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HomeMy WebLinkAbout20101115 - VI-09f To: Mayor Hicks and City Councilmembers From: Tom Montgomery Date: November 10, 2010 Re: Approve and Accept MDH Wellhead Protection Grant Council Action Requested: Council is request to approve and accept the enclosed grant from the Minnesota Department of Health for $9,750 to help cover the City's cost in developing the required Wellhead Protection initial "potential contamination source location verification" data base and GIS mapping. Background Information: As part of the City's Wellhead Protection program, the City is required to inventory and verify potential ground water contamination sources such as hazardous waste generators, existing wells, underground storage tanks, and old dump sites within our Drinking Water Source Management Area. This large list of properties needs to be verified annually as part of our annual Wellhead Protection Activities report that is submitted to the Minnesota Department of Health. The grant will allow the City to contract with Barr Engineering to develop the initial inventory, data base, and GIS mapping of these potential ground water contamination sources, and provide training for City staff to update this information for future reports. Financial Impact: Grant revenue should match consultant expenses. Attachments: • Copy of Grant City ur Hastlms + 101 FbLrrM Street East + Haslings, MN 55 3- 55 o. p:e6i4 #23 + f-65id437-443 + ww rA.hastings mus Grant Agreement Number B50469 Between the Minnesota Department of Health and City of Hastings Minnesota Department of Health Grant Agreement THIS GRANT AGREEMENT, and amendments and supplements thereto, is between the State of Minnesota, acting through its Commissioner of Minnesota Department of Health (hereinafter "STATE ") and City of Hastings., an independent organization, not an employee of the State of Minnesota, address 101 4th Street E, Hastings, MN 55033 (hereinafter "GRANTEE "), witnesseth that: WHEREAS, the STATE, pursuant to Minnesota Statute §I 14D.50 Clean Water Fund is empowered to assist public water suppliers to implement their source water protection plans. WHEREAS, the commissioner of health is authorized to enter into contractual agreements with any public or private entity for the provision of statutorily prescribed public health services by the department. (Minn. Stat § 144.0742) WHEREAS, GRANTEE represents that it is duly qualified and willing to perform the services set forth herein. NOW, THEREFORE, it is agreed: GRANTEE'S DUTIES:. A. GRANTEE, who is not a state employee, shall complete the following work: • Verify previously unverified potential contaminant source locations within DWSMA • Public education • Perform all the work items listed in Grant Application which is incorporated by reference B. On or before the end date of this Agreement, the GRANTEE shall provide the STATE with one electronic copy of all final products produced under this AGREEMENT, including reports, publications, software and videos. Any GRANTEE activity that involves data collection must be submitted to MDH upon completion of the project and in the format agreed by the STATE. C. The GRANTEE shall submit a Final Report upon submittal of the Final Invoice. The Final Report shall be due no later than the expiration day of the AGREEMENT. The Final Report shall describe activities undertaken and accomplishments of each task, and any problems encountered in the performance of the work under this AGREEMENT, including the costs associated with completion of the tasks. D. Data collected during the project shall be reported in a format acceptable to the STATE. E. In the event the GRANTEE is unable to begin grant activities or to satisfactorily perform the duties specified in this grant agreement, the GRANTEE shall remit to the STATE within five days of demand the amount paid under this section minus any actual expenses incurred and otherwise authorized which are documented by adequate invoices acceptable to the STATE. II_ CONSIDERATION AND TERMS OF PAYMENT A. Consideration for all services performed by GRANTEE pursuant to this grant agreement shall be paid by the STATE as follows: HE- 01550 -14 (01/10) Grant Agreement Number B50469 Between the Minnesota Department of Health and City of Hastings 1. Compensation: The GRANTEE will be paid according to the following breakdown of costs: Potential contaminant sources location verification: Project manager 9 hours at $9,000 $155 /hour; GIS specialist 117 hours at $65/hour Compilation of information for posting on website: Project manager 1 hour at 750 $155/hour; Geologist 7 hours at $85/hour TOTAL $9,750 2. The total obligation of the STATE for all compensation and reimbursement to GRANTEE under this AGREEMENT shall not exceed $9,750 (nine thousand seven hundred fifty dollars). B. Terms of Pam 1. The STATE shall promptly pay the GRANTEE, after the GRANTEE presents an itemized invoice for work actually performed, the State's Authorized Representative accepts the invoiced work and the STATE is satisfied that the work has been completed according to the terms of this AGREEMENT. The STATE can withhold payment for work that is unsatisfactory or illegal. 