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HomeMy WebLinkAbout1997-171 CCRMember Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION NO. 97-171 RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT #SPAP-97-0004-P-FY98 WHEREAS, attached hereto and incorporated here and by reference as Exhibit A is a proposed draft grant agreement between the State of Minnesota Department of Trade and Economic Development Community Development Division and the City of Brooklyn Center to received grant monies authorized by Minnesota Laws 1997, Chapter 200, Article 1, Section 2, Subdivision 2; and WHEREAS, these grant monies were obtained for the purpose of constructing a regional storm water treatment pond system; and WHEREAS, this storm water retention pond system would facilitate the redevelopment and economic development in and around the Brookdale regional shopping center; and ! appropriate. WHEREAS, the terms and conditions set forth in the grant agreement are NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager be and hereby is authorized to execute Grant Agreement #SPAP-97-0004-P-FY98 on behalf of the City of Brooklyn Center. September 22, 1997 Date ATTEST:1YU~ , City Clerk Mayo The motion for the adoption of the foregoing resolution was duly seconded by member Robert Peppe and upon vote being taken thereon, the following voted in favor thereof: Myrna Krapness, Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ri IT Resolution No. 97-171 STATE OF MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT COMMUNITY DEVELOPMENT DIVISION Grant Agreement #SPAP-97-0004-P-FY98 This Agreement is made on August 25, 1997, between the State of Minnesota, acting through the Department of Trade and Economic Development (hereinafter the Grantor), and the City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 (hereinafter the Grantee). _ The Department of Trade and Economic Development will transfer $500,000 to the City of Brooklyn Center pursuant to Minnesota Laws, 1997, Chapter 200, Article 1, Section 2, Subdivision 2. The Grantor. has been appropriated funds by the Legislature of the State of Minnesota for the purpose of providing said fluids for a one-time grant to the city of Brooklyn Center to redevelop the Brookdale regional center and provide opportunities for economic development at or near the center. The grant must be used to assist the city din constructing a series of storm water retention ponds that will facilitate the redevelopment and economic development of the center and nearby property. The grant must be on terms and conditions determined by the commissioner as outlined in the Payment/Disbursement Schedule section of this contract. The grant must be matched by city resources that equal at least 25 percent of the grant. The grantee is allowed a total of $2,000,000, and pursuant to Minnesota Laws, 1997, Chapter 200, Article 1, Section 2, Subdivision 2, the additional funds ($1,500,000) to total the $2,000,000 appropriation will be transferred to the grantee upon review and approval of original invoices paid' by the City of Brooklyn Center for the redevelopment of the Brookdale regional center, for economic development at or near the center and to assist the city in constructing a series of storm water retention ponds that will facilitate the redevelopment and economic development of the center and nearby property . In consideration of mutual promises set forth below, the parties agree as follow: The Grantor shall grant to the Grantee the sum of FIVE HUNDRED THOUSAND DOLLARS, ($500,000) which shall be state fiords appropriated by the Legislature of tte State of Minnesota as specified in Minnesota Laws, 1997, Chapter 200, Article 1, Section 2, Subdivision 2. Grantee agrees to complete the project in accordance with the approved budget and within the time frames specified in the application and agreement. Any material change in the scope of the project, the budget or the completion date must be approved in writing by the Grantor. Funds made available pursuant to this agreement shall be used only for expenses incurred in performing and accomplishing such purposes and activities during the grant period described above. 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. Where provisions of the Grantee's application are inconsistent with other provisions of this agreement, the other provisions of this agreement shall take precedence over the provisions of the application. 1 Resolution No. 97-171 EXHIBIT A Required RecniLtion and Certifica 'nn The Grantee shall attach hereto, prior to submission, a resolution by the appropriate governing body which legally authorizes the execution of this Agreement on behalf of the Grantee..., AccountingRriirements For all expenditures made pursuant to dais Agreement, the Grantee shall keep financial records including properly executed contracts, invoices, payrolls, time records, equipment logs, receipts, vouchers, canceled checks, and other documents sufficient to evidence in proper detail the nature and propriety of the expenditures. Accounting methods shall be in accordance with accepted accounting principles. Copies of the original invoices that the city paid. Grantee shall submit to the Grantor a report on the distribution of funds and the progress of the project covered from the date of grant award through June 30 of each year. The reports must be received by DTED no later than July 15 of each.. year. The report shall identify specific project goa"sted in the project proposal and quantitatively and qualitatively measure the progress of such goals. The report shall include data collected by the project for use by the Department of Trade and Economic Development. The grantee shall also provide a detailed report on the status of the program implementation and analyze whether intended objectives are being achieved. The Grantee shall include in any contract and subgrant, in addition to provisions that define a sound and complete agreement, such provisions