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.
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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
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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:
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By. 3. ATTORNEY GENERAL
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