2. Invoices must be submitted using the form attached as Exhibit A, which is attached and incorporated into this agreement and submitted to: Attn: Cristina Covalschi Source Water Protection Minnesota Department of Health PO Box 64975 St. Paul, MN 55164 -0975 3. If the Final Report is not received by the STATE before the end date of this AGREEMENT, the GRANTEE may forfeit the Final Payment. III. CONDITIONS OF PAYMENT All services provided by GRANTEE pursuant to this grant agreement shall be performed to the satisfaction of the STATE, as determined at the sole discretion of its Authorized Representative, and in accord with all applicable federal, state, and local laws, ordinances, rules and regulations. The GRANTEE shall not receive payment for work found by the STATE to be unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule or regulation. IV. TERMS OF AGREEMENT This grant agreement shall be effective on November 15, 2010, or upon the date that the final required signature is obtained by the STATE, pursuant to Minnesota Statute § 16C.05, Subdivision 2, whichever occurs later, and shall remain in effect until June 30, 2012, or until all obligations set forth in this grant agreement have been satisfactorily fulfilled, whichever occurs first. GRANTEE understands that NO work should begin under this grant agreement until ALL required signatures have been obtained, and GRANTEE is notified to begin work by the STATE'S Authorized Representative. If the GRANTEE does not commence the Project within six months of the Execution Date of this Agreement, the STATE reserves the right to cancel this agreement and reallocate the funds- HE- 01550 -14 (01 /10) Page 1 Grant Agreement Number B50469 Between the Minnesota Department of Health and City of Hastings V. CANCELLATION A. If the GRANTEE fails to comply with the provisions of this grant agreement, the STATE may terminate this grant agreement without prejudice to the right of the STATE to recover any money previously paid. The termination shall be effective five business days after the STATE mails, by certified mail, return receipt requested, written notice of termination to the GRANTEE at its last known address. B. The STATE or GRANTEE may cancel this grant agreement at any time, with or without cause, upon thirty (30) days written notice to the other party. VI. STATE'S AND GRANTEE'S AUTHORIZED REPRESENTATIVE • The STATE'S Authorized Representative for the purposes of administration of this grant agreement is Randy Ellingboe, Manager, Section of Drinking Water Protection Section, or his successor. Such representative shall have final authority for acceptance of GRANTEE'S services and if such services are accepted as satisfactory, shall so certify on each invoice submitted pursuant to Clause II, paragraph B. • The GRANTEE'S Authorized Representative for purposes of administration of this grant agreement is John Zgoda, Public Works Superintendent. The GRANTEE'S authorized Representative shall have full authority to represent GRANTEE in its fulfillment of the terms, conditions and requirements of this grant agreement. VII. ASSIGNMENT GRANTEE shall neither assign nor transfer any rights or obligations under this grant agreement without the prior written consent of the STATE. VIII. AMENDMENTS Any amendments to this grant agreement shall be in writing, and will not be effective until it has been fully executed by the same parties who executed the original grant agreement, or their successors in office. IX. LIABILITY GRANTEE shall indemnify, save, and hold the STATE, its representatives and employees harmless from any and all claims or causes of action, including all attorneys' fees incurred by the STATE, arising from the performance of this grant agreement by GRANTEE or GRANTEE'S agents or employees. This clause shall not be construed to bar any legal remedies GRANTEE may have for the STATE'S failure to fulfill its obligations pursuant to this grant agreement. Nothing herein shall be construed as a waiver by GRANTEE of any of the immunities or limitations of liability to which GRANTEE may be entitled to pursuant to Minnesota Statute Chapter 466 or pursuant to any other statute or law. X. STATE AUDITS The books, records, documents, and accounting procedures and practices of the GRANTEE relevant to this grant agreement shall be made available and subject to examination by the STATE, including the contracting Agency/Division, Legislative Auditor, and State Auditor for a minimum period of six (6) years from the end of this grant term. XI. DATA PRACTICES ACT The GRANTEE and the STATE shall comply with the Minnesota Data Practices Act and other applicable laws as it applies to all data provided by the STATE in accordance with this grant agreement and as it applies to all data