5.2. SR 04-02-2007
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
Administration A ril 2, 2007
Item Description
Consider Purchasing Lift for Ice Arena and Discussion on
Safe Grant
Item Number
5.2.
Prepared by
Bruce A. West, Fire Chief
Reviewed by
Tim Simon, Finance Director
Introduction
On behalf of the City of Elk River Safety Committee, the Elk River Ice Arena applied for a safety grant
through the Department of Labor and Industry for the purchase of a 26'-27' electric scissors lift to be
used at the arena.
Discussion
The Safety Committee recognized a potential safety issue with the City of Elk River's current 20' lift and
the potential use of a ladder to extend the reach of the existing 20' lift. The use of a ladder does not meet
the intent of safety standards as a person would have the potential to be outside the railing system. In the
event of a slip from the use of a ladder a person could fall to ground level.
With this recognized potential safety hazard, it was determined by the Safety Committee to pursue the
purchase of a 26'-27' electrical scissors lift that will provide the necessary reach to all portions of the ice
arena. This lift will generally be used at the ice arena for day-to-day maintenance, but will be available to
other City of Elk River Departments.
On February 2005, the City purchased a trailer to transport electric scissor lift with safety funds. If
necessary at another site, this electric lift maybe transported and used on maintenance projects.
It has become increasingly difftcult to obtain the safety grants from the Department of Labor and
Industry due to budgetary cuts within the State of Minnesota. The City of Elk River has been very
fortunate to have obtained numerous safety grants in the past for projects such as Fire Department
SCBAs, a Utilities trench box, a Wastewater Treatment Plant sewer truck, Public Works fue protection
sprinkler system, and electric scissor lift and trailer.
Financial Impact
We have received confumation from the Department of Labor and Industry that we have been awarded a
grant for $6,230 towards the purchase of an electric scissors lift to be used by the ice arena. Ice Arena
Manager Rich Czech recendy visited United Rentals and they have a 2005 26'-27' Skyjack Electric
Scissors lift and he completely reviewed the condition of the United Rentals lift and has recommended
the purchase of this reconditioned electric scissors lift with only 52 hours.
S:\OFFSlTE\FlRE\Request for Council Action\Electric Scissor Lift.doc
City Administrator Lori Johnson, Finance Director Tim Simon, and I have discussed the purchase of the
electric scissors lift and acceptance of the $6,230 safety grant award. The remaining funds needed for the
purchase of this project will come from the insurance reserve fund.
Attachments
.
Minnesota Department of Labor & Industry grant award and contract.
.
Quote from United Rental for the purchase of the 26'-27' Electric Scissor lift in the amount of
$12,460.11
.
Additional quotes for Electric Scissor lifts have been obtained through two other vendors:
. 1st Lift Company 2002 27' $19,999
. United Rentals, Hudsonville, Michigan 26' $19,026.00
Contacts were also made to Granite City Rental in St. Cloud and Toyota lift of Brooklyn Park. Neither
company had any 26'-27' electric scissor lifts.
Action Requested
On behalf of the City of Elk River Safety Committee and the Elk River Ice Arena, we are requesting
Council approval for the purchase of a 26'-27' Electric Scissors lift from United Rentals for a total
purchase price (including tax) of $12,460.11 less the $6,230.00 safety grant for a total City expenditure
from the insurance reserve fund of $6,230.11.
Ice Arena Division Manager, Rich Czech and I will be in attendance at the Monday, April 2, 2007 City
Council meeting to answer any questions you may have in reference to the above item.
Council Action
Motion by _
Second by _
Vote
Follow Up
S:\OFFSlTE\FIRE\Request for Council Action\Electric Scissor Lift.doc
443 Lafayette Road N.
St. Paul; Minnesota 55155
www.doli.state.mn.us
MINNESOTA DEPARTMENT OF
LABOR Be: INDUSTRY
(651) 284-5000
1-800-DIAL-DLI
TTY: (651) 297-4198
February 26, 2007
Richard Czech
Elk River Ice Arena
1000 School Street
Elk River, MN 55330
Dear Mr, Czech:
Congratulations! Your grant application has been approved. Enclosed please fmd
your fully executed safety grant contract. You have 120 days in which to complete
your project. The beginning date of your grant contract is 2/23/2007 and the end
date is 6/25/2007. If you fmd that you are unable to complete your project within
the 120 days, you must submit a request in writing for an extension during the terms
of the contract. This grant contract is only for those items that are listed on your
grant contract.
In addition to the safety grant contract, I have also enclosed the Certificate of
Completion form. When you have completed your project, please complete the
enclosed form, include receipts, proof of payment and photographs of new or
modified equipment and items and forward them to my attention.
