HomeMy WebLinkAboutCC RES 98-045 RESOLUTION RELATING TO FUNDING FOR FLOOD DAMAGE REDUCTION Meeting Sheet
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103167
Box: 26
Folder: RES 1998
Document: CC RES 98-045 RESOLUTION RELATING TO FUNDING FOR
FLOOD DAMAGE REDUCTION
• CITY OF ST. ANTHONY
RESOLUTION 98-045
A RESOLUTION RELATING TO FUNDING
FOR FLOOD DAMAGE REDUCTION
BE IT RESOLVED, that the City Manager of the City of St. Anthony, hereinafter referred to
as "Authorized Official" act as legal sponsor for the project contained in the Flood
Damage Reduction Grant Assistance Program Application submitted on April 13, 1998
and that Authorized Official is hereby authorized to apply to the Minnesota Department
of Natural Resources, hereinafter referred to as "State", for funding of this project on
behalf of the Applicant.
BE IT FURTHER RESOLVED that the Applicant has the legal authority to apply for financial
assistance, and the institutional, managerial and financial capability to ensure adequate
acquisition, maintenance and protection of the proposed project.
BE IT FURTHER RESOLVED that the Applicant has not incurred any construction costs or
has not entered into any written agreements to purchase property by this project.
• BE IT FURTHER RESOLVED that the Applicant has not violated any Federal, State, or local
laws pertaining to fraud, bribery, grant, kickbacks, collusion, conflict of interest or
other unlawful or corrupt practice.
BE IT FURTHER RESOLVED that upon approval of the application by the State, the
Authorized Official may enter into an Agreement with the State for the above-referenced
project, and that the Applicant certifies that it will comply with all applicable laws and
regulations as stated in the contract agreement.
NOW, THEREFORE, BE IT RESOLVED that the St. Anthony City Manager is hereby
authorized to execute such Agreements as are necessary to implement the project on behalf of
the Applicant.
I certify that the above resolution was adopted by the St. Anthony City Counci on the l a4
day of W a J , 1998.
Mayor
ATTEST:
City Clerk
• Reviewed for administration:
qCianager
MINiyFS0
Minnesota Department of Natural Resources
• M LU
O N
r oJ� 500 Lafayette Road
St. Paul,Minnesota 55155-40_
�OFNATUaP�Q
June 22, 1998
Michael Momson, City Manager
St. Anthony Village
3301 Silver Lake Road
St. Anthony MN 55418-1699
Dear Mr. Mornson:
FLOOD HAZARD MITIGATION GRANT AGREEMENT
Enclosed is an executed copy of your Flood Hazard Mitigation Grant Agreement. Please note the
expiration date of this Agreement is December 31, 2000.
All billings should be submitted for approval to:
David Johnson, FDR Hydrologist
• DNR Waters
500 Lafayette Road
St. Paul, MN 55155-4032
If you have any questions,please feel free to contact David Johnson at(612) 215-1954.
Sincerely,
DIVISION OF WATERS
Pam Albrecht
Division Accountant
PA:lh
Enclosure
cc: Dale Homuth, Regional Hydrologist
Ceil Strauss,Area Hydrologist
•
DNR Information:612-296-6157, 1-800-766-6000 - TTY:612-296-5484, 1-800-657-3929
An Equal Opportunity Employer A Printed on Recycled Paper Containing a
Who Values Diversity Za Minimum of 10°k Post-Consumer Waste
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FLOOD HAZARD MITIGATION GRANT AGREEMENT
BETWEEN THE STATE OF MINNESOTA
• AND THE CITY OF ST. ANTHONY
THIS Grant is made between the State of Minnesota,acting by and through its Commissioner of Natural Resources(hereinafter the"State")
and the City of St.Anthony(hereinafter the"Grantee").
WHEREAS,the State is authorized by Minnesota Statutes Section 103F.161 to provide flood hazard mitigation grants to local units of
government to conduct flood plain damage reduction studies and/or plan and implement flood mitigation measures;and
WHEREAS,the Grantee has submitted an application to the State for a flood hazard mitigation grant;and
WHEREAS,the State has determined that the Grantee should receive flood hazard mitigation assistance;and
WHEREAS,the Grantee represents that it is duly qualified and willing to perform the services set forth herein.
NOW THEREFORE, it is agreed between the State and the Grantee as follows:
1.0 AMOUNT OF GRANT
1.1 STATE SHARE
The State shall award the Grantee fifty percent (50%) of the total costs of the approved Project as identified in Section 2.1
(hereinafter"Project"),or$2,000,000, whichever is less, for the costs authorized herein. The total obligation of the State for all
compensation and reimbursements to Grantee under this Grant shall not exceed$2,000,000.
