10-352Council File # l0 — J �a-
Green Sheet # 3 / v,� ��/„
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RESOLUTION
CITY OF
PAUL, MINNESOTA
Presented by
�
RESOLliTION ACCEPTING STATE OF MINNESOTA GRANT
TO SUPPORT TECHi�'ICAL ASSISTANCE FOR CENTRAL CORRIDOR S!�IALL BtiSI!�ESSES
WHEREAS, the City of Saint Paul was awazded $4,600 tiuough the Mianesota Department of Employment and Economic
Development to mirigate the impacu of transportarion construcrion on small businesses; and
WHEREAS, as part of the Central Corridor Business Resources Collaborative, the University Avenue Business Prepararion
Collaborarive (U-7), has accepted lead responsibiliry for offering technical assistance to small businesses preparing for the
conshuction of the Central Comdor LRT line; and
WHEREAS, the Neighborhood Development Center (NDC) is the fiscal agent for U-7; and
WHEREAS, the Mayor, pursuant to Section 10.07.01 of the City Charter, does certify that, upon acceptance of the grant, there
are funds of $4,600 available for appropriarion in excess of those esrimated in the 2010 budget; and
WHEREAS, the mayor recommends that the following additions be made to the 2010 budget: �
CURRENTBUDGET CHANGE
Financing Plan
P6-101 State Grant Programs Fund
36321 Central Comdor
3490 Othei State Grants
61780 Univ Ave Bus Prep-Cent Corr $0
Total Cl�anges to Financing $0
Spending Plan
P6-101 State Grant Programs Fund
36321 Central Corridor
0547 Payment to Sub Grantees
61780 Univ Ave Bus Prep-Cent Corr $0
Total Changesto Spending $0
$4.600
$4,600
$4 600
$4,600
AMENDED BUDGET
$4 600
$4,600
$4.600
$4,600
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NOW, THEREFORE, BE TT RSOLVED, that the City Council of the City of Saint Paul accepts"the grant from the Minnesota
Department of Employment and Economic Development; and be it
FINALLY RESOLVED, that the City CouncIl approves these changes to the 2010 budget.
Bostrom
Carter
Hazris
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Adopted by Council: Date
1J
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Adoprion Certified by Counc' ecretary By.
BY� //ill�SO/7
Approved a o Date � J �
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Requested by Department o :
T� S � / �-C'i
BY� � r �3-o73-1D
Approved by the �jffice of Financial Services
BY= 1 7/��'�iLr�
Mayor for Submi sion to CouncIl
��,P. �a�,..�3-.�-io
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
)epartrnenUOfficelCouncil: Date Initiated: � / ���
MO � 23MAR2010 ; Green Sheet NO: 3103716
ContaM Person 8 Phone:
NancY Homans
266-8568
Must Be on Council Agenda by (Date):
Doc. Type: RESOLUTION W/$
TR4NSACTION
E-DOCUment Required: N
Document Contact:
ConWeS Phone:
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Assign
Number
For
Routing
Order
Total # of Signature Pages _L (Clip All Locations for Signature)
0
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That the Saint Paul city Council accept the State of Minnesota Grant to support Technical Assistance for Cenhal Corridor Small
Businesses.
Recommendations: Approve (A) or Reject (R):
Planning Commission
qB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this persoNfirm ever worked under a contract for this department�
Yes No
2. Has this person/f rm ever been a city employee?
Yes No
3. Does this person/frm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
Disadvantages If Approved:
�� . _ _ .. �.��
� "��1�
Disadvantages If Not Approved:
TotalAmountof �G�O
Trensaction: y
FundingSource: MJJ /'�,.-,f��'D
�s �-�
Financial Information:
(Expiain)
CosURevenue Budgetetl:
Activity Number:
March 23, 2010 9:06 AM Page 1
STATE OF !VIIPiNESOTA �Q ���
GRANT CONTRACT
CMGP-10-0011-S-F'Y10
RECITALS
This �ant contract, and amendments and supplements thereto, is between the STATE of Minnesota, acting throu� its
Department of Employment and Economic Development (hereinafter STATE) and the Citv of St. Paul (hereinafter
GRA.\'TEE), an independent contractor, not an employee of the STATE, address 390 Citv Hall, 15 West Ke11oeE
Boulevard St. Pau1.1VIN. 55102, witnesseth that:
1. WHEREAS, the STATE, pursuant to Minnesota Statutes, Section 116J.035, Subdivision 1(6), is empowered to enter
into contracts necessary for the performance of the commissioner's duties with federal, STATE, regional, metropolitan,
local and other agencies or units of govemment, and
2. WHEREAS, under 2009 Minn. Laws Chapter 78, Article 8, Section 22, the Minnesota Legislature has chazged the
STATE to develop and implement a consh-uction mitigation grant pmgram and to make grants available to local units
of government to mitigate the impacts of transportation construcrion on small businesses, and
3. WHEREAS, in accordance with STATE Law the STATE will administer a grant contract to assist the GRANTEE in
the attempt to accomplish the goals as set forth in this agreement and the GRANTEEs original proposal which is
incoTporated by reference and made a part o£ this ageement, and
4. WHEREAS, the GRANTEE represents that it is duly qualified and agrees to perform all services described in this
grant contract to the satisfaction of the STATE.
