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ITEM 3.8 Service Planning Grante FOtsczo MINNESOTA CD1, DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Administration City Administrator/ Finance Director Flaherty March 12, 2018 PRESENTER(s) REVIEWED BY: ITEM #: City Administrator/ Finance Director Flaherty City Attorney MacArthur 3.8 AGENDA ITEM DETAILS RECOMMENDATION: City staff is recommending that the City Council approve the Service Planning Grant Contract between the City and the State of Minnesota. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKGROUND/JUSTIFICATION: In January of 2018, the City submitted an application for a Service Planning Grant from the State Fire Marshal's Office. The grant funding would be used to hire a fire service consulting firm to provide a response time improvement and fire service model study. City staff was notified on February 16, 2018 that the Review Committee chose to award a grant to the City of Otsego in the full amount requested, with a maximum of $39,875. A grant contract has been prepared by the State Fire Marshal's Office, and accounts for the new award amount consistent with the City Council selecting Beacon GIS to conduct the study. The grant contract outlines important dates, the City's responsibilities, the award amount, the required matching amount, authorized expenditures, the reimbursement process, and other general terms and conditions of the grant award. City Attorney MacArthur has reviewed the grant contract and has no comments. SUPPORTING DOCUMENTS ATTACHED: • State of Minnesota Grant Contract • Resolution 2018-25 POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to approve Resolution 2018-25; Approving the Service Planning Grant Contract between the City and the State of Minnesota and to authorize the Mayor and the City Clerk to execute the Grant Contract on behalf of the City. BUDGET INFORMATION FUNDING: BUDGETED: Fund #214 —Fire Reserve Yes STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safety, State Fire Marshal 445 Minnesota Street Suite 145 St. Paul MN 55101-5145 ("STATE") and City of Otsego, 13400 90t1' Street NE, Otsego, MN 55330 ("GRANTEE"), Recitals 1. Under Minn. Stat. § 299A.01, Subd. 2 (4) the State is empowered to enter into this grant. 2. State funds for this grant are provided under Laws of Minnesota 2015, Chapter 65, Article 1, Section 11 Subd. 4D. 3, The State is in need of a feasibility study that addresses the study requirements for service planning, including (but not limited to) those provided in listed in in "A Blueprint for Shared Services." 4. 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. Pursuant to Minn. Stat. § 16B. 98, Subd. 1, the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Contract Term of Grant Contract 1.1 Effective date: March 1, 2018, or the date the State obtains all required signatures under Minn. Stat. U613.98, Subd. 5, whichever is later. Per, Minn. Stat. §1613.98 Subd. 7, no payments will be made to the Grantee until this grant contract is fully executed. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration date: June 30, 2019, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 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; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15 Data Disclosure. 2 Grantee's Duties The Grantee, who is not a state employee, will: Comply with required grants management policies and procedures set forth through Minn. Stat. 1 6B.97, Subd. 4 (a) (1). 2.1 To contract for a service planning study by an outside consultant to determine the efficiencies of the cities of Albertville, Elk River, Otsego and City of Rogers fire departments working together. The service planning grant should be used as a means to create long-term sustainability, improve response capacity and service delivery, and eliminate duplicative processes in the organizations. The study will include: • A clear set of goals that identifies how the participating fire departments/cities/townships will more efficiently plan for future service improvements in the areas of (but not limited to) training, department administration, personnel, equipment or department consolidation. An analysis of the efficiency and effectiveness of emergency response and benefit to -the population served. FY 17 Grant Agreement for Municipality The study should also take into account: • Geographic area, population density and other factors that encourage communities' and fire service providers' voluntary participation. Funding sources for the project if implemented. Cooperative training among departments and equipment procurement between departments. • Employment issues associated with combining existing agencies and entities into a regional or multi - jurisdictional entity for consolidation projects. An analysis of best practices in the creation and functioning of,public-safety-related service planning delivery models. • A preliminary set of operating procedures for cooperative shared fire and rescue service systems 2.2 The purpose of the feasibility study performed by the consultant must include ways to increase efficiency, effectiveness and/or cost saving methods through voluntary and cooperative shared services. The report must include possible alternatives for the entities to share fire and rescue services. 2.3 Manage this project, oversee contract with the consultant and deliver the written report to the State by the Expiration date of this grant contract. 2.4 No travel reimbursement is allowed or will be made to the Grantee for Grantee's travel and subsistence expenses related to this project. 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: (a) Compensation (1) The Grantee will be paid an amount not to exceed $21,300.00 in accordance with the breakdown of costs contained in the Service Planning Grant Program Narrative Sheet, which is attached and incorporated into this grant. (2) Matching Requirements. (If Applicable.) Grantee certifies that the following matching requirement, for the grant contract, will be met by the Grantee: $1,065.00. (b) 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 $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 "Commissioner's Plan" promulgated by the Commissioner of Minnesota Management and Budget (MMB). 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. (c) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $21,300.00. FY 17 Grant Agreement for Municipality 4.2 Payment (a) 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 according to the following schedule: Itemized invoices will be filed in arrears at least quarterly, but not more often than monthly, and within 30 days of the period covered by the invoice for services satisfactorily performed. Final invoice must be received no later than 30 days after the Expiration date of this grant contract. Expenditures for each state fiscal year of this grant must be for services performed within applicable state fiscal years. Every state fiscal year begins on July 1 and ends on June 30. (b) Unexpended Funds The Grantee must promptly return to the State any unexpended funds that have not been accounted for annually in a financial report to the State due at grant closeout. 