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10-353CITY OF Presented by 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 RESOLUTION ACCEPTING NORTHWEST AREA FOUIV�ATION GRANT TO SUPPORT E1V�RGY CONSERVATION AND DECONSTRtiCTIOA' EMPLOPbIENT PILOT PROGRAM WHEREAS, the City of Saint Paul wzs invited by the Northwest Area Foundarion to apply for funding to support efforts of the Neighborhood Energy Connection (1VEC) and Network for Better Futures to leverage public investments in energy conservation and deconstrucrion to provide employment for local residents; and WHEREAS, the Northwest Area Foundarion, on February 25, 2010, awazded the City of Saint Paul $75,000 to be apportioned between two sub-grantees, the NEC ($40,000) and Network for Better Futures ($35,000), for the purpose of ineering goals outlined in the attached grant agreement; and WHEREAS, the Mayor, pursuant to Section 10.07.01 of the City Charter, does certify that, upon acceptance of the grant, there aze funds of $75,000 available for appropriation in excess of those estimated in the 2010 Budget; and WHEREAS, the Mayor recommends that the following additions be made to the 2010 budget: CURRENT BUDGET CHANGES AMENDED BUDGET Financing Plan F233 — Energy Conservarion Investment Fund 32507 — Employment Opportuniries in Energy Conservarion and Deconshucrion Pilot 6970 — Private Foundarion Grant Total Financing Spending Plan F233 — Energy Conservation Investment Fund 32507 — Eiriployment Opportunities in Energy Conservation and Deconstruction Pilot 0547 — Payment to Sub Grantees Council File # 10-353 Green Sheet # 3103717 RESOLUTION S �INT PAUL, MINNESOTA � $0 $0 $75,000 $75,000 $75,000 $75,000 �0 $0 $75,000 $75,000 $75,000 $75,000 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saint Paul accepts, with gratitude, the grant from the Northwest Area Foundation; and be it 10-353 35 FINALLY RESOLVED, that the City Council approves these changes to the 2010 budget. Bostrom Carter Harris Thune Yeas � Nays � Absent � Requested by Deparn of ✓ ��BY�S Or1�IC'_ti � By� �"�>u�- �J� 3 -a3 /o ` Approved by th��Of&ce of Financial Services % �� ` �����- Adopted by CouncII: Date ��(J7 ��%/� ' Adoption Certified by Co cil Secretary By: � Appro e y Ra o D ��� � By: By: w';hP.G.G�*-c� U �+..�� Approved by � Iayor / �for Submission to Council By: ! (J�hGr.� /: .I °/ .3'� 3D—/� 10-353 Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartrnenNpffice/Councii: Date initiated: MO—Mayor'sOffice 23MAR2010 ; Green Sheet NO: 3103717 I Decartrnent SentTOPereon InitiaUDate � Contact Person 8 Phone: , � Nancy Homans I N a �iavor�s O�ce j � 266-8568 � I i avor's OtSce �� Denartment Director � i � '�'�� � 2 inancial Servicu i ffice NSnanp cial Servi¢¢s i� j Must Be on Council Agenda by (Date): Number � i � For 3 � Attome Crty Attornev Routing I 4 a or•sOSce 1Navor/Assisfant � Doc. Type: R�NSACT /� I Order I 5 oanc0 � Ctiry Council 6 CStv Clerk Ci Clerk E-Document Required: N Document Contact: ConqctPhone: ToYdl # of Signature Pages _� (Clip All Locations for Signature) Action Requested: That the Saint Paul City Council do�accept the Northwest Area Foundation Grant to Support Energy Conseroation and Deconstrucrion Employment Program. Recommendafions: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions: Planning Commission 1, Has this personffirm ever worked under a contrect for this department? CIB Committee Yes No Civil Service Commission 2. Has this persoNfirm ever been a city employee? Yes No 3. Does fhis person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: �������� DisadvanWgeslfApproved: � cE (�t G �I A�l'ORN DisadvarHages If Not Approved: Total Amount of ��5,000.00 Trensaction: CosNRevenue Budgeted: Y Funding Source: Activity Number: Financial Information: (Explain) March 23, 2010 9:09 AM Page 1 10-353 Northwest Area Fou ndation He�ping mmmm¢ies re�ure pove.^.}• Grant Agreement ii. A financial account of all expenditures of the Grant and any income earned on the Grant funds. The financial account must be prepared on a cash basis. Only expenditures made in support of the Project may be charged against the Grant, and the Grantee must maintain records of those expenditures adequate to enable verification of the use of the Grant. III. PAYMENTS 8� USE OF GRANT 9. Grant: The Foundation hereby awards a grant to the Grantee in the aggregate amount set forth above, subject to the terms of this Agreement (the "Grant"). The Foundation will pay Grantee $75,000 upon the Foundation's receipt and acceptance of this Agreement. The Grantee must repay to the Foundation any Grant funds that have not been spent, and are not payable to an unrelated third party, for the Project described above by the date on which this Agreement terminates. 