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CITY COUNCIL AGENDA REPORT
MEETING DATE: MAY 28, 2013
AGENDA #: 5H
PREPARED BY: JANE KANSIER, ASSISTANT CITY MANAGER
PRESENTED BY: JANE KANSIER, ASSISTANT CITY MANAGER
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR AND
CITY MANAGER TO ENTER INTO A GRANT AGREEMENT WITH THE MINNE-
SOTA POLLUTION CONTROL AGENCY FOR RECEIPT OF A$5,000 LOCAL
GOVERNMENT AIR POLLUTION EMISSIONS REDUCTION GRANT
DISCUSSION: Introduction
The purpose of this agenda item is to request the City Council authorize the Mayor
and City Manager to enter into Grant Agreement for receipt of a Local Govern-
ment Air Pollution Emissions Reduction grant from the Minnesota Pollution Control
Agency in the amount of $5,000. The agreement sets out the terms and obliga-
tions of the City and the MPCA for the use of the grant funds.
Hi StOry
The Minnesota Pollution Control Agency (MPCA) recently solicited proposals for
air pollution emission reduction projects to improve air quality and to assist local
governments in leading by example. Eligible projects included improving fuel
economy through the use of route optimization software or purchasing plug-in
charging stations for electric vehicles. The maximum grant award was the lesser
of $5,000, or 75% of the total project cost.
Current Circumstances
The City of Prior Lake submitted an application to install AVL equipment on the
City's road maintenance vehicles. The City of Prior Lake currently has AVL
equipment on 8 vehicles in the road maintenance fleet, and has the corresponding
software. Our goal is to equip the remainder of our road maintenance fleet in or-
der to optimize our maintenance routes. This project includes installation of AVL
units and antennas on the remaining 28 vehicles. Based on our experience with
the AVL units in a limited number of vehicles, this technology optimizes our effi-
ciency in time, fuel, and materials application. The project will provide data to
manage efficiencies in operations and fuel use.
The MPCA awarded the City $5,000 in grant funds for this program. We expect to
complete the project this year.
Conclusion
The proposed project will have a positive impact on air quality, and will enable
staff to more efficiently operate and route maintenance.
ISSUES: The City of Prior Lake Public Works Department maintains 100 miles of streets.
The City regularly looks for ways to operate more efficiently and in a more envi-
ronmentally friendly manner, as evidenced by the APWA award-winning snow and
ice control program. The City currently operates an AVL system on 8 vehicles in
the fleet, and had budgeted for additional equipment on the fleet. This grant will
allow us to leverage the already budgeted funds to complete the AVL installation
on the entire maintenance fleet.
FINANCIAL The total project cost estimate is $16,952.00. The breakdown of these costs is as
IMPACT: follows:
Grant funds: $ 5,000.00
Equipment Costs (City): $ 5,500.00
Staff Labor Costs (Citv): $ 6,452.00
TOTAL PROJECT COST: $16,452.00
The City Street, Water and Sewer budgets (#101-43100, 601-49400 and 604-
49450) will be used for the cash match.
ALTERNATIVES: The alternatives are as follows:
1. Adopt a resolution authorizing the Mayor and City Manager to enter into a
grant agreement with the Minnesota Pollution Control Agency for receipt of a
$5,000 Local Government Air Pollution Emissions Reduction Grant.
2. Table this item for a specific reason.
3. Deny this agenda item for a specific reason and provide staff with direction.
RECOMMENDED Alternative #1
MOTION: A motion and second adopting a resolution authorizing the Mayor and City Man-
ager to enter into a grant agreement with the Minnesota Pollution Control Agency
for receipt of a$5,000 Local Government Air Pollution Emissions Reduction
Grant.
