HomeMy WebLinkAboutResolution 2009 (27) Resolution Authorizing Participation in the Wisconsin Community Development
Block Grant for Economic Development Program
RESOLUTION NO. d7 (e 06 GO
St. Croix County, Wisconsin
WHEREAS, Federal monies are available under the Wisconsin Community
Development Block Grant program, administered by the State of Wisconsin, Department
of Commerce, for the purpose of economic development; and
WHEREAS, after public meeting and due consideration, the St. Croix County
Economic Development Committee has recommended that an application be submitted to
the State of Wisconsin for the following project:
Loan to Engineered Propulsion Systems, Inc. for expansion in the City
of New Richmond
WHEREAS, it is necessary for the St. Croix County Board to approve the
preparation and filing of an application for the County to receive funds from this
program; and
WHEREAS, the Wisconsin Department of Commerce has reviewed the need for
the proposed project and the benefits to be gained there from.
NOW, THEREFORE, BE IT RESOLVED that the St. Croix County Board of
Supervisors does approve and authorize the preparation and filing of an application for
the above named project.
BE IT FURTHER RESOLVED that the St. Croix County Board Chair is hereby
authorized to sign all necessary documents on behalf of the County.
BE IT FURTHER RESOLVED that authority is hereby granted to the St. Croix
County Administrative Coordinator to take the necessary steps to prepare and file the
appropriate application for funds under this program in accordance with this resolution.
BE IT FURTHER RESOLVED that St. Croix County authorizes the grant award
to be deposited in a "Regional Community Development Clearinghouse Account ",
managed by the West Central Wisconsin Regional Planning Commission, for the sole
purpose of disbursing CDBG funds on St. Croix County's behalf.
BE IT FURTHER RESOLVED that the County will contract with the West
Central Wisconsin Regional Planning Commission to administer the grant for an amount
not to exceed the funds provided by the grant for administration.
Offered by the Finance Committee
YES NO ABSTAIN ABSENT SUPERVISOR SIGNATURE
E ❑ ❑ Daryl Standafer
Ed ❑ ❑ ❑ Esther Wentz
Sharon Norton-
❑ Et Bauman —4011"/..
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❑ ❑ Clarence Malick
E U ❑ David Peterson �--
9 ^ O This Resolution was a.opted by the St. Croix County Board
Reviewed as to form on / of Supervisors on Az
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Greg Ti erman, Corporation Counsel Cindy Campbell, County Clerk
Administrative Services Agreement
Between St. Croix County
and the
West Central Wisconsin Regional Planning Commission
1. Introduction
This agreement is entered into by and between the West Central Wisconsin Regional Planning Commission
(hereinafter referred to as the Commission) and St. Croix County, Wisconsin (hereinafter referred to as the
County).
Witnesseth That:
WHEREAS, the Commission is a regional planning agency duly constituted pursuant to the provisions of
Section 66.945, Wisconsin Statutes, that is authorized to enter into contracts to provide technical planning
assistance to local governments and/or private entities; and
WHEREAS, the County has been awarded a Community Development Block Grant (CDBG) by the
Wisconsin Department of Commerce (DOC); and
WHEREAS, the County has determined that, in order to operate its CDBG program in an efficient,
economical, and effective manner, it is necessary to procure professional administrative and grant management
services.
NOW, THEREFORE, in consideration of the mutual covenants and agreements as hereinafter set forth, the
parties to this agreement do hereby agree to the following:
fi. Scope of Services to be Performed by the Commission
The Commission will have the primary responsibility and will perform the following administrative functions:
A. Obtain the release of CDBG funds and provide assistance to the County Clerk in establishing the
grant account.
B. Negotiate grant/loan agreement between DOC, the County, and Engineered Propulsion Systems, 'Inc.
C. Coordinate CDBG activities between the DOC field representatives, the County, and Engineered
Propulsion Systems, Inc.
D. Maintain records, prepare interim reports and .program close -out reports.
E. Verify employment creation by business.
F. Provide on -going grant administrative services as needed.
G. Monitor Engineered Propulsion Systems, Inc compliance with equal opportunity requirements, job
creation, expenditure of private funds, and other federal and state rules concerning the use of federal
monies.
H. Prepare meeting notices.
III, Responsibilities of the County
A. The County will have final responsibility for compliance with all CDBG grant requirements as specified
in the grant/loan agreement with the Department of Commerce and Engineered Propulsion Systems,
Inc.
B. The County agrees that its officers, elected officials, employees and members of its assigned
committees will cooperate with Commission staff in the performance of the services specified in this
agreement. The County further agrees to make available files and records related to the
administration and operation of the CDBG program.
C. The County will be responsible for a single audit of the County records and for public meetings and
notices.
IV. Time Schedule
A. The aforementioned services and items of work will coincide with DOC contract, unless such period is
amended by mutual agreement between the parties to this agreement.
B. The Commission and the County shall reserve the right to cancel this agreement upon thirty (30) days
notice to either party if either party determines that the other party has not performed properly in any
substantial respect or if either party determines that the other party has failed, neglected or refused to
carry out the terms of this agreement.
