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HomeMy WebLinkAbout72-93 RESOLUTION1 e9 • • • • RESOLUTION NO. 72-93 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT AGREEMENT IN WHICH THE ARKANSAS INDUSTRIAL DEVELOPMENT COMMISSION IS AWARDING A $500,000 GRANT TO PROVIDE ASSISTANCE IN THE PLANT EXPANSION OF SUPERIOR INDUSTRIES INTERNATIONAL OF FAYETTEVILLE; ALLOWING THE CITY TO ACCEPT THE GRANT ON SUPERIOR'S BEHALF AND APPROVAL OF A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized to execute the grant agreement in which the Arkansas Industrial Development Commission is awarding a $500,000 grant to provide assistance in the plant expansion to Superior Industries International of Fayetteville; and allows the City to accept the grant on Superior's behalf for distribution. A copy of the Grant is attached hereto marked Exhibit "A" and made a part hereof. 5ffidlnn2. The Council hereby approves the budget adjustment to allow the recording of revenue and expense accounts transactions. A copy of the budget adjustment is attached hereto and made a part hereof. PASSED AND APPROVED this _fiSk day of July , 1993. ATTEST: BY: 121/if _ 1L / berry L! Thomas, City Clerk APPROVED: BY: • City of Fayetteville, Arkansas Budget Adjustment Form • Budget Year \993 Department. Division: Program: JM.i .41 1 qtY Date Requested (D-1-1-93 Adjustment # Project or Item Requested:: e(osi.•fion o4 AA {eta( Greek 1N {L."� Ckc.gk- JF dSoo,o00 44+ ...I% 45-S,* 3„dosalses 6i is 'ir eapawstoA e$fwl Project or ]tem Deleted: Norte Just illcuion of this Increase: e C.i♦y J- tgyelkv Ile eite�.i:veiy Ac4n.� 4S Q Caul J.} ss kWv k4s ¶.4- eev2HMC �pv K },04Js}KS ns Guys? leka• -k'.r s;y nio.. rs:Zir ir •S Justification of this Decrease: N /A Increase Account Name Amount Account Number Project Number mak (.nests Ec.o.b.,:er Deo ( w SOO,060 5140 a9ry 307 00 Soe,oao 504o 9190 Decrease Account Name Amount Account Number Project Number Approval Signatures 6-17-53 Requested V Budget Coordinator Department Director A Mayo Budget Office Use Only Type: A B C D E Date of Approval Posted to General Ledger Entered inEategoryLog Budget Office Copy • ro ^ ...-i1m j\N� i �lllllllll4llllllllll s hriu;,'� July 9, 1993 The Honorable Fred Hanna Mayor of Fayetteville 113 W. Mountain Fayetteville, AR 72701 RE: EIF #9302 Dear Mayor Hanna: Enclosed is your copy of the signed Grant Agreement. Please place this agreement in your files. If you have any questions, please contact me at 682-7697. Sincerely, ^ ig( David Nevala Project Developer DN:dh Enclosure cc: Brian Swain, City of Fayetteville rf—IA -60 Arkansas Industrial Development Commission One State Capitol Mall / Little Rock, Arkansas USA 72201 (501) 682-1121 / FAX (501) 682-7341 • • ECONOMIC INFRASTRUCTURE FUND GRANT PROGRAM GRANT AGREEMENT REC E ': COMP- i:U,TV JUL 0 9 1993 AIDC Grantor: Arkansas Industrial Development Commission #1 Capitol Mall, Room 4B 210 Little Rock, AR 72201 501-682-1211 PART I Signatory Page Grantee #: Name • Address . County • EIF 9302 City of Fayetteville 113 West Mountain Fayetteville, AR 72701 Washington Telephone: (501) 521-7700 1. This Grant Agreement, is entered into by the Arkansas Industrial Development Commission, Grantor, and City of Fayetteville. Grantee, for the purpose of providing funds to Grantee to undertake public works projects which support private sector job creation opportunities pursuant to Act 442 of 1991 and/or Act 1205 of 1991 and their successors. The Grantee agrees to initiate and complete a public works project in accordance with the terms of this Grant Agreement. 2 The Grantee further warrants it will conduct and administer the grant in accordance with this Agreement and all applicable State laws and regulations. ARKANSAS INDUSTRIAL DEVELOPMENT COMMISSION BY: v� gnature Dave Harrington Name Name Executive Director Mayor of Fayetteville Title Title 7-7-93 CITY OF/ F�71 TTEVILLE/ BY: � Sigr{ature Fred Hanna 111453 Date Date • • • PART II - GRANT AGREEMENT GENERAL TERMS AND CONDITIONS In consideration of the general terms and conditions hereinafter contained, the Grantor and the Grantee agree as follows: 1. COMPENSATION AND METHOD OE PAYMENT. The Grantor will utilize a grant request for payment procedure and will authorize the Grantee to draw up to 8500.000 against a Grant Award through the State Treasury, consistent with all fiscal requirements stipulated herein. The Grantee may request and receive authorized grant funds by submitting appropriate forms and documentation, subject to approval