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4646 Dakota Street SE
`�INxESO'��` Prior Lake, MN 55372
RESOLUTION 13-xxx
A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A GRANT
AGREEMENT WITH THE MINNESOTA POLLUTION CONTROL AGENCY FOR RECEIPT OF A$5,000
LOCAL GOVERNMENT AIR POLLUTION EMISSIONS REDUCTION GRANT
Motion By: Second By:
WHEREAS, The Minnesota Pollution Control Agency (MPCA) is authorized to provide grant funds to local
governments to reduce air pollution emissions and to enable local governments to lead by
example; and
WHEREAS, The City of Prior Lake submitted an application to the MPCA for the installation of route
optimization equipment on maintenance vehicles; and
WHEREAS, Grant funds will be used to purchase the route optimization equipment; and
WHEREAS, The City will match the grant proceeds with cash and in-kind labor; and
WHEREAS, The City of Prior Lake and the MPCA wish to enter into a Grant Agreement to set forth the
terms and conditions relating to the granting and disbursement of the grant funds.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Mayor and City Manager are authorized to enter into a grant agreement with the MPCA for the
receipt of a Local Government Air Pollution Emissions Reduction Grant in the amount of $5,000.
3. The City funding source for this purchase shall be in equal amounts as follows:
Streets: #101-43100-240
Water: #601-49400-241
Sewer: #604-49450-241
PASSED AND ADOPTED THIS 28T" DAY OF MAY 2013.
YES NO
Hedber Hedber
Keene Keene
McGuire McGuire
Morton Morton
Souku Souku
Frank Boyles, City Manager
SW1FT Contract No.: 0000000000000000000061533
STATE OF MINNESOTA
GRANT CONTRACT
This Grant Contract is between the State of Minnesota, acting through its Commissioner of the MINNESOTA
POLLUTION CONTROL AGENCY ("State" or "MPCA"), 520 Lafayette Road North, St. Paul, Minnesota 55155, and
the CITY OF PRIOR LAKE, 4646 Dakota Street SE, Prior Lake, MN 55372 ("Grantee").
Recitals
1. Under Minnesota Statute § 116.03, subd. 2, the State is empowered to enter into this grant.
2. The State is in need of the Grantee to do installation on maintenance vehicles.
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. Pursuant to Minnesota Statutes § 16B.98 Subdivision 1, the Grantee agees to minimize
administrative costs as a condition of this grant.
Grant Contract
1 Term of Grant Contract
1.1 Effective date: May 16, 2013, or the date the State obtains all required signatures under Minnesota Statutes
§16C.05, subdivision 2, whichever is later.
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, 2014, 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: Liability;
State Audits; Government Data Practices and Intellectual Property; Publicity and Endorsement; Governing Law,
Jurisdiction, and Venue; and Data Disclosure.
2 Grantee's Duties
The Grantee, who is not a state employee, will conduct the Project as specified by the duties described in
ATTACHMENT A, which is attached and incorporated into this Grant Contract. The Grantee will have the option of
submitting all required reports electronically or by mail.
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 gant contract as follows:
(a) Compensation. The Grantee will be paid according to the breakdown of costs contained in the budget section
of ATTACHMENT B.
(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 geater amount than provided in the current
"Commissioner's Plan" promulgated by the commissioner of the Minnesota Management and Budget Office.
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 $5,000 (Five Thousand Dollars).
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SWIFT Contract No.: 0000000000000000000061533
4.2. Payment
(a) Invoices. Upon execution of this Grant Contract the MPCA shall promptly pay the Grantee, after the Grantee
presents an itemized invoice for work actually performed and the State's Authorized Representative accepts
the invoiced work. Invoices must be submitted at least quarterly, and be received within 30 days from the end
of each quarter. Invoices shall include:
o Name of Grantee
o Grantee Project Manager
o Grant Amount
o Grant Amount available to date
o Invoice Number
o Invoice Date
o Purchase Order Number
o MPCA Project Manager
o State Grant Contract Number (SWIFT)
o Invoicing Period (actual working period)
o Subcontractor invoices, if applicable
Itemized labor (hourly breakdown), equipment
Invoices for work done through June 30` each year must be submitted by July 31 or the invoice
may not be paid. Invoices shall be submitted to:
Minnesota Pollution Control Agency
Accounts Payable, 6�` Floor
520 Lafayette Road
St. Paul, Minnesota 55155-4194
Or e-mail to: mnca.ap�a�state.mn.us (subject line: Grantee Name, invoice number, and SWIFT number)
Invoices must be submitted timely.
