HomeMy WebLinkAbout6.d. MVTA Subgrant Agreement ROSEIVKIX EXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting: June 5, 2012
AGENDA ITEM: MVTA Subgrant Agreement AGENDA SECTION:
Consent
PREPARED BY: Kim Lindquist, Community Development AGENDA NO. (p _d.
Director
ATTACHMENTS: Subgrant Agreement APPROVED BY:
RECOMMENDED ACTION: Motion to Approve Subgrant Agreement between the City of
Rosemount and MVTA and Authorize the City Administrator to sign the Agreement
document.
ISSUE
As part of the financing for the MVTA park and ride, the City is contributing some of the Redevelopment
Investment Grant monies awarded by Dakota County Community Development Agency. Due to the
conditions of the grant award, MVTA is not eligible to directly request reimbursement from the CDA; the
paperwork and funding need to pass through the City. The City Attorney has drafted an agreement which
states that the City will reimburse the MVTA for grant eligible components of the park and ride project so
long as the appropriate documentation is given. The process will be that the MVTA will pay the
contractor, the City will pay the MVTA, and then the City will submit paperwork to be reimbursed by the
CDA grant.
RECOMMENDATION
Recommend approval of the attached agreement and authorize the City Administrator to sign the
Agreement.
SUBGRANT AGREEMENT
This Agreement is made as of the day of , 2012 by and between the City of
Rosemount, a Minnesota municipal corporation ( "City ") and the Minnesota Valley
Transit Authority, a Minnesota joint powers organization ( "MVTA ");
WHEREAS, MVTA proposes to construct and operate a 101 stall park and ride facility
on property acquired by the Rosemount Port Authority (the "Project "); and
WHEREAS, the City has and entered into a grant agreement with the Dakota County
Community Development Agency ( "CDA "), entitled REDEVELOPMENT INCENTIVE
GRANT PROGRAM GRANT AGREEMENT, dated February 9, 2012 (the "Grant
Agreement "), a copy of which is attached hereto as Attachment One, to assist in funding
the Project; and
WHEREAS, the City wishes to make funds received under the Grant Agreement
available to the MVTA to assist in funding the Project and the MVTA wishes to receive
such funds, all as herein provided;
NOW, THEREFORE, ON THE BASIS OF THE PREMISES AND THE MUTUAL
COVENANTS HEREIN PROVIDED, THE PARTIES AGREE AS FOLLOWS:
1. MVTA will design, construct, operate and maintain the Project.
2. Upon payment to its contractor for portions of the Project that are eligible for
reimbursement under the Grant Agreement, MVTA will invoice the City for such
reimbursement, providing such information and supporting materials as are
required by the City and the CDA under the Grant Agreement.
3. Upon receipt of invoices from the MVTA, the City will promptly forward such
invoices to the CDA, together with such other information as is required by the
CDA under the Grant Agreement.
4. Upon receipt of grant funds from the CDA, the City will promptly remit such
funds to the MVTA.
5. The MVTA acknowledges that receipt of funds is subject to and limited to the
terms of the Grant Agreement, and the City is obligated only to reimburse the
MCDA for Project expenses to the extent of funds received by the City under the
Grant Agreement.
6. The parties will cooperate in all activities required to comply with the terms of the
Grant Agreement. Specifically, but without limiting the foregoing, each party
will comply with the requirements of paragraphs 2.01 (Accounting and Records),
2.02 (Audits), and 2.03 (Report Requirements).
404668v1 CLL RS215 -4
7. Each party will defend, hold harmless and indemnify each other and the CDA and
their officers, agents, and employees from and against all claims, liability, costs,
expenses, loss or damages of any nature whatsoever, including reasonable
attorney's fees, arising out of or in any way connected with its failure to perform
its covenants and obligations under this agreement and the Grant Agreement and
any of its operations or activities related thereto, excluding the willful misconduct
or the gross negligence of the person or entity seeking to be defended,
indemnified or held harmless. This indemnification shall not be construed as a
waiver on the part of either party of any immunities or limits on liability provided
by law.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their duly authorized representatives as of the day and date first above written.
CITY OF ROSEMOUNT
By
Its Mayor
And by
Its Clerk
MINNESOTA VALLEY TRANSIT AUTHORITY
By
Its
And by
Its
404668v1 CLL RS215 -4