by the Grantor, for payments of allowable expenses incurred by the Grantee while undertaking approved project activities in accordance with this Grant Agreement. These expenses must be identified by line item categories which correspond to the line item categories on this Grant Agreement's Scope of Work -Budget. Requisitions will be mailed to the Grantor, and the Grantor will review and approve the requisitions before issuing Payment to the Grantee. It is expressly understood that Grantor will honor requests for payment and disburse funds only to the extent that funds have been released to Grantor therefore, consistent with the requirements of the General Accounting and Budgetary Procedures Law, the Revenue Stabilization Law and any other applicable fiscal control laws and regulations promulgated by the Department of Finance and Administration. 2. LEGAL AUTHORITY. By signing the Grant Agreement Document's Signatory Sheet, the Grantee certifies that it possesses legal authority to accept grant funds and to execute the project described in this Grant Agreement. This act of signing will also certify that the Grantee will comply with all parts of this Agreement. 3 WAIVERS. No conditions or provisions of this Grant Agreement may be waived unless approved by the Grantor, in writing. 4. ASSIGNABILITY. The Grantee will not assign any interest in this Grant Agreement and will not transfer any interest in the same (whether by assignment or novation). 5. SPECIAL CONDITIONS. The Grantee will comply with all special conditions and attachments incorporated herein to this grant award. Compliance approval and clearance of special conditions will be given by the Grantor in writing after receipt and review of evidence of compliance from the Grantee. Official notification of a special condition and the Grantor's approval and/or clearance of special conditions must be retained by the Grantee in its files. 6. FINANCIAL MANAGEMENT AND ACCOUNTING. The Grantee will establish and maintain a financial management and accounting system which conforms to generally accepted accounting principles and compile. with all applicable State requirements. 7. ALLOWABLE COSTS. All costs necessary to carry out the eligible activities in the project must be consistent with and not exceed the limitations imposed by special conditions, scope of work and budget. 8. )AMENDMENTS $ND MODIFICATIONS. The Grantor will consider project amendments if they are necessitated by actions beyond the control of a Grantee. The Grantee may request or the Grantor may require an amendment or modification of the Grant Agreement. However, such amendment or modification will not take effect until approved, in writing, by the Grantor. The Grantee must request prior approval for all amendments or modifications. Amendments will not be approved which would materially alter the circumstances under which the grant was originally funded. 9. RECORD SEEPING. The Grantee agrees to keep such records as the Grantor may require. All such records, and other records pertinent to the grant and work undertaken as part of the project, will be retained by the Grantee for a period of three years after the final audit of the program. 10. ACCESS 12 RECORDS. The Grantor and duly authorized officials of the State will have full access and the right to examine any pertinent documents, papers, records, and books of the Grantee and of persons or organizations with which the Grantee may contract, which involve transactions related to this Grant Agreement. The Grantee's contract with other persons or organizations must specifically provide for the Grantor's access to documents as provided herein. 11. REPORTS. The Grantee, at such times and in such forms as the Grantor may require, will furnish the Grantor with such periodic reports as it may request pertaining to the activities undertaken pursuant to this Grant Agreement, the costs and obligations incurred in connection therewith, and any other matters covered by this Grant Agreement. 