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HomeMy WebLinkAbout4.b. Downtown Facade Grant Pilot Program Memo EXECUTIVE SUMMARY Port Authority Meeting: July 20, 2021 AGENDA ITEM: Downtown Grant Pilot Program AGENDA SECTION: Old Business PREPARED BY: Eric Van Oss, Economic Development Coordinator AGENDA NO. 4.b. ATTACHMENTS: Resolution, Program Guidelines, Grant Application, Grant Agreement APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve the Downtown Grant Pilot Program. SUMMARY At the June Port Authority meeting, staff presented a Downtown Grant Pilot Program to be used for building façade improvements. Staff outlined the program processes, budget, and eligibility requirements. After a Port discuss, comments were incorporated into draft documents. RECOMMENDATION Staff requests the Port Authority approve the Downtown Grant Pilot Program. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2020- XX RESOLUTION APPROVING THE CITY OF ROSEMOUNT, DOWNTOWN ROSEMOUNT FAÇADE IMPROVEMENT GRANT PROGRAM WHEREAS, City of Rosemount recognizes the important role that a vibrant, authentic downtown plays in the City’s vitality. Strategic Planning efforts of the Rosemount Port Authority identify Downtown Revitalization as an important objective; and WHEREAS, the City has piloted the Downtown Rosemount Façade Improvement Grant Program and has determined to use funds to provide grants business in Downtown Rosemount; and WHEREAS, the guidelines for the Downtown Rosemount Façade Improvement Grant Program has been presented to the City Council, and NOW, THEREFORE BE IT RESOLVED by the Rosemount Port Authority as follows: 1. The Downtown Rosemount Façade Improvement Grant Program to be dedicated to businesses in the City’s historic Downtown is approved. 2. The Council authorizes $20,000 in funds to be dedicated to the Program. ADOPTED this XX day of July, 2021 by the Port Authority of the City of Rosemount. _______________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Erin Fasbender, City Clerk Façade Improvement Grant Program Purpose The City of Rosemount recognizes the important role that a vibrant, authentic downtown plays in the City’s vitality. Strategic Planning efforts of the Rosemount Port Authority identify Downtown Revitalization as an important objective. A well-maintained and attractive public realm reflects community pride and contributes to urban vitality. The Port Authority and City Staff has long discussed establishing a fund to assist building owners with improvements to façade and landscaping that enhances the quality and appeal of Downtown Rosemount. The Façade Improvement Grant Program aims to strengthen, revitalize and sustain the Downtown by encouraging and assisting property owners to make improvements to buildings within the district. By providing a financial incentive, the program will stimulate private investment and support stabilized and increased property values. The Port Authority is funding this one-year pilot program and review the program outcomes and make adjustments as necessary in subsequent years. Eligibility The pilot program district will by synonymous with the area identified in the Development Framework for Downtown Rosemount, described the area of Rosemount that lies along Highway 3 (South Robert Trail) between 143rd Street and County Road 42. Building owners and commercial tenants (with property owner’s approval) of commercial properties within the project area can apply for a downtown grant. For-profit and not-for-profit entities are eligible to apply, as long as the grant is used for a commercial building. Staff is also considering restriction eligibility to businesses that have been operational for one or more years. Eligible Uses Grant dollars may be used for improvements to the exterior of buildings including brick replacement and repair, window and door replacement/repair, installation of new windows and glass doors, awnings and signs, exterior steps/entrances, landscaping, lighting and related permanent improvements. Grant Amount Grant funds must be matched 1:1 with private dollars. Grant amounts may range from $1,000 up to $5,000 ($2,000-$10,000+ total project cost) per property. Number of Grants The City will offer downtown grants totaling up to $20,000 annually. Each applicant is eligible for one grant per calendar year. Grants will be awarded on a first come first serve basis. If eligible grant requests exceed the total funding capacity, the Port Authority may consider additional funding. Payments This is a reimbursement program. Applicants must complete all improvements and pay for the total project cost or total private match, prior to receiving a reimbursement check from the City. Applicants shall submit a copy of the invoice for the grant related improvement to the City. 2 Design Standards and Process All projects must meet the criteria identified in the City Code under 11-4-11: DT DOWNTOWN DISTRICT. Applicants will work with staff to determine if grant eligible activities can proceed with administrative review or require Planning Commission review on a case by case basis. The City of Rosemount requires permits for most of the eligible improvements listed above. For questions about permits, please visit the Building Permit and Inspections Division at https://ci.rosemount.mn.us/315/Applications-Permits-and-Inspections. Reporting