3.9. SR 05-02-2011.^~/
City of
Elk -.-~
River
REQUEST FOR ACTION
To Item Number
Ma or and Ci Council 3.9.
Agenda Section Meeting Date Prepared by
Consent Ma 2, 2011 Tim Simon, Finance Director
Item Description Reviewed by
Acceptance of Solax Energy Legacy Grant for the Great Rodney Schreifels, Park Maintenance
Northern Trail Solar Lighting Project Su ervisor
Reviewed by
Lori ohnson, Ci Administrator
Action Requested
Acceptance of Solar Energy Legacy Grant and authorization for staff to develop specifications and
advertise for bids.
Background/Discussion
Earlier this year, the City Council authorized staff to apply for a Solar Energy Legacy Grant for
enhancements along the Great Northern Trail and 2215` Avenue intersection. The proposed project will
provide a user actuated solar powered LED lighting system for the illumination of the tunnel that extends
under CR 33. This system will illuminate the tunnel as trail users approach from either direction using
motion sensors on both sides of the trail. The intersection of the Great Northern Trail and 2215` Avenue
will be enhanced with solar powered street lights and flashing warning devices to warn the oncoming
vehicle traffic of the presence of trail users. These systems would also be actuated by approaching trail
users through the use of motion sensors on both sides of the trail.
We received notification on March 4, 2011 from the Minnesota Department of Natural Resources that
we have been awarded a grant total of $69,965. Our application request was for a grant amount of
$90,113. The amount received is still. a 75% match but our project budget has been modified to reflect
the full utilization of the award. We feel that with competitive bids we will still be able to accomplish the
goal of the project. Park Maintenance Supervisor Rodney Schreifels will be forming a committee to
develop the specifications of the project for bidding following council acceptance of the grant.
Request Revised
Grant $90,113 $69,365
Match 30,037 23,121 (intersection enhancement budget)
Total $120,150 $92,486
Financial Impact
The City match will be coming from the intersection enhancement budget which is $150,000 for 2011.
The maintenance costs axe estimated at $1,000 every five to seven years after installation and will be
incorporated into the parks maintenance operating supply budget.
N:\Public Bodies\Ciry Council\Council RCA\Agenda Packet\05-02-2011\Solarlegarygrantaward[1].docx
Attachments
•Copy of the giant agreement
Action Motion by Second by Vote
Follow Up
N:\Public Bodies\City Council\Council RCA\Agenda Packet\05-02-2011\Solazlegacygrantawazd[1].docx
AGREEMENT BETWEEN THE STATE OF MINNESOTA
DEPARTMENT OF NATURAL RESOURCES
AND THE City of Elk River (#5001-11-3A)
THIS AGREEMENT is made between the State of Minnesota, acting by and through its
Commissioner of Natural Resources (hereinafter the "State"); and the City of Elk River
(hereinafter the "Recipient").
WHEREAS, The Minnesota Legislature by 2009 Minnesota Laws, Chapter 172, Article 3,
Section 2, Subdivision 3 from the natural resources fund for solar grants to local units of
government on land to be maintained for at least 20 years for the purposes of the grant. In
addition, if a project financed under this program receives a federal grant award, the availability
of the financing from this paragraph for that project is extended to equal the period of the federal
grant; and
WHEREAS, the Recipient has applied to the State for a grant and has proposed to provide
lighting and passenger vehicle flashing warning signs at two critical roadway crossing
locations along the Great Northern Trail; (hereinafter the "Project") and which has been
approved by the Recipient's appropriate governing entity as evidenced by Attachment "A" which
is attached hereto and incorporated by reference herein;
NOW THEREFORE, it is agreed between the State and the Recipient as follows:
GENERAL CONDITIONS
1.1 The total obligation of the State for all compensation and reimbursement to the
Grantee under this Grant Agreement will not exceed $69,365.00.
1.2 The Recipient acknowledges that these funds are proceeds from the Natural
Resources Fund, which is subject to certain legal restrictions and requirements,
including Minnesota Statutes Section 116P.13. The Recipient is responsible for
compliance with this and all other relevant State and Federal laws and regulations
promulgated pursuant thereto governing the proceeds of the Fund in the
fulfillment of the Project. Further, the Recipient is responsible for obtaining all
applicable permits, permission and/or interests in property necessary for the
performance of this Agreement.
1.3 CONTACT PERSONS
The authorized contact person for the State is:
Andrew Korsberg, Trail Program Coordinator
Trails and Waterways Division
Department of Natural Resources
1-Cooperative Trail Program
500 Lafayette Road, Box 52
St. Paul, Minnesota 55155-4052
The authorized contact person for the Recipient is:
Tim Simon, Finance Director
City of Elk River
13065 Orono Parkway
Elk River, Elk River, NIN 55330
The authorized fiscal agent for the Recipient is:
Tim Simon, Finance Director
City of Elk River
13065 Orono Parkway
Elk River, Elk River, M1V 55330
1.4 OPERATION OF THE PROJECT.
The Agency shall operate the PROJECT or cause it to be operated as outlined in the
approved Application that is attached hereto as Attachment "B" which is incorporated by
reference herein during the period from the effective date as referenced in paragraph 13.1
through June 30, 2012.