12. OBLIGATIONS REGARDING THIRD PARTY RELATIONSHIPS. The Grantee will remain fully obligated under the provisions of the Grant Agreement notwithstanding its designation of any third party or parties for the undertaking of all or any part of the project described herein. Any subcontractor which is not the Grantee will comply with all lawful requirements of the Grantee necessary to ensure that the project is carried out in accordance with the provisions of this Grant Agreement. The Grantee shall secure all such services in accordance with applicable State law and the provisions of this Grant Agreement, and shall notify the Grantor, in writing, of the method utilized to secure services, the name and address of the service provider(s), the scope of work anticipated and the terms of compensation. • • • • • 13. CONFLICT gf INTEREST. No officer or employee of the Grantor, no member, officer, or employee of the Grantee or its designees or agents, no member of the governing body of the jurisdiction in which the project is undertaken or located and no other official of such locality or localities who exercises any functions or responsibilities with respect to the project during his tenure, will have any personal or pecuniary gain or interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this agreement. The Grantee will incorporate, or cause to incorporate, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose of this provision. The Grantor reserves the right to waive certain provisions of this clause in the event of a situation, once justified as unavoidable by the Grantee, and approved by the Grantor which necessitates such a waiver. 14. POLITICAL ACTIVITY. No portion of the funds provided hereunder will be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. 15. NOTICES. The Grantee will comply with all public notices or notices to individuals required by applicable State laws. 16. PROHIBITION AGAINST PAYMENTS OF BONUS gfl COMMISSION. The assistance provided under this Grant Agreement will not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Grant Agreement. 17. TERMINATION fl MUTUAL AGREEMENT. This Grant Agreement may be terminated, in whole or in part, prior to the completion of project activities when the Grantor determines that continuation is not feasible or would not produce beneficial results commensurate with the further expenditure of funds. The Grantee will not incur new obligations for the terminated portion after the effective date, and will cancel as many outstanding obligations as possible. The Grantor will make funds available to the Grantee to pay for allowable expenses incurred before the effective date of termination. 18. TERMINATION FOR CAUSE. If the Grantee fails to comply with the terms of the Grant Agreement, or fails to use the grant for only those purposes set forth herein, the Grantor may: (a) Suspend Grant Payments - After notice to the Grantee, suspend the grant and withhold any further payment or prohibit the Grantee from incurring additional obligations of grant funds, pending corrective action by the Grantee or a decision to terminate by the Grantor. (b) Terminate in toto - Terminate the grant in whole, or in part at any time before the final grant payment is made. The Grantor will promptly notify the Grantee in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. • • • Payments made to the Grantee or recoveries by the Grantor will be in accordance with the legal rights and liabilities of the parties. 19. EECOVERT Qt mos. In the event of a default or violation of the terms of the Grant Agreement by the Grantee, the Grantor may institute actions to recover all or part of the proper funds paid to the Grantee. 20. DISPUTES. Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of by provision of the Grant Agreement, will be decided by the Grantor which will reduce its decision to writing and mail or otherwise furnish a copy thereof to the Grantee. The decision of the Grantor will be final and conclusive. This does not preclude the consideration of questions of law in connection with decisions provided for in the preceding paragraph; provided that nothing in this Grant Agreement will be construed as making final the decision of any administrative official, representative, or board on a question of law. 21. INDEMNIFICATION. The Grantee will defend, protect, and save harmless the Grantor from and against all claims, suits, and actions arising from any act or omission of the Grantee or any employee or agents of either in the performance of this Grant Agreement. 22. SEVERABILITY. If any provision under this Grant Agreement or its application to any person or circumstances is held invalid by any court of competent jurisdiction, this invalidity does not affect other provisions of the Grant Agreement which can be given effect without the invalid provision. 23. PERFORMANCE. The Grantor's failure to insist upon the strict performance of any provision of this contract or to exercise any right based upon breach thereof or the acceptance of any performance during such breach, will not constitute a waiver of any rights under this Grant Agreement. 