HomeMy WebLinkAboutContract No. 2013 2493 J
Grant Contract No.3000016498
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 Columbia Heights, 590 40th Ave N.E,
Columbia Heights,MN 55421 ("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.
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
1 Term of Grant Contract
1.1 Effective date: January 1,2013, 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 expenditures made according to the terms of this grant contract.
1.2 Expiration date: June 30,2013,or until all obligations have been satisfactorily fulfilled,whichever occurs first.
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; 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 with an independent,third party consultant to perform a feasibility study and prepare a written report on
sharing fire and rescue services for the following entities:City of Columbia Heights Fire Department,City of St.
Anthony Fire Department,and City of Fridley Fire Department. City of Columbia Heights Fire Department
provides fire/medical service to the City of Hilltop by contract. The study should consider the following:
• Financial data, including debt information,long-range financial plans and projections
• Department administrative policies and procedures
• Standard Operating Guidelines(SOGs)and service delivery practices
• Facilities and apparatus inventories
• Automatic and mutual aid agreements
• Records management data,including National Fire Incident Reporting System(NFIRS)
incident data
• Computer-Aided Dispatch(CAD)incident records
• Local Geographic Information Systems(GIS)data,where available
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.
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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:
(1) Compensation. The Grantee will be reimbursed an amount not to exceed$28,000.00 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: $3,111.00.
(3) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee
under this grant contract will not exceed$28,000.00.
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 Jerry Rosendahl,State Fire Marshal,445 Minnesota Street, Suite 145, St.
Paul,MN 55101-5145,(651)215-0541,Jerry.R.osendahIPa_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 Walt Fehst,City Manager,590 40'b Ave N.E,Columbia Heights, MN
55421,763-706-3608,welt.fehstf- Lcolulnbia-heights.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
T AAsiignment. 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
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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.
7AGrant 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. Star. § 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.
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.
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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.
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�+ 3. S AGENCY
Individual cer G red as
required by Minn.Stat.§§16A.15 and 16C.05. By:
e hor j
Signed: EEB ,' 13 Title:
Date: Date:
SWIFT PO#3-16498 ALEROHDE
2. GRANTEE
The Grantee certifies that the appropriate person(s)
have executed the grant contract on behalf of the Grantee as
required b"applicab, r f� s,�,m��s,r of ons,or dinances.
By .
Title: s
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Date:
By:y G �
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Title: 8'�
Date: / Distribution:
DPS/FAS
Grantee
State's Authorized Representative
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