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HomeMy WebLinkAbout6.h. Resolution to Authorize the Execution of a Joint Powers Agreement with Dakota County for Siren Narrow Banding9a ROSEMOUNT CITY COUNCIL City Council Meeting: October 4, 2011 r� AGENDA SECTION: y a Joint Powers Agreement with Dakota Consent County for Siren Narrow Bandin 4 9 EXEC UTIVE' AGENDA ITEM: Resolution to Authorize the Execution of AGENDA SECTION: y a Joint Powers Agreement with Dakota Consent County for Siren Narrow Bandin e PREPARED BY: Gary Kalstabakken, Chief of Police AGENDA NO. ATTACHMENTS: Resolution and Joint Powers Agreement APPROVED BY: RECOMMENDED ACTION: Motion to approve a resolution authorizing the Mayor to execute a Joint Powers Agreement with Dakota County to narrow band outdoor warning sirens. BACKGROUND The Federal Communications Commission has established rules and regulations which will require the reconfiguration of radio transmitters an&receivers by January 1, 2013. This reconfiguration is commonly referred to as narrow banding. A Work Group comprised of staff from Dakota County radio services, the County's radio consultant, Dakota Communications Center and city representatives have been meeting to develop recommendations on' how to accomplish the narrow banding most effectively and efficiently within Dakota County. The recommendations include the use of funding, through grant funds, to assist cities to pay for the required reconfiguration. Dakota County has signed a master contract that includes costs for completion of narrow banding of all sirens within the County. ISSUE The City has allocated funds in the 2011 CIP in anticipation of the narrow banding project. Funding will split costs 50/50 between cities and grants from the Urban Areas Security Initiative (UASI). Rosemount's� share of the costs is $760. Because the master contract for the work is with the County, a Joint Powers Agreement has been drafted to allow each City to purchase, services through the County's contract. The JPA also contains language explaining the cost sharing and reimbursement program. Work on the narrow banding will begin in the first week of.October as the first Agreements are signed by cities. Rosemount's sirens are expected to be completed by the end of October. RECOMMENDATION Staff recommends that the Council adopt a resolution authorizing the Mayor to execute the Joint Powers Agreement with Dakota County r 7 r. e H { JOINT POWERS AGREEMENT WITH DAKOTA COUNTY AND THE CITY OF ROSEMOUNTTO NARROW BAND OUTDOOR WARNING S IRENS P This Joint Powers Agreement (the Agreement) is entered into on (Date), by and between the County of Dakota, a political subdivision of the State of Minnesota, Dakota County Administration Center, 1590 Highway 55, Hastings, Minnesota, 55033, hereinafter referred to as County, and tithe City of Rosemount, a Minnesota municipal corporation, 2875 West 145 Street, Rosemount, MN 55068, hereinafter referred to as the City. RECITALS WHEREAS, in October 2010, the Minnesota Department of Public Safety (MDPS) received a grant of monies from the United States Department of Homeland Security (2010 Homeland Security Grant Program) for improvements-to homeland security preparedness under the Urban Area Security Initiative Grant Program; and WHEREAS, the MDPS has entered into a grant agreement with County (County Board Resolution No. 10 -616) on or about December 3 0,20 10 to allow County to claim reimbursement for expenditures incurred by cities in Dakota County for the evaluation of sirens, client /server Windows based siren control software systems and related VHF /UHF radio system interfaces and to replace and upgrade existing hardware based warning points and to upgrade the activation and end point VHF/UHF mobile radios in the siren controller boxes to accommodate the FCC mandated narrow banding (hereinafter referred to as "narrow band the City's outdoor warning siren(s)"); and WHEREAS, it is a requirement of the Urban Area Security Initiative Grant that the granted monies be used to supplement, not,supplant or replace, funds appropriated from the State of Minnesota or the City; and WHEREAS, the MDPS Grant Agreement (hereinafter Grant) attached hereto and incorporated herein by reference as Exhibit A, has imposed on the County certain requirements and obligations to insure that Grant funds are expended by County for authorized activities and that appropriate records and certifications are prepared and maintained; and WHEREAS, the County has identified the need for narrow banding outdoor warning sirens to continue the notification of the public of emergency situations and to comply with the requirements of the Federal Communications Commission _(FCC) narrow band mandate before December 31;2012; and WHEREAS, County has obtained a professional services master contract through a Request for Proposal competitive process that is available to City for professional services and equipment necessary to narrow band the City's outdoor warning siren(s) (Master Contract); and