24. ENFORCEMENT. If the Grantor determines that a Grantee's performance fails to meet the terms and conditions of its Grant Agreement, several courses of action may be pursued in order to resolve the problem. The Grantor may take any of the following actions, severally or in combination: Request additional information from the Grantee to verify the nature of inadequate performance; Conduct a site visit to examine pertinent records and recommend remedial cause of action; Issue a letter of warning, advising the Grantee of the deficiency, recommendations for corrections, date by which performance must be corrected and notice that more serious sanctions may be imposed if the situation continues or is repeated; • • • (d) Suspend funding of questioned activities until remedies are effected; (e) Require reimbursement of funds improperly spent; or (f) Refer the matter to the Attorney General of Arkansas with a recommendation that a civil action be instituted. 25. AUDIT. The Grantee will be responsible for the conduct of a financial and compliance audit within a reasonable period after completion of project activities. Such audit may be performed by a certified public accountant whose services are secured through open, competitive bidding process or during the course of an audit conducted by staff of the Legislative Joint Audit Committee. The Grantor reserves the right to recover any unspent or questioned balance of grant funds, if any, from the Grantee after final audit. 26. CLOSE-OUT. The Grantor will advise the Grantee to initiate close-out procedures when the Grantor determines, in consultation with the Grantee, that there are no impediments to close-out and that the following criteria have been met or soon will be met: (a) All costs to be paid with grant funds have been incurred with the exception of any unsettled third party claims against the Grantee. Costs are incurred when goods and services are received and/or contract work is performed; (b) The last required progress report has been submitted. The Grantee's failure to submit or update will not preclude the Grantor from effecting close-out if it is deemed to be in the State's interest. Any excess grant amount which may be in the Grantee's possession will be returned in the event of the Grantee's failure to furnish or update the report; and (c) Other responsibilities of the Grantee under this Grant Agreement and any close-out agreement, and applicable laws and regulations appear to have been carried out satisfactorily or there is no further State interest in keeping the grant open for the purpose of securing performance. 27. The Grantee agrees, as a condition of receiving grant assistance, to abide by and adhere to any policy directives, rules, regulations or other requirements which may be issued from time to time by the Grantor, and which in the opinion of the Grantor are necessary to efficient or legal execution of the project. • • • PART III SCOPE OF WORK, SPECIAL CONDITIONS, BUDGET AND PROJECT SCHEDULE SECTION A - SCOPE OF WORK Grantee: City of Fayetteville Amendment 1 N/A Control 1: EIF 9302 Amendment Date N/A • The project described more fully herein, consists of a grant to the Grantee for the purpose of enabling Superior Industries International, Inc. (the "Company") to construct site improvements necessary to support its expansion in the Fayetteville Industrial Park. The location of all improvements are shown on the project map, which is attached hereto and incorporated herein by reference. The Company plans to create at least three hundred fifty (350) new jobs in support of the expansion, provided the above improvements can be provided by the Grantee. The cost of the expansion by the Company is estimated at $30 million. Construction The project consists of the following items: 1. Site preparation for the expansion including grading for the building pad, parking lots, drives, and drainage. Estimated cost for site preparation is $280,000. 2. Construction of parking lot and drives. Estimated cost for this item is $195,000. 