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HomeMy WebLinkAboutContract 22312231 SUB-GRANT AGREEMENT This Sub-Grant Agreement (the Agreement) is entered into on this ninth day of March, 2009, by and between the Metropolitan Emergency Services (Sub-Grantor), a Minnesota Regional joint powers board under the provisions of Minnesota Statutes, Section 403.39 and 471.59, and the City of Columbia Heights, a Municipal Corporation, (Sub-Grantee). RECITALS WHEREAS, in April 2008, the Minnesota Department of Public Safety (MDPS) received a grant of monies from the United States Department of Commerce for improvements to the Public Safety Interoperable Communications System (PSIC); and WHEREAS, the MDPS has entered into an agreement with Sub-Grantor (the MDPS Agreement), a copy of which. is attached hereto as Exhibit A, on or about December 10, 2008; and WHEREAS, it is a requirement of the United States Department of Commerce grant that the granted monies be used to supplement, not supplant or replace, funds appropriated from the State of Minnesota or the Sub-Grantee; and WHEREAS, the MDPS Agreement has imposed on the Sub-Grantor certain requirements and obligations to insure that grant funds are expended by Sub-Grantors for authorized activities and that appropriate records and certifications are prepared and maintained; and WHEREAS, the Sub-Grantor and Sub-Grantee are desirous of entering into the Sub-Grant Agreement; NGW, THEREIFGRE, in consideration. cf the mutual promises and covenants herein, Sub- Grantor (Metropolitan Emergency Services Board) and Sub-Grantee (City of Columbia Heights) do hereby agree as follows: I. Term of Sub-Grant Contract. 1. Effective date. This Agreement shall be effective on the date Sub-Grantee's grant request, a copy of which is attached hereto and incorporated herein by reference as Exhibit B (Grant Request), is approved by the Sub-Grantor and this agreement executed by the parties. 2. Expiration Date. This Agreement shall expire and be of no further force or effect on the earlier of the following: a) September 30, 2010. b) The disbursement to Sub-Grantee the sum of $20,925.27 II. Grant of Monies. The Sub-Grantor agrees to make available to Sub-Grantee a grant of up to $20,925.27 to reimburse Sub-Grantee for the acquisition of the interoperable radio communications equipment identified on the attached Exhibit B, which. is incorporated herein and made a part hereof. Sub- Grantee shall use the proceeds of the Grant only for the purchase of the equipment identified in Exhibit B. Sub-Grantee's reimbursement shall be limited to a maximum of 80% of the cost to purchase the equipment, and Sub-Grantee must provide a 20% match for such cost. The 20% match is calculated using the following formula: ((grant amount x 100) - 80) /grant amount. III. Sub-Grantee Representations and Warranties. With respect to this Grant, Sub-Grantee represents and warrants to Sub-Grantor as follows: I . It has the legal authority to enter into, execute and deliver this agreement, and it has taken or will take prior to disbursement of any Grant proceeds all actions necessary to the execution and delivery of this agreement and has the legal authority to purchase the equipment identified in Exhibit B. 2. This Agreement is a legal, valid and binding obligation of the Sub-Grantee and is enforceable against the Sub-Grantee according to its terms. 3. It will comply with all of the terms, conditions; and warranties in this Agreement. 4. To the best of its knowledge, it has made no material false statement of fact in connection with its receipt of this Grant, and all. of the information previously submitted to Sub- Grantor or which it will submit to the Sub-Grantor in the future relating to this Grant or the dlSbUrserr'ient of any Gfthe Grant iS and will ve true and CGTrect. 5. It will use the Grant proceeds solely for expenditures to purchase the equipment identified on Exhibit B. Provided, however, that Sub-Grantee may use Grant proceeds to purchase other interoperable radio equipment for the PSIC Grant, so long as such equipment is listed on the Statewide Radio Board's approved equipment list. In no case shall such substituted use of Grant proceeds increase the Grant amount. 6. It has or will comply with the matching fund requirements of Section IV 2 of this Agreement. IV. Consideration and Payment. Sub-Grantor will reimburse Sub-Grantee for all eligible and approved expenditures under this Sub-Grant Agreement as follows: $20,925.27. Compensation. Sub-Grantee will be reimbursed in an amount not to exceed 2 2. Matching Requirements. Sub-Grantee agrees that it will expend at least $5,231.32 from its own funds or other non-grant sources as a match for grant reimbursement. 3. Total Obligation. The total obligations of the Sub-Grantor to Sub-Grantee shall not exceed the sum of $20,925.27. 