WHEREAS, the City, by Resolution No. 2011 -79, stated its intent to access the Master Contract obtained,by. County for the necessary services and equipment to narrow band some or all of City's outdoor warning siren(s) and to obtain reimbursement of a portion of the associated costs from said Grant funds; and DAKOTA COUNTY /CITY JPA NARROW BAND WARNING SIRENS September 15, 2011 WHEREAS, the County and City wish to-set forth their respective roles and responsibilities and the terms and conditions of their understanding. NOW,` THEREFORE, in consideration of the mutual promises and covenants herein, County and City do hereby agree as follows: I. General Purpose. The purpose of this agreement is to enable County to disburse Grant funds for reimbursement to City of a portion of the costs City incurs to narrow band its outdoor warning siren(s), utilizing the Master Contract vendor obtained by County. The Parties to this Agreement are bound by and shall comply with the terms and provision of the Grant, attached hereto and incorporated herein as Exhibit A. H. Responsibilities of the County. 1. The County shall make available to City a Master Contract for use by City to narrow band some or all of its outdoor warning siren(s) , 2. The County shall reimburse the City for 50 % of the eligible portion of City's costs of narrow banding the City's outdoor warning siren(s), as provided for in the Grant, 'Exhibit A, upon submission of invoices approved by the County's Representative, in an amount not to exceed $760 To the extent Grant money is available this maximum amount may increase, at the sole discretion of County, in order to account for project cost increases to City. III. , Responsibilities of the City. 1. City shall narrow band some or all of its outdoor warning siren(s) utilizing the Master Contract. City is solely responsible to pay all costs and expenses for the services and equipment provided by the vendor under the Master Contract and to work with`said vendorTor the design, installation, and management of the work to narrow band its outdoor warning siren(s). 2. The City shall submit invoices for reimbursement of the costs to narrow band its outdoor warning siren(s) to in a timely manner: All requests for reimbursement must be submitted to the County by December 31, 2012. City must certify that the payments or reimbursements are accurate, appropriate and directly related to the narrow banding of the City's outdoor warning siren(s); that City has obtained` documentation of actual expenditures for which payment or reimbursement is sought including copies of its itemized invoices and payment verification. 3. City shall continue to own its outdoor warning siren(s) and the equipment installed under the Master Contract and is responsible for all ongoing maintenance of such equipment. 4. The City shall comply with the terms and provision of the Agreement. With respect to this Agreement, -City represents and warrants to County as follows: a. 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 necessary to narrow band some or all of its outdoor warning siren(s). DAKOTA COUNTY /CITY JPA 2 NARROW BAND WARNING SIRENS September 15, 2011 r b. This Agreement is a legal, valid and binding obligation of the City and is enforceable against the City according to its terms. c. It will comply with all of the terms, conditions, and warranties in the Grant Agreement in Exhibit A. d. It will use the Grant proceeds solely for expenditures directly related to the purchase and installation of the equipment authorized for reimbursement by the Grant. e. It will be responsible s for the ongoing maintenance and operational costs for outdoor warning sirens narrow banded under this Agreement for the life of the equipment as determined by the City. IV. Term of Agreement. t. 1. Effective date. The term of this Agreement shall commence on the last signature date ( "Effective Pate ") this Agreement was executed by either party. 2. Expiration Date. This Agreementshall expire and be of no further force or effect on the date all of the following have been accomplished: A. • City has narrow banded the sirens in their city consistent with the Master Agreement; • City has submitted all invoices or statements to County for which it seeks reimbursement under this Agreement; • County has reimbursed City for all invoices and costs as provided for in this Agreement. 3. Survival of Terms. The following Sections of this Agreement shall survive the expiration or cancellation of this Agreement. Sections V 3 -8, V 10 -11 V. Miscellaneous 1. Authorized Representative. The County's Authorized Representative is: B.J: Battig, Risk and Homeland Security Manager Dakota County, 1590 Highway 55 Hastings, MN 55033 Phone: ,651- 438 -4532 B.J. Battig, or his successor, has the responsibility to monitor City's performance and the authority to' approve the invoices submitted for reimbursement under this Agreement for payment by County... If the County's Authorized Representative approves an expenditure the Representative will certify ` acceptance on each invoice, submitted for payment. If the County's Authorized Representative changes at any time, during this Agreement, the County must immediately notify the City in writing. , DAKOTA COUNTY /CITY JPA 3 NARROW BAND WARNING SIRENS. , September 15, 2011 0 City's Authorized,Representative is: Gary Kalstabakken, Chief of Police /Emergency Manager 2875 West 145 Street Rosemount, MN 55068 Phone: 651-423-4491 If City's Authorized Representative changes at any time during this Agreement, City must immediately notify the County in 'writing. r . 