HomeMy WebLinkAbout[04c] Grant Award~~~
crr~ o~ ~r.,c~sa~NH......
Council Agenda Item 4 C
MEETING DATE:
AGENDA ITEM:
February 21, 2008
Grant Award -Requested Action: Authorize the Mayor
and Administrator to execute the Grant Agreement between State of MN and St. Joseph Fire
Department accepting a grant in the amount of $ 700.00.
SUBMITTED BY:
Fire Chief
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Fire Board was first presented with
this information on February 6, 2008 and have recommended Council approval and purchase
authorization.
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION: Periodically the MN Department of Natural Resources offers a matching
grant program for Fire Departments. The Fire Department is in need of an additional portable
generator. The Department has two generators currently and one is heavy and cannot be handled by
one person and does not serve the department well. The new generator will be similar to the first one
purchased by the City will cost approximately $ 1,400, of which half is paid by the DNR.
BUDGET/FISCAL IMPACT: $ 700.00
ATTACHMENTS: Grant Agreement
REQUESTED COUNCIL ACTION: Authorize execution of the Grant Agreement. between the DNR and
the City of St. Joseph accepting grant funding for the purchase of a portable generator.
STATE OF MINNESOTA
GRANT CONTRACT
Accounting Information
Agency: R29 Fiscal Year: 8 Vendor Number: 053649001-00
Total Amount of Contract: $700.00 Amount of First FY:
Commodity Code: Commodity' Code: Commodity Code:
Object Code: SB00 Object Code:
Amount: $700.00 Amount: Amount:
Acct Dist 1: Acct Dist 2: Acct Dist 3:
Fund: 300 Fund: - Fund:
Appr: 303 Appr: Appr:
Org/Sub: 3743 Org/Sub: Org/Sub:
Rept Catg: 3743 Rept Catg: Rept Catg:
Amount: $700.00 Amount: Amount:
Contract: B09099 Begin Date NOVEMBER 19, 2007 End Date SEPTEMBER 30, 2008
Contractor: ST JOSEPH FIRE DEPT
PO BOX 4
ST JOSEPH, MN 56374
Grant (Rev. 03/04)
STATE OF MINNESOTA
GRANT CONTRACT
This grant contract is between the State of Minnesota, acting through its Department of Natural Resources, Division of
Forestry, 402 Southeast Eleventh Street, Grand Rapids, Minnesota 55744 ("State") and ST JOSEPH FIItE DEPT, PO
BOX 4, ST JOSEPH, MN 56374, ("Grantee").
Recitals
1. Under Minn. Stat. ' 84.026 authorizes the Commissioner of Natural Resources, on behalf of the State, to accept and
use grants of money from 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,
authorizes the Commissioner of Natural Resources, on behalf of the State, may.make grants for procurement of fire
suppression equipment and training of fire departments in techniques of fire control. Fire suppression equipment may
include, but is not limited to, fire suppression tools and equipment, protective clothing, dry hydrants, communications
equipment and conversion of vehicles to wildfire suppression unit. 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 Contract
1 Term of Grant Contract
1.1 Effective date: This grant will cover expenses beginning November 19, 2007, although no payments can or
will be made until the grant is folly executed and as date signed by the Minnesota Commissioner of Natural
Resources, or his delegate.
1.2 Expiration date: Vt~ork on this project must be completed on or before September 30, 2008. The State is to
be invoiced by October 31, 2008 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 contract: 8. Liability;
9. State Audits; 10. Government Data Practices and Intellectual Property; 13. Publicity and Endorsement; 14.
Governing Law, Jurisdiction, and Venue; and 16 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 Exhibit 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 hydrant or water facilities constructed under this grant to Kristie Prahl, Rural Fire
Programs Assistant, 402 Southeast Eleventh Street, Grand Rapids, Minnesota 55744.
4. Shall be NIMS (National Incident Management System) compliant before completion of this Project.
Grant (Rev. 03/04) 2
3 Time
The Grantee must comply with all the time requirements described in this grant contract. In the performance of this
grant contract, time is of the essence.
4 Consideration and Payment
4.1 Consideration. The State will pay for all services performed by the Grantee under this. grant contract as follows:
Compensation. The Grantee will be paid in an amount not to exceed $700.00, 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 contract will not exceed A$0.00" 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 "Comra-issioner's PIanC promulgated by the commissioner of Employee Relations. The
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.
