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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