2. Assignment, Amendments, Waiver, and Grant Contract Complete. a) Assignment. City may neither assign nor transfer any rights or obligations under this ' Agreement without the prior consent of the County and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement,, or their successors in office. b) Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the parties who executed and ' approved" the original Agreement, or their successors in office. c) Waiver. If the County fails to enforce any provision of this Agreement, that failure does not result in a waiver, of the right to enforce the same or another provision of the Agreement in the future. d) Agreement Complete. This Agreement and exhibits contain all negotiations and agreements between the County and City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 3. Liability and Insurance Each party to this Agreement shall be liable for the acts of their own agents, volunteers or employees and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its agents, volunteers or employees. x It is understood and agreed that liability and damages arising from the parties' acts and omissions are governed by the provisions of the municipal Tort Claims Act, Minn. Stat. Ch. 466, the Minnesota Tort Claims Act, Minn. Stat. §3.736, as applicable, and other applicable laws. Each Party warrants that they are able to comply with the aforementioned liability and insurance requirements through an insurance or self - insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466 or Minn. Stat. 3.736, as applicable. This agreement shall not be construed as and does not constitute a waiver by any Party of any conditions, exclusions or limitations on the Party's liability provided,by Minnesota Statutes, Chapter 466; Minnesota Statutes § 3.736 or other applicable law. This clause will not be construed to bar any - legal remedies that each party may have for the other's failure to fulfill its obligations under this Agreement. DAKOTA COUNTY /CITY JPA 4 NARROW BAND WARNING SIRENS September 15, 2011 4. -Audits. Under Minn. Stat. § 16C.05, subd. 5, County's and City's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and /or the State Auditor or Legislative Auditor, as a_ ppropriate, for a minimum of six years from the end of this Sub -Grant Agreement. County and City shall maintain such books and records as will satisfactorily demonstrate to Federal, State, and County's Auditors that the County or City has not used the Grant monies to supplant or .substitute for local funds. If upon such audit the auditing agency determines that Grant funds have been used by City to supplant, rather than supplement, local funds, and levies any penalties or „fines, or requires refund of any Grant monies, City agrees that it shall be responsible” for such penalties, fines, or refundment, and shall hold the County harmless therefrom. 5. Government Data Practices. City and County must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data created, collected, received, stored used, maintained, or disseminated by either party under - this Agreement. , 6. Workers' Compensation. City certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. City's employees and agents will not be considered County 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 consequenceof any act or omission on the,part of these employees are in no way the County's obligation,or responsibility. 7. Publicity and Endorsement (Exhibit A). 'a) Publicity. Any publicity regarding the subject matter of this Agreement 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 City individually or jointly with others, or any subcontractors, with respect to the program publications or services provided resulting from this Agreement. b) Endorsement. City must not claim that either the State or the County endorses its products or services. 8. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice -of -law provisions, governs this Agreement. Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal court with competent'jurisdiction in Dakota County; Minnesota. DAKOTA COUNTY /CITY JPA 5 NARROW BAND WARNING SIRENS September 15, 2011 9. Termination` a. This Agreement may be terminated by City, without cause,,upon30 days written notice to County. In the event of termination of this Agreement by City without cause, City shall be responsible for payment of all outstanding, incurred costs relative to the City's" interest in the outdoor warning siren(s) that are the subject of the Master Contract, including any costs that are owed to the vendor under the Master Contract terms and provisions. In the event of termination of this Agreement by City without cause, County shall not have any obligation to pay costs owed to the vendor under the Master Contract. ' b. Termination for Insufficient Funding. The City or County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Department of Public Safety, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the cost of equipment identified in Exhibit A. Termination must be by written or fax notice to the other party. The terminating party is not obligated to pay for any costs incurred after notice and effective date of termination. However, the non - terminating party will be entitled to payment, determined on a pro rata basis, for costs incurred up to the date of termination to the extent that funds are available. The terminating -party will not be assessed any penalty if this.Agreement is terminated because of the decision of the Minnesota Department of Public Safety, or other funding source, not to appropriate funds. The terminating party must provide the non - terminating party notice ,of the lack of funding within a reasonable time of the terminating party receiving that notice. Ownership. At the of the term of this Agreement or upon its termination, ,the City will continue to own its outdoor warning siren and equipment that they presently own or install -pursuant to this Agreement 10. Data Disclosure. Under Minn. Stat. §'270C.65, and' other applicable law, City consents to disclosure of its 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 City to file state tax returns and pay delinquent state tax liabilities, if any, or pay other state liabilities. 11. Operating and Maintaining the Sirens. During the useful life as determined by the City of its outdoor warning siren(s) the City will pay for all operational, costs including performing'routine and regular maintenance of its siren(s). City will provide insurance or self - insurance covering the sirens. This provision shall survive the termination of this Agreement. DAKOTA COUNTY /CITY JPA 6 NARROW BAND WARNING SIRENS September 15, 2011 DAKOTA COUNTY CITY OF By: By: W. Taud Hoopingarner Its: Operations - Management Director Dated: Dated: By: Its: Dated Approved as to Form: Approved as to Form: By: By: Assistant Dakota County Attorney Dated: Dated: Approved by Dakota County Board Resolution No. K11 -156 Siren Narrow Banding City JPA FINAL 9/15/2011 w M 4 1 F 0 DAKOTA COUNTY /CITY JPA 7 NARROW BAND WARNING SIRENS September 15„2011 y EXHIBIT A MDPS GRANT AGREEMENT DAKOTA COUNTY /CITY JPA NARROW BAND WARNING SIRENS September 15, 2011' 8 4 , h k r 4 DAKOTA COUNTY /CITY JPA NARROW BAND WARNING SIRENS September 15, 2011' 8 f fi • Grant Agreement ' Contract #13271 Atty File #K- 10-432 Board Res #10 -616 Minnesota Department of Public Safety ( "State") Grant Program: Homeland Security and Emergency Management 2010 Urban Area Security Initiative (UASI) Division . 444 Cedar Street, Suite 223 Grant Agreement•No.: 20 10-UASI-00692 - St Paul, Minnesota 55101 Grantee: Grant Agreement Term: Dakota County Effective Date: 8/1/2010 1590 Highway 55 7 Expiration Date: 3/31/2013 Hastings Minnesota 55033 Grantee's Authorized Representative: Grant Agreement Amount- D.J. Battig, Risk and Homeland Security Manager Original Agreement $ 743,689.00 8 1590 Highway 55 Matching Requirement $ 0.00 Hastings, Minnesota 55033 Phone: (651) 438 -4532 Email: bj.battig@)co.dakota.mn.us State's Authorized Representative: Federal Funding: CFDA 97.067 Kariimy Huneke, Grants Specialist ' State Funding: Homeland Security and Emergency Management Special Conditions: None Division 444 Cedar Street, Suite 223 St Paul, Minnesota 55101 Phone: (651) 201 -7420 Email: kammy.hrmeke@state.mn.us Under Minn. Stat, § 299A.01, Subd 2 (4) the State is empowered to enter into this grant agreement. Term: Effective date is the date shown above or the date the State obtains all required signatures under Minn. Stat; §.16C.05, subd. 2, whichever is later. Once this grant agreement is fully executed, the Grantee may claim reimbursement for expenditures incurred pursuant to the Payment clause ofthus grant'agreement. Reimbursements will only be made for those expenditures made according to the terms 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 id the Grantee's approved 2010 Urban Area Security. Initiative (UASI) Application ( "Application ") which_ is incorporated by reference into this grant agreement and on file with the State at 444 Cedar Street, Suite 223, St Paul, Minnesota 55101. The Grantee shall also comply with all requirements referenced in the 2010 Urban Area Security Initiative (UASI) Guidelines and Application which includes the Terms and Conditions and Grant Program Guidelines ; (www.wego.