1.2 GRANTEE SHARE
• The Grantee is required to match the State share of the costs of the Project. In-kind services by the Grantee can constitute all or part
of the Grantee's required share of costs provided that proper documentation of the in-kind services is provided to,and approved by,
the State.
2.0 AUTHORIZED PROJECT
2.1 PROJECT PLAN
The proceeds of this Grant are to be used solely for the Project,which is described in Exhibit A,attached hereto. A detailed
description of the nature and scope of the Project is described in the"Engineering Analysis of Selected Flood Problem Areas
within the City of St.Anthony"dated December 31, 1997,and as subsequently amended or revised,which is incorporated
herein by reference. The Grantee agrees to take"before and after"photographs of the Project and provide them to the State.
2.2 ADMINISTRATION AND SUPERVISION
The Grantee shall be responsible for the administration,supervision,management and Project oversight that may be required for
the work performed under this Grant.
3.0 ACKNOWLEDGMENTS
The Grantee agrees to acknowledge the State's financial support for the Project. Any statement,press release,bid,solicitation,
or other document issued describing the Project shall provide information reflecting that State funds were used to support the
Project and will contain the following language:
This Project is made possible in part by a grant provided by the Minnesota Department of Natural
Resources,through an appropriation by the Minnesota State Legislature.
Any site developed or improved by the Project shall display a sign,in a form approved by the State,stating the same
information.
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4.0 CONTACT PERSONS
• The State's authorized agent for the purpose of administration of this Grant is:
David Johnson,FDR Hydrologist
Minnesota DNR Waters
500 Lafayette Road,Box 32
St.Paul,MN 551554032
(612)215-1954
The Grantee's authorized agent for the purpose of administration of this Grant is:
Michael Morrison,City Manager
St.Anthony Village
3301 Silver Lake Road
St.Anthony,MN 55418-1699
(612)789-8881
5.0 COSTS
5.1 ELIGIBLE COSTS
Eligible costs are those costs directly incurred by the Grantee that are solely related to and necessary for
producing the work products described in the Project Plan. Eligible costs may include the following:
5.1.1 Advertising costs for bids and proposals;
5.1.2 Capital expenditures for facilities,equipment and other capital
assets as expressly approved in the Project Plan;
5.1.3 Materials&supplies;
is
5.1.4 Architectural and engineering services;
5.1.5 Construction management and inspection services;
5.1.6 Surveys and soil borings;
5.1.7 Actual construction of the Project;or
5.1.8 Travel,lodging and meal expenses of persons involved in the Project in the same
manner and in no greater amount than provided for in the current"Commissioner's Plan"
promulgated by the Commissioner of Employee Relations.
Certain other types of costs may be eligible provided that they are(1)directly incurred by the Grantee;(2)are solely related
to,and necessary for,producing the work products described in the Project Plan;and(3)have prior written approval of the
State. Any cost not defined as an eligible cost or not included in the Project Plan shall not be paid from State funds
committed to the Project.
5.2 NONELIGIBLE COSTS
Noneligible costs for reimbursement means all costs not defined as eligible costs, including but not limited to the
following:
5.2.1 Any costs incurred before the effective date of this Grant;
5.2.2 Fund raising;
5.2.3 Taxes,except sales tax on goods and services;
5.2.4 Insurance,except title insurance;
5.2.5 Attorney fees;except for acquisition and clearing title to land;
5.2.6 Loans,grants,or subsidies to persons or entities for development;
5.2.7 Bad debts or contingency funds;
5.2.8 Interest;
5.2.9 Lobbyists;and
• 5.2.10 Political contributions.
c•myfiles.stanthny.con.wpd.May 12,1998 2
6.0 PAYMENT OF GRANT MONIES
• 6.1 REIMBURSEMENT
To obtain reimbursement for eligible costs under this Grant,the Grantee shall provide the State with invoices and evidence
that the portion of the Project for which payment is requested has been satisfactorily completed. All invoices shall be sent to
the person designated in Section 4.0 hereinabove. Grantee shall submit invoices and evidence that any and all advance
payments have been spent prior to requesting additional payments by the State. Invoices will be submitted for double the
amount and should differentiate,when applicable,between the Federal and Non-Federal Project costs,as well as the State
and local share of the Project costs. No facsimiles will be accepted. Invoices must be received by the State within sixty(60)
days after the completion of the Project or the expiration of this Grant as set forth in Section 11.1 hereinbelow,whichever
occurs first. Invoices received after that date will not be eligible for reimbursement. The State's authorized agent has final
authority for acceptance of Grantee's services,determination as to whether the expenditures are eligible for reimbursement
under this Grant,and verification of the total amount requested. The 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. No more than
ninety(90)percent of the State's share of the cost shall be paid by the State until the State has determined that the Grantee
has satisfactorily fulfilled all of the terms of this Grant. The Grantee shall arrange for a tour of the Project areas prior to
release of the final ten(10)percent of the funds.