(2) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee
under this grant contract will not exceed $700.00.
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 of the services. All work must be completed by Seutember 30, 2008
(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 Cooperative Forestry Assistance Act of 1978,
CFDA number 10.664. The 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 contract 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
The State's Authorized Representative is Eugene Mannelin, 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 contract. 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,(320) 363-7201.
7 Assignment, Amendments, Waiver, and Grant contract Complete
7.1 Assignment The Grantee may neither assign nor transfer any rights or obligations under this grant contract
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 contract, or their successors in office.
7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original grant contract, or
their successors in office.
Grant (Rev. 03/04) 3
7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the
provision or its right to enforce it.
7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and
the Grantee. No other understanding regarding this grant contract, whether written or oral, maybe 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 contract
by the Grantee or the Grantee' 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 contract.
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 contract 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 contract.
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 contract, and
as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee
under this grant contract. The civil remedies of Minn. Stat. ' 13.08 apply to the release of the data referred 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. Intellectual Property Rights
Not applicable
12 Workers' Compensation
The 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 actor omission on the part of these employees are in no
way the State' s obligation or responsibility.
13 Publicity and Endorsement
13.1 Publicity. Any publicity regarding the subject matter of this grant contract 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 contract.
13.2 Endorsement. The Grantee must not claim that the State endorses its products or services.
14 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice-of--law provisions, governs this grant contract. Venue for all legal
proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
Grant (Rev. 03/04)
15 Termination
15.1 Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon
30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a
pro rata basis, for services satisfactorily performed.
16 Data Disclosure
Under Minn. Stat: ' 270.66, and other applicable law, the Grantee consents to disclosure of its social security
number,. federal employer tax identification number, and/or Minnesota tax identification number, akeady provided
to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations.
These identification numbers maybe 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 liabilities, if any.
1. STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered as
required by Minn. Stat. ' ' 16A.15 and 16C.05.
Signed: ~~~~ ~ ..
3. STATE AGENCY
By:
(with delegated authority)
Title: Forestry Division Director
Date: November 15, 2007
CFMS Grant Contract No: B09099
2. GRANTEE
The Grantee certifies that the appropriate person(s)
have executed the grant contract on behalf of the Gr~.ntee as
required by applicable articles, bylaws, resolutions, or ordinances:
By:
Title:
Date:
By:
Title:
Date:
Distribution:
Agency
Grantee
State' s Authorized Representative -Photo Copy
Date:
Grant (Rev. 03/04)
Complete and Mail to: I{ristie Prahl
(do not fax) MN Interagency Fire Center
402 Southeast 116 Street
Grand Rapids, Minnesota 55744
(218) 327-4572
~ POSTMARKED NO LATER THAN......... OCTOBER 1, 2007E
Fire Department:
o ~ f~ me & Title of person filling out form:
a.~v ~ Dr /` `. c,
Maili g A ress: Telephone: Day: 3Cv3 - 7o2v
. C' Night: .3C0~" y~~
City, State, Zip: y/ `~~~
•
~ Fire
Ihaall v
~a~aa -rs7~
SCo~7 e-mail: ~ ,v Gv
1. Population directly benefiting from the project: /9/~D(D~c f~,UU~_
2.. Fire Department's protection area (square miles): ~~ aSQ~u~. /~rrl~.~
(excluding mutual aid area)
3. Number of fire incidents for the previous year: Wildland 7 structural ~ other~~
a~~ ~o~I ~<<s
4. Fill in the estimated total cost of the project(s) with the dollar amount. ~ ~~ ~-~.
$ Wildland Personal Protective Equi ment $ Hose, nozzles, water movement items
$ Excess Pro ert E uipment Conversion $ Radios/ agers
$ Wildland a ui ment $ Breathing a aratus
$ Foam unit $ Structural Turnout Gear
$ Slip-on-unit $ Cascade system
$ Pum s $ Structural E uipment (be s ecific)
$ Wildland trainin $ Dry hydrant
Oth miscellaneous projects (please describe) p ~, ~' cJ
Fire Department's Authorized Signature Date: ~T7 ~
OFFICE USE ONLY:
GRANT APPROVED UP TO $ ~'OO. ~ PRIORITY IS FOR
APPROVAL/DATE: ~/- ~l~ -D ~ CONTRACT NUMBER O~
Modified Project:
ApprovaUdate:
Exhibit A