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 Regttirernents: (rf applicable.) As stated in the Grantee's Application, the Grantee certifies that the matching requirement will be met by the Grantee. Payment: As stated in the Grantee's Application and Grant Program Guidance, the State will promptly pay the - DPS Grant Agreement non -state (09/08) Grant Agreement ; 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'regdkements. i Cert!flcation Regarding Lobbying. (If 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. 1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certtfles that funds have been encunibered as required by Minn. Stat. §§ 16,435 and 16C.05. By: (with delegated author' Signed: Original Signed - .I a_ /30/1 o 7 r)IRECTOR Date: R Ka thleen-S j Date: Grant Agreement No. 2010 -UASI -00692 / 2000 -1513 S 2. GRANTEE The Grantee certifies that the appropriate person(i) have e, ted the grant agreement on behalfof the Grantee as r quire r a lea ble articles, b aws, re utions, or ordinances. N. Y' Title: t C 1 ear Date: B �}D (� Distribution: DPS/FAS Title: 4- Cl �� Grantee State's Authorized Representative Date: APPROVED AS TO FORM: - ASSISTANT DAKOTA COUNTY ATTORNEY /DATE Contract #13271 Atty File W -10 -432 Board Res #10 -616 DPS Grant Agreement non -state (09/08) `3 Grant Agreement ; 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'regdkements. i Cert!flcation Regarding Lobbying. (If 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. 1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certtfles that funds have been encunibered as required by Minn. Stat. §§ 16,435 and 16C.05. 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Q '(J @ Z CL ru - C C F LL O c ' o m E "O •� C ca E) D C Q H O E 0. _ A ba P] C7 Page A -9 c € Grant Agreement a CERTIFICATION REGARDING LOBBYING For State of Minnesota Contracts and Grants 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 a Member 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 officer or employee of any agency, A Member 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 made 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 not less than $10,000 and not more than $100,000 for' } each such failure. kek C�� a Organization Name o N e t] of Official Signmpr prganization Date 07/07 f, Grant Agreement a CERTIFICATION REGARDING LOBBYING For State of Minnesota Contracts and Grants 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 a Member 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 officer or employee of any agency, A Member 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 made 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 not less than $10,000 and not more than $100,000 for' } each such failure. kek C�� a Organization Name o N e t] of Official Signmpr prganization Date 07/07 f, Terms and Conditions for Grantees that are Not State Agencies . Page 1 of 4 The Grantee (which refers to the applicant's status after it has been awarded grant funds) shall_comply with all applicable federal, state and local laws, ordinances, rules and regulations and provisions stated 'herein in the performance of the grant award. 1. Survival of Terms The following clauses survive the expiration or cancellation of the award: 9. Liability; 10. Audits; 11. Government Data Practices; 13. Publicity and Endorsement; 14. Governing Law, Jurisdiction and Venue; and 16. Data Disclosure. 2. Financial and Administrative Provisions The Grantee will comply with all program guidelines specified, in the Grant Program Guidelines (Guidelines) and application which are incorporated herein by reference. Budget Revisions: The Grantee will submit a written change request for any substitution of budget items or any deviation in accordance with the Guidelines included in this application. Grantees whose requests have been approved will be notified in writing by the State's Authorized Representative to the Grantee's Authorized Representative. Requests must be approved prior'to any expenditure by the Grantee. 3. Payment Terms Payment: 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 in accordance with the Guidelines included in this application. Expenditures for each state fiscal year (July through June) of the grant agreement must be for services satisfactorily performed within applicable state fiscal years. Under Minn. Stat. § 16B.98 subd. 1, the Grantee agrees to minimize administrative costs. 4. Time The Grantee must comply with all the time requirements described in the application andgrant agreement. In the performance of the award, time is of the essence. 5. Consideration and Payment The State will pay for all services performed by the Grantee under the :grant agreement as a reimbursement according to the breakdown of costs contained in the Guidelines and Grantee's application that will be incorporated into the grant agreement. Under Minn. Stat. § 16B.98, subd. 7, payments to the Grantee may not be issued until the grant agreement is fully executed. 6. Conditions of Payment All services provided by the Grantee under the grant agreement must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative so named in the grant agreement 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. 