V. Financial Payments
A. It is expressly agreed by and between the parties to this agreement that the aforementioned services
will be provided at a cost not to exceed $6,000.00 unless mutually agreed upon by both parties.
B. Payments will be made to the Commission by the County in response to invoices submitted by the
Commission.
C. The services to be completed by the Commission under this agreement shall be performed in a
reasonable and professional manner, acceptable to the County and its staff.
D. In the event that the County decides to discontinue work on the contract before its completion, due to
no fault on the part of the Commission, the Commission will charge the County only for work
completed.
VI. Miscellaneous Provisions
A. It is hereby understood and agreed upon by both parties thereto that this agreement is as and for the
provision of certain, defined services, as set forth in Section II. In this respect and in its capacity
under this agreement, the Commission and its employees, agents and officers are performing on an
independent contractor basis and in no event shall the Commission, its agents, employees or officers
be considered to constitute agents, employees, or officers of the County.
B. The Commission shall not assign, transfer or subcontract this agreement without the approval of the
County.
C. This agreement may be modified or amended in writing by mutual agreement of the Commission and
the County.
D. The Commission shall furnish full workman's compensation coverage for all Commission employees.
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E. In the event that any problems or disputes arise as to the nature of the obligations enumerated within
this agreement or as to the quantity and quality of performance, the parties shall first attempt to
resolve the said dispute by arranging for a conference to be held for that purpose. In the event that
resolution is not effectuated in such manner, the parties hereby agree to submit the problem or
dispute to binding arbitration before an arbitrator to be mutually agreed upon by the parties hereto.
F. The County and the Commission certify that no payment of money or any form of consideration has
been offered to or given to a County employee for the purpose of procuring this agreement.
G. Compliance with Title VI of the Civil Rights Act of 1964 and the Civil Rights Restoration Act of
1987. No person shall, on the grounds of race, color, national origin, or sex be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program or
activity.
H. Section 109 of the Housing and Community Development Act of 1974. No person in the United
States shall, on the grounds of race, color, national origin, sex, age or handicap be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program or
activity funded in whole or in part with funds made available under this title.
Section 3 of the Housing and Urban Development Act of 1968. "The work to be performed under
this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that
employment and other economic opportunities generated by HUD assistance or HUD - assisted
projects covered by Section 3, shall to the greatest extent feasible, be directed to low- and very low-
income persons, particularly persons who are recipients of HUD assistance for housing.
"The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which
implement Section 3. As evidenced by their execution of this contract, the parties to this contract
certify that they are under no contractual or other impediment that would prevent them from complying
with the part 135 regulations.
"The contractor agrees to send to each labor organization or representative of workers with which the
contractor has a collective bargaining agreement or other understanding, if any, a notice advising the
labor organization or workers' representative of the contractor's commitments under this Section 3
clause, and will post copies of the notice in conspicuous places at the work site where both employees
and applicants for training and employment positions can see the notice. The notice shall describe
the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and the name and location of the
person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
"The contractor agrees to include this Section 3 clause in every subcontract subject to compliance
with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an
applicable provision of the subcontract or in this Section 3 clause upon a finding that the
subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract
with any subcontractor where the contractor has notice or knowledge that the subcontractor has been
found in violation of the regulations in 24 CFR part 135.
"The contractor will certify that any vacant employment positions, including training positions, that are
filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other
than those to whom the regulations of 24 CFR part 135 require employment opportunities to be
directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135.
"Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of
this contract for default, and debarment or suspension from future HUD - assisted contracts.
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With respect to work performed in connection with Section 3 covered Indian housing assistance,
Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also
applies to the work to be performed under this contract. Section 7(b) require that to the greatest
extent feasible: (i) preference and opportunities for training and employment shall be given to Indians;
and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations
and Indian -Owned Economic Enterprises. Parties to this contract that are subject to the provisions of
Section 3 and Section 7(b) agree to comply with Section 3 to maximum extent feasible, but not in
derogation of compliance with Section 7(b)."
J. All communications to the Commission concerning the terms and /or performance under this
agreement shall be made to Ann Raid, and all communication pertaining hereto to the County shall be
made to Sue Nelson, County Clerk.
K. Each person signing this agreement personally warrants and represents that he or she is duly
authorized and empowered to enter into this agreement.
IN WITNESS WHEREOF, the County of St. Croix and the West Central Wisconsin Regional Planning
Commission execute this agreement.
West Central Wisconsin Regional
County of St. Croix Planning Commission
Roger �ebholz, Chair 4 Jes- -r, Chair
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Cindy Campbell', Clerk Richard Creaser, Secretary/Treasurer
-ZZ v ¶ y � _ V 9
Date Date
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Wisconsin Department of Commerce
CDBG -ED Depository Certification and Financial Management Designation
Engineered Propulsion
Business Name: systems, Inc. Municipality Name: st. Croix county
SECTION 1
The Roval Credit Union, P.O. Box 970. Eau Claire. WI 54702 has been designated as a certified
depository for funds from the CDBG -ED contract executed between the Wisconsin Department of Commerce
and the _ _ County of St. Croix .