that assure contractor and subgrantee compliance with applicable state and federal laws. Program Interest Income Program interest income generated from grant fimded activities on hand at the end of the grant period must be returned to the state unless a reuse of the income has been approved by the Grantor. Grantor shall disburse fiutds to the Grantee pursuant to this agreement, based upon documentation of city expended funds eligible for reimbursement. The payment request will be submitted by the Grantee and reviewed and approved by the Grantor. Grant payments are scheduled for four disbursement periods; January, 1998; February, 1998; March, 1998; and the last payment scheduled for May, 1998. The last payment will be paid to the city of Brooklyn Center upon evidence of the city's 25% investment ($500,000) of matching funds into the project. Payment requests shall be reviewed and processed by the Department of Trade and Economic Development on a weekly basis. T= The Grantee shall perform and accomplish such purposes and activities as are specified herein during the term of July 1, 1997 to June 30, 1999. The Grantor will consider a request for extension of this term if the program is not complete as of June 30, 1999. Resolution No. 97-171 EXHIBIT A Te inarion _la i If the Grantor finds that there has been 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, not withstanding any other provisions of this agreement to the contrary ; the Grantor may take action to protect the interest of k the Statepf MM&sota, including the rftsal to disburse additional funds and requiring the return of all or part of funds already disbursed to the Grantee. . nntial ALLt j;~ ~ Lion The Grantee shall furnish the Grantor with an acceptable independent audit prepared in compliance with generally recognized audit standards. The audit must be submitted to the Grantor within 30 days after the completion o€the audit; but no later than one year after the end of the audit period. Succeecnrs al3d Assignees This agreement shall be binding upon any successors or assignees of the parties. Authorized A =W The State's authorized agent and contact person responsible for administration of this agreement is Cheryl Klein (of successor) of the Department of Trade and Economic Development. Other PmvLCions The Grantee shall comply with the Minnesota Government Data Practices Act, Chapter 13 and the Conflict of Interest provisions of Minnesota Statutes Sections 471.87-471.88. Accounts and records related to the funds provided under this Agreement shall be accessible to authorized representatives of the Grantor for the purposes of examination and audit. In addition, Grantee will give the State of Minnesota, Department of Trade and Economic Development, Legislative Auditor and State Auditor's Office, through any authorized representatives, access to and the right to examine all records, books, papers, or documents related to the grant for inspection and audit. 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. The Grantee and Subgrantees 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. 3 Resolution No. 97-171 EXHIBIT A A municipality or 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. CONTRACT/SPAP.CON 1 40, 4 Resolution No. Q7-171 Notice to Grantee EXHIBIT A The Grantor and Grantee acknowledge their assent to this agreement and agree to be bound by its terms through their signatures entered below. GRANTEE: I have read and I agree to all of the above provisions of this agreement. By Michael J. McCauley Date City Manager, City of Brooklyn Center S'L'ATE OF MINNESOTA by and through the Department of Trade and Economic Development By Title rOMMISSTONE t Date 1 APPROVED AS TO FORM AND EXECUTION: Attorney General's Office By Date FN 11y~ER_F.D• Department of Trade and Economic Development By Date Encumbered [Individual signing certifies that funds have been encumbered as required by Minnesota Statute 16A.J 5 Resolution No. 97-171 GRANT CONTRACT 1 Accounting Information: A--w- Trade and Economic Development (Fiscal Yr. FY98 row'"ofco.v..a 52,000,000 IAMMMofCONW94ftW M commwky Code OYj" Codc Accounting Distribution 1: rte: 100 App: 136 °ij'Sohr 1408 R..t crc Amo~t STATE OF MINNESOTA Icows"Awcodo' I AAWMC JAccolmting Distribution 2: If" IAW. Iarsok i R'" caw Aswmt Processing Information: (Some entries may not apply) Requisition: Number/Dawatry Initials Solicitation: EXHIBIT A I Vwdw NwMr. lca..arycdar i04"codc fAwowt (Accounting Distribution 3: 14A AW. IftZ., IR-oc w IA"°0C Number/Date/Entry Initials Contract: Number/DatelEntry Initials Number/Date/Signatures [Individual signing certifies that funds have been encumbered as required by Minn. Star J 16AIS.J NOTICE TO GRANTEE You are required by lbtinn. Stat. J Z70.66 to provide your social security number or Federal employer tax identification number and Minnesota tax identification member if you do business with the State of Minnesota. This information may be used in the enforcement of federal and state tax laws. Supplying these numbers could result in action to require you to file state tax returns and pay delinquent state tax liabilities. This g= r fi ict will not be U=ved mess these numbers = =xW. TSese numbers will be available to federal and state tax autbonties and state personnel involved in approving the great contract and the payment of state obligations. Crnwtee Name and Address: Cjw of Brook Center 6301 Shinple Creek Parkway Brooklyn Center- MN 55430-2199 Authorized ~Sig=M icbael L Mc.C&uIeY. City Man Aeer Soc. Sec. or Federal Employer I.D. No. 41-6005011 Minnesota Tax I.D. No. (if applicable) -N=66 THIS PAGE OF THE GRANT CONTRACT CONTAINS PRI MATE INFORMATION. EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED EXTERNALLY WITHOUT EXPRESS WRITTEN PERMISSION OF THE GRANTEE If you circulate this grant contract internally, only offices that require access to the teat identification number AND all individuaLzlofJ?ces signing this grunt contract should have access to this page. 6