7. Authorized Representative „The State's AuthorizedRepresentative or his /her successor, is so named in the grant agreement and has the responsibility to monitor the Grantee's performance and has the authority to accept the services provided under the grant agreement opportunity. If the services are satisfactory, the State's Authorized ` Representative will certify acceptance on each invoice submitted for payment. non -state (10/08) 19 Terms and Conditions for Grantees that are Not State Agencies Page 2 of 4 The Grantee's Authorized Representative is so named in the grant agreement. If the Grantee's Authorized Representative changes at any time during the grant agreement, th_ e Grantee must immediately notify the State. . 1 8 8. Assignment, Amendments, Waiver, and Grant Agreement Complete The Grantee may neither assign nor transfer any rights or obligations under the grant agreement without the prior consent of the State and a fully executed Amendment, executed and approved by the same parties who executed and approved the grant agreement, or their successors in office. Any amendment to the grant agreement 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 agreement, or their successors in office. If the State fails to enforce any provision of the grant agreement, that failure does not waive the provision or its right to enforce it. t The grant agreement contains all negotiations and agreements between the State and the Grantee. No other understanding regarding the grant agreement, whether written or oral, may be used to bind either Party 9. Liability Grantee must indemnify, save and hold the State, its agents, and employees harmless from any claims or causes of action, including all attorneys' fees incurred by the State arising from the performance of the grant agreement 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 the grant agreement and subsequent grant agreements. The liability for Grantees that are municipalities is governed by Minn. Stat. § 466 and any other applicable law, rule or regulation. 10. Audits Under Minn. Stat. § 16B.98, subd. 8, the books records, documents, and accounting procedures and practices of the Grantee or other party that are relevant to the 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 grant agreement end date, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later., Federal audits shall be governed by requirements of federal regulations. If applicable, if the Grantee (in federal OMB Circular language known as "subrecipient ") receives federal assistance from the State of Minnesota, it will comply with the Single Audit Act Amendments of 1996 as amended and Office of Management and Budget Circular A -133, "Audits of States, Local Governments and Non - Profit Organizations" for audits of fiscal years beginning after June 30, 1996; and, required audit reports must be filed with the State Auditor's Office, Single Audit Division, and with federal and state agencies providing federal assistance, and the Department of Public Safety within nine months of the Grantee's fiscal year end. 11. Government Data Practices The Grantee and the State must comply.with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, as it applies to all data provided by the State under the grant agreement, and as it applies to all data created, collected, received, stored, used, maintained or disseminated by the Grantee under the grant agreement. The civil remedies of Minnesota Statutes, section 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. non -state (10/08) 3 Terms and Conditions for Grantees that are Not State Agencies Page 3 of 4 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. 12. Workers' Compensation t Grantee certifies that it is in compliance with Minnesota Statutes, § 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 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. 13. Publicity and Endorsement Any publicity regarding the subject matter of the grant agreement must be in accordance with the Guidelines included in this application. The Grantee must not claim that the State endorses its products or services. 14. Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs the grant agreement. Venue for all legal proceedings out of the grant agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 15. Termination Termination by the State. The State may cancel the grant agreement 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. Termination'by the Grantee. The Grantee may request termination upon 30 day's notice to the State's Authorized Representative. Upon termination the Grantee is entitled to payment for services actually performed and agrees to return any unused funds the State. Termination for Insufficient Funding. The State may immediately terminate the grant agreement 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 under the grant agreement. 