4. Payment. a) Invoices. The Sub-Grantor will promptly pay the Sub-Grantee upon submission of an invoice from the Sub-Grantee and the Sub-Grantor's Representative accepts the invoiced services. Invoices must be submitted in a timely manner. All requests for reimbursement must be submitted to the Sub-Grantor by June 30, 2010. Sub-Grantee must certify that the reimbursements and payments are accurate and appropriate based on the approved plan; that Sub-Grantee has verified the completion of the project or phase and that Sub-Grantee has obtained documentation of actual expenditures for which reimbursement is sought including copies of its itemized invoices and payment verification. b) Sub-Grantee's reimbursement requests to the Sub-Grantor shall include a summary report showing the following information: total budget showing both the contribution and grant funds, if applicable; previous expenditure and reimbursements made, if applicable; and the amount of current reimbursement request, if applicable. 5. Conditions of Payment. All services provided by the St-b-Grantee under this grant contract must be performed to the Sub-Grantor's and 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. Sub-Grantee will not receive payment for v~~orl: found by the State or Sub-Grantor to be unsatisfactory or performed in violation of federal, state, or local law. V. Miscellaneous 1. Authorized Representative. The Sub-Grantor's Authorized Representative is Jill Rohret, or her successor, and has the responsibility to monitor Sub-Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the Sub-Grantor's Authorized Representative will certify acceptance on each invoice submitted for payment. Sub-Grantee's Authorized Representative is Walt Fehst, City Manager, 590 40~~' Avenue NE, Columbia Heights, MN 55421 (763.706.3608). If Sub-Grantee's Authorized Representative changes at any time during this grant contract, Sub-Grantee must immediately notify the Sub- Grantor in writing. 2. Assignment, Amendments, Waiver, and Grant Contract Complete. a) Assignment. Sub-Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the Sub-Grantor 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. b) 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. c) Waiver. If the Sub-Grantor fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. d} Grant Contract Complete. This grant contract contains all negotiations and agreements between the Sub-Grantor and Sub-Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 3. Liability. Sub-Grantee must indemnify, save, and hold the Sub-Grantor, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the Sub-Grantor arising from the performance of this grant contract by Sub-Grantee or Sub- Grantee's agents or employees. This clause will not be construed to bar any legal remedies Sub- Grantee may have for the Sub-Grantor's failure to fulfill its obligations under this grant contract. Nothing in this section shall constitute or be deemed a waiver by Sub-Grantee of its statutory or common law immunities or limitations of liability, if any. Sub-Grantee shall maintain such books and records as will satisfactorily demonstrate to Federal, State, and Sub-Grantor's Auditors that Sub-Grantee has not used Grant monies to supplant or substitute for local funds. If upon such audit the auditing agency determines that Grant funds have been used to supplant, rather than supplement, local funds, and levies any penalties or fines, or requires refund of any Grant monies, Sub-Grantee agrees that it shall be responsible for such penalties, fines, or refundment, and shall hold the Sub- Grantnr harmless therefrom, 4. State Audits. Under Minn. Stat. § 16C.05, subd. 5, Sub-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. 5. Government Data Practices. Sub-Grantee and Sub-Grantor must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by Sub-Grantee under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by Sub-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 Sub-Grantee or the Sub-Grantor. If Sub-Grantee receives a request to release the data referred to in this Clause, Sub-Grantee must immediately notify the Sub-Grantor. The Sub-Grantor will give Sub-Grantee instructions concerning the release of the data to the requesting party before the data is released. 6. Workers' Compensation. Sub-Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. Sub-Grantee's employees and agents will not be considered Sub-Grantor employees. Any claims that may arise under the Mimiesota Workers' Compensation Act on behalf of these employees and any claims 4 made by any third party as a consequence of any act or omission on the part of these employees are in no way the Sub-Grantor's obligation or responsibility. 