4.3 Contracting and Bidding Requirements Per Minn. Stat. X471.345, grantees that are municipalities as defined in Subd. 1 must do the following if contracting funds from this grant contract agreement for any supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property (a) If the amount of the contract is estimated to exceed $100,000, a formal notice and bidding process must be conducted in which sealed bids shall be solicited by public notice. Municipalities may, as a best value alternative, award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat. § 16C.28, Subd. 1, paragraph (a), clause (2) (b) If the amount of the contract is estimated to exceed $25,000 but not $100,000, the contract may be made either upon sealed bids or by direct negotiation, by obtaining two or more quotations for the purchase or sale when possible, and without advertising for bids or otherwise complying with the requirements of competitive bidding. All quotations obtained shall be kept on file for a period of at least one year after receipt thereof. Municipalities may, as a best value alternative, award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat.§ 16C.28, Subd. 1, paragraph (a), clause (2) and paragraph (c). (c) If the amount of the contract is estimated to be $25,000 or less, the contract may be made either upon quotation or in the open market, in the discretion of the governing body. If the contract is made upon quotation it shall be based, so far as practicable, on at least two quotations which shall be kept on file for a period of at least one year after their receipt. Alternatively, municipalities may award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat. 16C.28, Subd. 1, paragraph (a), clause (2) (d) Support documentation of the bidding process utilized to contract services must be included in the grantee's financial records, including support documentation justifying a single/sole source bid, if applicable. (e) For projects that include construction work of $25,000 or more, prevailing wage rules apply per; Minn. Stat. 177.41 through 177.44 consequently, the bid request must state the project is subject to prevailing wage. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole. A prevailing wage form should FY 17 Grant Agreement for Municipality accompany these bid submittals. 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 Bruce West, State Fire Marshal, 445 Minnesota Street, Suite 145, St. Paul, MN 55101-5145, (651) 215-0541, Bruce.West2state.mn.us , 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 Adam Flaherty, City Administrator and Finance Director, 13400 90th Street NE, Otsego, MN 55330, (763) 441-9163, aflahert a,ci.otsego.mn.us . If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. 7 Assignment Amendments, Waiver, and Grant Contract Complete 7.1 Assignment The Grantee shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the State, approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments Any amendments 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. 7.3 Waiver If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or the State's 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, 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 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. § 1613.98, Subd.8, the Grantee's books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant agreement or transaction 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, receipt and approval of all final reports, or the required FY 17 Grant Agreement for Municipality period of time to satisfy all state and program retention requirements, whichever is later. 10 Government Date Practices and Intellectual Property Rights 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. The Grantee's response to the request shall comply with applicable law 11 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 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 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. All projects primarily funded by state grant appropriation must publicly credit the State of Minnesota, including on the grantee's website when practicable. 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 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. 14 Termination 14.1 Termination by the State The State may immediately terminate this grant contract 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. 14.2 Termination for Cause The State may immediately terminate this grant contract if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. FY 17 Grant Agreement for Municipality 14.3 Termination for Insufficient Funding The State may immediately terminate this grant contract if. (a) It does not obtain funding from the Minnesota Legislature; (b) Or, if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State's receiving that notice. 15 Data Disclosure Under Minn. Stat.27�, Subd. 3, 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, 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 liabilities, if any. 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that fiords have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05 By: (with delegated authority) Date: SWIFT Contract: 138422 PO No.3000052756 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title Date Distribution: Agency Grantee State's Authorized Representative FY 17 Grant Agreement for Municipality CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2018-25 APPROVING SERVICE PLANNING GRANT CONTRACT WHEREAS, the City of Otsego contracts for fire protection services from fire departments located in our neighboring communities of Albertville, Elk River, and Rogers; and WHEREAS, the City of Otsego desires to conduct a service planning study to examine fire protection services within the City; and WHEREAS, the City of Otsego submitted an application for the Service Planning Grant Program available through the State Fire Marshal Division; and WHEREAS, the City of Otsego has been notified that the Review Committee from the State Fire Marshal Division has awarded the City of Otsego a grant in the amount of $21,300; and WHEREAS, the City of Otsego is committed to providing the matching requirement in the amount of $1,065; and WHEREAS, the City of Otsego certifies that it will contract for a service planning study by an outside consultant to complete the objectives and goals identified within the City's Service Planning Grant application; and WHEREAS, the City of Otsego certifies that it will contract for a service planning study by an outside consultant to complete the scope of set -vices as outlined in the City of Otsego's Request for Proposals on the completion of a Response Time Improvement and Fire Service Model; and WHEREAS, the City of Otsego certifies that it will comply with all applicable laws, regulations, and rules of the Service Planning Grant Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: That the Grant Contract between the City of Otsego and the State of Minnesota is hereby approved. 2. The Mayor and City Clerk are hereby authorized to execute the Grant Contract on behalf of the City of Otsego. ADOPTED by the Otsego City Council this 12th day of March, 2018. MOTION made by Council Member IN FAVOR: OPPOSED: 2 ATTEST: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Cleric and SECONDED by Council Member