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,-She 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 agreement 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. Termination for Failure to Comply.. The State may cancel the grant agreement immediately if the State finds that there has been a failure to comply with the provisions of the grant award, that reasonable progress has not been made or that the purpose for which the funds were granted 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 fund's and requiring the return of all or part,of the funds already disbursed. 16. Data Disclosure Under Minnesota Statutes, § 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 non -state (10/08) Terms and Conditions for Grantees that are Not State Agencies Page 4 of 4 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. 17. Other Provisions be it understood: a. By filing of this application, the applicant has therefore obtained the necessary legal authority to apply for and receive the proposed grant; b. The filing of this application has been authorized by applicant's governing body, and the official who has applied his /her electronic signature to this application has been duly authorized to file this application for and on behalf of said applicant, and otherwise to act as the representative of the applicant in connection with this application; c. The activities and services for which assistance is sought under this grant will be administered by or undenthe supervision and control of applicant; d. Fiscal control and accounting procedures will be used to ensure proper disbursement of all funds awarded; Agreement to Acknowledge the Terms and Conditions are Incorporated Into the Grant Agreement: By submitting this applicationj1we (name of Applicant Organization Representative] as an authorized Representative for rApplicant Organization's Name] the Applicant, acknowledge that I have read the Terms and Conditions in their entirety as stated within the Application materials and acknowledge that the Terms and Conditions will be incorporated into the Grant Agreement if funds are awarded to the Applicant under this Application. As authorized, if the Applicant is awarded funds under this Application, I will submit the required documents and certification on behalf of the Applicant Organization. is non -state (10/08) 4 Y. r I FEDERAL AUDIT REQUIREMENTS 1. For subrecipients that are state or local governments non - profit organizations, or Indian tribes If the grantee expends total federal assistance of $500,000 or more per year, the grantee agrees to obtain either single audit or a program - specific audit made for the fiscal year in accordance with the terms of the Single Audit Act Amendments of 1996. Audits shall be made annually unless the state or local government has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those governments, the federal cognizant agency shall permit biennial audits, covering both years, if the government so requests. It shall also honor'requests for biennial audits, by governments that have an administrative policy calling for audits less frequent than annual, but only audits prior to 1987 or administrative policies in place prior to . January 1, 1987. For subrecipients that are institutions of higher education or hospitals If the grantee expends total direct and indirect federal assistance of $500,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Circular A -110.. "Requirements for Grants and Agreements with Universities, Hospitals and Other Nonprofit Organizations" as applicable. The audit shall cover either the entire organization or all federal funds of the organization. The audit must determine whether the subrecipient spent federal assistance funds in accordance with applicable laws and regulations. 2. The audit shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independence standards specified in the General Accounting Office's , 'Standards for Audit of Governmental Organizations, Programs, Activities,. and Functions." " 3. The audit report shall state that the audit was performed in accordance with the provisions of OMB Circular A -133 (or A -110 as applicable). The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accounts' (AICPA) audit guide, "Audits of State and Local Governmental Units," issued in 1986. The federal government has approved the use of the audit guide. In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, a statement describing the reason it is not should accompany the audit report. 4. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated by the grantor shall have such access to grantee's records and financial statements as may be necessary for the grantor to comply with the Single Audit Act Amendments of 1996 and OMB Circular A -133. 5. Grantees of federal financial assistance from subrecipients are also required to comply with the Single Audit Act and OMB Circular A -133. (10105) 6. The Statement of Expenditures form can be used for the schedule of federal assistance. 7. The grantee agrees to retain documentation to support the schedule of federal assistance for at least four years. 