created, gathered, generated or acquired in accordance with this grant agreement. XIL OWNERSHIP OF EQUIPMENT The STATE shall have the right to require transfer of all equipment purchased with grant funds (including title) to the STATE or to an eligible non -STATE party named by HE- 01550 -14 (01/10) Page 2 Grant Agreement Number B50469 Between the Minnesota Department of Health and City of Hastings the STATE. This right will normally be exercised by the STATE only if the project or program for which the equipment was acquired is transferred from one grantee to another XIH. OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY RIGHTS A. The STATE shall own all rights, title and interest in all of the materials conceived or created by the GRANTEE, or its employees or subgrantees, either individually or jointly with others and which arise out of the performance of this grant agreement, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modules, electronically, magnetically or digitally recorded material, and other work in whatever form ( "MATERIALS "). The GRANTEE hereby assigns to the STATE all rights, title and interest to the MATERIALS. GRANTEE shall, upon request of the STATE, execute all papers and perform all other acts necessary to assist the STATE to obtain and register copyrights, patents or other forms of protection provided by law for the MATERIALS. The MATERIALS created under this grant agreement by the GRANTEE, its employees or subgrantees, individually or jointly with others, shall be considered "works made for hire" as defined by the United States Copyright Act. All of the MATERIALS, whether in paper, electronic, or other form, shall be remitted to the STATE by the GRANTEE. Its employees and any sub - grantees shall not copy, reproduce, allow or cause to have the MATERIALS copied, reproduced or used for any purpose other than performance of the GRANTEE'S obligations under this grant agreement without the prior written consent of the STATE'S Authorized Representative. B. GRANTEE represents and warrants that MATERIALS produced or used under this grant agreement do not and will not infringe upon any intellectual property rights of another including but not limited to patents, copyrights, trade secrets, trade names, and service marks and names. GRANTEE shall indemnify and defend the STATE, at 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 parts of the MATERIALS infringe upon the intellectual property rights of another. GRANTEE shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to, reasonable attorney fees arising out of this grant agreement, amendments and supplements thereto, which are attributable to such claims or actions. If such a claim or action arises or in GRANTEE'S or the STATE'S opinion is likely to arise, GRANTEE shall at the STATE'S discretion either procure for the STATE the right or license to continue using the MATERIALS at issue or replace or modify the allegedly infringing MATERIALS. This remedy shall be in addition to and shall not be exclusive of other remedies provided by law. XIV. PUBLICITY Any publicity given to the program, publications, or services provided resulting from this grant agreement, including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the GRANTEE or its employees individually or jointly with others, or any subgrantees shall identify the STATE as the sponsoring agency and shall not be released without prior written approval by the STATE'S Authorized Representative, unless such release is a specific part of an approved work plan included in this grant agreement. XV. ENDORSEMENT The Grantee must not claim that the STATE endorses its products or services. XVL WORKERS' COMPENSATION The GRANTEE certifies that it is in compliance with Minnesota Statute §176.181, Subdivision 2, pertaining to workers' compensation insurance coverage. The GRANTEE'S employees and agents will not be considered STATE employees. Any claims that may HE- 01550 -14 (01 /10) Page 3 Grant Agreement Number B50469 Between the Minnesota Department of Health and City of Hastings 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. XVIL JURISDICTION AND VENUE This grant agreement, and amendments and supplements thereto, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this grant agreement, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. IN WITNESS WHEREOF, the parties have caused this grant agreement to be duly executed intending to be bound thereby. APPROVED: 1. GRANTEE 2. STATE AGENCY The Grantee certifies that the appropriate persons(s) have executed the Grant Agreement approval and certification that STATE funds have been grant agreement on behalf of the Grantee as required by applicable encumbered as required by Minn. Stat. § §16A.15 and 16C.05. articles, bylaws, resolutions, or ordinances. By: By: (with delegated authority) Title: Title: Date: Date: By: Title: Date: Distribution: Agency — Original (fully executed Grant Agreement Grantee State Authorized Representative HE- 01550 -14 (01/10) Page 4