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8.b)1) State of MN Equipment Grant Meeting Date: 8/17/2010 Agenda Item: �%, � � /� City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651)433-2274 Action Requested: Approve grant agreement with the State of Minnesota Department of Natural Resources for a $2,000 grant for fire department equipment. Deadline/ Timeline: Grant agreement must be returned by August 22, 2010. Grant must be completed by June 1, 2011. Background: • The City of Scandia Fire Department has been selected to receive a $2,000 grant to reimburse part of the cost of equipment. The equipment purchase is already included in the 2010 budget. • City Council approval is required for the grant agreement. Recommendation: I recommend that the Council approve the grant agreement and authorize the Mayor to sign on behalf of the City. Attachments/ • Grant Agreement Materials provided: Contact(s): Jim Finnegan, Volunteer Fire Chief(651 422-2225) Prepared by: Anne Hurlburt,Administrator (Fire Dept DNR Grant) Page 1 of 1 08/11/10 Vendor No. 049850001 CO Contract No. B465Q0 __________ 3UU/3�83/303 STATE OF MINNESOTA GRANT AGREEMENT T'his grant agreement is between the State of Minnesota,acting through its Department of Natural Resources,Division or Forestry, 402 Southeast Eleventh Street,Grand Rapids,Minnesota 55744 ("State")and SCANDIA FIRE DEPT, 15040 SCANDIA TRAIL N, SCANDIA,MN 55073 ("Grantee"). Recitals 1. Under Minn. Stat. 84.085 authorizes the Commissioner of Natural Resources, on behalf of the State, to accept and use grants of money for the United States or other grantors for conservation purposes not inconsistent with the laws of this state and in accordance with the purposes of the grant and applicable Federal and State laws and authorizes the Commissioner to make sub-grants of any money received to other agencies, units of local government, and private nonprofit corporations; and Minn. Stat. 88.067, as amended in Laws of Minnesota 2000, Chapter 231, Section 113, may make grants for procurement of fire suppression equipment and training of fire departments in techniques of fire control. The commissioner may require a local match for any grant. Grantee is a governmental unit and or is a fire fighting entity located in a rural area; and the State is empowered to enter into this grant. 2. The State is in need of fire department assistance to suppress wildland fires. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Grant Agreement 1 Term of Grant Agreement 1.1 Effective date: This grant will cover expenses beginning July 23, 2010,although no payments can or will be made until the grant is fully executed and as date signed by the Minnesota Commissioner of Natural Resource or his delegate under Minnesota Statutes Section 16C.05, subdivision 2. 1.2 Expiration date: Work on this project must be completed on or before June 1,2011. The State is to be invoiced on or before June 30,2011 or the contract will be canceled without further notification. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant agreement: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction,and Venue; and 18.Data Disclosure. 2 Grantee's Duties The Grantee,who is not a state employee,will: 1. Complete work specified in the Project Proposal attached hereto as E�ibit A. This Project Proposal shall be a part of this grant. Highest priority is indicated in the office use only box of Exhibit A;however,any of the listed projects or a combination of the listed projects on Exhibit A,may also qualify for this grant with written approval from the State of Minnesota. 2. Insure all equipment acquired through this grant must be used solely for prevention, suppression and control of fire. 3. Report GPS locations of dry hydrants or water facilities constructed under this grant to Kristie Prahl,Rural Fire Programs Assistant,402 Southeast Eleventh Street,Grand Rapids,Minnesota 55744. � Reporting Requirements: The Grantee's final report will be the final invoice detailing information on the expenditures of grant funds. These purchases demonstrate the completion of the grant and no additional report is necessary. 3 Time The Grantee must comply with all the time requirements described in this grant agreement. In the performance of this grant agreement,time is of the essence. Grant (Rev.I/2010) � - � ;� / 4 Consideration and Payment 4.1 4.1 Consideration. T'he State will pay for all services performed by the Grantee under this grant contract as follows: Compensation. The Grantee will be paid in the amount not to exceed$2000.00,based on the following computation: The State shall reimburse Grantee for up to 50%of the reasonable net cost of items purchased or expenditures made, in accordance with the approved project proposal. This reimbursement shall not exceed the total amount of this grant. (1) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant agreement will not exceed$O.OQ;provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan"promulgated by the commissioner of Employee Relations. T'he Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $2000•00• 4.2.Payment (1) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and upon completion by,Tune 30.2011. (2) Federal funds. (Where applicable,if blank this section does not apply) Payments under this grant contract will be made from federal funds obtained by the State through Volunteer Fire Assistance Program, Title 7, CFDA number 10.664 of the Forestry Stewardship Act of 1990. T'he Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. 5 Conditions of Payment All services provided by the Grantee under this grant agreement must be performed to the State's satisfaction,as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances,rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state,or local law. 6 Authorized Representative T'he State's Authorized Representative is Gene Mannelin,Rural Fire Programs Coordinator,DNR Foreshy,402 Southeast Eleventh Street,Grand Rapids,Minnesota 55744 at 218-327-4373,or his/her successor,and has the responsibility to monitor the Grantee=s performance and the authority to accept the services provided under this grant agreement. If the services are satisfactory,the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Fire Chief,(651)433-3281. 