HomeMy WebLinkAbout05.04.09 Special EDA Packet
AGENDA
ECONO~CDEVELOPMffiNTAUTHOmTY.
Special Meeting
May 04, 2009 - 6:45 p.m.
Citv Council Chambers. Citv Hall
Authoritv Members'
Vice-Chair,
Steve Wilson
1. Call Meeting to Order
2. Pledge of Allegiance
3. Approve Agenda
(7:00 D.m.)
Chair,
Christy Jo Fogarty
Terry Donnelly
4. Citizens CommentslPresentations
Mayor Todd Larson
Julie May
5. Consent Agenda (see attached)
a. Installed Building Solutions Grant Agreement
6. Public Hearings
None
City Staff Renresentatives
Executive Director,
Peter Herlofsky
City Administrator
7. Continued Business
None
8. New Business
None
Tina Hansmeier
Economic Development
Specialist
9. City Staff Reports
None
Cindy Muller
Executive Assistant
10. Adjourn
430 Third Street
Farmington, MN 55024
Phone: 651.280.6800
http://www.ci.farmington.mn.us
The Farmington EDA's mission is to improve the economic vitality of the city of Farmington and to enhance the overall quality of life
by creating partnerships, fostering employment opportunities, promoting workforce housing and by expanding the tax base through
development and redevelopment.
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City of Farmington
430 Third Street
Farmington, Minnesota
651.463.7111 . Fax 651.463.2591
www.ci.farmington.mn.us
TO:
EDA Members
FROM:
Lisa Dargis, Administrative Assistant
SUBJECT: Installed Building Solutions, LLC - Grant Agreement
DATE:
May 04, 2009
INTRODUCTION
Staff is requesting execution of the attached grant agreement.
DISCUSSION
Installed Building Solutions, LLC was previously awarded a City of Farmington Business
Development grant for business expansion. They were awarded $10,500 for equipment
to expand their current company offerings to include a new line of interior services.
Once the agreement has been executed by both parties and the proper documentation is
received, the Dakota County Community Development Agency will begin distribution of
funds for the approved items.
ACTION REQUESTED
Execute and enter into the attached Business Development Grant Agreement between
the City of Farmington's Economic Development Authority and Installed Building
Solutions, LLC.
Resp~tfully submitted,
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City of Farmington
Business Development Grant
Grant Agreement
This agreement is made and entered into this _ day of ,2009, by and between Installed Building
Solutions, LLC., a Minnesota corporation, having its principal offices at 517 First Street, Farmington, Minnesota
(hereinafter referred to as "Grantee") and the Economic Development Authority in and for the City of
Farmington, a public body corporate and politic, having its principal offices at 430 Third Street, Farmington,
Minnesota (hereinafter referred to as "Grantor").
WHEREAS, the Grantor is a Subrecipient of Dakota County Community Development Agency in the County's
Community Development Block Grant ("CDBG") Program; and
WHEREAS, the Grantor has established a Business Development Grant funded by its entitlement of CDBG
funds; and
WHEREAS, the Grantee has proposed a business development project to include business expansion or relocation
assistance; and
WHEREAS, one hundred percent (100%) of the shares of grantee are held by Jeremy LaBeau and Steve Finden
("Business Owners"); and
NOW THEREFORE, in consideration of the Grant and the mutual covenants contained herein, the parties agree
as follows:
1. The Grantor agrees to provide a maximum of$10,500.00 (ten thousand five hundred dollars and no cents)
in CDBG funds to the Grantee for the purpose of business expansion to add a new division of interior
solutions and fixture installation to its existing company offering of products and services.
2. The Grantor will provide $10,500.00 to be used to purchase equipment for glass cutting, polishing and
other equipment required for preparation and installation of interior fIXtures.
3. Grant funds will be paid on a reimbursement basis for payments required to purchase the approved
equipment.
4. The Grantee will provide the Grantor copies of all bid documents, and verification of payments for
equipment in the form of receipts and copies of checks or payment issued.
5. The Grantee will be required to verify that 51 % of permanent jobs created on a full time equivalent basis
are low to moderate income. These jobs must be documented as either being held by or available to low
to moderate income persons (per 24 CFRPart 570.208 (a)(4)).