3 Construction of EPA required stormage improvements. Estimated cost of this item is $45,000. Up to $500,000 in grant funds may be used to pay for all or part of the above improvements. Grantee will reimburse Company for the above listed improvements upon receipt of paid invoices from the Company. Only those improvements listed above are eligible for reimbursement from the Grantee. • SECTION B - SPECIAL CONDITIONS Grantee: City gf Fayetteville Control ,f: EIF 9302 1. The Grantee shall insure that all Requests for Payment are accompanied by pay estimates which have been approved and paid by the Company. Pay estimates and proof of payment must accompany the Request for Payment before Grantor will honor the Request. 2. The Grantee must conduct an audit of the EIF grant funds at project completion and submit a copy of the audit to Grantor for review 3. Grantee must receive, from the Company, job creation information at the end of the project. Job creation information is to include, at a minimum: a. Total number of jobs on the Company payroll at the start of the project; b. Total number of jobs on the Company payroll at the end of the project; c. General categories of jobs that were created as a result of the project. SECTION C - BUDGET Grantee: City of Fayetteville Control I: EIF 9302 Category: Housing Activity: Economic pevelopment Multi -Purpose COST CLASSIFICATION Sub -Costs Construction TOTAL EIF Amendment I: N/A Amendment DATE: N/A Community Facility Source(s) of Funds 500,000 500,000 • • Planning Cost Classification Total 500,000 500,000 s ON NOiLV3O'I • ECONOMIC Grantor: Arkansas Industrial Development Commission #1 Capitol Mall, Room 4B 210 Little Rock, AR 72201 501-682-1211 ,..a,,Le4,0 P AIDC 44��a";' INFRASTRUCTURE FUND GRANT PROGRAM GRANT AGREEMENT PART I AMENDMENT 11 Signatory Page Grantee SL #: EIF-9302 • 72-93 Name : City of Fayetteville Address : 113 West Mountain Fayetteville, AR 72701 County : Washington Telephone: (501) 521-7700 1. This Grant Agreement, is entered into by the Arkansas Industrial Development Commission, Grantor, and City of Fayetteville. Grantee, for the purpose of providing funds to Grantee to undertake public works projects which support private sector job creation opportunities pursuant to Act 1125 of 1993 and its successors. The Grantee agrees to initiate and complete a public works project in accordance with the terms of this Grant Agreement. 2. The Grantee further warrants it will conduct and administer the grant in accordance with this Agreement and all applicable State laws and regulations. ARKANSAS INDUSTRIAL CITY OF FAYETTEVILLE DEVELOPMENT COMMISSION Grantee BY: 1'BY: Signature Del Boyette Name Executive Director Title Date Fred Hanna Name Mayor of Fayetteville Title JK►IS ui2't U IQQi l Date • • PART II - GRANT AGREEMENT GENERAL TERMS AND CONDITIONS 4 In consideration of the general terms and conditions hereinafter contained, the Grantor and the Grantee agree as follows: 1. COMPENSATION AND MLPHOD QF PAYMENT. The Grantor will utilize a grant request for payment procedure and will authorize the Grantee to draw up to S750.000 against a Grant Award through the State Treasury, consistent with all fiscal requirements stipulated herein. The Grantee may request and receive authorized grant funds by submitting appropriate forms and documentation, subject to approval by the Grantor, for payments of allowable expenses incurred by the Grantee while undertaking approved project activities in accordance with this Grant Agreement. These expenses must be identified by line item categories which correspond to the line item categories on this Grant Agreement's Scope of Work -Budget. Requisitions will be mailed to the Grantor, and the Grantor will review and approve the requisitions before issuing Payment to the Grantee. It is expressly understood that Grantor will honor requests for payment and disburse funds only to the extent that funds have been released to Grantor therefore, consistent with the requirements of the General Accounting and Budgetary Procedures Law, the Revenue Stabilization Law and any other applicable fiscal control laws and regulations promulgated by the Department of Finance and Administration. 2. LEGAL AO, . s . By signing the Grant Agreement Document's Signatory Sheet, the Grantee certifies that it possesses legal authority to accept grant funds and to execute the project described in this Grant Agreement. This act of signing will also certify that the Grantee will comply with all parts of this Agreement. 3. WAIVERS. No conditions or provisions of this Grant Agreement may be waived unless approved by the Grantor, in writing. 4. ASSIGNABILITY. The Grantee will not assign any interest in this Grant Agreement and will not transfer any interest in the same (whether by assignment or novation). 