These funds will be deposited into the West Central Wisconsin Regional Planning Commission checking
account no. 912368107 Withdrawals or checks written from this checking account will require the
authorization of two of the following persons.
1) Gerald L Chasteen, Executive Director
2) Esther Moen, Finance Manager
3) Lisa K. Ruth, Office Manager
x Z Roger Rebholz Chair -�Z -
(Srgrt true C;hietElected fatj (Ty d lYame} (7 le) (Date)
SECTION 11
Financial Management Contact Person: Esther Moen
Address: West Central Wi RPC. 800 Wisconsin. Street, Mail Box 9, Eau Claire, WI 54703
Phone: 715-836-2918 Fax: 715436 -2886 Email: emaen(€' wcwrpc.orq
SECTION 11-
The account in Section I has been established with this financial institution. AU necessary documentation to
legally enable this financial institution to receive direct deposits to this checking account without the payee's
endorsement is in this financial institution's custody. All deposits are insured by NCUA up to the maximum
federal requirement. The funds will be deposited the same day as received and notification of such deposit will
be via the payee's internet access to the account.
X _ ,�4Y) Lisa M, Whitted Bain-; s � r�Ppr ttn c 9/27/07
(Signature ofFfrr lns. Contact Person) (Typed Name) (The) Coordinator Pak)
ROYAL CREDIT UNION
DETERMINATION OF EXEMPTION
1. Project Name: Loan to ENGINEERED PROPULSION SYSTEMS, INC.(St.
Croix County CDBG -ED)
2. Complete Project Description: (describe all activities from all funding
sources):
St. Croix County may apply for $606,000 of CDBG funds and would lend
$600,000 to Engineered Propulsion Systems, Inc. for research and development to
expand their business in the City of New Richmond, St. Croix County, Wisconsin.
The total project cost is approximately $41.7 million. The private matching funds
will be provided by equity investor(s). The business is expected to retain 3
existing full -time position and create 127 new full-time jobs as a result of the
project. The loan may be foregiven subject to a capital investment of $41.5
million, the creation and retention of at least 127 new full -time positions in New
Richmond Wisconsin as measured on December 31, 2018.
3.a. This project has been determined to be exempt by definition under
58.34(a) .
or
3.b. This project has been determined to be categorically excluded and not
subject to 583 under 58.34 (b) (4) .
or
3.c. This project was initially determined to be categorically excluded subject to
58.5 under 24 CFR Part 58.35(a) . After coordinating with other
laws and authorities, it has been determined that this project does not have
an impact. Therefore, a determination has been made that this project is
exempt from further environmental review in accordance with 24 CFR Part
5834(a)(12).
4. Date: 1 - Z 2- 0
5. Signature of the Chief Elected Official: 1 .
s
Roger Rebholz, County Board Chair
St. Croix County Government Center
1101 Carmichael Road
Hudson, WI 54016
Telephone 715 - 386 -4609
LOBBYING CERTIFICATION FROM THE MUNICIPALITY
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No federal 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 an agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member 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.
2. If any funds other than federal appropriated funds have been paid or will be paid
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, or an
employee of a Member of Congress in connection with this federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete standard
Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that
all subreciepients shall certify and disclose accordingly.
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
prerequisite for making or entering into this transaction imposed by section 1352, 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.
e ir ga l Roger hotz, County oard Chair (Date)
ST. CROIX COUNTY
STATEMENT OF ASSURANCES FROM THE MUNICIPALITY
1, Roger Rebholz, County of St. Croix, certify that the County of St. Croix:
1. Will develop and implement a citizen participation plan in accordance with the
provisions of Sec 104 (a) (3) of the Housing and Community Development Act of
1974 as amended.
2. Will take action that affirmatively furthers fair housing;
3. Will conduct and administer its program in conformance with Title VI and Title
VIII of the Civil Rights Act, Section 109 of the Housing and Community
Development Act, Executive Orders 11063 and 11246, Section 3 of the Housing
and Urban Development Act, and OMB Circular A -102.
4. Has identified its housing and community development needs, including those of
low -and moderate - income persons, and the activities to be undertaken to meet
such needs.
5. Has determined that this project will cause not displacement as defined under
relevant relocation laws.
6. Has not utilized its authority of eminent domain in acquiring real property for this
project as defined under relevant acquisition and eminent domain laws.
7. Will comply with 24CFR 570.608 regarding notification, inspection, testing, and
abatement procedures concerning lead -based paint.
8. Will comply with the other provisions of the Community Development Block
Grant program.
9. Will adopt and enforce a policy prohibiting use of excessive force by law
enforcement agencies within its jurisdiction against any individuals engaged in
nonviolent civil rights demonstrations in accordance with Section 519 of Public
Law 101 -144.
10. Will maintain documentation of compliance with the above certifications and all
requirements under the CDBG program.
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Roge 4 ' ebholz, Coun •,;; oard Chair (Date)
ST. CROIX COUNTY