6. The assistance will not result in the relocation of any industrial or commercial plant facility or operation
from one Labor Market Area to another. Furthermore, neither the grantee nor any subsidiaries has plans
to relocate jobs that would results in a significant job loss. If actions as a result of this grant results in
relocation prohibited by the 24 CFR 570.210, reimbursement of the grant will be made immediately in
full.
7. The Grantee agrees to submit verification of employee income annually to the Project Coordinator for a
period of five years.
8. The Grantee agrees not to relocate outside of the City of Farmington for a period of three years after the
date of this grant agreement.
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Attachment A - PROVISIONS FOR CDBG FUNDED CONTRACTS
I. SPECIAL EQUAL OPPORTUNITY PROVISIONS
A. ActivIties and Contracts Not Subiect to Executive Order 11246. as Amended
(Applicable to Federally assisted construction contracts and related subcontracts of$10,000 and under.)
During the performance of this contract, the contractor agrees as follows:
1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color,
religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants for
employment are employed, and that employees are treated during employment, without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of payor other forms of compensation; and selection for training, including apprenticeship.
2. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices
setting forth the provisions of this non-discrimination clause. The Contractor shall state that all qualified
applicants will receive consideration for employment without regard to race, color, religion, sex, or national
origin.
3. Contractors shall incorporate the foregoing requirements in all subcontracts.
B. Executive Order 11245
(Applicable to Federally assisted contracts and related subcontracts of$1O,OOO and over.)
1. Section 202 Equal Opportunity Clause
During the performance of this contract, the contractor agrees as follows:
(A) The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without regard to their race, color,
religion, sex, or national origin. Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or transfer; recruitment, or recruitment advertising; layoff or termination, rates of pay
or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees
to post in conspicuous places, available to employees and applicants for employment, notices to be
provided setting forth the provisions of this non-discrimination clause.
(B) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration without regard to race, color,
religion, sex, or national origin.
(C) The contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice advising the said labor union or workers'
representatives of the contractor's commitment under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(D) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the SecretarY of Labor.
(E) The contractor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the SecretarY of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the Department and the SecretarY of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and others.
(F) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with
any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in
whole or in part and the contractor may be declared ineligible in part and the contractor may be declared
ineligible for further Government contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the SecretarY of Labor, or as otherwise
provided by law.
(G) The contractor will include the provisions of the sentence immediately preceding paragraph (A) and the
provisions of paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the SecretarY of Labor issued pursuant to section 204 of Executive Order 11246 of
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(b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other
Spanish Culture or origin, regardless of race);
(c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far
East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands): and
(d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of
North American and maintaining identifiable tribal affiliations through membership and
participation or community identification).
(B) Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any
construction trade, it shall physically include in ,each subcontract in excess of $10,000 the provisions of
these specifications and the Notice which contains the applicable goals for minority and female
participation and which is set forth in the solicitations from which this contract resulted.
(C) If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S.
Department of Labor in the covered area either individually or through an association, its affirmative action
obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that for
those trades which have unions participating in the Plan. Contractors must be able to demonstrate their
participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or
subcontractor participating in an approved Plan is individually required to comply with its obligations
under the EEO clause, and to make good faith effort to achieve each goal under the Plan in each trade in
which it has employees. The overall good faith performance by other Contractors or Subcontractors toward
a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take
good faith efforts to achieve the Plan goals and timetables.
(D) The Contractor shall implement the specific affirmative action standards provided in paragraphs (G)(1)
through (16) of these specifications. The goals set forth in the solicitation from which this contract resulted
are expressed as percentages of the total hours of employment and training of minority and female
employees the Contractor should reasonably be able to achieve in each construction trade in which it has
employees in the covered area. The Contractor is expected to make substantially uniform progress toward
its goals in each craft during the period specified.
(E) Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the
Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the
Contractor's obligations under these specifications, Executive Order 11246, nor the regulations
promulgated pursuant thereto.
(F) In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals,
such apprentices and trainees must be counted in meeting the goals, such apprentices and trainees must be
employed by the Contractor during the training period, and the Contractor must have made a commitment
to employ the apprentices and trainees at the completion of their training, subject to the availability of
employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S.
