HomeMy WebLinkAbout6.k. Public Safety Interoperable Communications Syster (PSIC) Grant ApplicationAGENDA ITEM: Public Safety Interoperable
Communications System (PSIC) Grant Application
AGENDA SECTION:
Consent
PREPARED BY: Rick Cook, Operations Superintendent
Andrew J. Brotzler, PE, City Engineer
AGENDA NO. b. u--
ow
ATTACHMENTS: Letter from Metropolitan Emergency
Service Board; Grant Application
APPROVED BY:
RECOMMENDED ACTION: Motion to Approve the Public Safety Interoperable
Communications System Grant Application and the Purchase of Five (5) Additional Radios
and Authorize the Necessary Signatures.
4 ROSEMOUNT
City Council Special Meeting: March 18, 2009
BACKGROUND:
SUMMARY:
CITY COUNCIL
EXECUTIVE SUMMARY
The City of Rosemount was approached by Dakota County in December 2008 to solicit applications for
grant money through the Metropolitan Emergency Services Board to purchase 800 MHz radios.
Rosemount submitted a request to purchase 26 radios for Public Works. We were recently informed that
the City was awarded an allocation of $17,549.16 from the PSIC grant for the purchase of 15 radios. The
matching cost using the federal government's formula is $4,387.29. Based on the pricing, City staff is
requesting to add 5 radios, chargers, extra batteries and software at an additional cost of $9,929.00 for a
grand total City cost of $14,317.19. In reviewing City funding sources with the City Administrator
Johnson and Finance Director May, the City cost match and additional cost is proposed to be funded with
monies from the CIP reserve fund.
The 800 MHz radios will replace the old VHF /UHF systems and will allow all full-time Public Works
personnel to communicate with police, fire and EMS along with neighboring communities.
Staff recommends Council approve the Public Safety Interoperable Communications System Grant and
authorize the necessary signatures. Staff further recommends Council approval for the five (5) additional
radios in the amount of $9,929.00.
G:\ Grants Applications \PSICGrantCC3- 18- 09.doc
February 13, 2009
Rick Cook, Operations Superintendent
City of Rosemount
2875 145 Street West
Rosemount, MN 55068
Dear Mr. Cook:
Sincerely,
Kathleen A. Gaylord
Chair, Metropolitan Emergency Services Board
Dakota County Commissioner
cc: BJ Battig, Dakota County, Risk Homeland Security Manager
Ron Jansen, Dakota County
METROPOLITAN
EMERGENCY SERVICES BOARD
2099 UNIVERSITY AVENUE WEST
SUITE 201
SAINT PAUL, MINNESOTA
55104-3431
PHONE 651- 643 -8395
FAX 651-603-0101
WWW.MN MESB.ORG
The Metropolitan Emergency Services Board (MESB) is pleased to inform you that your agency has received an
allocation from the PSIC grant funds. Your allocation is $17,549.16.
This allocation is based on your December 18, 2008 request of 26 portable radios for the Public Works
Department. The total request was for $40,881.83. The MESB had to place caps on requests and did so based
on population. For those cities with a population which fell between 10,000 and 25,000, the radio cap was 15
radios. The 2007 population estimate for the City of Rosemount was 20,917. Your request was adjusted to fit
this radio cap.
The federal government calculates the 20% match using a specific formula. This means that your agency's
match amount is slightly higher than you had originally calculated. For instance, for a grant request of
$5,000.00, most agencies would anticipate a $1,000.00 match. Using the federal government's formula as
follows, the match is slightly higher:
((Grant amount x 100)/80) original grant amount
In the aforementioned $5,000.00 request, the match is $1,250.00. Therefore, using this formula your agency's
20% match is $4,387.29.
Please notify Jill Rohret, Regional Radio Services Coordinator, of your intent to accept the grant funds. Once
she receives notice of your intent to accept the funds, she will contact you about executing a sub -grant
agreement. Jill may be reached at jrohret mesb.org or (651) 643 -8394.
Congratulations and we look forward to working with you throughout this grant process.
MEMBERS: ANOKA CARVER CHISAGO DAKOTA HENNEPIN RAMSEY SCOTT WASHINGTON CITY OF MINNEAPOLIS
This Sub -Grant Agreement (the Agreement) is entered into on this day of
2009, by and between the Metropolitan Emergency Services (Sub Grantor), a
Minnesota Regional joint powers board under the provisions of Minnesota Statutes, Section 403.39
and 471.59, and the City of Rosemount, a Minnesota Municipal Corporation, (Sub Grantee).