2. USE OF FUNDS
The Recipient shall use the proceeds of this agreement only for the eligible costs of the
Project as outlined in Section 5. Costs.
3. MATCHING FUNDS
The State shall disburse funds to the Recipient pursuant to this agreement on a
reimbursement basis not to exceed Seventy-Five (75) percent of its eligible costs, as
described in Section 5. Costs up to a maximum of $69,365.00.
4. PROJECT
4.1 PROJECT SPECIFICATIONS
The Project shall be guided by the Application as approved by the State.
After completion of the Project, the Recipient shall certify to the State that the
Project, as conducted, conforms to the approved Application. Said certification
must be filed with the State prior to final reimbursement for the Project by the
State.
4.2 ADMINISTRATION AND SUPERVISION
The Recipient shall be responsible for the administration, supervision,
2-Cooperative Trail Program
management and Project oversight that may be required for the work performed
under this agreement. The Recipient may employ such professional services, as it
deems reasonable and necessary to provide these services, subject to the provision
of Section 5. Costs.
4.3 ACKNOWLEDGMENTS
Upon Project completion, the Recipient shall post a permanent funding
acknowledgment sign at the entrance to the Project site, or at an alternative
conspicuous location on the site. The sign will state that the site was
cooperatively developed by the Minnesota Department of Natural Resources.
4.4 STATUS REPORTS
The Recipient shall submit to the State program status, as the State shall
reasonably request.
COSTS
5.1
REIMBURSABLE COSTS
Eligible costs shall be those costs directly incurred by the Recipient in preparation
of and the actual conduct of the Project. Eligible costs shall be based upon the
approved Application and can include the following types of costs provided they
are solely related to and necessary for the completion of the Project:
5.1.1 Advertising costs solely for (1) Recruitment of personnel; (2)
Solicitation of bids; and (3) Disposal of scrap materials;
5.1.2 Capital and labor expenditures for facilities, equipment and other
capital assets;
5.1.3 Communication costs incurred for telephone calls and postage;
5.1.4 Materials & supplies;
5.1.5 Freight transportation expenses; and
5.1.6 Professional services and Project administration costs provided
that they do not exceed 20% of the total cost of the Project;
5.1.7 Land acquisition (including permanent easements) whose
value is established by a licensed appraiser and whose
conclusions of value are certified by the state.
Any cost not defined as an eligible cost or not included in the approved Application shall not be
paid from State funds committed to the Project.
5.2 NONREIMBURSABLE COSTS
Noneligible costs for reimbursement means all costs not defined as eligible
costs, including but not limited to the following:
5.2.1 Any expenditure that occurs outside of the operating dates
established in Section 1.4 (OPERATION OF THE PROJECT);
5.2.2 Fund raising;
5.2.3 Volunteer or Donated Labor
5.2.4 Taxes, except sales tax on goods and services;
5.2.5 Insurance, except title insurance;
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5.2.6 Attorney fees;
5.2.7 Loans, grants, subsidies to persons or entities for development;
5.2.8 Bad debts or contingency funds;
5.2.9 Interest;
5.2.10 Lobbyists;
5.2.11 Political contributions;
5.2.12 Wages and expenses of Recipient's employees;
5.2.13 Fringe benefit costs of Recipient's employees; and
5.2.14 Land appraisals.
6. REIMBURSEMENT PROCEDURES
6.1 Invoices. The State will promptly pay the Grantee after the Grantee presents an
itemized invoice for the services actually performed and the State's Authorized
Representative accepts the invoiced services. Invoices must be submitted at the
close of each state fiscal year (July 1-June 30) at the very least.
6.2 Federal funds. (Where applicable, if blank this section does not apply)
Payments under this grant contract will be made from federal funds obtained by
the State through Title ----------- CFDA number ------------- of the ----------------
Act of ---------------. The Grantee is responsible for compliance with all federal
requirements imposed on these funds and accepts full financial responsibility for
any requirements imposed by the Grantee's failure to comply with federal
requirements.
All reimbursement requests, including invoices, for this project must be received by the
State on or before June 30, 2012.
Upon completion of the Project, the Recipient shall certify to the State that the Project, as
conducted, conforms to the approved Application. Said certification must be filed with the State
prior to final reimbursement for the Project by the State.
Prior to reimbursement for land acquisition, if applicable, the Recipient must file a
perpetual easement referenced in Paragraph 14 herein below with the County
Recorder and provide a copy of the same with the state.
7. ACCOUNTING AND AUDIT
Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and
accounting procedures and practices relevant to this grant contract are subject to
examination by the State and/or State Auditor or Legislative Auditor, as appropriate, for
a minimum of six years from the end of this grant contract.
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8. NONDISCRIMINATION
The Recipient in the conduct of the Project shall not engage in discriminatory
employment practices and shall in all respects comply with Minnesota Statutes,
Sections 363.03 and 181.59-60 and all applicable rules and subsequent amendments.
