Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Requirements.
A grant agreement shall:
A. include as attachments the resolutions
required under Minnesota Statutes, section
115A.54,
subdivision 3;
B. incorporate by
reference the final grant application submitted to the commissioner under part
9210.0120;
C. allow the recipient to enter into
contracts to complete the work specified in the agreement subject to any
approval by the commissioner that may be required in the agreement;
D. provide that any cost overruns incurred in
the development of the proposed facility shall be the sole responsibility of
the recipient;
E. provide that the
commissioner will not accept amendments requesting that additional funds be
awarded to the recipient;
F.
require that the recipient provide periodic written reports to the commissioner
on the developmental and operational history of the project so that knowledge
and experience gained from the project may be made available to other
communities in the state;
G.
require total repayment of the grant if the facility is sold to a private
enterprise within three years of the effective date of the grant agreement.
Beginning on the third anniversary of the grant, the amount of the grant that
must be repaid shall be reduced ten percent each year. The sales agreement
between the recipient and the private enterprise shall transfer the
responsibilities in subpart
1, item F to the private
enterprise; and
H. require that the
facility may only be sold to a private enterprise in accordance with the
constitution of the state of Minnesota and any applicable Minnesota statutes
and rules.
Subp. 2.
Rescission of grant.
If a project is not completed and operational according to
the terms and conditions of the grant agreement, including time schedules, the
grant shall be rescinded, and the entire amount of the grant shall be repaid
unless the commissioner determines that an amendment to the grant agreement is
justified. The commissioner shall agree to an amendment if it will allow the
original objectives of the project to be accomplished.
Subp. 3.
Disbursement.
The commissioner shall disburse grants according to the
payment schedule in the grant agreement.