WHEREAS, in April 2008, the Minnesota Department of Public Safety (MDPS) received a
grant of monies from the United States Department of Commerce for improvements to the Public
Safety Interoperable Communications System (PSIC); and
WHEREAS, the MDPS has entered into an agreement with Sub Grantor (the MDPS
Agreement), a copy of which is attached hereto as Exhibit A, on or about December 10, 2008; and
WHEREAS, it is a requirement of the United States Department of Commerce grant that
the granted monies be used to supplement, not supplant or replace, funds appropriated from the
State of Minnesota or the Sub Grantee; and
WHEREAS, the MDPS Agreement has imposed on the Sub Grantor certain requirements
and obligations to insure that grant funds are expended by Sub Grantors for authorized activities
and that appropriate records and certifications are prepared and maintained; and
WHEREAS, the Sub Grantor and Sub Grantee are desirous of entering into the Sub -Grant
Agreement;
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, Sub
Grantor (Metropolitan Emergency Services Board) and Sub Grantee (City of Rosemount) do hereby
agree as follows:
I. Term of Sub -Grant Contract.
SUB -GRANT AGREEMENT
RECITALS
1. Effective date. This Agreement shall be effective on the date Sub Grantee's grant
request, a copy of which is attached hereto and incorporated herein by reference as Exhibit B (Grant
Request), is approved by the Sub Grantor and this agreement executed by the parties.
2. Expiration Date. This Agreement shall expire and be of no further force or effect
on the earlier of the following:
a) September 30, 2010.
b). The disbursement to Sub Grantee the sumiof 17,549.16
G: \Grants- Applications \PSIC Sub -Grant Agreement .doc
II. Grant of Monies.
The Sub Grantor agrees to make available to Sub Grantee a grant of up to $17,549.16 to
reimburse Sub Grantee for the acquisition of the interoperable radio communications equipment
identified on the attached Exhibit B, which is incorporated herein and made a part hereof. Sub
Grantee shall use the proceeds of the Grant only for the purchase of the equipment identified in
Exhibit B. Sub Grantee's reimbursement shall be limited to a maximum of 80% of the cost to
purchase the equipment, and Sub Grantee must provide a 20% match for such cost. The 20% match
is calculated using the following formula: ((grant amount x 100) 80) grant amount.
III. Sub Grantee Representations and Warranties.
With respect to this Grant, Sub Grantee represents and warrants to Sub Grantor as follows:
1. It has the legal authority to enter into, execute and deliver this agreement, and it has
taken or will take prior to disbursement of any Grant proceeds all actions necessary to the execution
and delivery of this agreement and has the legal authority to purchase the equipment identified in
Exhibit B.
2. This Agreement is a legal, valid and binding obligation of the Sub Grantee and is
enforceable against the Sub Grantee according to its terms.
3. It will comply with all of the terms, conditions, and warranties in this Agreement.
4. To the best of its knowledge, it has made no material false statement of fact in
connection with its receipt of this Grant, and all of the information previously submitted to Sub
Grantor or which it will submit to the Sub Grantor in the future relating to this Grant or the
disbursement of any of the Grant is and will be true and correct.
5. It will use the Grant proceeds solely for expenditures to purchase the equipment
identified on Exhibit B. Provided, however, that Sub Grantee may use Grant proceeds to purchase
other interoperable radio equipment for the PSIC Grant, so long as such equipment is listed on the
Statewide Radio Board's approved equipment list. In no case shall such substituted use of Grant
proceeds increase the Grant amount.
6. It has or will comply with the matching fund requirements of Section IV 2 of this
Agreement.
IV. Consideration and Payment.
Sub Grantor will reimburse Sub Grantee for all eligible and approved expenditures under
this Sub -Grant Agreement as follows:
1. Compensation. Sub Grantee will be reimbursed in an amount not to exceed
$17,549.16.
2
2. Matching Requirements. Sub Grantee agrees that it will expend at least $4,387.29
from its own funds or other non -grant sources as a match for grant reimbursement.
3. Total Obligation. The total obligations of the Sub Grantor to Sub Grantee shall not
exceed the sum of $21,936.45.
4. Payment.
a) Invoices. The Sub Grantor will promptly pay the Sub Grantee upon submission of
an invoice from the Sub Grantee and the Sub Grantor's Representative accepts the
invoiced services. Invoices must be submitted in a timely manner. All requests for
reimbursement must be submitted to the Sub Grantor by June 30, 2010.