5. mama CONDITIONS. The Grantee will comply with all special conditions and attachments incorporated herein to this grant award. Compliance approval and clearance of special conditions will be given by the Grantor in writing after receipt and review of evidence of compliance from the Grantee. Official notification of a special condition and the Grantor's approval and/or clearance of special conditions gust be retained by the Grantee in its files. 6. FINANCIAL mum= ANQ ACCOUNTING. The Grantee will establish and maintain a financial management and accounting system which conforms to generally accepted accounting principles and complies with all applicable State requirements. 7. ALLOWABLE COSTS. All costs necessary to carry out the eligible activities in the project must be consistent with and not exceed the limitations imposed by special conditions, scope of work and budget. 8. AMENDMENTS AND ZIODIFICATIONS The Grantor will consider project amendments if they are necessitated by actions beyond the control of a Grantee. The Grantee may request or the Grantor may require an amendment or modification of the Grant Agreement. However, such amendment or modification will not take effect until approved, in writing, by the Grantor. The Grantee must request prior approval for all amendments or modifications. Amendments will not be approved which would materially alter the circumstances under which the grant was originally funded. 9. RECORD JCEEPING. The Grantee agrees to keep such records as the Grantor may require. All such records, and other records pertinent to the grant and work undertaken as part of the project, will be retained by the Grantee for a period of three years after the final audit of the program. 10. ACCESS IQ R QQRQa. The Grantor and duly authorized officials of the State will have full access and the right to examine any pertinent documents, papers, records, and books of the Grantee and of persons or organizations with which the Grantee may contract, which involve transactions related to this Grant Agreement. The Grantee's contract with other persons or organizations must specifically provide for the Grantor's access to documents as provided herein. 11. REPORTS. The Grantee, at such times and in such forms as the Grantor may require, will furnish the Grantor with such periodic reports as it may request pertaining to the activities undertaken pursuant to this Grant Agreement, the costs and obligations incurred in connection therewith, and any other matters covered by this Grant Agreement. 12 OBLIGATIONS REGARDING =HQ PARTY RELATIONSHIPS. The Grantee will remain fully obligated under the provisions of the Grant Agreement notwithstanding its designation of any third party or parties for the undertaking of all or any part of the project described herein. Any subcontractor which is not the Grantee will comply with all lawful requirements of the Grantee necessary to ensure that the project is carried out in accordance with the provisions of this Grant Agreement. The Grantee shall secure all such services in accordance with applicable State law and the provisions of this Grant Agreement, and shall notify the Grantor, in writing, of the method utilized to secure services, the name and address of the service provider(s), the scope of work anticipated and the terms of compensation. • • • • • • 13. CONFLICT Qf. INTEREST. No officer or employee of the Grantor, no member, officer, or employee of the Grantee or its designees or agents, no member of the governing body of the jurisdiction in which the project is undertaken or located and no other official of such locality or localities who exercises any functions or responsibilities with respect to the project during his tenure, will have any personal or pecuniary gain or interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this agreement. The Grantee will incorporate, or cause to incorporate, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose of this provision. The Grantor reserves the right to waive certain provisions of this clause in the event of a situation, once justified as unavoidable by the Grantee, and approved by the Grantor which necessitates such a waiver. 14. POLITICAL ACTIVITY. No portion of the funds provided hereunder will be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. 15. NOTICES. The Grantee will comply with all public notices or notices to individuals required by applicable State laws. 16 PROHIBITION AGAINST PAYMENTS QE Rows gig COMMISSION. The assistance provided under this Grant Agreement will not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Grant Agreement. 