5 Conditions of Payment
All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as set
forth in this contract, and in accordance with all applicable federal, state, and local laws, ordinances, rules, and
regulations.
6 Authorized Representative
The State's Project Manager far this project is Fran Crotty, 520 Lafayette Road North, St. Paul, MN 55155,
651-757-2297, fran.crotty��a,state.mn.us, or her successor, and has the responsibility to monitor the Grantee's
performance and the authority to accept the services provided under this Grant Contract. The State's Project
Manager must review all invoices prior to being signed by the State's Authorized Representative.
Grantee's Authorized Representative
The Grantee's Authorized Representative is Frank Boyles, 4646 Dakota Street SE, Priar Lake, MN 55372, 952-
447-9800, fbo�es(�a,citvofpriorlake.com, or his successor. If the Grantee's Authorized Representative changes at
any time during this AGREEMENT, the Grantee must immediately notify the State.
Grantee's Project Manager
The Grantee's Project Manager is Jake Theisen, 17073 Adelmann Street SE, Prior Lake, MN 55372, 952-447-
9830, jtheisen(�a,cit�fpriorlake.com, or his successor. If the Grantee's Project Manager changes at any time
during this AGREEMENT, 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 gant 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.
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SWIFT Contract No.: 0000000000000000000061533
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.
73 Waiver. If the State fails to enforce any provision of this gant 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
Each party will be responsible for its own acts and behavior and the results thereof. The liability of the State is set
out in chapter 3.736 and the liability of the Grantee is set out in chapter 466 of the Minnesota Statutes and both
are subject to the limitations thereof. Nothing herein shall be construed to limit either party from asserting against
third parties any defenses or immunities (including common law, statutory and constitutional) it may have or be
construed to create a basis for a claim or suit when none would otherwise exist. This provision shall survive the
termination of this Agreement.
9 State Audits
Under Minn. Stat. §16B.98, Subd.8, the Grantee's books, recards, 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 period of time to satisfy all
state and program retention requirements, whichever is later.
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, ar 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.
10.2. Intellectual Property Rights
(A) Intellectual Property Rights: All rights, title, and interest to all intellectual property rights, including
all copyrights, patents, trade secrets, trademarks, and service marks in the WORKS and
DOCUMENTS created and paid for under this Grant Contract, shall be jointly owned by the
GRANTEE and the STATE. WORKS shall mean all inventions, improvements, or discoveries
(whether or not patentable), databases, computer programs, reports, notes, studies, photographs,
negatives, designs, drawings, specifications, materials, tapes or disks, conceived, reduced to practice,
created, ar originated by the GRANTEE, its employees and subcontractars, either individually or
jointly with others, in the performance of this Grant Contract. "DOCUMENTS" shall mean the
originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs,
drawings, specifications, materials, tapes, disks, or other materials, whether intangible or electronic
forms, prepared by the GRANTEE, its employees, or subcontractars, in the performance of this Grant
Contract. The ownership interests of the STATE and the GRANTEE in the WORKS and
DOCUMENTS shall be equaL The party's ownership interest in the WORKS and DOCITMENTS
shall not be reduced by any royalties or revenues received from the sale of the products or the
licensing or other activities arising from the use of the WORKS and DOCLJMENTS. Each party
hereto shall, at the request of the other, execute all papers and perform all other acts necessary to
transfer or record the appropriate ownership interests in the WORKS and DOCUMENTS.
