5.e) Accept Grant from the MN Dept. of Health Water Protection Division Meeting Date: 5/17/2011
Agenda Item: � ��
City Council Agenda Report
City of Scandia
14727 209�' St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Accept a $1,177.50 grant from the Minnesota Departrnent of Health
Water Protection Division.
Deadline/ Timeline: N/A
Background: • The well behind the Community Center maintenance building
was required to be abandoned by the Deparhnent of Health in
2008.
• A video was taken of the interior of the well and showed several
breaks in the casing. The Department of Health determined that
the well had to be abandoned by perforating the casing and filling
with grout. The cost of this operation will be $2,355 of which
half is paid by the City of Scandia and matched by the Dept. of
Health.
• The project must be completed by June 30, 2011 and will be
performed by a licensed well abandonment company.
Recommendation: I recommend that the Council authorize acceptance of the grant.
Attachments/ • MN Dept. of Health Grant Agreement
Materials provided: -
Contact(s): Steve Thorp, Code Official
Prepared by: Steve Thorp, Code Official
(acceptdept of Health grant)
Page 1 of 1
OS/03/11
Grant Agreement Number B 55570
Between the Minnesota Departrnent of Health and City of Scandia—Scandia Communiry Senior Center
Minnesota Department of Health
Grant Agreement
THIS GRANT AGREEMENT, and amendments and supplements thereto, is between the State of
Minnesota, acting through its Commissioner of Minnesota Department of Health(hereinafter "STATE") and
City of Scandia—Scandia Community Senior Center, an independent organization, not an employee of the
State of Minnesota, address 14727 209`h Street N, Scandia, MN 55073 (hereinafter "GRANTEE"),
witnesseth that:
WHEREAS, the STATE, pursuant to Minnesota Statute §114D.50 Clean Water Fund is empowered to assist
public water suppliers to implement their source water protection plans.
WHEREAS, the commissioner of health is authorized to enter into contractual agreements with any public
or private entity for the provision of statutorily prescribed public health services by the department. (Minn.
Stat § 144.0742)
WHEREAS, GRANTEE represents that it is duly qualified and willing to perform the services set forth
herein.
NOW, THEREFORE, it is agreed:
I. GRANTEE'S DUTIES:
A. GRANTEE, who is not a state employee, shall complete the following work:
• Abandon contaminated well by perforating casing and grouting
• Perform all the work items listed in Grant Application which is incorporated by
reference
B. GRANTEE agrees that no system of water supply for public use shall be installed, altered or
extended until complete plans and specifications for the installation, alteration or extension have
been submitted and approved by the STATE, and no construction shall take place except in
accordance with the approved plans; no grant funds can be used prior to approval of the plans.
C. On or before the end date of this Agreement,the GRANTEE sha11 provide the STATE with one
electronic copy of all final products produced under this AGREEMENT, including reports,
publications, software and videos. Any GRANTEE activity that involves data collection must be
submitted to MDH upon completion of the project and in the format agreed by the STATE.
D. The GRANTEE shall submit a Final Report upon submittal of the Final Invoice. The Final Report
shall be due no later than the expiration day of the AGREEMENT. The Final Report shall describe
activities undertaken and accomplishments of each task, and any problems encountered in the
performance of the work under this AGREEMENT, including the costs associated with completion
of the tasks.
E. In the event the GRANTEE is unable to begin grant activities or to satisfactorily perform the duties
specified in this grant agreement, the GRANTEE shall remit to the STATE within five days of
demand the amount paid under this section minus any actual expenses incurred and otherwise
authorized which are documented by adequate invoices acceptable to the STATE.
F. GRANTEE certifies that the following matching requirements for the AGREEMENT shall be met
by the GRANTEE: $1,177.50 (one thousand one hundred seventy seven dollars and fifty cents) and
no less than an equal cost share (of eligible funds in cash)for each work item shall be provided. In-
kind contributions are not accepted.
HE-01550-14(Ol/10) P�e�
Grant Agreement Number B 55570
Between the Minnesota Depardnent of Health and City of Scandia—Scandia Community Senior Center
II. CONSIDERATION AND TERMS OF PAYMENT
A. Consideration for all services performed by GRANTEE pursuant to this grant agreement shall be paid
by the STATE as follows:
1. Compensation:
The GRANTEE will be paid according to the following breakdown of costs:
Activi Grant Amount Cost Share
Perforatin casin and sealin well $1,177.50 $1,177.50
Total $1,177.50 $1,177.50
TOTAL COST OF THE PROJECT $2,355
2. The total obligation of the STATE for all compensation and reimbursement to GRANTEE under
this AGREEMENT shall not exceed $1,177.50 (one thousand one hundred seventy seven dollars
and fifty cents)
3. Grantee will submit an invoice for the total cost of the project
4. By submitting an invoice for the total cost of the project GRANTEE certifies that the cost share
requirement of$1,177.50 (one thousand one hundred seventy seven dollars and fifty cents) has
been met.