17. TERMINATIOIN 1Y MUTUAL AGREEMENT. This Grant Agreement may be terminated, in whole or in part, prior to the completion of project activities when the Grantor determines that continuation is not feasible or would not produce beneficial results commensurate with the further expenditure of funds. The Grantee will not incur new obligations for the terminated portion after the effective date, and will cancel as many outstanding obligations as possible. The Grantor will make funds available to the Grantee to pay for allowable expenses incurred before the effective date of termination. 18. TNATIQg F4& Sa►II.$Mi. If the Grantee fails to comply with the terms of the Grant Agreement, or fails to use the grant for only those purposes set forth herein, the Grantor may: (a) Suspend Grant Payments - After notice to the Grantee, suspend the grant and withhold any further payment or prohibit the Grantee from incurring additional obligations of grant funds, pending corrective action by the Grantee or a decision to terminate by the Grantor. (b) Terminate in toto - Terminate the grant in whole, or in part at any time before the final grant payment is made. The Grantor will promptly notify the Grantee in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. • • • Payments made to the Grantee or recoveries by the Grantor will be in accordance with the legal rights and liabilities of the parties. 19. RECOVERY Df FUNDS. In the event the terms of the Grant Agreement may institute actions to recover funds paid to the Grantee. 20. DISPUTES. Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of by provision of the Grant Agreement, will be decided by the Grantor which will reduce its decision to writing and mail or otherwise furnish a copy thereof to the Grantee. The decision of the Grantor will be final and conclusive. This does not preclude the consideration of questions of law in connection with decisions provided for in the preceding paragraph; provided that nothing in this Grant Agreement will be construed as making final the decision of any administrative official, representative, or board on a question of law. of a default or violation of by the Grantee, the Grantor all or part of the proper 21. INDEMNIFICATION. The Grantee will defend, protect, and save harmless the Grantor from and against all claims, suits, and actions arising from any act or omission of the Grantee or any employee or agents of either in the performance of this Grant Agreement. However, this clause shall not be construed to waive A.C.A. § 21-9-301 (1991 supp.). 22. SEVERABILITY. If any provision under this Grant Agreement or its application to any person or circumstances is held invalid by any court of competent jurisdiction, this invalidity does not affect other provisions of the Grant Agreement which can be given effect without the invalid provision. 23. PERFORMANCE. The Grantor's failure to insist upon the strict performance of any provision of this contract or to exercise any right based upon breach thereof or the acceptance of any performance during such breach, will not constitute a waiver of any rights under this Grant Agreement. 24. MORCEMENT. If the Grantor determines that a Grantee's performance fails to meet the terms and conditions of its Grant Agreement, several courses of action may be pursued in order to resolve the problem. The Grantor may take any of the following actions, severally or in combination: (a) Request additional information from the Grantee to verify (b) Conduct a site visit to examine pertinent records and recommend remedial cause of action; the nature of inadequate performance; (c) Issue a letter of warning, advising the Grantee of the deficiency, recommendations for corrections, date by which performance must be corrected and notice that more serious sanctions may be imposed if the situation continues or is repeated; • • • • (d) Suspend funding of questioned activities until remedies are effected; • (e) Require reimbursement of funds improperly spent; or (f) Refer the matter to the Attorney General of Arkansas with a recommendation that a civil action be instituted. 25. AUDIT. The Grantee will be responsible for the conduct of a financial and compliance audit within a reasonable period after completion of project activities. Such audit may be performed by a certified public accountant whose services are secured through open, competitive bidding process or during the course of an audit conducted by staff of the Legislative Joint Audit Committee. The Grantor reserves the right to recover any unspent or questioned balance of grant funds, if any, from the Grantee after final audit. 