Sub Grantee must certify that the reimbursements and payments are accurate and
appropriate based on the approved plan; that Sub Grantee has verified the
completion of the project or phase and that Sub Grantee has obtained documentation
of actual expenditures for which reimbursement is sought including copies of its
itemized invoices and payment verification.
b) Sub Grantee's reimbursement requests to the Sub Grantor shall include a summary
report showing the following information: total budget showing both the contribution
and grant funds, if applicable; previous expenditure and reimbursements made, if
applicable; and the amount of current reimbursement request, if applicable.
5. Conditions of Payment. All services provided by the Sub Grantee under this grant
contract must be performed to the Sub Grantor's and State's satisfaction, as determined at the sole
discretion of the State's Authorized Representative and in accordance with all applicable federal,
state, and local laws, ordinances, rules, and regulations. Sub Grantee will not receive payment for
work found by the State or Sub Grantor to be unsatisfactory or performed in violation of federal,
state, or local law.
V. Miscellaneous
1. Authorized Representative. The Sub Grantor's Authorized Representative is Jill
Rohret, or her successor, and has the responsibility to monitor Sub Grantee's performance and the
authority to accept the services provided under this grant contract. If the services are satisfactory,
the Sub Grantor's Authorized Representative will certify acceptance on each invoice submitted for
payment.
Sub Grantee's Authorized Representative is [Rick Cook, Operations Superintendent, 651 -322-
2042]. If Sub Grantee's Authorized Representative changes at any time during this grant contract,
Sub Grantee must immediately notify the Sub Grantor in writing.
2. Assignment, Amendments, Waiver, and Grant Contract Complete.
a) Assignment. Sub Grantee may neither assign nor transfer any rights or obligations
under this grant contract without the prior consent of the Sub Grantor and a fully
executed Assignment Agreement, executed and approved by the same parties who
3
executed and approved this grant contract, or their successors in office.
b) Amendments. Any amendment to this grant contract must be in writing and will
not be effective until it has been executed and approved by the same parties who
executed and approved the original grant contract, or their successors in office.
c) Waiver. If the Sub Grantor fails to enforce any provision of this grant contract, that
failure does not waive the provision or its right to enforce it.
Grant Contract Complete. This grant contract contains all negotiations and
agreements between the Sub Grantor and Sub Grantee. No other understanding
regarding this grant contract, whether written or oral, may be used to bind either
party.
3. Liability. Sub Grantee must indemnify, save, and hold the Sub Grantor, its agents,
and employees harmless from any claims or causes of action, including attorney's fees incurred by
the Sub Grantor arising from the performance of this grant contract by Sub Grantee or Sub
Grantee's agents or employees. This clause will not be construed to bar any legal remedies Sub
Grantee may have for the Sub Grantor's failure to fulfill its obligations under this grant contract.
Nothing in this section shall constitute or be deemed a waiver by Sub Grantee of its statutory or
common law immunities or limitations of liability, if any. Sub- Grantee shall maintain such books
and records as will satisfactorily demonstrate to Federal, State, and Sub Grantor's Auditors that
Sub Grantee has not used Grant monies to supplant or substitute for local funds. If upon such audit
the auditing agency determines that Grant funds have been used to supplant, rather than supplement,
local funds, and levies any penalties or fines, or requires refund of any Grant monies, Sub Grantor
agrees that it shall be responsible for such penalties, fines, or refundment, and shall hold the sub-
Grantor harmless therefrom.
4. State Audits. Under Minn. Stat. 16C.05, subd. 5, Sub Grantee's books, records,
documents, and accounting procedures and practices relevant to this grant contract are subject to
examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a
minimum of six years from the end of this grant contract.
5. Government Data Practices. Sub Grantee and Sub- Grantor must comply with the
Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by
Sub Grantee under this grant contract, and as it applies to all data created, collected, received,
stored, used, maintained, or disseminated by Sub Grantee under this grant contract. The civil
remedies of Minn. Stat. 13.08 apply to the release of the data referred to in this clause by either
Sub Grantee or the Sub Grantor. If Sub Grantee receives a request to release the data referred to in
this Clause, Sub Grantee must immediately notify the Sub Grantor. The Sub Grantor will give
Sub Grantee instructions concerning the release of the data to the requesting party before the data is
released.