5. If the total cost of the project ends up being less than $2,355 (two thousand three hundred fifty
five dollars)the GRANTEE agrees to contribute a minimum cost share of 50 %of the total cost
of the project.
B. Terms of Payment
1. The STATE shall promptly pay the GRANTEE, after the GRANTEE presents an itemized
invoice for the work actually performed, the State's Authorized Representative accepts the
invoiced work and the STATE is satisfied that the work has been completed according to the
terms of this AGREEMENT. The STATE can withhold payment for work that is unsatisfactory
or illegal.
2. Invoices must be submitted using the form attached as Exhibit A,which is attached and
incorporated into this agreement and submitted to:
Attn: Cristina Covalschi
Source Water Protection
Minnesota Department of Health
PO Box 64975
St. Paul, MN 55164-0975
3. If the Final Report is not received by the STATE before the end date of this AGREEMENT,the
GRANTEE may forfeit the Final Payment.
4. If necessitated by the nature of the project, a grantee is allowed to reallocate up to 10% of the
amount originally awarded for a given expense category to another approved category without
obtaining permission from the MDH. Should the grantee find it necessary to re-budget the grant
beyond the 10%reallocation allowance, a written or e-mail request must be submitted to the
MDH for approval.
C. CONDITIONS OF PAYMENT All services provided by GRANTEE pursuant to this grant
agreement shall be performed to the satisfaction of the STATE, as determined at the sole discretion
of its Authorized Representative, and in accord with all applicable federal, state, and local laws,
HE-01550-14(O1/10) Page 2,
Grant Agreement Number B 55570 .
Between the Minnesota Departrnent of Health and Ciry of Scandia—Scandia Community Senior Center
ordinances, rules and regulations. The GRANTEE shall not receive payment for work found by the
STATE to be unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule
or regulation.
III. TERMS OF AGREEMENT This grant agreement shall be effective on May 15, 2011, or upon the date
that the final required signature is obtained by the STATE, pursuant to Minnesota Statute §16C.05,
Subdivision 2,whichever occurs later, and shall remain in effect until June 30, 2012, or until all
obligations set forth in this grant agreement have been satisfactorily fulfilled,whichever occws first.
GRANTEE understands that NO work should begin under this grant agreement until ALL required
signatures have been obtained, and GRANTEE is notified to begin work by the STATE'S Authorized
Representative.
If the GRANTEE does not commence the Project within six months of the Execution Date of this
Agreement, the STATE reserves the right to cancel this agreement and reallocate the funds.
IV. CANCELLATION
A. If the GRANTEE fails to comply with the provisions of this grant agreement, the STATE may
terminate this grant agreement without prejudice to the right of the STATE to recover any money
previously paid. The termination shall be effective five business days after the STATE mails,by
certified mail, return receipt requested, written notice of termination to the GRANTEE at its last
known address.
B. The STATE or GRANTEE may cancel this grant agreement at any time, with or without cause,upon
thirty(30) days written notice to the other party.
VI. STATE'S AND GRANTEE'S AUTHORIZED REPRESENTATIVE
• The STATE'S Authorized Representative for the purposes of administration of this grant agreement is
Randy Ellingboe, Manager, Section of Drinking Water Protection, or his successor. Such representative
shall have final authority for acceptance of GRANTEE'S services and if such services axe accepted as
satisfactory, shall so certify on each invoice submitted pursuant to Clause II, paragraph B.
• The GRANTEE'S Authorized Representative for purposes of administration of this grant agreement is
Steve Thorp, Maintenance Supervisor. The GRANTEE'S Authorized Representative shall have full
authority to represent GRANTEE in its fulfillment of the terms, conditions and requirements of this
grant agreement.
VII. ASSIGNMENT GRANTEE shall neither assign nor transfer any rights or obligations under this grant
agreement without the prior written consent of the STATE.
VIII. AMENDMENTS Any amendments to this grant agreement shall be in writing, and will not be
effective until it has been fully executed by the same parties who executed the original grant agreement,
or their successors in office.
IX. LIABILITY GRANTEE shall indemnify, save, and hold the STATE, its representatives and
employees harmless from any and all claims or causes of action, including all attorneys' fees incurred by
the STATE, arising from the performance of this grant agreement by GRANTEE or GRANTEE'S agents
or employees. This clause shall not be construed to bar any legal remedies GRANTEE may have for the
STATE'S failure to fulfill its obligations pursuant to this grant agreement. Nothing herein sha11 be
construed as a waiver by GRANTEE of any of the immunities or limitations of liability to which
GRANTEE may be entitled to pursuant to Minnesota Statute Chapter 466 or pursuant to any other
statute or law.
HE-01550-14(O1/10) Page 3
Grant Ageement Number B 55570
Between the Minnesota Department of Health and City of Scandia—Scandia Community Senior Center
X. STATE AUDITS The books, records, documents, and accounting procedures and practices of the
GRANTEE relevant to this grant agreement shall be made available and subject to examination by the
STATE, including the contracting Agency/Division, Legislative Auditor, and State Auditor for a
minimum period of six (6)years from the end of this grant term.