(B) Obligations
a. Notification: Whenever any invention, improvement, ar discovery (whether or not patentable) is
made or conceived for the first time, or actually or constructively reduced to practice by the
GRANTEE, including its employees and subcontractors, in the performance of this Grant Contract,
the GRANTEE shall immediately give the State's Authorized Representative written notice thereof,
and shall promptly furnish the Authorized Representative with complete information and/or
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SWIFT Contract No.: 0000000000000000000061533
disclosure thereon. All decisions regarding the filing of patent, copyright, trademark or service
mark applications and/or registrations shall be the joint decision of the GRANTEE and the STATE,
and costs for such applications shall be divided as ageed by the parties at the time of the filing
decisions. In the event the parties cannot agree on said filing decisions, the filing decision will be
made by the STATE.
b. Representation: The GRANTEE shall perform all acts, and take all steps, necessary to ensure that
all intellectual property rights in the WORKS and DOCUMENTS are the sole property of the
GRANTEE and the STATE as agreed herein, and that no GRANTEE employee, agent, or
contractor retains any interest in and to the WORKS and DOCUMENTS. The GRANTEE
represents and warrants that the WORKS and DOCUMENTS do not and shall not infringe upon
any intellectual properiy rights of others. The GRANTEE shall indemnify, defend, and hold
harmless the STATE, at the GRANTEE's expense, from any action or claim brought against the
STATE to the extent that it is based on a claim that all or part of the WORKS or DOCUMENTS
infringe upon the intellectual property rights of others. The GRANTEE shall be responsible for
payment of any and all such claims, demands, obligations, liabilities, costs, and damages including,
but not limited to, attorney fees. If such a claim or action arises, or in the GRANTEE's or the
STATE's opinion is likely to arise, the GRANTEE shall, at the STATE's discretion, either procure
for the STATE the right or license to use the intellectual property rights at issue or replace or
modify the allegedly infringing WORKS or DOCUMENTS necessary and appropriate to obviate
the claim. This remedy shall be in addition to, and not exclusive of, other remedies provided by
law.
(C) Use of Works and Documents: The STATE and GRANTEE shall jointly have the right to
make, have made, reproduce, modify, distribute, perform, and otherwise use the WORKS,
including DOCLJMENTS produced under this Grant Contract, for noncommercial research, scholarly
work, government purposes, and other noncommercial purposes without payment or accounting to the
other party. No commercial development, manufacture, marketing, reproduction, distribution, sales or
licensing of the WORKS, including DOCLTMENTS, shall be authorized without a future written
contractual agreement between the parties.
(D) Possession of Documents: The DOCLJMENTS may remain in the possession of the GRANTEE. The
STATE may inspect any of the DOCUMENTS at any reasonable time. The GRANTEE shall provide
a copy of the DOCUMENTS to the STATE without cost upon the request of the STATE.
(E) Survivability: The rights and duties of the STATE and the GRANTEE, provided for above, shall
survive the expiration or cancellation of this Grant Contract.
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 progam, 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.
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SWIFT Contract No.: 0000000000000000000061533
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.
142 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 progess has not been made
or that the purposes for which the funds were ganted 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
reyuiring the return of all or part of the funds already disbursed.
14.3 Terminalion for Insufficient Funding. The State may immediately terminate this grant contract if:
a) 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. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social
security number, federal employer tax identification number, and/or Minnesota taY identification number, already
provided to the State, to federal and state t� agencies and state personnel involved in the payment of state
obligations. These identification numbers may be used in the enforcement of federal and state taa� laws which
could result in action requiring the Grantee to file state t� returns and pay delinquent state ta�c liabilities, if any.
IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be duly executed intending to be bound
thereby.
1. STATE ENCUMBRANCE VERIFICATION 3. MINNESOTA POLLUTION CONTROL AGENCY
Individual certifies that f:�nds have been encumbered as
required by Mrnn. Stat. '' 16A.15 and 16C.05. By:
(with delegated authority)
Signed: Title:
Date: Date:
SWIFT Contract No: 61533
PO No.:
2. CITY OF PRIOR LAKE
The Grantee ceRi£es 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: Distribution:
Agency
Title: Grantee
State's Authorized Representative — On-Base Link
Date:
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