to bar any legal remedies
the Grantee may have for the State's failure to fulfill its obligations under this grant contract.
9 State Audits
Under Minn. Stat. § 16C.05,subd. 5,the Grantee's books,records,documents,and accounting procedures and
practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or
Legislative Auditor,as appropriate,for a minimum of six years from the end of this grant contract. Grantee agrees
to an on-site safety and health consultation by State after the project is complete.
10 Government Data Practices
Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices
Act,Minn, Stat. Ch. 13,as it applies to all data provided by the State wider this grant contract,and with both it and
with Minnesota Rules part 5203.0050,subp 1,as they apply to all data created,collected,received, stored,used,
maintained,or disseminated by the Grantee under this grant contract,The civil remedies of Minn.Stat, § 13.08
apply to the release of the data referred to in this clause by either the Grantee or the State.
If the Grantee receives a request to release the data referred to in this Clause,the Grantee must immediately notify
the State. The State will give the Grantee instructions concerning the release of the data to the requesting party
before the data is released.
11 Workers'Compensation
The Grantee certifies that it is in compliance with 141inn.Stat. § 176.181,subd.2,pertaining to workers'compensation
insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may
arise under the Minnesota Workers'Compensation Act on behalf of these employees and any claims made by arty third party
as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility.
12 Publicity and Endorsement
12,1 Publicity, Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring
agency and must not be released without prior written approval from the State's Authorized Representative. For
puuposes of this provision,publicity includes notices,informational pamphlets,press releases,research,reports,signs,
and similar public notices prepared by or for the Grantee individually or jointly with others,or any subcontractors,with
respect to the program,publications,or services provided resulting from this grant contract,
12.2 Endorsement. The Grantee must not claim that the State endorses its products or services,
13 Governing Law,Jurisdiction,and Venue
Minnesota law,without regard to its choice-of-law provisions,governs this grant contract. Venue for all Iegal proceedings
out of this grant coitract,or its breach,must be in the appropriate state or federal court with competent jurisdiction in
Ramsey County,Minnesota,
14 Termination
14.1 Termination by the State, The State may cancel this grant contract 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 items which accomplish safety goals,albeit short of project completion.
14,2 The State may cancel this Grant Contract immediately if the State finds that there has been a failure to comply with
the provisions of thus Grant Contract,that reasonable progress has not been made or that the purposes for which the
fiends 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.
15 Data Disclosure
UnderNfimt, Stat. §270C.65.subd.3,and other applicable law,the Grantee consents to disclosure of its social security
number,federal employer tax identification number,and/or Minnesota tax identification number,already provided to the
State,to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification
numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to
file state tax returns and pay delinquent state tax liabilities,if any.
16 Other Provisions
Incorporation by reference-The safety grant proj ect description in the proposal submitted to State on April 15,201.3
is attached and hereby incorporated by reference.
1, State Encumbrance Verification 3. St to Agency
Individual certifies that funds have been encumbered as
req Mirnr. at§§Y nd76 By;
(Witl dele a t t ity
Signe ' Title: Deputy Commissioner
Date; �j�9��3 Date:
Grant contract No.-1 j P.Q No. -
2, Grantee
The Grantee certifies that the appropriate porson(s)have executed the grant contract on behalf of the Grantee as
required by applicab e articles,bylaws resolutions,or ordinances.
By: Distribution:
Agency
Title: Grantee
State's Authorized Representative-Photo Copy
Date; _5
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