10. Use of Grant: Grantee must spend the Grant, and any income earned from the investment of Grant funds, only for the purposes described in the Project Description and in accordance with the Budget set forth below. The Grantee may, over the entire term of the Grant, deviate from one or more Budget line item amounts (other than overhead expense line items) by up to 20 percent of the line item amount without written Foundation approval as long as the Budget total does not change. The Budget must not otherwise be modified without the written approval of the Foundation. a. Budget: Training and support for Energy Auditors $ 16,000 Energy Auditor on-the-job mentoring (4 months) 20,000 Equipment for Energy Auditors 4,000 Trainina, support retention of Deconstruction Crew 35 000 TOTAL $ 75,000 b. Notwithstanding any provision of this Agreement apparently to the contrary, Grantee must not spend or earmark any portion of the Grant to compensate or otherwise provide a benefit to a person who is a trustee, director, officer, or employee of the Foundation, without the express written consent of the Foundation. Lists of the current trustees, directors, officers, and employees of the Foundation can be found at www.nwaf.orq. 11. Expense Timing: Expenses charged against the Grant must have been incurred on or after the Effective Date stated above and no later than the date on which this Agreement terminates. 12. Investmen4 of Grant Funds. The Grantee must maintain all Foundation grant funds in a separate account dedicated to the purposes of the Project. This account may be either a physically separated bank account or a separate bookkeeping account maintained as a part of the Grantee's financial records, restricted to the purposes of the Project. All Grant funds not needed for immediate activities must be invested in highly liquid investments with the primary objective of preservation of principal (such as a federally insured interest-bearing bank account). Any interest or other income generated by the Grant funds must be used for the purposes of the Project. IV. ADDITIONAL TERMS AND CONDITIONS 13. Representations: The Grantee represents and warrants that it is an organization described in sections 501(c)(3) and 509(a){1) of the Internal Revenue Code, that it has received a determination to that effect from the Internal Revenue Service, and that such determination has not been amended or revoked as of the date of this Agreement. The Grantee must maintain such status throughout the term of this Agreement. 14. Record Keeping: The Grantee must maintain accounting records consistent with generally accepted accounting principles (GAAP), and must retain its records related to the Project for at least seven years v FB 6/09 10-353 , T,',.� � Northwest Area � � � Foundation �e1p;r.g commun8rcs �� Grant Agreement Thi� qqreement is between Northwest Area Foundation, a Minnesota nonprofit corporation ("the Foundation"), and the City of St. Paul at 15 W Kellogg Blvd, Suite 390, St. Paul, MN, 55102 ("the Grantee"). The Grantee and the Foundation may be referred to in this Agreement each individually as a"Party' or jointly as the `Parties " The Parties wish to set forth their rights and obiigations and agree to abide by the following terms and conditions. I. OVERVIEW 1. Grant Title: Pilot Project: Employment Opportunities in Energy Conservation and Deconstruction 2. NWAF Reference Number: 10-G1947 3. Effective Date: This Agreement becomes effective on the first date it has been signed by both Parties. 4. Ertd Date: This Agreement will end on March 31, 2011, unless terminated earlier pursuant to the Termination section below. 5. Grent Amount: Subject to the terms of this Agreement, the grant amount is $75,000. II. GRANTEE OBLIGATIONS 6. Project Description: The grant will support a pilot project entitied Employment Opportunities in Energy Conservation and Deconsfruction (the °Project"), as ouUined in the proposal dated October 15, 2009, and described as follows: The City of Saint Paul, in collaboration with selected community partners, will develop and implement a pilot project to support basic training and the initial weeks of an on-the job mentorship for 10-14 unemployed and under-employed Saint Paul residents in green sectors jobs related to residential energy conservatio� and deconstruction. The proposal responds directly to the Northwest Area Foundation's goal of increasing assets and wealth among people with iow incomes by providing access to economic opportunities. And it proposes to enhance the effectiveness of federal American Recovery and Reinvestment Act investments by ensuring that low-income unemp(oyed residenfs of Saint Paul receive a portion oi those funds in wages as they develop the skills necessary to achieve long-term employment. 7. Outcomes: The City of Saint Paul-led effort anticipates the following short and long term outcomes: train 2 to 4 energy auditors and 7 to 10 deconstruction workers to test the model. After demonstrating model e�cacy and �dentifying targeted federal funding, the neut cohort may invotve up to 50 low-income trainees. In this effort, The City will partner with diverse community partners to recruit, train and counsel low-income and disadvantaged persons, particularly people of color and formerly incarcerated men, as energy auditors, insulation installers, and deconstruction workers. All workers will receive intake assessment and ongoing job orientation and health assistance. In addition to creating green sector living-wage jobs, more residents will participate in energy conservation efforts by the presence of ertergy auditors representing Uieir cultural backgrounds and speaking their language. 8. Reports: By April 30, 2011, the Grantee shali fumish the Foundation with a Final Report, signed by an appropriate officer, describing what was accomplished by the project and related expenditures. a. The Final Report shall be in a form acceptable to the Foundafion and contain two parts: A narrative account describing what was accomplished by the Grant including a description of the progress made toward achieving the goals of the Grant and an assurance that the activities under the Grant have been conducted in conformity with the terms of this Agreement, and Y.Fe sros 10-353 Northwest Area Foundation "e`�'' GrantA reement ,e��tie�o�e-:�. 