1. Term of Grant Contract
GRANT CONTRACT
1.1. Effective date: July 1, 2009, or the date the STATE obtains all required signahues under Minnesota Statutes
Secrion 16C.05, subdivision 2, whichever is later.
1.2.Expiration date: June 3Q 2011, or until all obligations have been satisfactorily fulfilled, whichever occurs first.
1.3.Survival of Terms. The following clauses suroive the expiration or cancellation of this grant contract: 8. Liability;
9. STATE Audits; 10. Government Data Practices and Intellectual Properry; 12. Publiciry and Endorsement; 13.
Governing Law, Jurisdiction, and Venue; and I S Data Disclosure.
2. GRANTEE's Dufies
GRANTEE shall:
2.1. Provide directional signage, marketing and communication acrivities, and technical assistance as outlined in the
GRANTEEs original proposal which is incorporated by reference and made a part of this ageement.
2.2. Develop and submit a final report due the STATE's Authorized Representative by August 1, 20ll, or at the date
the GRANTEE completes the project, whichever occurs first.
3. Time
The GRANTEE must comply with all the time requirements described in this grant contract. In the performance of this
grant contract, time is of the essence.
4. Consideration and Payment
41. Consideradon. Consideration for all services performed by GRANTEE pursuant to this grant contract shall be paid
by the STATE as follows:
4.1.1 Compensation. Not more than FOUR THOUSAND SIX HUNDRED DOLLARS ($4,6001 as set forth by
the follow;
4.1.2 The consideration stated herein, which shall be disbursed pursuant to Clause 4.2.1, includes payment for
actual expenses incurred by the GRANTEE lnnited to $0 for directional signage, $0 for marketing and
communicarion acrivities, and $4.600 fox technical assistance. Notwithstanding Clause 7.2, such expenses
Construction �Yiitigation Grnn[
DEED/CiTy of St Paul
shall not exceed amounts contained in this agreement.
4.1.3 Total Oblig¢tion. The total obligarion of the STATE for all compensation and reimbursements to
GRANTEE shall not exceed FOUR THOUSAND SIX HiINDRED DOLLARS ($4,600).
4.2.Payment
4.2.I Invoices. Payments shall be made by the STATE promptly after GRt1NTEE's presentation of authorized
invoices for e�enditures actually incurred in the perfom�ance of this grant contract and acceptance of such
invoices by the STATE's Authorized Representarive pursuant to Clause VI. Invoices shall be submitted in a
form prescribed by the STATE. At the discrerion of the GRANTEE mvoices may be submitted at the end of
each calendaz quarter, or, at a minimum, no later than August 1, 2011.
4.2.2. Av¢ilabildty. Payments aze to be made from STATE general funds appropriated by the Minnesota Legislahue
through 2009 Minn. Laws, Chapter '78, Adicle 1. If at any time such funds become unavailable, this grant
contract shall be terminated immediately upon written notice of such fact by the STATE to the GRANTEE.
In the event of such termination, GRANTEE shall be entitled to payment, detem�iued on a pro rata basis, for
services saUSfactorily performed.
5. Conditions of Payment
All services provided by the GRANTEE pursuant to this gant contract shall be performed to the satisfaction of the
STATE, as determined at the sole discrerion of its Authorized Represenhtive, and in accord with all applicable
federal, STATE, and local laws, ordinances, mles and regulations. The GRANTEE shall not receive payment for
work found by the STATE to be unsatisfactory, or performed in violarion of federal, STATE or local law,
ordinance, rule or regulation. The STAT'E may delay payment of any invoice submitted by the GRANTEE until all
required reports are received and accepted by the STATE.