Businesses will be asked to provide “before and after” photos of the project to the City. Façade Improvement Grant Program Application/Information Business/Organization Name: _____________________________________________________ Property Address: _______________________________________________________________ Building Owners: _______________________________________________________________ Contact Person: ______________________________ Title: ___________________________ Phone: ________________________ E-mail Address: ______________________________ Is the building within the Downtown District? _________________________________ Project Description ______________________________________________________________________________ ______________________________________________________________________________ Amount Requested: $___________ What type of assistance is needed? _____________________________________________________________________________ _____________________________________________________________________________ Have you contacted any local banks for assistance? ____ Have you identified a contractor willing and able to provide assistance? _________ If Yes, please provide the name and address of the provider and the cost of the assistance. ______________________________________________________________________________ Applicant Signature ______________________________________ Date ______________ For program questions, please contact: Eric Van Oss Economic Development Coordinator eric.vanoss@ci.rosemount.mn.us Application Number: _____ 1 GRANT AGREEMENT FOR ROSEMOUNT CARES SMALL BUSINESS GRANT PROGRAM This Agreement is between the City of Rosemount, 2875 145th Street West, Rosemount, Minnesota 55068 (“CITY”) and (GRANTEE’s Name) _____________________________(“GRANTEE”), _________________________________ (GRANTEE’s address). WHEREAS, the Rosemount City Council (“Council”) has approved the disbursement of funds it has allocated for use by small businesses within Downtown Rosemount; and WHEREAS, GRANTEE has made an application for an award and has been selected for funding in accordance with the terms of this Agreement; The CITY and GRANTEE agree as follows: 1. TERM AND AMOUNT OF GRANT GRANTEE shall complete all grant requirements (“Grant Requirements”) commencing upon both parties signing this agreement and expiring six months thereafter or when all requirements of the Agreement have been complete, whichever comes first, unless cancelled or terminated earlier in accordance with the provisions herein. The total amount of this grant is __________ ($) (“Grant Funds”). 2. GRANT REQUIREMENTS By entering into this Grant Agreement, GRANTEE certifies that it is a Minnesota owned and operated for-profit or non-profit business with a physical establishment in City of Rosemount’s Downtown boundaries and that all of the following are true and correct: • GRANTEE had been operating in Rosemount for a full calendar year GRANTEE acknowledges that the source of funds for this Grant Agreement are City of Rosemount funds provided and approved for disbursement by the Rosemount Port Authority as small business grants. GRANTEE acknowledges that this grant may be subject to federal and state taxes. GRANTEE further certifies that as of the date this Agreement is signed, all of the following are true and correct: • GRANTEE is licensed, if necessary, and in good standing with the Minnesota Secretary of State • GRANTEE is current on property taxes that were ordinarily due and payable on or before July 15, 2021, or on a County-approved payment plan, if applicable 3. ELIGIBLE COSTS OF BUSINESS Rosemount Façade Improvement Grant Program 2 GRANTEE shall provide an itemized and documented list of eligible activities and costs incurred, as more fully described in Attachment A. 4. GRANT DISBURSEMENT CITY shall pay Grant Funds directly to GRANTEE within thirty (30) business days of a fully executed Grant Agreement. 5. INDEPENDENT CONTRACTOR GRANTEE shall select the means, method, and manner of performing Grant Requirements, if any. Nothing is intended nor should be construed as creating or establishing the relationship of a partnership or a joint venture between the parties or as constituting GRANTEE as the agent, representative, or employee of the CITY for any purpose. GRANTEE is and shall remain an independent contractor under this Agreement. 6. NON-DISCRIMINATION GRANTEE shall not exclude any person from full employment rights nor prohibit participation in or the benefits of any program, service or activity on the grounds of any protected status or class including but not limited to race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin. No person who is protected by applicable federal or state laws against discrimination shall be subjected to discrimination. 7. INDEMNIFICATION GRANTEE shall defend, indemnify, and hold harmless the CITY, their present and former officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs, demands for repayment or expenses, including attorney’s fees, resulting directly or indirectly from any fraudulent act or use of Grant Funds for nonauthorized purposes by the GRANTEE, a subcontractor, anyone directly or indirectly employed by GRANTEE, and/or anyone for whose acts and/or omissions GRANTEE may be liable in the performance of this Agreement. 