8. Required audit reports must be filed with the State Auditor's Office, Single Audit Division, and with federal and state agencies providing federal assistance, and the Department of Public Safety within nine months of the grantee's fiscal year end. OMB Circular A-1 33 requires recipients of more than $500,000 in federal funds to submit one copy of the audit report within 30 days after issuance to the central clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse The Department of Public Safety's audit report should be addressed to: Minnesota Department of Public Safety 5 Office of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St,, Paul, MN 551 01 -51 26 (10/05) I e y a FEDERAL EMERGENCY MANAGEMENT AGENCY Assurances Non - Construction Programs (Page 1) Note: Certain of these assurances may not be applicable to your project or program., If you have any questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non - Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2: Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. , Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance personal or organizational conflict of interest', or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarduig agency. .a r 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. Section 4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix,A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). - 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. Sections 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 -dd -3 and 290- ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Acts of 1968 (42 U.S.C. Section 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Title II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interest in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Sections 276a to 276a -7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327- 333), regarding labor standards for federally assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. FEMA Form 424B, (Rev. 7 -97) A e FEDERAL EMERGENCY MANAGEMENT AGENCY Assurances Non - Construction Programs (Page 2) 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. Section 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. Section 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93 -523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93 -205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. Section 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.). 14. Will comply with P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply.with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care; handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. s 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. Section 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1996 and OMB Circular No. A -133, "Audits of States, Local Governments and Non - Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. FEMA Form 424B, (Rev. 7 -97) .I M1 r CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2011- 79 A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN THE CITY OF ROSEMOUNT AND DAKOTA COUNTY TO NARROW BANDING OUTDOOR WARNING, SIRENS WHEREAS, the Federal Communications Commission (FCC) has established Rules and Regulations which require the reconfiguration of radio transmitters and receivers used in conjunction with the outdoor warning siren system by January 1, 2013; and, WHEREAS, the Minnesota Department of Public Safety has entered into a grant agreement with Dakota County (County Board Resolution No. 10 -616) on or about December 30,2010 to allow the County�to claim reimbursement for expenditures incurred by cities in Dakota County for the evaluation of sirens, client /server Windows based siren control software systems and related VHF /UHF radio system interfaces and to replace and upgrade existing hardware based warning points and to upgrade the activation and end point VHF /UHF mobile radios in the siren controller boxes to accommodate the FCC mandated narrow banding (hereinafter referred to as "narrow band the City's outdoor warning siren(s)"); and I WHEREAS, representatives of the Cities and Dakota County staff (Work Group) have been planning a method to narrow band equipment and the plan developed by the Work Group was approved by the City Council on February J5, 2011; and WHEREAS, the County has obtained a professional services master contract through a Request for Proposal competitive process that is available to ,City for professional services and equipment necessary to narrow band the City's outdoor warning siren(s) (Master Contract); and WHEREAS, the City desires to purchase services through the Master Contract and to participate in the grant reimbursement program; NOW THEREFORE BE IT RESOLVED: That the City of Rosemount hereby authorizes.the Mayor to execute a Joint Powers Agreement with Dakota County to Narrow Band the Outdoor Warning Sirens. ADOPTED This 4th day of October, 2011. - ATTEST: Amy Domeier, City Clerk William H. Droste, Mayor