26. CLOSE-OUT. The Grantor will advise the Grantee to initiate close-out procedures when the Grantor determines, in consultation with the Grantee, that there are no impediments to close-out and that the following criteria have been met or soon will be met: (a) All costs to be paid with grant funds have been incurred with the exception of any unsettled third party claims against the Grantee. Costs are incurred when goods and services are received and/or contract work is performed; (b) The last required progress report has been submitted. The Grantee's failure to submit or update will not preclude the Grantor from effecting close-out if it is deemed to be in the State's interest. Any excess grant amount which may be in the Grantee's possession will be returned in the event of the Grantee's failure to furnish or update the report; and (c) Other responsibilities of the Grantee under this Grant Agreement and any close-out agreement, and applicable laws and regulations appear to have been carried out satisfactorily or there is no further State interest in keeping the grant open for the purpose of securing performance. 27. The Grantee agrees, as a condition of receiving grant assistance, to abide by and adhere to any policy directives, rules, regulations or other requirements which may be issued from time to time by the Grantor, and which in the opinion of the Grantor are necessary to efficient or legal execution of the project. • • • • • d EAST III SCOPE OF WORK. SPECIAL CONDITIONS. BUDGET. AND PROJECT SCHEDULE SECTION A - SCOPE OF WORK Grantee: City of Fayetteville Amendment i 1 Control 1: EIF-9302 Amendment Date }IL& This amendment increases the grant to the Grantee by $250,000 for the purpose of enabling Superior Industries International, Inc. (the "Company") to construct additional site improvements necessary to establish its chrome plating facility at its plant site in the Fayetteville Industrial Park. The location of all improvements are shown on the project map, which is attached hereto, and incorporated herein by reference. The Company intends to create an additional 125 jobs as a result of this expansion and estimates injecting an additional $30 million investment in the project. Construction Additional site improvements to be constructed include: 1. Approximately 74,000 cubic yards of dirt work and site preparation $217,000 2. Parking lot relocation - $25,000 3. Storm Drainage - $40,000 Up to $250,000 in grant funds may be used to pay for all or part of these site improvements. Grantee will reimburse the Company for the above listed improvements upon receipt of paid invoices from the Company. Only those improvements listed above are eligible for reimbursement from the Grantee. All other terms and conditions of the original grant agreement remain in effect. 111 4. SECTION C - BUDGET Grantee: City of Fayetteville Control #: EIF-9302 Category: Housing Economic Development Activity: Multi -Activity COST CLASSIFICATION Sub -Costs Construction TOTALS ElF 750,000 750,000 Amendment 1: 1 Amendment DATE: N/A Community Facility Planning Source(s) of Funds Cost Classification Total 750,000 r z O4 Thu Thu <Ce w ^w^`• V z 4 a ON' z o0 — , p-.� w fl z cV Ln w 0 a = O' E n x a Li 5331440 •0N3 • CITY OF FAYETTEVILLE REVIEW FORM Please review the attache4 contract and/or change order between the City of Fayetteville and VWVANSAS -114 milA Ac OOMff, l CS I - Approval Signature Date Comments Purchasing Manager QQ>0 Budget Coordinator S) . 12 -22 - Internal ADA Coordinator December 20, 1993 The Honorable Fred Hanna Mayor, City of Fayetteville 113 West Mountain Fayetteville, AR 72701 RE: Grant #EIF 9302 - Superior Industries Infrastructure Improvement Project Dear Mayor Hanna: Enclosed are three (3) copies of an amendment to the above referenced grant agreement. Please review this document. If it is acceptable, follow appropriate local procedures prior to signing all three (3) copies on the front page. Keep one (1) copy for your records and return the other two (2) to AIDC. If you have any questions regarding the amendment, please contact me at 682-7697. Sincerely, tusC.� David Nevala Project Developer DN:dn cc: Brian Swain, City of Fayetteville Enclosure I2-21-'13 iL>tf Arkansas Industrial Development Commission One State Capitol Mall / Little Rock, Arkansas USA 72201 (501) 682-1121 / FAX (501) 682-7341