6. Authorized Representative
The STATE's Authorized Representative for the purposes of admiuishation of this grant contract is the STATE
Director of the Office of Entrepreneurship and Small Business Development, or such other individual as may be
designated in writing by the Commissioner of the Deparhnent of Employment and Economic Development. Such
representarive shall have final authority for acceptance of GRANTEE's services and if such services aze accepted as
sarisfactory, shall so certify on each invoice submitted pursuant ta Clause 4.2.1.
The GRANTEE's Authorized Representarive is Ms. Ann Mulitolland. Deoutv Mavor, Citv of St. Paul or their
successor. If the GRAN"1"EE's Authorized Representative changes at any time during this giant conhact, the
GRANTEE must immediately notify the STATE's Authorized Representafive.
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 fully executed Assignment Agreement, executed and approved
by the same parties who executed and approved this grant contract, or their successors in oflice.
7.2. Amendments. Any amendment to this grant contract must be in writing and will not be effecrive 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 gzut contract, that failure does not waive the
provision or its right to enforce it.
7.4. Grant Coniract Complet� This grant contract contains all negoriations and agreements between the STATE
and the GRANTEE. No other understanding regazding this grant conhact, whether written or oral, may be used
to bind either par[y.
8. Liability
The GRANTEE must indemnify, save, and hold the STATE, its agents, and employees hannless from any claims
or causes of action, including attorney's fees incurred $y 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 baz any
co❑shucfion Miti�tion Cmant
DEED/City of SG Paul
10 ����-
Iegal remedies the GRANTEE may have for the STATE's failure to fulfill its obligations under this grant contract.
9. State Audits
linder i�linn. Stat. §16C.05, subd. 5, the GRAK'TEE's books, records, documenu, and accounting procedures and
practices relevant to this gant contract aze subject to exanunation by the STATE and/or the STATE Auditor or
Legislative Auditor, as appropriate, for a minimum of six yeazs from the end of this grant contract.
10. Government Data Practices and Intellectual Property
I01. Government Data Practices. The GRADITEE and STATE must comply with the Minnesota Govemment
Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the STATE under this �ant
contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by
the GRANTEE under this grant contract. The civi] 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.
Tf the GRANTEE receives a request to release the data refesed 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 Minn. 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 any third party as a consequence of any act or omission on the part of these
employees aze 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 purposes of this provision, publicity includes norices, informarional pamphlets, press
releases, research, reports, signs, and similaz public norices prepared by or for the GRANTEE individually or
jointly with othexs, 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, Jurisdicfion, and Venue
Minnesota law, without regazd fo its choice-of-law provisions, governs this �ant contract. Venue for all legal
proceedings out of this gxant contract, or its bxeach, must be in the appropriate STATE ox federal court with
competentjurisdiction in Ramsey County, Minnesota.
14. Termination
The STATE may cancel this grant contract at any time, with or without cause, upon 30 days' written notice to the
GRANTEE. Upon ternunation, the GRANTEE will be enritled to payment, detemuned on a pro rata basis, for
services satisfactorily performed.
15. Data Disclosure
Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the GRANTEE consents to disclosure of its social
security number, federal employer tas identification number, and/or Minnesota taY identificarion number, already
provided to the STATE, to federal and state tas agencies and STATE personnel involved in the payment of
STATE obligations. These identification numbers may be used in the enforcement of federal and state taY laws
which could result in action requiring the GRANTEE to file state tas retums and pay delinquent state tas
liabilities, if any.
Conslruc[wn Mingation Grnnt
DEPD/CiryofS[ Paul
1. STATE ENCIJMBRANCE VERIFICATION
Individual cer•t�es that funds have been encumbered as
required byMinn. Stat. 16A.15 and 16C.05.
Signed:
Date:
CFMS Grant contract No. CMGP-10-0011-S-FY10
2. GRANTEE
The GRANTEE certifies that the appropriate person(s)
have executed the grant contract on behalf of the GRAN"I'EE as
required by applicable articles, bylaws, resolutions, or ordinances.
By:
Print:
Tifle:
Date:
By:
Print:
TiUe:
Date:
1_ STATE AGENCY
By:
Print:
Title:
Date:
Dishibufion:
Agency
GRANTEE
STATE=s Authorized Representafive - Photo Copy
ConSR'ucROn Mitlgation Grnnt
DEED/City of St Paul 4