RES 08-027RESOLUTION #08,, —027
RESOLUTION OF THE CITY OF ELK RIVER ADOPTING ECONOMIC
DEVELOPMENT PROGRAM
WHEREAS, the City of Elk River act as the leo sponsor for project coned In the
sl es s and Comity Development Application to be submitted on a l ro ' tely App
28, 2008 and that Mayor and Director of conor c Development are hereby authorized to
apply to the Department of Employment and ono 'c Development for ceding of this
project on behalf of S ortec ,sac.; and
WHEREAS, the City of River has the lei authority to apply for f.a cial assistance,
and the sfitudo aL manage al, and financial capability to ensure adequate construction,
operation, a. terra ce and replacement of the proposed project for its desk Efe; and
'HESS, the City o River has not incu=ed any costs and has not entered l to any
written agreements to purchase property; aad
WHEREAS, the City of Elk River has not violated any Federal, State, or local laws
pertammg to fraud, bxl ery, ldckbacks, collusion, conflict of interest or other unlawful or
corrupt practice; and
WHEREAS, upon approval of its application by the state, the City of Elk River, may enter
into an agreement with the Mate of Minnesota for the above-referenced project, and that the
City of l River cedes that it will comply with all applicable lags and regulations as stated
a . contract agreements and described on the Comp ce Certification of the Business
and Com riu ity Development A hcatio ; and
WHEREAS, that the City of l River has obtained credit reports and credit ornaatto
from S ortech, Inc. and Chr%sto her and Debra Carlson. Upon review by the City of Elk
River and Gray, Plant Mooty, no adverse findings or concerns receding, but not meted to,
tax hens, judgments, comet actions, and cgs with state, federal and ogler regulatory
agencies were identified. Faflure to disclose any such adverse in 'o=.ation could result in
revocation or other le d action.
NOW THEREFORE, BE IT SOLVED by the City Council of the City of Elk River
by the Director of Economi Development, or their successors in office,, ,ce, are hereby
a thor ed to execrate such agreements, and amendments thereto, as are necessary to
implement ent the project on behalf of the applicant.
Passed and adopted by the City Count of the City of River this 21st day of App 20.
ATTEST.
Tina Allard, City Cler
4`
eV
Ste h6e � g,jWor
Compliance Ce cation (page 1
.. Single Audit Act Amendment of 1996 (P.L. 104-136, Chapter 75 of dtle 31, SC ), which
establishes audit requirements for state and local governments recetvmng federal finds.
2. OMB Cfrc ar A-87 - Establishes Ptinciples for Dete * g Costs Apphcable to Grants and
Contracts with State Local and FederaUy recognized Inds. Tdbal Governments.
Section 304 of the Federal Rehab .ita on .Act of 1 973; the encans with Disabilities Act
(ADA), MN Statutes 1990, Chapter 363, Chapter 363 MN Human Rights Act - Require that all
public facilities and programs be designed and constructed to be accessible to the physically
handicapped.
4. The Uniform Administr ti e e u=ren ents for Grants and Cooperative Agreements to Mate and
Local Govemments, the AUAF, (Federal Register March 11, 1988, Volu e 33, Number 48) B
Establishes tequkements for procurement and financial management.
5. Title VI of the Cif Rights Act of 1964 (P.L. -332) and subsequent regulations -- It ensures
access to facilities or programs regardless of race, color, national origin or sex.
6. Executive Carder 11246, as amended by xecudve Orders 11375 and 12086 and subsequent
regulations - prohibit employment dlsr.riminadon on the basis or race, color, religion, sex or-
national o%1M.
7. Tithe 11 of the Uniform Relocation Assistance and Real Ptoperty, Property, Acquisition Policies Act of 1970
as amended and subsequent regiladons, the Uniform Act - Idendfies procedures for the
acquisition of property and the relocadon of persons and businesses.
8. Executive Orders 11988 and 121481 Flood in Management - R.eq=' es action to minirni7e the
impact of floods on assisted projects.