9. WORKERS COMPENSATION
The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2,
pertaining to workers' compensation insurance coverage. The Grantee's employees and
agents will not be considered State employees. Any claims that may arise under the
Minnesota Workers' Compensation Act on behalf of these employees and any claim
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.
10. GOVERNMENT DATA PRACTICES AND INTELLECTUAL PROPERTY
10.1 Government Data Practices. The Grantee and State must comply with the
Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to
all data provided by the State under this grant contract, and as it applies to all
data created, collected, received, stored, used, maintained, or disseminated by
the Grantee under this grant contract. The civil remedies of Minn. Stat. § 13.08
apply to the release of the data referred to in this clause by either the Grantee or
the State.
10.2 Intellectual Property Rights. The State owns all rights, title, and interest in all of
the intellectual property rights, including copyrights, patents, trade secrets,
trademarks, and service marks in the Works and Documents created and paid
for under this contract. Works means all inventions, improvements, discoveries
(whether or not patentable), databases, computer programs, reports, notes,
studies, photographs, negatives, designs, drawings, specifications, materials,
tapes, and disks conceived, reduced to practice, created or originated by the
Grantee, its employees, agents, and subcontractors, either individually or jointly
with others in the performance of this grant contract. Works includes
"Documents." Documents are the originals of any databases, computer
programs, reports, notes, studies, photographs, negatives, designs, drawings,
specifications, materials, tapes, disks, or other materials, whether in tangible or
electronic forms, prepared by the Grantee, its employees, agents, or
subcontractors, in the performance of this grant contract. The Documents will be
the exclusive property of the State and all such Documents must be immediately
returned to the State by the Grantee upon completion or cancellation of this
grant contract. To the extent possible, those Works eligible for copyright
protection under the United States Copyright Act will be deemed to be "works
made for hire." The Grantee assigns all right, title, and interest it may have in
5-Cooperative Trail Program
the Works and the Documents to the State. The Grantee must, at the request of
the State, execute all papers and perform all other acts necessary to transfer or
record the State's ownership interest in the Works and Documents.
11. LIABILITY
The Grantee must indemnify, save, and hold the State, its agent, and employees
harmless from any claims or causes of action, including attorney's fees incurred by the
State, arising from the performance of this grant contract by the Grantee or the
Grantee's agents or employees. This clause will not be construed to bar ant legal
remedies the Grantee may have for the State's failure to fulfill its obligations under this
grant contract.
12. CONVERSION OF USE
The Recipient shall not at any time convert any property acquired or developed
pursuant to this Agreement to uses other than those specified in this Agreement without
the prior written approval of the State, until a period of twenty years from the time the
designated Funds are no longer available for the Project, has expired.
13. TERM
13.1 EFFECTIVE DATE
Costs may be incurred for this agreement upon approval of the Environmental
Analysis documentation or April 22, 2011, whichever is later, although no
reimbursements will be made until this Agreement is fully executed. This
Agreement shall become legally effective upon such date as it is executed by the
State Agency.
13.2 EXPIRATION DATE
The agreement shall remain in effect until June 30, 2012, or until all obligations
have been satisfactorily fulfilled, whichever occurs first.
13.3 TERMINATION
If the State finds that there has been a failure on the part of the Recipient to
comply with the provisions of this Agreement, that reasonable progress has not
been made, or that the purposes for which the funds were awarded have not been
or will not be fulfilled, the State may take action to protect the interests of the
State including, but not limited to, the refusal to disburse additional funds and
requiring the return of all or part of the funds previously disbursed.
13.4AMENDMENTS
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
6-Cooperative Trail Program
approved the original grant contract, or their successors in office.
14. ANTI-TRUST PROVISION
The Recipient hereby assigns to the State of Minnesota any and all claims for
overcharges as to goods and/or services provided in connection with the Agreement
resulting from antitrust violations that arise under the antitrust laws of the United States
and the antitrust laws of the State of Minnesota.
15. ASSIGNMENT
The Recipient agrees to grant to the State a perpetual easement for the general public to
use the subject property for recreational trail purposes. Attached hereto as Attachment
"D" and incorporated by reference is a copy of the indenture to be filed with the county
recorder if applicable.
16. DATA DISCLOSURE
Under Minn. Stat. § 270.66, and other applicable law, the Grantee consents to
disclosure of its social security number, federal employer tax identification number,
and/or Minnesota tax identification number, already provided to the state, to federal and
state tax agencies and state personnel involved in the payment of state obligation.
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 ii
delinquent state tax liabilities, if any. I,
i
III
7-Cooperative Trail Program
1. STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered as
Required by inn. Stat. §§ 16A.15 and 16C.05.
Signed: J ~,d-
Date: r ~`~ `J 1/
CFMS Grant contract No. B- ~j ~ c..~ (,¢
2. GRANTEE
3. STATE AGENCY
By:
(with delegated authority)
Title: Deputy Director, Division of Parks and Trails
Date:
The Grantee certifies that the appropriate person(s)
Have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances.
By:
Title:
Date:
By:
Title:
Date:
Revised 8/5/2008
8-Cooperative Trail Program