9 after it has fully expended the Grant funds. Upon reasonable request the Grantee must make its records relating to the Project available to the Foundation for inspection or copying. 15. Notification: The Grantee must promptly notify the Foundation in writing, at the address listed in this Agreement, of any lawsuit brought against the Grantee; any proceeding or investigation directed at the Grantee by a federal, state, tribal, or local administrative agency or authority; or any proposed change in the Grantee's status under sections 501(c)(3) or 509(a) of the Internal Revenue Code. 16. Copyright and Patents: Any new intellectual property resulting from the Project shall, as between the Parties, be the property of the Grantee. Unless otherwise agreed to in writing by the Foundation, the Grantee must take reasonable steps to make relevant materials available to the public at no charge or at a minimal charge. 17. Indemnification: The Grantee must hold harmless and indemnify the Foundation from and against all claims, suits, and actions arising from any acts or omissions by the Grantee in connection with the Project. 18. Permissions: The Grantee shall obtain, maintain, and comply with the requirements of all registrations, licenses, consents, human subject research authorizations, and filings with any party or any public authority required in connection with the Grantee's operation, the Project, or the execution and performance of this Agreement. 19. Anti-Terrorism: The Grantee represents that it is familiar with the U.S. Executive Orders and laws that prohibit the provision of resources and support to individuals and organizations associated with terrorism. The Grantee will ensure that it does not support or promote violence, terrorist activity or related training, or money laundering. 20. Subcontractors: The Grantee may use subcontractors in pertorming its obligations under thls Agreement only upon the advance written approval of the Foundation or as stipulated in the Grantee's accepted proposal; when the Grantee assumes responsibility for the actions and omissions of the subcontractor; and pursuant to a written agreement in which the Foundation is a third party beneficiary and which contains terms and conditions commensurate with the requirements of this Agreement. Any act or omission by a subcontractor (which would be a breach of this Agreement if such act or omission were made by the Grantee) shall be deemed to be a breach of this Agreement by the Grantee. 21. Assignment: The Grantee must not assign its rights or delegate its obligations under this Agreement without the prior written consent of the Foundation. 22. Termination of Agreement: Notwithstanding any provision of this Agreement to the contrary, the Foundation reserves the right, in its sole discretion, upon delivery of written notice to the Grantee, to discontinue or delay scheduled Grant payments and to terminate this Agreement if (a) it is not satisfied with the progress of the Project or the content of any written report required by this Agreement; (b) the Grantee has failed in any other material way to comply with the terms of this Agreement; (c) the Foundation determines that any statement by or on behalf of the Grantee that the Foundation relied on in approving the Gra�t is false; or (d) the Foundation doubts the Grantee's ability to use, or the Grantee's need for, additional C,rant funds to carry out the Project effectively. The Foundation may also terminate this Agreement at any time for any or no reason by providing 30 days' written notice to the Grantee at the address set forth in the signature block below. 23. Survivorship: The following provisions of this Agreement shall survive termination of this Agreement and shall remain in effect until fulfilled: Grant, relating to repayment of the Grant; Reports; Record Keeping; and Indemnification. 24. Waiver: The failure of either party to insist upon strict performance of the terms, conditions and provisions of this Agreement shall not be deemed a waiver of future compliance or a waiver of any provisions herein. 25. Construction of l�qreement: The laws of the State of Minnesota shall govern this Agreement. This Agreement, including any exhibits, supersedes any and all prior agreements and contains the entire agreement of the Parties. This Agreement shall not be amended or modified in any manner other than by an amendment in writing signed by both Parties to this Agreement. v.FB 6/09 10-353 F Y5� �` �Dftf1W25t �li2d Fnundafi�on iiptpiiiq [pmmpnrYi�qs �eUre po,.��er Grant Agreement V. SICNATURES By signing below, each of the Parties, through its authorized representative, agrees to be bound by terms and conditions of this Agreement. Foundation Grantee By: By: Kevin F. Walker Christopher Coleman President and CEO Mayor Northwest Area Foundation City of St. Paul 60 Plato Boulevard E, Suite 400 15 W Kellogg Blvd, Suite 390 St. Paul, MN 55107 St. Paul, MN 55i02 Dated: Dated: Foundation Primary Contact: ('�tdifferenttnan above) Grantee Primary Contact: ('hdirrerent rhan anove) Anthony L. Genia, Senior Program Officer Nancy Homans, Policy Director v.FB 6/09