6. Workers' Compensation. Sub Grantee certifies that it is in compliance with Minn.
Stat. 176.181, subd. 2, pertaining to workers' compensation insurance coverage. Sub Grantee's
employees and agents will not be considered Sub Grantor employees. Any claims that may arise
under the Minnesota Workers' Compensation Act on behalf of these employees and any claims
4
made by any third party as a consequence of any act or omission on the part of these employees are
in no way the Sub Grantor's obligation or responsibility.
7. Publicity and Endorsement.
a) Publicity. Any publicity regarding the subject matter of this grant contract must
identify the State as the sponsoring agency and must not be released without prior
written approval from the State's Authorized Representative. For purposes of this
provision, publicity includes notices, informational pamphlets, press releases,
research, reports, signs, and similar public notices prepared by or for the Sub
Grantee individually or jointly with others, or any subcontractors, with respect to the
program publications, or services provided resulting from this grant contract.
b) Endorsement. Sub Grantee must not claim that either the State or the Sub Grantor
endorses its products or services.
8. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its
choice -of -law provisions, governs this grant contract. Venue for all legal proceedings out of this
grant contract, or its breach, must be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
9. Termination.
a) Termination by the Sub Grantor. The Sub Grantor may cancel this grant contract
at any time, with or without cause, upon 30 days' written notice to the Sub Grantee.
Upon termination, the Sub Grantee will be entitled to payment, determined on a pro
rata basis, for services satisfactorily performed.
b) Termination for Insufficient Funding. The Sub Grantor may immediately
terminate this grant contract if it does not obtain funding from the Minnesota
Department of Public Safety, or other funding source; of if funding cannot be
continued at a level sufficient to allow for the payment of the services covered here.
Termination must be by written or fax notice to Sub Grantee. The Sub Grantor is
not obligated to pay for any services that are provided after notice and effective date
of termination. However, Sub Grantee will be entitled to payment, determined on a
pro rata basis, for services satisfactorily performed to the extent that funds are
available. The Sub Grantor will not be assessed any penalty if the grant contract is
terminated because of the decision of the Minnesota Department of Public Safety, or
other funding source, not to appropriate funds. The Sub Grantor must provide Sub-
Grantee notice of the lack of funding within a reasonable time of the Sub Grantor
receiving that notice.
10. Data Disclosure. Under Minn. Stat. 270C.65, and other applicable law, Sub-
Grantee consents to disclosure of its social security number, federal employer tax identification
number, and/or Minnesota tax identification number, already provided to the State, to federal and
state tax agencies and state personnel involved in the payment of state obligations. These
identification numbers may be used in the enforcement of federal and state tax laws which could
5
result in action requiring Sub Grantee to file state tax returns and pay delinquent state tax liabilities,
if any, or pay other state liabilities.
11. Dispute Resolution. In the events of a dispute between the Sub Grantor and any
other parry to this agreement as to the terms of this agreement, the parties to the dispute shall submit
such dispute to mediation before commencing litigation. The costs of such mediation shall be
shared equally by the parties to the mediation.
12. Grants Over $100,000.00. If the Grant exceeds $100,000.00, Sub Grantee must
complete a Certification Regarding Lobbying in the form attached hereto as Exhibit C.
SUB GRANTOR SUB- GRANTEE
By: By:
Its: Its: Mayor
Dated: Dated:
By: By:
Its: Its: City Administrator
Dated: Dated:
Approved as to Form: Approved as to Form:
By: By:
Assistant Ramsey County Attorney City Attorney
Dated: Dated:
6
EXHIBIT A
SUB GRANTOR/STATE AGREEMENT
(SEE ATTACHED)
7
Grant Agreement
Page 1 of 2
Minnesota Department of Public Safety "State
Homeland Security and Emergency Management Division
444 Cedar Street, Suite 223•
St. Paul, Minnesota 55101 -6233'
Grantee:
Metropolitans Emergency Services Board
2099 W University Avenue
St Paul, Minnesota 55104 -3431
Grantee's Authorized Representative:
Jill Rohret, Regional Radio Services Coordinator
2099 University Avenue West, Suite 201
St. Paul, MN 55104- 3431.
