ITEM 8.1 Albertville Otsego Fire Shared Services GrantITEM S-1
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to
S OTA
MEMORANDUM
TO: Mayor and City Council
FROM: Lori Johnson, City Administrator
DATE: January 11, 2016
SUBJECT: Albertville Otsego Fire Shared Services Grant
Attached is a letter from State Fire Marshal Bruce West officially notifying Fire Chief Bullen of
the receipt of a shared services grant of $23,000 to study and evaluate the possibility of a joint
powers agreement between the cities of Albertville and Otsego for a joint fire department. The
grant is technically with the City of Albertville, although it will be a cooperative effort between
both cities.
The grant award was discussed at the January 6 Joint Fire Advisory Committee meeting during
which the Committee agreed that Springsted is the preferred consultant to conduct the study.
Springsted was initially contacted for a study cost estimate as Springsted has completed similar
studies for other jurisdictions. The Albertville City Council will enter into a contract with
Springsted for these services. The grant requires that the study be completed by June 30, 2016;
therefore, it is important to begin the grant work promptly.
Finally, when this item was discussed at the October 29, 2015, Council work session, it was
noted that a Memorandum of Understanding (MOU), or something similar, between the two
cities would be drafted and approved if the grant was received. No action is requested on this
item at this meeting; once the MOU is ready, it will be placed on a future agenda for approval.
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State Fire
Marshal
State Fire Marshal
445 Minnesota Street Suite 145 • Saint Paul, Minnesota 55101-5145 .
Phone: 651-201-7200 • Fax: 651-215-0525 • TTY: 651-282-6555
www.dps.state.rnn.us
To:
Eric Bullen
5959 Main Ave NE
P.O. Box 9
Albertville, Mn 55.301
From:
Bruce West
State Fire Marshal
445 Minnesota Street, Suite 145
St. Paul, MN 55101-5145
Congratulations!
The Shared Services Review.Committee has gone over all of the applications and scored
them according to the criteria in the Shared' Service Grant Application,information and your
application has been selected for a grant.award of $23,000. The grant award period is from
January 1, 2016 until June 30th 2016, so you will have to get working on it as soon as possible
in order to complete all of the grant work and have your documentation turned in to the
State Fire Marshal Division by the due date.
Three copies of the. contract are to be signed by you and mailed -back to the State Fire
Marshal Division to be executed fully. Once they have been executed, an original signed
copy will be returned to you for your records. If you have any questions please contact
Bruce Roed 651-201-7-218 or Bruce.Roed@state.mn.us
Respectfully,
Bruce West
State Fire marshal
EQUAL OPPORTUNITY EMPLOYER
Grant Contract No.
STATE OF WIDOWSOTA
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 Albertville Fire Department, 5959 Main
Avenue NE, P.O. Box 9 Albertville, MN 55301 ("Grantee").
Recitals
1 Under Minn. Stat_ § 299A.01, Subd 2 (4) the State is empowered to enter into this grant contract.
.2 State funds for this grant contract were provided under Laws of Minnesota 2010, Chapter 215, Article 11, Section 10
subdivision 4 for fire safety purposes and reallocated in 2014 with a supplemental appropriation.
3 The State is in need of benefit studies attendant to different models for shared fire and rescue service delivery and to
explore a shared services model for multiple fire 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.
Grant Contract
I Term of Grant Contract
11 Effective date: January 1, 2016 or the date the State obtains all required signatures under Minnesota Statutes
Section 16C.05, subdivision 2, whichever is later. Once this grant contract is fully executed, the Grantee may
claim reimbursement for expenditures incurred pursuant to Clause 4,2 of this grant contract. Reimbursements will
only be made for -those, expenditufes made according to the terms of this grant contract.
1.2 Expiration date: June 30, 2016 or until all obligations have been satisfactorily fulfilled, whichever occurs first.
1.3 Survival of Terms. The following clauses survive the expiration of cancellation of this grant contract: 8. Liability;
9. State Audits; 10. Government Data Practices; 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:
2.1 Contract for a Shared Services Study by an outside consultant to study and evaluate the possibility of a joint
powers agreement between the cities of Albertville and Otsego for a joint Fire Department. Th e Study wil I
address options for both cities who have each identified difficult issues that need to be addressed as part
of a joint powers agreement. These issues include: determining value of existing assets, appraisal of Albertville
Fire Department property, vehicles, equipment, buy- in formulas, voting members/board representation; budget
process, dispute resolution, and timing/location of new facilities, perform Otsego Station location study
ownership of assets, etc.
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
SFM Shared Services (01/13)
Grant Contract No.
grant contract, time is of the essence.
4 Consideration and Payment Consideration. The State will pay for all services performed by the Grantee under this
grant contract as follows:
(1) Compensation. The Grantee will be reimbursed an amount not to exceed $23,000.00 for contracting for
consultant services for the feasibility study and written report.
(2) Matching Requirements. (If Applicable.) Grantee certifies that the following matching requirement, for the
grant contract, will be met by the Grantee: 2 555.00.
(3) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee
under this grant contract will not exceed $23,000.00.
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 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 contract must be for services performed within applicable
state fiscal years Every state fiscal year begins on July 1 and ends on June 30.
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.WeA@state.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 Eric Bullen, Fire Chief, 5959 Main Avenue NE, Albertville MN
55301, 763-497-3384, ebullen@ci albertville.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.lAssignment. 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.
7.2Amendments. 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.
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.
SFM Shared Services (01/13)
Grant Contract No.
7.4Grant 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. § 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
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.
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 Publ%ity, 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.
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 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.
SFM Shared Services (0143)
Grant Contract No.
14.2 Termination for Insufficient Funding. The State may immediately terminate this grant contract if it does
not obtain funding from the Minnesota Legislature, or other funding source; 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 grant 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 receiving that notice.
15 Data Disclosure
Under Minn. Stat. § 270C.65, 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, or pay other state
liabilities.
1. ENCUMBRANCE VERIFICATION .
Individual certfes thatfunds have been encumbered as
required by Minn. Slat. §§ 16.4.15 and 16C.05.
Signed:
Date:
SWIFT PON _
2. GRANTEE
The Grantee cert�es that the appropriate persons)
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:
SFM Shared Services (01l13)
3. STATE AGENCY
By:
(with delegated authority).
Title:
Date:
Distribution:
DPSIFAS
Grantee
State's Authorized Representative