7 Assignment,Amendments,Waiver,and Grant agreement Complete 7.1 Assignmen� T'he Grantee may neither assign nor transfer any rights or obligations under this grant agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant agreement,or their successors in office. 7.2 Amendments. Any amendment to this grant agreement must be in writing and will not be effective until it has Grant (Rev. 1/2010) 2 been executed and approved by the same parties who executed and approved the original grant agreement,or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant agreement,that failure does not waive the provision or its right to enforce it. 7.4 GrantAgreement Complete. This grant agreement contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant agreement,whether written or oral,may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State,its agents,and employees harmless from any claims or causes of action, including attorney's fees incurred by the State,arising from the performance of this grant agreement by the Grantee or the Crrantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant agreement. 9 State Audits Under Minn. Stat. §16C.05,subd. 5,the Grantee's books,records,documents,and accounting procedures and practices relevant to this grant agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate,for a minimum of six years from the end of this grant agreement. 10 Government Data Practices and Intellectual Property 10.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13,as it applies to all data provided by the State under this grant agreement, and as it applies to all data created,collected,received, stored,used,maintained, or disseminated by the Grantee under this grant agreement. T'he civil remedies of Minn. Stat. § 13.08 apply to the release of the data refened to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause,the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. 10.2. Inte[lectual Property Rights Not Applicable 11 Workers' Compensation T'he Grantee certifies that it is in compliance with Minn. Stat. § 176.181,subd. 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. 12 Publicity and Endorsement 12.1 Publiciry. Any publicity regarding the subject matter of this grant agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision,publicity includes notices,informational pamphlets,press releases,research,reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others,or any subcontractors,with respect to the program,publications, or services provided resulting from this grant agreement. 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law,Jurisdiction, and Venue Minnesota law,without regard to its choice-of-law provisions, governs this grant agreement. Venue for all legal proceedings out of this grant agreement,or its breach,must be in the appropriate state or federal court with Grant (Rev. 1/2010) 3 Venco-Na. U4485,JC01-QO Conira.r,t i��o. i3465G0 300/3783/3C3 competent jurisdiction in Ramsey County,Minnesota. 14 Accessibility: Structural and nonstructural facilities and programs must meet all state and federal accessibility laws,regulations,and guidelines. Copies of accessibility guidelines can be downloaded off the Americans with Disabilities Act Accessibility Guidelines website at http://www.access-board.� 15 Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions a. T'he prospective lower tier participant certifies,by submission of this agreement,that neither it nor its principals is presently debarred, suspended,proposed for debarment,declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this agreement. 16 Monitoring If the grant is over$50,000,the State's authorized representatives will conduct at least one monitoring visit per grant period. This visit may be in person or by telephone. 17 Termination The State may cancel this grant agreement at any time,with or without cause,upon 30 days' written notice to the Grantee. Upon ternunation,the Grantee will be entitled to payment,determined on a pro rata basis,for services sarisfactorily performed. 18 Data Disclosure Under Minn. Stat. § 274C.65, Subd. 3,and other applicable law,the Crrantee consents to disclosure of its social security number,federal employer tax identification number,and/or Minnesota tax identification number, already provided to the State,to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabiliries,if any. Grant (Rev. 1/2010) 4 Vendor No. Q49��QOO1 v0 Contract itie. 3�5500 300/?7°3/3C3 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as reguired by Minn.Stat.°16A.15 and I6C.05. By: (with delegated authority) .4e��� ���=�'`�__ Signed: Title: Date: July 23,2010 Date: CFMS Grant Agreement No.B46500 2. GRANTEE T'he Grantee certifies that the appropriate person(s) have executed the grant agreement on behalf of the Grantee as required by applicable articles,bylaws,resolutions,or ordinances. .�. BY� ,��'b"'' � `� Title: �jr/n-`�' �Js-z��� - Date: � - �/' '" ���,'f L1 � By: Title: Date: Distribution: Agency Grantee State=s Authorized Representative-Photo Copy Grant (Rev.1/2010) 9 Campl�;te Mail or email to: Kristie Prahr MN Interagency Fire CeRter 402 SE l l�h Street Grand Rapids, Mennesota 55744 {Z18)327-4572 �1'ISEI�.i1Y`�1I7'I�CI'(IFIl'.�fAfC.I11tI.US � PQSTI�ARII�ED NO LATEl� T�AI�..................... JUNE 1, F Fire Department: Name& Title of person fitling ont for�: Scandia Fire&Rescue Jim Finnegan,Fire Chief Official FD Mxiling Address: Telephone: Dsy: 651-433-2225 15440 Scandia Traii. Night:651-433-2225 Cel1: fi51-755-8675 City,State,Zip• Fire Halt: 651-433-4383 Scandia,MN 55073 e-maii: scandiafire5181(cDfrontiemet.net 1. Population directly benefiting from the project: 3800 2. Fire vepartment's protectior► area (square miles): 48 ____.__ (excluding mutual aid area) 3. Number of fire incidents for the prev'sous year: wildland �6 scructural 6 other 3__ 4. Fill in the estimated tota{cost of the project(s) with the doliar amount. $ Wildland Personal Protective ui ment $ Hose,nozzles, water movement items $ Excess Pro e E ui ment Conversion $2,700.00 Radios/ ers $ Wildland e ui ment $ Breathin aratus $ Poam unit $3,500.00 Structural Turnout Gear $ Sli -on-unit $ Cascade s stem $ Pum s $ Structural E ui ment be s cific ' $ D H drant or water sto e s stem S $ Other miscellaneous ro'ects lease describe Fire Department's Authorjzed Signsture: .� ' '� Date: � ��c: -� �' �—� � OFFICE USE ONLY: GRANT APPROVED UP TO$ � ������� PRIORITY tS FOR �-L� � � APPROVAL/DATE: �'���ICl CONTRACT NUMBER S�� Modified Project: Approval/date: Exhib�t ,