7. Publicity and Endorsement. a) 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 Sub- Grantee individually or jointly with others, or any subcontractors, with respect to the program publications, or services provided resulting from this grant contract. b) Endorsement. Sub-Grantee must not claim that either the State or the Sub-Grantor endorses its products or services. 8. 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. 9. Termination. a) Termination by the Sub-Grantor. The Sub-Grantor may cancel this grant contract at any time, with or without cause, upon 30 days' written notice to the Sub-Grantee. Upon termination, the Sub-Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. b) Termination ~'or lEnsufficient Fundang. The Sub-Grantor rr~ay immediately terminate this grant contract if it does not obtain funding from the Minnesota Department of Public Safety, or other funding source; of 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 Sub-Grantee. The Sub-Grantor is not obligated to pay for any services that are provided after notice and effective date of termination. However, Sub-Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The Sub-Grantor will not be assessed any penalty if the grant contract is terminated because of the decision of the Minnesota Department of Public Safety, or other funding source, not to appropriate funds. The Sub-Grantor must provide Sub- Grantee notice of the lack of funding within a reasonable time of the Sub-Grantor receiving that notice. 10. Data Disclosure. Under Minn. Stat. § 270C.65, and other applicable law, Sub- 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 Sub-Grantee to file state tax returns and pay delinquent state tax liabilities, if any, or pay other state liabilities. 11. Dispute Resolution. In the events of a dispute between the Sub-Grantor and any other party to this agreement as to the terms of this agreement, the parties to the dispute shall submit such dispute to mediation before commencing litigation. The costs of such mediation shall be shared equally by the parties to the mediation. 12. Grants Gver $100,000.00. If the Grant exceeds $100,000.00, Sub-Grantee must complete a Certification Regarding Lobbying in the form attached hereto as Exhibit C. SUB-GRA OR Bv. ~(.Ps,~_ By: Its: Dated: Approved as to Form: ~ ~, ~~ By: ~ ~! Assistant Ramsey County Attorney Dated: S B It Dated: Dated: 6 EXHIBIT A SUB-GRANTOR/STATE AGREEMENT EXHIBIT B EQUIPMENT TO BE PURCHASED Include Cost Estimates Attached. ~~'~ ? Grant Agreement Page 1 of 2 .~~~ Minnesota Department of Public Safety ("State") Grant Program: Homeland Security and Emergency Management Division HSEM PSIC 2007 444 Cedar Street, Suite 223 St. Paul, Minnesota. SS I01-6233 Grant Agreement No.: . 2009-PSIC-00206 / 2000-12753 Grantee• Grant Agreement Term: Metropolitan Emergency Services Board Effective Datec 7/1/2008 2099 W University Avenue ~ Expiration Date: 9/30/2010 St Paui, Minnesota SS 104-3431 Grantee's Authorized Representative: Grant Agreement Amount: Jill Rohret, Regional Radio Services Coordinator Original Agreement $1,285,465.00 2099 University Avenue West, Suite 201 St. Paul, MN SS 104-3431. Matching Requirement $297,224.00 Phone: 651-643-8394 Fax:651-603-0101 email: 'rohret ,mn-mesb.or State's Authorized Representative: Federal Funding: CFDA 11.555 Shen-ill Neudahl, Grants Specialist State Funding: . 444 Cedar Street, Suite 223 Special Conditions: None St Paul, MN SS 101 Phone: (651) 201-7421 Fax: (6S 1) 296-0459 Email• Sherrill neudahl(a7state mn us ~ I Under Minn. Stat. § 299A.01 Subd 2_(4) the State is empowered to enter.into this grant agreement. Terrat: Effective deters the date'shown above or the date the State obtains all required signatures under Minn. Stet. § 16C.OS, subd. 2, whichever is later. Once this grant agreement is fully. executed, the Grantee may claim aeirnbursement for expenditures. incurred pursuant to the Payment.clause of this grant agreement: Reimbursements will only be made•for. those expenditures made according to the teens of this grant agreement. Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled, whichever occurs first. The Grantee, who is not a state employee will: Perform and accomplish such purposes and activities as specified herein and in the Grantee's approved HSEM PSIC 2007 Application ("Application") which is incorporated by reference into this grant agreement and on f 1e witli the State at 444 Cedar Street, Suite 223, St. Paul, Minnesota 55101-6233. The Grantee shall also comply with all requirements referenced in the HSEM PSIC 2007 Guidelines and Application which includes the Terms and Conditions and Grant Program Guidelines (w<vw.wet?o.dps.state.mn.us), which are incorporated by reference into this grant agreement. Budget Revisions: The.breakdown of costs of the Grantee's Budget is