Phone: 651 -643 -8394
Fax:651- 603 -0101
email: irohret@mn- mesb.org
State's Authorized Representative:
Sherrill Neudahl, Grants Specialist
444 Cedar Street, Suite 223
St Paul, MN 55101
Phone: (651) 201 -7421
Fax: (651) 296 -0459
Email: Sherrill.neudahl@a state.mn.us
Grant Program:
HSEM PSIC 2007
Grant Agreement No.:
2009 -PSIC -00206 2000 -12753
Grant Agreement Term:
Effective Date: 7/1/2008
Expiration Date: 9/30/2010
Grant Agreement Amount:
Original Agreement $1,285,465.00
Matching Requirement
$297,224.00
Federal Funding: CFDA 11.555
State Funding:
Special Conditions: None
Under Minn. Stat. 299A.01, Subd 2 (4) the State is empowered to enter.into this grant agreement.
Terns: 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 of this 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 in the Grantee's approved HSEM
PSIC 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 -6233. The Grantee shall also comply
with all requirements referenced in the HSEM PSIC 2007 Guidelines and Application which includes the Terms
and Conditions and Grant Program Guidelines (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 Requirements: (If applicable.) As stated in the Grantee's Application, the Grantee certifies that the
matching requirement will be met by the Grantee.
DPS Grant Agreement non -state 09/08
Grant Agreement Page 2 of 2
Payment: As stated in the Grantee's Application and Grant Program Guidance, the State will promptly pay the
Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized
Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will
not be made if the Grantee has not satisfied reporting requirements.
Certification 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
Individual certifies that funds have been encumbered as.
required by Min IGNED
Signed:
Date:
Grant Agreement 200 PSIC -0V2U6 luvu -i t�3
BY MARY ERICKSON
2. GRANTEE
The Grantee cent f es that the appropriate person(s)
have executed the grant agreement on behalf of the Grantee
as required applicable arddea byl resolutions, or ordinances.
By: fU 5 4"x^'•1 o.
Title: a/T rant 4
Dato: i
By: Distn'bution: DPS/FAS
Grantee
Title: State's Authorized Representative
Date:
DPS.Grant Agreement non -state 09/08
3. STATE AGENCY
By:
(with dole
Title:
Date:
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
tin to •influence an officer or employee of any agency, a member of
any person for influencing or aitenp g
Congress, an officer or employee of Congress, or an employee of aMember of Congress in connection with the
into of any of any Federal contact,
the making of any Federal grant, the making of any Federal loan, the entering
i nto of any coopop erative tive 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
employee of Conngresgres ing s, or an employee of a Member of Congress an officer or employee of any agency, A Member of Congress, an officer or
influencing
mpl e or o ess in connection with this Federal contract, grant,
emploe
loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -ILL, "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
entering into this transaction.
made or entered into. Submission of this certification is a prerequisite for mak or e
ing required certification into t shall be
penalty by Section 1352,
Title 31 U.S.Code. Any person who fails to file the req
subject to a civil penalty of mot less than $1.0,000 and not more than $100,000 for each such failure.
.O1Y,p. 1mt
Oiganizatio Name
Name an Title of Official Signing for Organization
Date
Ng Pr
/al
Approved aS. to' form:
MESB CdunSel
DPS Grant Agreement Don -state 01/08
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EXHIBIT B
EQUIPMENT TO BE PURCHASED
Include Cost Estimates
(SEE ATTACHED)
G: \Grants Applications \PSIC Sub -Grant Agreement .doc
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EXHIBIT C
Certification Regarding Lobbying
For Grants Over $100,000.00
The undersigned certifies, to the b of his or her knowledge or belief that:
(1) No Federal appropriated ds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influen g or attempting to influence an officer or employee of any
agency, a Member of Congress, an offi -r or employee of Congress, or an employee of a Member
of Congress in connection with the away• ng of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the ntering into of any cooperative agreement, and the
extension, continuation, renewal, amendme t, or modification of any Federal contract, grant, loan
or cooperative agreement.
t1/4.
app opriated paid or will be paid to any funds have been
(2) If any funds other than Federal pp p p
person for influencing or attempting to influenc: an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, r an employee of a Member of Congress in
connection with this Federal contract, grant, loan e cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclos e of Lobbying Activities in accordance with
its instructions.
(3) The undersigned shall require that the lan age of this certification be included in the
award documents for all subawards at all tiers (includin: subcontracts, subgrants, and contracts
under grants, loans and cooperative agreements) and that 1 subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon w h reliance was placed when this
transaction was made or entered into. Submission of this certi cation is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title ;1 U.S. Code. Any person who
fails to file the required certification shall be subject to a civil pe ty of not less than $10,000 and
not more than $100,000 for each such failure.
Name and Title of Official Signing for Organization
By:
Signature of Official
G: \Grants Applications \PSIC Sub Grant Agreement .doc