Department of Labor. '
(G) The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The
evaluation of the Contractor's compliance with these specifications shall be based upon its efforts to
achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall
implement affirmative action steps at least as extensive as the following;
(1) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites,
and in all facilities at which the Contractor's employees are assigned to work. The Contractor shall
specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware
of and carry out the Contractor's obligation to maintain such a working environment, with specific
attention to minority or female individuals working at such sites or in such facilities.
(2) Establish and maintain a current list of minority and female recruitment sources, provide written
notification to minority and female recruitment sources and to community organizations when the
Contractor or its unions have employlnent opportunities available, and maintain a record of the
organizations' responses.
(3) Maintain a current file of the names, addresses and telephone numbers of each minority and female
off-the-street applicant and minority or female referral from a union, a recruitment source or
community organization and of what action was taken with respect to each such individual. If such
individual was sent to the union hiring hall for referral and was not referred back to the Contractor by
the union or, if referred, not employed by the Contractor, this shall be documented in the file with the
reason therefore, along with whatever additional actions the Contractor may have taken.
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benefits of the program are reflected in the Contractor's minority and female workforce participation,
makes a good faith effort to meet its individual goals and timetables, and can provide access to
documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor.
(I) A single goal for minorities and a separate single goal for women have been established. The Contractor,
however, is required to provide equal employment opportunity and to take affirmative action for all
minority groups, both male and female, and all women, both minority and non-minority. Consequently, the
Contractor may be in violation of the Executive Order if a particular group is employed in a substantially
disparate manner (for example, even though the Contractor has achieved its goals for women generally, the
Contractor may be in violation of the Executive Order if a specific minority group of women is
underutilized).
(J) The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against
any person because of race, color, religion, sex, or national origin.
(K) The Contractor shall not enter into any subcontract with any person or firm debarred from Government
contracts pursuant to Executive Order 11246.
(L) The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the
Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as
may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing
regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry
out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as
amended.
(M) The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative
action steps, at least as extensive as those standards prescribed in paragraph (G) of these specifications, so
as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor
fails to comply with the requirements of the Executive Order, the implementing regulations, or these
specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.
(N) The Contractor shall designate a responsible official to monitor all employment related activity to ensure
that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may
be required by the Government and to keep records. Records shall at least include for each employee the
name, address, telephone numbers, construction trade, union affiliation if any, employee identification
number assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or
laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations
at which the work was performed. Records shall be maintained in an easily understandable and retrievable
form; however, to the degree that existing records satisfy this requirement, contractors shall not be required
to maintain separate records.
(0) Nothing herein provided shall be constructed as a limitation upon the application of other laws which
establish different standards of compliance or upon the application of requirements for the hiring of local or
other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community
Development Block Grant Program).
4. Segregated Facilities
The Contractor or Subcontractor will not maintain any facility which is provided for their employees in a
segregated manner or permit their employees to perform their services at any location under their control where
segregated facilities are maintained except that separate or single user toilet and necessary changing facilities
shall be provided to assure privacy between the sexes.
C. Section 503 Handicapped - Affirmative Action for Handicapped Workers
(Applicable to Federally assisted contracts and related subcontracts if $2,500 or over.)
1. The Contractor will not discriminate against any employee or applicant for employment because of physical or
mental handicap in regard to any position for which the employee or applicant for employment is qualified.
The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat
qualified handicapped individuals without discrimination based upon their physical or mental handicap in all
employment practices such as the following: employment, upgrading, demotion or transfer, recrui1ment,
advertising, layoff or termination, rates of payor other forms of compensation, and selection for training,
including apprenticeship.
2. The Contractor agrees to comply with the rules, regulations, and relevant orders of the SecretarY of Labor
issued pursuant to the Act.
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and related documentation shall be made available, upon request, for examination by any authorized
representatives of the contracting officer or of the Secretary of Labor. Documentation would include
personnel records respecting job openings, recruitment and placement.
(E) Whenever the Contractor becomes contractually bound to the listing provisions of this clause, it shall
advise the employment service system in each State where it has establishments of the name and location of
each hiring location in the State. As long as the Contractor is contractually bound to these provisions and
has so advised the State system, there is no need to advise the State system when it is no longer bound by
this contract clause.
(F) This clause does not apply to the listing of employment openings which occur and are filled outside the 50
states, the District of Columbia, Puerto Rico, Guam and the Virgin Islands.
(G) The provision of paragraphs (B), (C), (D), and (E) of this clause do not apply to openings which the
Contractor proposes to fill from within his own organization or to fill pursuant to a customary and
traditional employer-union hiring arrangement. This exclusion does not apply to a particular opening once
an employer decides to consider applicants outside of his own organization or employer-union arrangement
for that opening.
(II) As used in this clause:
(1) "All suitable employment openings" includes, but is not limited to openings which occur in the
following job categories: Production and non-production; plan and office; laborers and mechanics;
supervisory and non-supervisory; technical; and executive administrative, and professional openings
that are compensated on a salary basis of less than $ 25,000 per year. This term includes full time
employment, temporary employment of more than 3 days duration, and part-time employment. It does
not include openings which the contractor proposes to fill from within his own organization or to fill
pursuant to a customary and traditional employer-union hiring arrangement or openings in an
educational institution which are restricted to students of that institution. Under the most compelling
circumstances an employment opening may not be suitable for listing, including such situations where
the needs of the Government cannot reasonably be otherwise supplied, where listing would be contrarY
to national security, or where the requirement of listing would otherwise not be in the best interest of
the Government.
(2) "Appropriate office of the State employment service system" means the local office of the Federal-
State national system of public employment offices with assigned responsibility for serving the areas
where the employment opening is to be filled, including the District of Columbia, Guam, Puerto Rico,
and the Virgin Islands.
(3) "Openings which the Contractor proposes to fill from within his own organization" means employment
openings for which no consideration will be given to persons outside the Contractor's organization
(including any affiliates, subsidiaries, and the parent companies) and includes. any openings which the
Contractor proposes to fill from regularly established "recall" lists.
(4) "Openings which the Contractor proposes to fill pursuant to a customary and traditional employer-
union hiring arrangement" means employment openings which the Contractor proposes to fill from
union halls, which is part of the customary and traditional hiring relationship which exists between the
Contractor and representatives of his employees.
(I) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor
issued pursuant to the act.
(J) In the event of the Contractor's non-compliance with the requirements of this clause, actions for non-
compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of
Labor issued pursuant to the act.
(K) The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices in a form to be prescribed by the Director, provided by or through the contracting
officer. Such notice shall state the Contractor's obligation under the law to take affirmative action to
employ and advance in employment qualified disabled veterans and veterans of the Vietnam era, and the
rights of applicants and employees.
(L) The Contractor will notify each labor union or representative of workers with which it has a collective
bargaining agreement or other contract understanding, that the contractor is bound by the terms of the
Vietnam Era Veterans Readjustment Assistance Act, and is committed to take affirmative action to employ
and advance in employment qualified disabled veterans and veterans of the Vietnam Era.
(M) The Contractor will include the provisions of this clause in every subcontract or purchase order of $ 10,000
or more unless exempted by rules, regulation, or orders of the Secretary issued pursuant to the Act, so that
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3. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification
received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized
for the contract, is under consideration to be listed on the EP A List of Violating Facilities.
4. Agreement by the Contractor that he will include, or cause to be included, the criteria and requirements in
paragraph (1) through (4) of this section in every non-exempt subcontract and requiring that the Contractor will
take such action as the Government may direct as a means of enforcing such provisions.
In. CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies to the best of his or her knowledge and belief, that:
A. No Federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
B. If any funds other than Federally appropriated funds have been paid or will be paid or will be paid to any person for
influencing or attempting to influ~nce an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreemen~ the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form
to Report Lobbying," in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in the award documents for all sub-
awards at all tiers (including subcontract, sub-grant, and contracts under grants, loans, and cooperative agreements)
and that all sub-recipients shall certify and disclose accordingly.
D. This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a pre-requisite for making or entering into this transaction
imposed by Section 1332, Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
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