contained in Exhibit A, which is attached and incorporated into this grant agreement. As stated in the Grantee's Application and Grant Program Guidelines, the Grantee will submit a written change request for any substitution of budget items or any deviation and in accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by the Grantee. Matching Requireraients: (lf applicable.) As stated in the Grantee's Application, the Grantee certifies that the matching requirement will be met by the Grantee. DPS Grant Agreement non-state 09/08 ~, ~~~ Grant Agreement Page 2 of 2 , ,~ Payment: As stated in the Grantee's Application and Grant Program Guidance, the State will promptly pay the Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will not be made if the Grantee has not satisfied reporting requirements. Certification Regard[rzg Lobbying: (lf applicable) Grantees receiving federal funds over $100,000.00 must complete and return the Certification Regarding Lobbying form provided by the State to the Grantee., I. ENCUMBRANCE VERIFICATION 3. STATE AGENCY lndivjdttal certifies that funds have been etacun:bered as , required by Mim' Sia~.:'~~1?~ra~tt~7GC`.t~7t P R; '°°. By; ~ ~ a,~~,.., iir,.~.,.t)ti~_ e.:7,§~ ~; ~i~,;. ~~ (with delegat ~~~ ~~~~~ Signed: _______ "'_' " `~~~ Title: ,• , Date: Date: Grant Agreement z. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant agreement on beha f of the Grantee as re9tnre/d b~ applicdble articles, bylmvs, resolutions, or ordinances. Title: ~•/} ;~^L /7 Date: _~~%~"I d By: • Distribution: DPS/FAS Title: Grantee State's Authorized Representative Date; DPS,Grant Agreement non-state 09/08 Grant Agreement CERTIFICATION REGARDING LOBBYING For State of Minnesota Contracts and Crrants over $100,000 The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of aMember of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an off:'icer ar employee of any agency, A Ivlember of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (3) The undersigned. shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that~all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was Ynade or entered into. Submission of this certification is a prerequisite for making or entering into this transaction. imposed by Section 1352, Title 31 U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of zzot less than $10,000 and not more than $100,000 for each such failure. Organizatio Name ~ ./ Name an Title of OfFicial Signing for Organization ~},,,, Signature. of I}at---~ Approved ~~~.s tcs' form: ~f~" ,MESB Counsel DPS Grant Agreement non-state O1/OS m ~- N O N e- ~ ~ .,-. u7 ~ Z ~~ //^~ V! ~_ C (LS ~ Cn U d' 0 N >_. 0 C N tSf ~ C/) ~ ~, ~ ~ Qy ~W ~.. 'Li C G N c4 ~ ~: 0 0~' Q~ ~ O ~ _ ~~ '~*- in 0 T ~' Q cV of N U_ d Q. A Z C O .~ U .Q Q Q v ^.. t0 O LYl O (SS (6 C O .~ C .O •+-.. C, .~ Q C C~ G t~4~ C O U ~c O U N .Q C .~ U Q.. N Q3 O EXHIBIT A . U U N N U U O O U.yU., O O N .. -, -1 N ~ t00 COO J ~ O ~ ~n J ~ o ~ t~ M c m ~ o o ~ ~ ° _ r O) O O O i O ~ ~~ N ~ ~' ~ ~ . 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L ~ D r ~ ~ ~ e4 ~ a+ O ~ .{+ O L - ~ -- . - - V C :o V a s o- w ~ ~~ ~ Z Q C u~! = o ~ °o a ~ c W +~'~ 0 p ~ ~ ~ V a l ~ Z O ~ O _ ~ g O 4 ~ J ® m i7i ~: ~ ~ ~ r,• ~ g 4 a - m ~ " ` <, ~~ ~ ~ ~ c. ,. a ". ~ ~ M Q ~ zv~ ~ pp F- `"~ ~y - el i ~ ~~ ° a~ ~ ~ 3 ` ~ Nn Nn O ~ x( ° ~ - , ~ O ~ e t X :,, L? '~ L a+ N ~ ~ ai N m m ~ n ~- r ~ ~ ' W - 9 'i~ . Liz y~ :?! * ~ ~ g ,~ d G to Off. ~ 3L ~; t1 ~,r~OP~~,®~~ ~ l r 3y METROPOLITAN ~ EMERGENCY SERVICES BOARD .,.~ ~J ~ r ~ ~~~~t~` 2099 UNIVERSITY AVENUE WEST "'°' suITE 201 SAINT PAUL, MINNESOTA 55 1 04-343 1 September 22, 2009 PHONE 651 -643-8395 FAX 651 -603-01 O 1 WWW.MN-M ESB.ORG Mr. Walt Fehst, City Manager City of Columbia Heights 590 40`h Avenue NE Columbia Heights, MN 55421 Dear Mr. Fehst: Enclosed please find a fully executed copy of the PSIC Sub-Grant Agreement between the Metropolitan Emergency Services Board and the City of Columbia Heights. This copy is for your records. As a reminder, the MESB must submit proof that funds have been encumbered by December 31, 2009. If funds have not been spent by the end of November 2009, I will be co_n_tacting you. in early December to receive proof of encumbrance. Additionally, the MESB must submit alI invoices for reimbursement by June 30, 2010. Please feel free to contact me at jrohret d>mn-mesb.org or (651) 643-8394 if you have any questions regarding this agreement or the reimbursement procedures of this agreement. Thank you for your time and consideration. I look forward to working with Columbia Heights during this grant process. incerely, E Jill Rohret ~:~~.~ Regional Radio Services Coordinator Enclosure (1) PIiE[vfE3ERS: A.tvd0@CA ~ CA62VER d CH6SAGC3 a OA6aOTA F1EhJi+1EPIN RANISB°I d SGdTT W<4SHBNGYON Ci'7`Y 45F MiNC~1EAPC3LIS