XI. DATA PRACTICES ACT The GRANTEE and the STATE shall comply with the Minnesota Data
Practices Act and other applicable laws as it applies to all data provided by the STATE in accordance
with this grant agreement and as it applies to all data created, gathered, generated or acquired in
accordance with this grant agreement.
XII. OWNERSHIP OF EQUIPMENT The STATE shall have the right to require transfer of all equipment
purchased with grant funds (including title)to the STATE or to an eligible non-STATE party named by
the STATE. 'This right will normally be exercised by the STATE only if the project or program for
which the equipment was acquired is transferred from one grantee to another
XIII. OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY RIGHTS
A. The STATE shall own all rights,title and interest in all of the materials conceived or created by the
GRANTEE, or its employees or subgrantees, either individually or jointly with others and which
arise out of the performance of this grant agreement, including any inventions, reports, studies,
designs, drawings, specifications, notes, documents, software and documentation, computer based
training modules, electronically, magnetically or digitally recorded material, and other work in
whatever form ("MATERIALS").
The GRANTEE hereby assigns to the STATE all rights,title and interest to the MATERIALS.
GRANTEE shall, upon request of the STATE, execute all papers and perform all other acts
necessary to assist the STATE to obtain and register copyrights,patents or other forms of protection
provided by law for the MATERIALS. The MATERIALS created under this grant agreement by the
GRANTEE, its employees or subgrantees, individually or jointly with others, shall be considered
"works made for hire" as defined by the United States Copyright Act. All of the MATERIALS,
whether in paper, electronic, or other form, shall be remitted to the STATE by the GRANTEE. Its
employees and any sub-grantees shall not copy, reproduce, allow or cause to have the MATERIALS
copied,reproduced or used for any purpose other than performance of the GRANTEE'S obligations
under this grant agreement without the prior written consent of the STATE'S Authorized
Representative.
B. GRANTEE represents and warrants that MATERIALS produced or used under this grant agreement
do not and will not infringe upon any intellectual property rights of another including but not limited
to patents, copyrights, trade secrets,trade names, and service marks and names. GRANTEE shall
indemnify and defend the STATE, at GRANTEE'S expense, from any action or claim brought
against the STATE to the extent that it is based on a claim that all or parts of the MATERIALS
infringe upon the intellectual property rights of another. GRANTEE shall be responsible for payment
of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not
limited to, reasonable attorney fees arising out of this grant agreement, amendments and
supplements thereto, which are attributable to such claims or actions. If such a claim or action arises
or in GRANTEE'S or the STATE'S opinion is likely to arise, GRANTEE shall at the STATE'S
discretion either procure for the STATE the right or license to continue using the MATERIALS at
issue or replace or modify the allegedly infringing MATERIALS. This remedy shall be in addition to
and shall not be exclusive of other remedies provided by law.
HE-01550-14(Ol/10)
Page 4
Grant Agreement Number B 55570 .
Between the Minnesota Department of Health and City of Scandia—Scandia Community Senior Center
XIV. PUBLICITY Any publicity given to the program, publications, or services provided resulting from this
grant agreement, including, but not limited to, notices, informational pamphlets,press releases,research,
reports, signs, and similar public notices prepared by or for the GRANTEE or its employees individually
or jointly with others, or any subgrantees shall identify the STATE as the sponsoring agency and shall
not be released without prior written approval by the STATE'S Authorized Representative, unless such
release is a specific part of an approved work plan included in this grant agreement.
XV. ENDORSEMENT T'he Grantee must not claim that the STATE endorses its products or services.
XVI. WORKERS' COMPENSATION The GRANTEE certifies that it is in compliance with Minnesota
Statute §176.181, Subdivision 2,pertaining to workers' compensation insurance coverage. The
GRANTEE'S employees and agents will not be considered STATE employees. Any claims that may
arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims
made by any third party as a consequence of any act or omission on the part of these employees are in
no way the STATE'S obligation or responsibiliTy.
XVII. JURISDICTION AND VENUE This grant agreement, and amendments and supplements thereto, shall
be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this
grant agreement, or breach thereof, shall be in the state or federal court with competent jurisdiction in
Ramsey County, Minnesota.
IN WITNESS WHEREOF,the parties have caused this grant agreement to be duly executed intending to be bound
thereby.
APPROVED:
1. GRANTEE 2. STATE AGENCY
The Grantee certifies that[he appropriate persons(s)have executed the Grant Agreement approval and cerlification that STATEfunds have been
grant agreement on behalf of Ihe Grantee as required by applicable encumbered as requrred by Minn.Stat.§§16A.1S and 16C.05.
articles,bylaws,resolutions,or ordinances.
gy; By:
(with delegated authority)
Title: Title:
Date: Date:
By:
Title:
Date:
Distribution:
Agency—Original(fully executed)Grant Agreement
Grantee
State Authorized Representative
HE-01550-14(Ol/10) Page 5