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HomeMy WebLinkAboutCity Council Resolution 1997-289• RESOLUTION 97-289 RESOLUTION ACCEPTING MIGHff DUCKS GRANT THIS grant contract, and amendments and supplements thereto, is between the State of Minnesota, acting through its Amateur Sports Commission (hereinafter STATE) and the City of Plymouth (hereinafter GRANTEE), witnesseth that: WHEREAS, the STATE. pumma to Minnesota Statutes Section 240A.09 and 1995 Nim. Laws ch. 254, at 1, sec. 17 is empowered to pomote the development of proposals and award grants for new statewide public ice facilities and for renovation of existing ice arenas; and WHEREAS, on or about July 24,199s, the STATE issued a Request for Proposals CTM seeking proposals from eligible GRANTEES interested in building or renovating public ice arenas; and WHEREAS, GRANIWs proposal was among those selected to wmve grant funds to finance the construction or renovation of an ice Arens; and WHEREAS, GRANTEE it presents that it is duly qualified and willing to perforin the services set forth herein, NOW, THEREFORE, it is agreed: 1, (IgANTEE'S DUTIES. GRANTEE shall construct a new public ice area or renol,Ate an existing public ice aceta in accordance with the terms, conditions and specifications set forth in the STATE's RFP and GRANTEE's proposal, which shall be read together, attached hereto and incorporated by referenced as Exhibit A. A. The total obligation of the STATE for all compensation and reimbursements to GRANTEE's shall be and shall not waceed two hundred -and -fifty -thousand dollars (S250,000). B, Tela of Payment, Payment shall be ►node by the STATE promptly after GRANTEE's presentation of evidence documenting that at least twenty-five percent (25%) of the construction or renovation of the public ice arena has been completed and 1•aid for with Nods other than this grant award. Such evidemoe shall be submitted in a manner prescribed by the STATE, and shall constitute compliance with the.metch requirement set forth under Minn. Stat. 240A.0. (b). Ill, rONDITIONS OF PAYMENT. All services provided by GRANTEE pursuant to this grant contract shall be performed to the utlaflaaetion of the STATE, as determined at the sole discretion of its authorized representative, and in accord with all applicable federal, state, and local lawf, ordinances, rules and regulations. GRANTEE shall not receive payment for work found by the STATE to be unsatisfactory, or performed in violation of federal, state or local laws, ordinances - rules or regulations. 0 L IV. TERMS OF CONTRACT, This grant contract shall be effective on February 1, 1996, or upon the date that the final required signature is obtained by the STATE, pursuant to Mini Stat. 1613.06, subd. 2, whichever occurs later, and shall remain in effect until June 30, 1997, or until all obligations set forth in this grant contract have been satisfactorily fulfilled, whichever occurs first. V. CANCELLATION Prior to disbursements of hinds, this grant contract may be canceled by the STATE or GRANTEE at any time, with or without cause, upon thirty (30) days written notice to the other party. If the STATE finds that there has been a failure to comply with the provisions of this agreement, that reasonable progress has not been made, or that the purposes for whist the funds were granted have not been or will not be fiMled, the STATE may telae action to protect its interests, including requiring the return of all or part of the fiords already disbursed. VI. STATE'S AUTHORIZED REPRESENTATIVE. The STATE's authorized representative for the purpose of administration of this grant contract is Paul Erickson or his successor in office. The GRANTEE's authorized representative for purposes of administration of tiis grant contract is Eric Blank, The GRANTEE's authorized representative shall have bill authority to represent GRANTEE in its fulfillment of the terms, conditions and requirements of this grant contract: VII. AM GRANTEE shall neither assign no transfer any rights or obligations under this grant contract without the prior written consent of the STATE. VIII. . Any amendments to this grant contract shad be in writing, and shall be executed by the same parties who executed the original grant contract, or their successors in office. IX. LIABILITY, GRANTEE agrees to indemnity and save and hold the STATE, its representatives and employees harmless from any and all claims or causes of action, including all attorney's fees incurred by the STATE, a 'rising tiom the performance of this grant contract by GRANTEE or GRANTEE's agents or employees. This clause shall not be construed to bar any legal remedies GRANTEE may have for the STATE's failure to fidfill its obligations pursuant to this grant contract. X. STATE AtMrM. The books, records, documents, and accounting procedures and practices of the GRANTEE relevant to this grant contract shall be subject to examination by the STATE and the Legislative Auditor. XI. DATA PRACTICER ACT, The GRANT13E agrees to comply with the Minnesota Data Practices Act as it applies to all data provided by the STATE in accardance with this grant contract and as it applies to all data created, gathered, generated or acquired in accordance with this grant contract. XIL PLBLICITY• Any publicity given to the program, publications, or services provided resulting from this great contract, includes, but not limited to, notices, informational�tphlets, press releases, research, reports, signs, and slimier public notices prepared by or for the ORANTEE or its employees individually or jointly with others, or any subgtantees shall identify the STATE as a sponsoring agency and shall not be released without prior approval by the STATE's authorized representative. XIII. ANTITRUST. GRANTEE hereby assigns to the State of Minnesota any rind all F, claims for overcharges as to goods and/or services provided in connection with this eonbact resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota 7CIV. R]RISI)MMON AND VENUE. This grant contnsc% and amendments and supplements hereto, shall be governed by the laws of the State of eta. Venue for all legal proceedings arising out of this great cm hack or breach thereof; shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. XV. GRANTEE SIGNATURES. GRANTEE certifies that authorized parsons) have mtecuted the grant cont met on behalf of the GRANTEE as required by applicable articles, by-laws or resolutions. XVI. OTHER PROVISIONS. (Attach additional pages as necessary.) IN WITNESS WHEREOF, the parties have caused this grant contract to be duly executed. APPROVED: Hy Title Date 2. S A ENCY:. By Titre Fly As to form and execution By. 3. ATTORNEY GENERAL Title By Date Date •