8. DATA PRIVACY AND SECURITY In accordance with Minnesota Statute Section 13.599, all applications and their contents are private or nonpublic until the applications are opened. Once the applications are opened, the name and address of each applicant and the amount requested is public. All other data in an application is private or nonpublic data until completion of the evaluation process, which is defined by statute as when the City has completed negotiating the grant agreement with the selected applicant. After the City has completed the evaluation process, all remaining data in the applications is public with the exception of trade secret data as defined and classified in Minn. Stat. § 13.37, Subd. 1(b). A statement by an applicant that the application is copyrighted or otherwise protected does not prevent public access to the application or its contents. (Minn. Stat. § 13.599, subd. 3(a)). Rosemount Façade Improvement Grant Program 3 If an applicant submits any information in an application that it believes to be trade secret information, as defined by Minnesota Statute Section 13.37, the applicant must: • Clearly mark all trade secret materials in its application at the time it is submitted, • Include a statement attached to its application justifying the trade secret designation for each item, and • Defend any action seeking release of the materials it believes to be trade secret, and indemnify and hold harmless City, its agents and employees, from any judgments or damages awarded against the City in favor of the party requesting the materials, and any and all costs connected with that defense. • This indemnification survives City’s award of a grant agreement. In submitting an application in response to this RFP, the applicant agrees that this indemnification survives as long as the trade secret materials are in possession of City. The City will not consider the prices submitted by the responder to be proprietary or trade secret materials. City reserves the right to reject a claim that any particular information in an application is trade secret information if it determines the applicant has not met the burden of establishing that the information constitutes a trade secret. City will not consider the budgets submitted by applicants to be proprietary or trade secret materials. Use of generic trade secret language encompassing substantial portions of the application or simple assertions of trade secret without substantial explanation of the basis for that designation will be insufficient to warrant a trade secret designation. If a grant is awarded to an applicant, City may use or disclose the trade secret data to the extent provided by law. Any decision by the City to disclose information determined to be trade secret information will be made consistent with the Minnesota Government Data Practices Act (Minnesota Statutes chapter 13) and other relevant laws and regulations. If certain information is found to constitute trade secret information, the remainder of the application will become public; in the event a data request is received for application information, only the trade secret data will be removed and remain nonpublic. 9. RECORDS – AVAILABILITY/ACCESS AND RIGHT TO AUDIT Subject to the requirements of Minnesota Statutes § 16C.05, subd. 5, MCCD, the CITY, the State Auditor, or any of their authorized representatives which may include other independent financial analysts at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to request submission of documentation, examine, audit, excerpt, and transcribe any books, documents, papers, records, or other data, which are pertinent to the accounting practices and procedures of GRANTEE and involve transactions relating to this Agreement. GRANTEE shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration, cancellation or termination. 10. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS Rosemount Façade Improvement Grant Program 4 A. GRANTEE shall not assign, transfer or pledge this Agreement whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of the CITY. A consent to assign shall be subject to such conditions and provisions as the CITY may deem necessary, accomplished by execution of a form prepared by the CITY and signed by GRANTEE, and the assignee. Permission to assign, however, shall under no circumstances relieve GRANTEE of its liabilities and obligations under the Agreement. B. GRANTEE shall not subcontract this Agreement whether in whole or in part, without the prior written consent of the CITY. 11. MERGER, MODIFICATION AND SEVERABILITY A. The entire Agreement between the parties is contained herein and supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. GRANTEE and/or the CITY are each bound by its own electronic signature(s) on this Agreement, and each agrees and accepts the electronic signature of the other party. B. Any alterations, variations or modifications of the provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. Except as expressly provided, the substantive legal terms contained in this Agreement including but not limited to Indemnification, Insurance, Merger, Modification and Severability, Default and Cancellation/Termination or Minnesota Law Governs may not be altered, varied, modified or waived by any change order, implementation plan, scope of work, development specification or other development process or document. C. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 12. DEFAULT AND CANCELLATION/TERMINATION A. If GRANTEE fails to perform any of the provisions of this Agreement including providing false, misleading or incomplete information in documents submitted to the CITY or fails to use Grant Funds exclusively for costs included the performance of the Agreement or otherwise breaches or fails to comply with any of the terms of this Agreement, it shall be in default. Unless GRANTEE’s default is excused in writing by the CITY, the CITY may upon written notice immediately cancel or terminate this Agreement in its entirety and may demand repayment in full of the Grant Funds. Additionally, failure to comply with the terms of this Agreement shall be just cause for the CITY to delay payment until GRANTEE’s compliance. In the event of a decision to withhold payment, the CITY shall furnish prior written notice to GRANTEE. Rosemount Façade Improvement Grant Program 5 B. Notwithstanding any provision of this Agreement to the contrary, GRANTEE shall remain liable to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by GRANTEE. Upon notice to GRANTEE of the claimed breach and the amount of the claimed damage, the CITY may withhold any payments to GRANTEE for the purpose of set-off until such time as the exact amount of damages due the CITY from GRANTEE is determined. Following notice from MCCD of the claimed breach and damage, GRANTEE and the CITY shall attempt to resolve the dispute in good faith. C. The above remedies shall be in addition to any other right or remedy available to the CITY under this Agreement, law, statute, rule, and/or equity. D. The CITY’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. E. If this Agreement expires or is cancelled or terminated, with or without cause, by either party, at any time, GRANTEE shall not be entitled to any payment, fees or other monies except for payments duly invoiced for then-delivered and accepted deliverables/milestones pursuant to this Agreement. In the event GRANTEE has performed work toward a deliverable that the CITY has not accepted at the time of expiration, cancellation or termination, GRANTEE shall not be entitled to any payment for said work including but not limited to incurred costs of performance, termination expenses, profit on the work performed, other costs founded on termination for convenience theories or any other payments, fees, costs or expenses not expressly set forth in this Agreement. 13. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement do survive such term, cancellation or termination. Such provisions include but are not limited to: SERVICES TO BE PROVIDED; GRANT REQUIREMENTS; INDEPENDENT CONTRACTOR; INDEMNIFICATION; DUTY TO NOTIFY; DATA PRIVACY AND SECURITY; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION/TERMINATION; MEDIA OUTREACH; and MINNESOTA LAW GOVERNS. 14. GRANT ADMINISTRATION Eric Van Oss, Economic Development Coordinator (“Grant Administrator”), shall manage this Agreement and any subsequent audit thereof on behalf of the CITY and serve as liaison to the GRANTEE. [NAME AND PHONE NUMBER AND EMAIL] shall manage the agreement on behalf of GRANTEE. GRANTEE may replace such person but shall immediately give written notice to the CITY of the name, phone number and email address of such substitute person and of any other subsequent substitute person. 15. COMPLIANCE AND NON-DEBARMENT CERTIFICATION Rosemount Façade Improvement Grant Program 6 A. GRANTEE shall comply with all applicable federal, state and local statutes, funding sources, regulations, rules and ordinances currently in force or later enacted. B. GRANTEE certifies that it is not prohibited from doing business with either the federal government or the state of Minnesota as a result of debarment or suspension proceedings. 16. NOTICES Unless the parties otherwise agree in writing, any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing and shall be sent registered or certified mail. Notices to the CITY shall be sent to the Grant Administrator at the address given in the opening paragraph of this Agreement. Notice to GRANTEE shall be sent to the address stated in the opening paragraph of this Agreement. Rosemount Façade Improvement Grant Program 7 17. CONFLICT OF INTEREST GRANTEE affirms that to the best of GRANTEE’s knowledge, GRANTEE’s involvement in this Agreement does not result in a conflict of interest with any party or entity which may be affected by the terms of this Agreement. Should any conflict or potential conflict of interest become known to GRANTEE, GRANTEE shall immediately notify the CITY of the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or potential conflict, and advise the CITY whether GRANTEE will or will not resign from the other engagement or representation. Unless waived by the CITY, a conflict or potential conflict may, in the CITY’s discretion, be cause for cancellation or termination of this Agreement. 19. MINNESOTA LAWS GOVERN The laws of the state of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Dakota, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the state of Minnesota. [Signature page follows] Rosemount Façade Improvement Grant Program 8 I hereby agree to the terms outlined in the Agreement. CITY City of Rosemount By: Its Date: GRANTEE GRANTEE Name By: Owner’s Name Its Date: