HomeMy WebLinkAboutRes. 21-096Resolution Accepting South Dakota Solid Waste Management Program Grant
{SWMP 2022G -SW -200) and Authorizing the City Manager to Sign the Grant
Agreement and Other Grant Documents
Be It Resolved by the City Council of the City of Brookings, South Dakota as follow4
Whereas, the City of Brookings, South Dakota has been awarded a South Dakota Solid
Waste Management Program Grant, SWMP No. 2022G -SW -200 in the amount of
$62,000.00 to evaluate the Solid Waste Division's operations and financial health and
identify and address critical needs; and
Whereas, that the City of Brookings is required to comply with all Solid Waste
Management Program Grant requirements, assurances, terms and conditions; and
Whereas, the Grant Agreement between the South Dakota Board of Natural Resources
and the City of Brookings, South Dakota requires that the City designate an official to
sign the Grant Agreement and other grant -related documents, and the City authorizes
the City Manager to sign these documents for the above-described grant.
Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, that
the City will comply with all Solid Waste Management Program Grant requirements,
assurances, terms and conditions, and designates the City Manager of the City of
Brookings to sign the Grant Agreement and other grant documents.
Passed and approved on the 23rd day of November, 2021.
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1,SURE (
DEPARTMENT of AGRICULTURE
and NATURAL RESOURCES
October 7, 2021
Re: City of Brookings, SWMP 2022G -SW -300
Solid Waste Master Plan
Paul Briseno, City Manager
City of Brookings
5203 d Street, Suite 230
Brookings, SD 57006
Dear Mr. Briseno:
JOE FOSS BUILDING
523 E CAPITOL AVE
PIERRE SD 57501-3182
danr.sd.gov
I would like to congratulate the City of Brookings for obtaining a grant from the Solid Waste Management
Program for the Solid Waste Master Plan project. The grant is for 25.0 percent of approved costs, not to
exceed a maximum grant of $62,000.
Enclosed is the grant agreement for your project. Please have the authorized signatory sign and date the
agreement, make a copy for your files, and return the original to our office. Also enclosed are the
Assurances, Terms, and Conditions and a Payment Provisions Checklist related to the grant agreement. You
cannot draw grant funds until the items listed on the checklist are submitted. Please keep the Assurances,
Terms, and Conditions and begin preparing the items on the checklist. Please take note of the audit
requirements outlined in Exhibit B of the Assurances, Terms, and Conditions. At project completion, a
project audit or your regular scheduled audit covering the grant period shall be submitted to the
department within 15 days of issuance.
In addition, the enclosed W-9 form must be fully completed and signed. The original must be returned to
this department.
I look forward to working with the City of Brookings on this project. Please contact me at 605-773-4216 or
via email at Tyler.Zettl@state.sd.us if you have any questions.
Sincerely,
Tyler Zettl
Natural Resources Engineer II
Environmental Funding Program
South Dakota
Solid Waste Management Program
Grant Agreement
Recipient
Award Tyke pe
ID Number
City of Brookings
Grant
2022G -SW -200
Address
520 3rd Street, Suite 230
Date of Award
Type of Action
Brookings, SD 57006
September 30, 2021
New
Certifying Officer (name, title, phone no.) Total Project Cost SWMP Amount
Paul Briseno $248?000 $62,000
City Manager
605-692-6281
Project Title/Description Brookings, Solid Waste- Master Plan
The City of Brookings is proposing to evaluate the Solid Waste Division"s operations and financial health and identify and
address critical needs.
Award Conditions
Central: The 9'rajitee covenants and agrees that it wilt expeditiously initiate and timely complete the project above described M accordance
with this agreement in three years or less from. the date of award. I'hc grantee warrants, rcVre—sents. and agrees that it will comply: (1) with all
applicable provisions of SDCL Chapter 34A-& 1.3, SDCL Chapter 34A-6-61 and ARSD 74:05:10, (2) i4ith any special conditions set forth in
this agreement-, and (3.) urith the attached Assurances, Terms, and Conditions.
Special: None
Offer
The State of South Dakota hereby offers assistance to the city of l3rookings for up to_;5.Va of all approved total project costs not to exceed
'S62.Q0 for the support of the approved project as described above (including all application modifications).
Signature of A%rard- Official Typed Name and Title Date
Jerry Soholt, Chairman September 30, 2021
Board of Water and Natural Resources
teptance
In accepting this award or ainendment and any payment made pursuant thereto, (t) the undersigned represents that Wshe is duly authors to
act on behalf of the te'cipieat and (2) the recipient agrecs (a) to Comply with the provisions of this agrecment, and (b) any pavmcnts found by
the State of South Dakota to have been overpaid will tx,- rcfun&-d or cm-dited in Cult to the State. To the best of my knowledge andli f d
be c , ata
in this agreement are true and correct.
By and On Behalf of The Recipient
Signature of Designated Official Typed Name and Title
MV
PAYMENT PROVISION CHECKLIST
OF REQUIRED DOCUMENTS
Grant Number 2022G -SW -300
The following documents, as indicated, must be submitted prior to the drawdown and receipt of
any funds under this grant:
Project plans and specifications as approved by a professional architect or
engineer licensed and registered in South Dakota as outlined in Item #5.
NA Resolution authorizing the signatory on the grant agreement and for payment
requests as outlined in Item 99. Received w/ funding application
Complete and submit to the department the attached "Vendor ACH
Authorization Form" as outlined in Item 49.
Copy of your property and casualty insurance, workers compensation, and
liability insurance or risk pool coverage as outlined in Item # 17.
Opinion of Counsel certifying the applicable information as outlined in Item
#20 of the Assurances, Terms, and Conditions.
SOLID WASTE MANAGEMENT PROGRAM
GRANT AGREEMENT
ASSURANCES, TERMS AND CONDITIONS
In consideration of the approval of the Grant described above by the State of South Dakota, acting
through its Board of Water and Natural Resources, and Department of Agriculture and Natural
Resources ("I3 " , 523 East Capitol Avenue, Pierre, SD 57501 (collectively the "State"), the
Grantee covenants and agrees to comply with the following assurances, terms, and conditions.
1. Grantee will comply with those federal, state and local laws, regulations, ordinances and
permits applicable to the construction, operation, and maintenance of the Project.
2. Grantee will cause its contractors, sub -contractors, agents, and employees to comply with
the applicable federal, state and local laws, regulations, ordinances, guidelines, permits and
requirements and will adopt such review and inspection procedures as are necessary to
assure such compliance. In the event of conflict between federal, state and local laws and
regulations, compliance with the more restrictive laws and regulations shall be deemed
compliance with less restrictive laws and regulations.
3. Grantee will submit all changes which would alter the purpose, scope, or the functional
layout of the Project to the State for approval and no such changes or modifications may be
made without such prior approval in writing. It is agreed that the Application of the
Grantee, including those materials attached in support thereof, are by this reference
incorporated herein as if set out in ftdl. Grantee Will not substantially depart from the
description of the Project as set forth therein without the prior written approval of the State.
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4. Grantee will construct the Project, or cause it to be constructed, to final completion Nwvi
reasonable diligence in accordance with the approved plans and specifications and th
approved Project scope for the grant; construction will be completed and funds expende
within three years after Grantee's request for grant funds has been approved. I
5. Grantee will ensure that construction administration and inspection is done by or under the
supervision of a professional engineer or architect licensed and registered in the State of
South Dakota to help assure that the construction contractor's work conforms with the
approved plans and specifications, and to ftu-nish inspection and material testing reports,
recommendations and such other information as the State may require. It is recognized and
understood that the final responsibility of conformance with the plans and specifications is
that of the construction contractor. The State has the right to monitor facility and design
through on-site inspections from time to time.
6. Grantee warrants and represents as follows:
a. The Grantee is duly organized and existing under the laws of the State of South
Dakota; has taken all proper action to authorize the execution, delivery and
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performance of its obligations under this Grant Agreement; and has the power and
authority to enter into and consummate all transactions contemplated by this
Grant Agreement, and to carry out its obligations hereunder.
b. There is no action, suit, proceeding, inquiry or investigation at law or equity,
by or before any judicial or administrative court, agency or body, pending or
threatened against the Grantee wherein an unfavorable decision, ruling, or finding
would materially and adversely affect the validity or enforceability of this Grant
Agreement.
c. As of the date of this Grant Agreement, the Grantee has obtained or made all
permits, findings and approvals required by any governmental body or officer for
the Project or the financing thereof, except as otherwise set forth in this Grant
Agreement or disclosed in writing to the State prior to the execution hereof. No
consent, approval or authorization of, or filing, registration or qualification with,
any governmental authority (other than those, if any, already obtained) is required
on the part of the Grantee as a condition to entering into this Grant Agreement and
the performance of the Grantee's obligations hereunder.
d. This Grant Agreement is a legal, valid and binding obligation and agreement
of the Grantee, enforceable against the Grantee according to its terms, except as
the enforceability thereof may be limited by laws relating to bankruptcy,
insolvency or other similar laws affecting creditors' rights generally andgeneral
principles of equity.
e. The Project consists of the facilities improvements and activities described in
the Project Title/Description of the Funding Agreement, as the same may be from
time to time amended pursuant to section 28 hereof.
f There is no fact that the Grantee has not specifically disclosed in writing to the
State that materially and adversely affects or will materially and adversely affect
the properties, operations and finances of the Grantee, its legal status, or its ability
to perform its obligations hereunder.
g. The Grantee certifies that there has been no material adverse change since the
I,
date of the Application in the financial condition, organization, operation,
property, or the personnel of the Grantee; and that the information contained in
the Application, and other information the Grantee provided to the State does not
contain any material misrepresentations or misstatements of fact.
h. The Grantee further certifies that it:
(1) has not received any notice or otherwise learned of any Environmental
Liability which would individually or in the aggregate constitute a Material
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Adopted September 2016
Adverse Occurrence arising in connection with (i) any non-compliance with
or violation of the requirements of any Environmental Law or (ii) the
release or threatened release of any toxic or hazardous waste or other
substance into the environment;
(2) does not have any knowledge of any threatened or actual liability in
connection with the release or threatened release of any toxic or hazardous
waste,, substance or constituent, or other substance in the environment
which would individually or in the aggregate constitute a Material Adverse
Occurrence; or
(3) has not received any notice or otherwise learned of any federal or state
investigation evaluating whether any remedial action is needed to respond
to a material release or threatened release on any toxic or hazardous waste,
substance or constituent into the environment for which the Grantee is or
may be liable. The Grantee is in substantial compliance with all
Environmental Laws in the respective jurisdictions where it is presently
doing business or conducting operations.
(4) Material Adverse Occurrence shall mean any occurrence of any nature
whatsoever, including without limitation, any adverse determination in any
litigation, arbitration or government investigation or proceeding, which the
State shall reasonably determine materially adversely affects the present or
prospective financial condition or operations of the Grantee, or impairs the
ability of the Grantee to perform its obligations.
7. Grantee agrees to maintain the necessary and appropriate accounts, records and books in
which full and correct entries are made, capable of allowing the preparation of annual
financial statements prepared in accordance with generally accepted financial and
reporting standards as promulgated by the Governmental Accounting Standards Board, or
the Financial Accounting Standards Board, as appropriate, or an Other Comprehensive
Basis of Accounting as defined by the American Institute of Certified Public
Accountants. The State and its authorized representatives shall have the right to inspect
such books and accounts upon reasonable notice, during normal business hours. Grantee
will retain all books and records, including audits required pursuant to this Grant
Agreement, for a period of not less than three years following the issuance of the final grant
closeout letter.
8. Grantee will establish safeguards to prevent employees from using their positions for a
purpose that is, or gives the appearance of being, motivated by a desire for private gain
unrelated to the public benefits from the Project, for themselves or others, particularly
those with whom they have family, business, or other ties.
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Adopted September 2016
9. Grant proceeds will be kept in the state treasury, in the water and Environment Fund, and
shall be disbursed based upon the Grantee's request for disbursements. Grantee will
submit signed requests for disbursements using a form prescribed by the State, together
with all attachments required by such form. The request for disbursement will be
submitted to such person or persons as the State may designate for approval.
Disbursements may be obtained only for those Project costs which have been legally
incurred, and which are due and payable, or have been paid by the Grantee. The Grantee
will designate, by duly adopted resolution, an official to certify on Grantee's behalf that
the request submitted is correct and is a valid expenditure for the Project. The Grantee is
required to submit a w-9 form with the "Required Direct Deposit Information" completed
which will authorize electronic payments by direct deposit and provide electronic payment
notification to the Borrower. This form is available through the DANR Fiscal Office or it
can be downloaded directly from 1-ittp : //deiir. sd. goat/ditzi /wwf/V endorACH W-
9Form. The Borrower must fax the completed form to (605) 773-4068 or scan and
email to DANRMai1@,state.sd.us ,,state.sd.us with "Attn: Fiscal Office" in the subject line or mail it to:
DANR Fiscal Office
523 East Capitol
Pierre, SD 57501-3182
All requests for disbursement for eligible costs under this Grant Agreement not presented
within ninety (90) days after the completion of the term hereof are barred from payment.
The State reserves the right, at its option, to disburse the funds directly to the contractor
or sub -contractor supplying the service or material for which the payment is sought.
Disbursements for travel and subsistence may not exceed the rates established in the rules
and regulations of the State Board of Finance relating to travel and subsistence expenses for
state employees. No funds will be disbursed until all fees owed by the Grantee to DANR
are paid.
10. Prior to the drawdown of grant funds, Grantee will supply to the State, in a form satisfactory
to the State, evidence of the commitment of funds from other sources for use, together with
the funds granted hereby, in construction of the Project.
11. Grantee hereby grants to the State a security interest pursuant to the South Dakota Uniform
Commercial Code (SDCL Ch. 57A-1 et seq.) in the equipment described in Exhibit A,
attached hereto, including all products of, additions to, and replacements thereof, and all
accessories, accessions, parts and equipment now or hereafter affixed thereto and used in
connection therewith, and the proceeds of all property secured hereby (the "Collateral").
Upon purchase of the equipment, Grantee shall within ten (10) days provide a description to
the State, which description is hereby made a part of this Grant Agreement. Grantee agrees
that the equipment will remain personal property, and not become a fixture. The State shall
have a first lien on the Collateral, unless it expressly agrees otherwise in writing. Grantee
agrees to cooperate with the State in signing and filing all documents necessary to perfect
the State's security interest in such equipment.
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Adopted September 2016
12. Grantee agrees not to sell, lease, convey, assign, transfer, or encumber any equipment
purchased, in whole or in part, with funds provided pursuant to this Grant Agreement for a
period of five (5) years from the date hereof, without the express prior written consent of the
State. In the event the equipment is transferred within the five (5) year period, Grantee
agrees to pay the State, within 30 days, an amount equal to an amount determined by taking
the fair market value of the equipment at the time of disposal times the approved percentage
of the Project funded by this Grant Agreement.
13. Grantee will submit, if requested, within ten (10) working days of the end of a quarter, on a
form provided by the State, a status report detailing the progress, operations, and financial
condition of the Project and its facilities, which reports may include the entire construction
and operation of the Project and all revenues and expenditures of the Project.
14. If the Grantee's financial statements for the grant period are not audited and the grant is for
more than $250,000 dollars, the Grantee agrees to have a final project audit performed. The
final project audit or audited financial statements covering the grant period shall be
submitted to the Department of Agriculture and Natural Resources within 15 days of
issuance or acceptance by either the Department of Legislative Audit or issuance by a
qualified independent accountant duly licensed in the State of South Dakota. The scope of
the required final project audit is detailed in Exhibit B.
15. Grantee will insure that all land surveys are conducted by a land surveyor registered in th
State of South Dakota, and that the final plans and specifications are prepared under th
supervision of a professional architect or engineer licensed and registered in the State o
South Dakota.
16. Grantee will maintain an acceptance certificate completed by the architect or engineer in
charge of the Project in the Grantee's files.
17. The Grantee shall at all times during the term of this Grant Agreement keep and maintain
property and casualty insurance, workers compensation, and liability insurance with
insurers licensed to do business in the State, or risk pool coverage programs described in
SI CL chapter 3-22, against such risks and in such amounts as are customary in the State
for entities of the same or similar size and type as the Grantee, and similarly situated with
facilities of the Project's type, and provide proof of such coverage to the State. In the
event of cancellation of coverage the Grantee will promptly obtain replacement insurance
with the same or substantially similar coverage and provide proof of such coverage to the
State. In the event of a substantial change in insurance, issuance of a new policy,
renewal, replacement, or changes in coverage, the Grantee will promptly provide written
notice of such changes to the State and provide a new certificate of insurance showing
continuous coverage in the amounts required.
18. Grantee agrees to indemnify and hold the State, its officers, agents, employees, assigns and
successors in interest harmless from any and all claims or liability of any kind or
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Adopted September 2016
character whatsoever arising from or connected with the construction, operation, or
maintenance of the Project funded herein, provided that nothing herein requires the
Grantee to indemnify the State for its own acts or omissions.
19. Grantee certifies, by signing this agreement, that:
a. A conflict of interest policy is enforced within the Grantee's organization-,
b. Internal Revenue Service Form 990 has been or will be filed, if applicable, in
compliance with federal law, and will be displayed immediately after filing on the
Grantee's website or if Grantee does not maintain a website a copy of the form
will be sent to the State;
C. An effective internal control system is employed by the Grantee's
organization; and
d. Grantee is in compliance with the federal Single Audit Act, if applicable, in
compliance with SDCL 4-11-2.1, and that audits are displayed on the Grantee's
website or if Grantee does not maintain a website copies of the audits will be sent
to the State.
If Grantee is a non -state agency they, agree to disclose to the State, in writing, any
conflicts of interest that exist under the Grantee's conflict of interest policy. The State
will publically post any disclosed conflicts of interest along with the corresponding grant
agreement on the OpenSD website.
20. Prior to the disbursement of ftmds, Grantee will provide the State with the written opinion of
an attorney duly licensed to practice law in the State of South Dakota, said opinion
certifying that, if applicable:
a. The Grantee is a duly organized and existing legal entity under State law, has
the legal power to enter into this Grant Agreement both as a matter of State law
and according to its enabling documents, and its governing board has duly
authorized these transactions by appropriate resolutions;
b. The Grantee, has acquired or will acquire the real property necessary for the
construction of the Project, together with those rights-of-way, easements, permits,
and licenses necessary for the construction, operation and maintenance of the
Project; the legal instruments evidencing that acquisition are in appropriate and
due legal form and adequately confer upon the Grantee the necessary rights for
the construction, operation and maintenance of the Project; such omissions or
defects as may exist will in no substantial way or manner endanger the value or
operation of the Project and its facilities; and those legal instruments have been
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Adopted September 2016
duly and properly recorded in the appropriate public land records of each county
in which any land affected thereby is situated; and,
c. There is no action, suit, proceeding, inquiry or investigation at law or in equity,
by or before any judicial or administrative court, agency or body, pending or
threatened against the Grantee or the Project, wherein an unfavorable decision,
ruling, or finding would materially adversely affect the validity or enforceability
of this Grant Agreement, or would materially adversely affect the ability of the
Grantee to comply With its obligations under this gran t'Agreement.
21. In the event the Grantee fails or refuses to perform any covenants or agreements
hereunder on Grantee's part made and entered into, or in the event of an improper use of
grant funds hereunder, or in the event of the failure of the Grantee to promptly pay, when
due, any taxes, charges, liens, assessments, or encumbrances, or in the event of the
insolvency of the Grantee, the State may at its option declare this Grant Agreement to be
in default and shall provide Grantee with written notice of such default. If such default
has not been cured, or if a written plan to correct such default acceptable to the State has
not been submitted to the State within thirty (3 0) days of Grantee's receipt of written
notice thereof, the State at its sole option, may cancel this Grant Agreement, and Grantee
shall be obligated to reimburse the State for any grant funds therefore expended by or for the
benefit of Grantee, or any part thereof, and if not promptly paid the State may pursue any
rights and remedies under any applicable laws or regulations. Grantee agrees to pay the
State an amount equal to the costs and expenses, including reasonable expert and
attorney's fees, incurred by the State in enforcing its rights under this Grant Agreement.
22. The rights and remedies herein conferred upon the State shall be cumulative and not
alternative and shall be in addition and not in substitution of or in derogation of rights and
remedies conferred by any other agreements between the parties hereto or by any
applicable law. The failure of the State to enforce strict performance of any covenant,
promise, or condition herein contained, including timely payments due hereunder, shall
not operate as a waiver of the right of the State thereafter to require that the terms hereof
be strictly performed according to the tenor thereof.
23. This Grant Agreement, or any part thereof, or the benefits to be received hereunder, shall not
be assigned, transferred, or otherwise disposed of to any person, firm, corporation, or other
entity by Grantee without the express prior written consent of the State.
24. Any notice or other communication required under this Grant Agreement shall be in
writing and sent to the address set forth in this Grant Agreement. Notices shall be given
by and to the Secretary, DANR on behalf of the State, and by and to the Designated
Official executing the Funding Agreement on behalf of the Grantee, or such authorized
designees as either party may from time to time designate in writing. Notices or
communications to or between the parties shall be deemed to have been delivered when
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Adopted September 2016
mailed by first class mail, provided that notice of default or termination shall be sent by
registered or certified mail, or, if personally delivered, when received by such party.
25. In the event that any provision of this Grant Agreement shall be held unenforceable or
invalid by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof
26. All other prior discussions, communications and representations concerning the subject
matter of the Grant are superseded by the terms of this Grant Agreement, and except as
specifically provided herein, this Grant Agreement constitutes the entire agreement with
respect to the subject matter hereof.
27. This Grant Agreement shall be governed by and construed in accordance with the laws of
the State of South Dakota. Any lawsuit pertaining to or affecting this Grant Agreement
shall be venued in Circuit Court, Sixth Judicial Circuit., Hughes County, South Dakota.
28. This Grant Agreement may not be amended except in writing, which writing shall be
expressly identified as a part hereof or thereof, and which writing will be signed by an
authorized representative of each of the parties. No provision stated herein shall be waived
without the prior written consent of the State.
29. Time is of the essence in 'the performance of 'the covenants, terms and conditions
contained in this Grant Agreement. This Grant Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective transferees, successors and
assigns.
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Adopted September 2016
a
IMIM
All recipients of a grant of more than $250,000 who do not have their financial statements
audited during the grant period must have a final Project audit performed by a qualified
independent accountant duly licensed in the State of South Dakota. The final project audit or
audited financial statements covering the grant period shall be submitted to the Department of
Agriculture and Natural Resources within 15 days of issuance or acceptance by either the
Department of Legislative Audit or issuance by a qualified independent accountant duly licensed in
the State of South Dakota.
The scope of the audit will include:
1) Compliance with federal, state and local laws, regulations, ordinances and permits
applicable to the construction, operation, and maintenance of the Project;
2) Documentation of all sources of revenue for the Project and all Project costs to include
allocation of costs by revenue source; and
3) An Acceptance Certificate completed by the architect or engineer of the Project.
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Adopted September 2016