6.2 REIMBURSEMENT
Under this Grant the State agrees to advance fifty(50%)percent($1,000,000.00)of the Grant to the Grantee upon this Grant
becoming effective pursuant to the terms contained in section 11.0 hereinbelow. The Grantee shall subsequently provide
invoices and evidence justifying its expenditure of that amount. Any portion of that amount which is either not spent or
constitutes a noneligible cost shall be returned to the State. The Grantee shall place the advancement in a non-interest
bearing account.
7.0 ACCOUNTING AND AUDIT
The Grantee shall maintain books,records,documents,and other evidence pertaining to the costs and expenses of
implementing this Grant to the extent and in such detail that will accurately reflect the total cost of the Project.The Grantee
shall use generally accepted accounting principles. All records shall be retained for five(5)years after completion of the
Project.The State, its representative,or the legislative auditor shall have the right to examine books,records,documents,and
other evidence and accounting procedures and practices relevant to the Grant.
8.0 AMERICANS WITH DISABILITY ACT AND HUMAN RIGHTS
The Grantee,in the conduct of the Project,shall comply with the Americans with Disabilities Act of 1990(P.L. 100-336),
Minnesota Statutes Chapter 363(the Minnesota Human Rights Act),and Minnesota Statutes,Sections
181.59-60 and all applicable rules and subsequent amendments.
9.0 WORKERS COMPENSATION
The Grantee in the conduct of the Project shall comply with the provisions for workers compensation in Minnesota Statutes,
Section 176.181 Subdivision 1 and Section 176.182.
10.0 LIABILITY
The Grantee agrees to indemnify and save and hold harmless the State,its agents and employees from any and all claims or
causes of action arising from performance of this Grant by the Grantee,its agents,contractors or employees. This clause
shall not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under
this Grant.
11.0 TERM
11.1 EFFECTIVE DATE
• This Grant shall become legally effective upon such date as it is executed by the Office of the Attorney General or his
delegate and shall remain in effect until December 31,2000,or until all obligations set forth in this Grant have been
c:myfiles.stantMy.con.wpd.May 12,1998 3
satisfactorily fulfilled,whichever occurs first.
11.2 TERMINATION
This Grant may be terminated by the State or the Grantee at any time with or without cause upon thirty(30)days written
notice to the other party. In the event of such a cancellation,the Grantee shall be entitled to payment determined on a pro rata
basis for work or services satisfactorily performed.
11.3 AMENDMENTS
This Grant may be amended in writing by the mutual consent of the State and the Grantee.
12.0 ASSIGNMENT
The Grantee shall neither assign nor transfer any rights or obligations under this agreement without the prior written consent
of the State.
13.0 ANTI-TRUST PROVISION
The Grantee hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided
in connection with the Grant resulting from antitrust violations which arise under the antitrust laws of the United States and
the antitrust laws of the State of Minnesota.
14.0 CHOICE OF LAW
All matters relating to the performance of this Grant shall be controlled by and determined in accordance with the
laws of the State of Minnesota.
• IN WITNESS WHEREOF,the parties have caused this Grant Agreement to be duly executed intending to be bound thereby.
1. GRANTEE: 2. STATE OF MINNESOTA ACTING BV
THROUGH ITS COMM SI NER
B . F
TU
RESOURC
Title: q /f�r By:
IST
COMMISSIONER
Date: S-l q Title:_�®�DMINI. qp
Date: 5 [ 8
B
Title: I �� O ��Q� 3. APPROVED AS TO FORM AND
Date:
S+ la_�� EXECUTION
HUBERT U REV II
A certified copy of the Grantee's ATTO GE
Resolution unconditionally approving this
Grant Agreement is attached as Exhibit B. By
Assistant Attorney Gen
Date:
c:myfiles.stanfty.con.wpd.May 12,1998 4
Exhibit A
aThe Grantee is responsible for flood proofing of residences,acquisition of flood prone structures and the creation of storm water retention areas
nveyance systems in accordance with the"Engineering Analysis of Selected Flood Problem Areas within the City of St.Anthony"dated December
31, 1997. This analysis includes all of the work plans,maps and costs associated with construction improvements within the City. Two(2)copies of
completed plans and specifications must be submitted to the state.
c.myfiles.stanthny.con.wpd May 12,1998 5