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HomeMy WebLinkAbout[07b] Election GrantMay 03, 2010 Judy Weyrens City of St. Joseph 25 College Avenue N PO Box 668 St. Joseph, MN 56374 Dear Judy Weyrens, RECEIVED MAY 0 6 2010 Thank you for applying for the federal Election Assistance for Individuals with Disabilities grant. There was an excellent response to the grant opportunity: more than 125 municipalities submitted applications requesting nearly $750,000, when we only have $365,000 to distribute. I am pleased to inform you that City of St. Joseph has been selected to be a recipient of a federal Election Assistance for Individuals with Disabilities grant in the amount of $4,289 to be used for: Wire and install two automatic doors. - $4,289 Automatic door control switches must be installed in accordance with Minnesota Rules, Chapter 1341, Section 308. To maintain consistency and ensure that previous grantees are being treated fairly, the grant committee continued to apply caps to the amounts awarded. As indicated in the grant solicitation, grants are only being awarded for requests for the installation of automatic doors. Other projects are not being funded at this time. Please read thoroughly, execute, and immediately return the attached contract. The contract must be signed and returned to this office by June 1, 2010, or the award will be withdrawn. You will receive the funds only after the work has been completed and you have submitted the EAID Grant Reimbursement Form. Do not begin any work until you receive letter from this office informing you that work can proceed. Work commenced before the contract is signed by both your jurisdiction and the state will not be reimbursed. Again, congratulations on your grant award. Thank you for your sincere dedication to making Minnesota's polling places accessible for all voters. Sincerely, MARK RITCHIE Secretary of State STATE OF MINNESOTA DISABILITY GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Secretary of State ( "State ") and ( "Grantee ") St. Joseph, City of Recitals 1. Under Minnesota Laws 2007, Chapter 148, Article I, section 7, the State is empowered to enter into this grant. 2. Federal funds for this grant agreement are provided under the Help America Vote Act (hereinafter, HAVA) of 2002 (Public Law 107 -252), section 261. 3. The State is in need of improvements to polling place accessibility. 4. 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. Grant Contract 1 Term of Grant Contract 1.1 Effective date: May 1, 2010 or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. The Grantee is not entitled to any funds under this grant contract until this contract is fully approved and executed and the Grantee has notified the State' s Authorized Representative that the duties set forth in Paragraph 2 have been completed and all required documentation for reimbursement has been received and accepted by the State's Authorized Representative. 1.2 Expiration date: August 1, 2010, 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 and Intellectual Property; 13. Publicity and Endorsement; 14. Governing Law, Jurisdiction, and Venue; and 16 Data Disclosure. 2 Grantee's Duties The Grantee, who is not a state employee, will use the funds awarded to implement the following accessibility improvements: Wire and install two automatic doors. - $4,289 Automatic door control switches must be installed in accordance with Minnesota Rules, Chapter 1341, Section 308. 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 4.1 Consideration. The State will reimburse expenditures undertaken by the Grantee under this grant contract as follows: Wire and install two automatic doors. - $4,289 Automatic door control switches must be installed in accordance with Minnesota Rules, Chapter 1341, Section 308. 4.2 Total Obligation. The total obligation of the State for all reimbursements to the Grantee under this grant contract will not exceed $4,289. 4.3 Payment (a.) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely. (b) Federal funds. Payments under this grant contract will be made from federal funds obtained by the State through Title II, CFDA number 93 -617, of the Help America Vote Act of 2002. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. (c.) Debarment and Suspension. 45 CFR 76, "Government -wide Debarment and Suspension (Nonprocurement)," the implementing regulation, requires that the Grantee certify that it has not been debarred or otherwise excluded from participating in any other transaction with a federal department or agency. By submitting this contract, Grantee so certifies. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed 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 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 Adam Aanerud, EAID Grant Administrator, 100 Rev. Dr. Martin Luther King Jr. Blvd, (651) 556 -0644, or his successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Judy Weyrens 25 College Avenue N PO Box 668 St. Joseph, MN 56374 320 - 363 -7201 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 fully 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. 7.4 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. 10 Government Data Practices and Intellectual Property 10.1. 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 under this grant contract, and as it applies 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 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 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 purposes 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 legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction 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 termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 15 Data Disclosure Under Minn. Stat. § 270.66, 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. 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05. Signed: Date: CFMS Grant contract No. A- 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: _ Title: Date: By: _ Title: Date: 3. STATE By: (with delegated authority) Title: Date: Distribution: Agency; Grantee; State