9. Executive Orders 11023 and 12138 - Encourage recipients to award construction, supply and
professional service contracts to n norlt r and women's business enterprises,
10. The Flood Insurance Purchase Requirements of Section 102a of the flood Di
1 . State Laws, the Davis Bacon Act (40USC, Se do 276a �- 276a5), Coped
(Anti - kickback Acts 40 USC 27 6c ) and the Contract Fork Hours and Safety
Standards Act of 1962 , Section 327 -333) - Requires payment of a es,
at
hourly rates, as esta hs ied by the Department of Labor.
15. Section 3 of the Mousing and Urban Development Act of 1968, as amended -
Encourages the employment and tram4 of lowe r-i€�corae people and awarding
of contracts to businesses located with the couty recetving assistance.
16. Title VIII of Civil Rights Act of 1968, as amended and executive order 12259 -
Requires equal opportunity in housing and non -d cru" ation ire the sale or
rents of ous ; and actions to aff=advey forger fair housing.
17. Requirements specked In the Housing and Community Development Act of
1974, as amended - establishes the S Cities Development Gram program.
18. .Act iscri ad n Act of 1975 - Prohibits di s 4 at o on the basis of ale.
19. Minnesota Statutes Sections 176.181 - 176.182 -- Requires recipients and
subcontractors to have workers compensation insurance coverage.
20. Clean Water Act and Executive Order 11288 - Requires protection of surface
and ground grater resources.
21. NEnnesota Statues Sections 471,87 and 471.88 - Forbids public officials from
e ga&g in acdvide , which are, or have the appearance of berg, in coact of
mt ere t.
22. The Minnesota Govemment Practices Act - protects the ptiv e of M'dividuals
who pardcipate in Co muty Development-assisted programs by prong
the public disclosure of participant's m* co .e and other personal information.
23. A -ndtru t or unfair trade practices laws - Regulates and controls the sale of
goods and services and prohibits decepdve and unfair co peddo . between
usmes as.
24. 43 U.S.C. Secdon 18.1 0, endued L t don on use of appropriated fads to
influence certa federal contr ct and fancy t ansacdons. Re um es a
certification that no federal fads have been udized to lobby or � undue
influence.
25. Executive Order 12549, Debarment and Suspension 3 CAR, Past 12 and
Section 12.51 - Requires a cerdfication regarding Federal debarment,
suspension and other repnsiir matters.
26. Executive Order 91 - 3, Wed ands - Requires grant and loan recipients to apply
the p .c. pies of no- net --loss of Weds duting the conduct of their project.
SAIndustrial it.in \Sportec Expansion 11\MIF Application\FedPart[lApplicafion\Compliance fi on.do
27. The Drag Free Workplace Act P.L. 100-690, Title V, Subtitle - Requires
that grantees certify that they wiU provide a drug free wo4lace.
28. Section 519 of P .h c Law -144 (1990 HUD Appropriations Act and Section
o � of HAD Act) - Requires that each local unit of goverment adopt,
enforce a policy prohibiting the use of excessive force b7 law e . orceraent
agencies w�.� its jun"Sdiction m against a indi d� .
engaged nonviolent
cif rights demonstrations.
9. Section 1352, Tide 31, U.S. Code- Requires that language of certification
regarding lobbing for contracts, loans and agreements be included in award
documents for 0 sub awards at aU tiers. Section 319 of Department ent o anterior
and Related Agencies Appropriations Act, known as the Byrd Amendment
prohibits the use of ederaUy appropriated finds for encing any Executive
or Legislative Branch person nel in the awarding Federal contracts, grants, or
loans. It also requires, where appropriate, the completion of Disclosure Form
SF-11L.
3. Subpart C of CFR Part 12 -- Provides for sclosure /Update from
applicants /recipients of L assistance relating to the amount of assistance
recei `ed. sources and uses o �d s, and interested pales, and recl res the
completion of HUD Fora 2880.
1. M.S. 290-9705 -- Requires that 8 percent of each payment paid to out-of-state
contractors for -work in Nfinnesota must he withheld on any contracts that
exceeds or could reasonable be expected to exceed $100,000, unless the
requirement is waived.
The City of Elk River wffi comply with the Comp ance Certification, and as o stated in the
accorapanying Local Go eminent Resolution.
Mayor � � bate
SA Industrial Siting\Sportech Expansion ENMIF Appli ation\ ` d a Lkpplic onI ompli c rd i a on. oc