As part of your grant agreement, you may be contacted to schedule an on-site
consultation visit. We can conduct the on-site consultation visit and perform the
grant verification at the same time. This will fulfill your obligation under the grant
agreement and this is a free service, I have included a brochure that explains other
services offered by Workplace Safety Consultation, If you would like any of these
in addition to the on-site consultation visit, please fill out the service/information
form and return it.
Should you have any questions or concerns, you may contact me at (651) 284-5543,
or toll free at 1-800-731-7232, or bye-mail aternest.mattila@state.mn.us.
Erny Mattila
Safety Grants Program Administrator
Workplace Safety Consultation
This infonnation can be provided to you in alternative fonnats (Braille, large print or audio tape).
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FEB 2 2 2007
STATE OF MINNESOTA
GRANT CONTRACT
This grant contract is between the State of Minnesota, acting through its Department
Safety and Health Consultation Unit ("State") and Elk River Ice Arena ("Grantee").
Recitals
1. Under Minn. Stat. ~ 79.253 the State is empowered to enter into this grant.
2, The State deems the performance of the safety grant project hereunder to be important to the safety of workers,
3. The Grantee represents that it is duly qualified and agrees to implement the project described in this grant contractto
the satisfaction of the State.
Grant Contract
1 Term of ~rant Contract
1,1 Contract. Effective date: This Grant Contract shall be effective upon the date that the final required sigilature is
obtained by the State, pursuant to Minn. Stat. ~ 16C.05, Subd. 2. The Grantee understands that no work relying on
this Grant Contract should begin until all required signatures have been obtained and Grantee is notified by the
State's Authorized Representative.
. 1,2 Contract Expiration date: One Year after the effective date, or until all obligations have been satisfactorily
fulfilled, whichever occurs first,
1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract:
8. Liability; 9, State Audits; 10, Government Data Practices; 12. Publicity and Endorsement; 13. Governing Law,
Jurisdiction, and Venue; and 15, Data Disclosure,
2 Grantee's Duties
1.1 The Grantee, who is not a state employee, will: perform and complete the Scissor Lift purchase and
implementation project activities according to the project description incorporated herein (16) and submitted in the
grant app1,ication.
1,2 Project Completion Date: 120 days after the effective date of the contract, or until all obligations have been
satisfactorily fulfilled, whichever occurs first. The project completion date can only be extended by request and
must be received prior to the original project completion date, Said requests for extension will only be considered
when circumstances exist that were not created by the grantee but are preventing the grantee from meeting the
project completion date, Said extension(s), however, cannot extend the project completion date beyond the
contract expitation date.
3 Time
The Grantee must comply with all the time requirements described in this grant contract. In the performance of
this grant contract, time is of the essence,
4 Consideration and Payment
4.1 Consideration. The State will reimburse project costs under this grant contract as follows:
Reimbursement. The Grantee will be paid up to $ 6.230 per 4,2, Grantee certifies that the dollar for dollar
matching requirement for the grant will be met by Grantee, Any cost overruns incurred in the development and
implementation of the project shall be the sole responsibility of the recipient
4.2. Payment
Invoices. Subject to item 5, "Conditions ofPaymenf', the State will promptly pay the Grantee, after the Grantee.
presents proof of payment/receipts and the certiflcation of completion form, and the requirements of the project
have been met, for the project costs expended and the State's Authorized Representative accepts the expenditures,
Proof must be submitted timely and be based on the detailed records maintained of all expenditures related to the
project and according to the following schedule:
Proof ofpayment/receipt(s) upon project completion and certification,
5 Conditions of Payment
The project described by the Grantee under this grant contract must be implemented as submitted to the 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, The Grantee will not receive
payment for project grant until State has received a Certification of Completion Form and verified compliance with
all requirements for the project The Grantee will not receive payment for work found by the State to be
unsatisfactory or performed in violation offederal, state, or local law,
6 Authorized Representative
The State's Authorized Representative is James Collins. MNOSHA Man~ement Team. or his/her successor, and
has the responsibility to monitor the Grantee's performance and the authority to accept the project implementation
provided under this grant contract If the project performance is satisfactory, the State's Authorized Representative
will certify acceptance on the Certificate of Completion Form submitted by Grantee.
The Grantee's Authorized Representative is Richard Czech, If the Grantee's Authorized Representative changes
at any time during this grant contract, the Grantee must immediately notify the State.
7 Assignment, Amendments, Waiver, and Grant Contract Complete
7,1 Assignment The Grantee may neither assign nor transfer any rights or obligations under this grant contract
without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by
the same parties'who executed and approved this grant contract, or their successors in office.
7.2 Amendments. Any amendment to this grant contract must be in writing arid 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. .
7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the
provision or its right to enforce it.
7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and
the Grantee, No other understanding regarding this grant contract, whether written or oral, may be used to
bind either party,
8 Liability
The Grantee must indemnify, save, and hold the State, its agents, 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 any legal remedies
the Grantee may have for the State's failure to fulfill its obligations under this grant contract.
9 State Audits
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 the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. Grantee agrees
to an on-site safety and health consultation by State after the project is complete,
10 Government Data Practices
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 with both it and
with Minnesota Rules part 5203.0050, subp 1, as they apply to all data created, collected, received, stored, used,
maintained, or disseminated by the Grantee under this grant contract. The civil remedies ofMinn, Stat. ~ 13,08
apply to the release of the data referred to in this clause by either the Grantee or the State.
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.
11 Workers' Compensation
The Grantee certifies that it is in compliance with Minn, Stat. ~ 176.181, subd, 2, pertaining to workers'
compensation insurance coverage, The Grantee's employees and agents will not be considered State employees.
Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any
claims made by any third party as a consequence of any act or omission on the part of these employees are in no
way the State's obligation or responsibility,
12 Publicity and Endorsement
12,1 Publicity, Any publicity regarding the subject matter of this grant contract must identify the State as the
sponsoring agency and must not be released without prior written approval from the State's Authorized
Representative. For purposes of this provision, publicity includes notices, informational pampWets, press
releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or
jointly with others, or any subcontractors, with respect to the program, publications, or services provided
resulting from this grant contract
12.2 Endorsement. The Grantee must not claim that the State endorses its products or services.
13 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice-of-Iaw provisions, governs this grant contract. Venue for all legal
. proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
14 Termination
14,1 Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon
30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to paynient
determined on a pro rata basis, for items which accomplish safety goals, albeit short of project completion.
14,2 The State may cancel this Grant Contract iInm.ediately if the State finds that there has been a failure to
comply with the provisions of this Grant Contract, that reasonable progress has not been made or that the
purposes 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 funds and
requiring the return of all or part of the funds already disbursed,
15 Data Disclosure
Under Minn, Stat. ~ 270.66, and other applicable law, the Grantee consents to disclosure ofits-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 result in
action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any,
16 Other Provisions
Incorporation by reference - The safety grant project description in the proposal submitted to State on
is attached and hereby incorporated by reference.
1. State EncumbranCe Verification
Individual certifies that funds have been encumbered as
required by Hinn. Stat. H 16.4.15 and 16C05.
Signed:
Date:
CFMS Grant contact No. A-
Distribution:
Agency
Grantee
State's Authorized Representative - Photo Copy
Proposal
United Rentals
Aerial Equipment
13135 43rd Street NE
St. Michael, MN 55376
(800) 274-5771 Toll Free
(763) 497-5175 Phone
(763) 497-5375 Fax
ttn.: Je DavislRich Czech
ustomer: Elk River Ice Arena
ddress: 1000 School Street NW
Elk River, MN 55330
Wid fl 'd
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Customer #: 1140284
Date: March 28, 2007
Phone: 763-635-1142
FAU(: 763-635-1144
d .b d b I
e are please to quote or your conSl eratlOn, pnces terms on eqUIpment escn e eow:
Description Amount
1 - 2005 Skyjack 3226 Electric Scissors Lift $11727.56
.:. 3' Deck extension
.:. Non-marking tires
.:. 52 Hours approx.
Terms: Rentals Net 30
Sales Upon invoice Subtotal
Service Net 30
Comments/Special Instructions: Freight N/C
Includes 6 months "United Guard" warranty coverage Fuel
wpp
Tax 732.55
Thank you for the opportunity of submitting this proposal and we hope to Total $12460.11
be favored with your valued order.
This proposal is valid for 30 (thirty) days from issue date,
This proposal becomes an order if signed below, and returned to this office,
Firm Name:
Date:
By:
Salesperson:
Scott Spehn
Title:
Approved by:
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$2,999 EACH
Delivered in July 2001
electric, w/slide-outs
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$13,500
26'
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2002 4 x 4 dual fuel for
$19,999
Skyjack
SJ7027
27'
1500lb
29' 6" 300#
Upright
X31N
A great scissor @
$12,999
One demo unit left
List $23,900
30'6"
Page 10f5
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3/30/2007
United Rentals - Used Equipment Sales
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Home '> U!)e<lEg!JjI>m~llt '> Equipment Detail
Loading Dock I Check I
Equipment Detail
2005 Skyjack SJIII3226
Store Information
Category: Ufts - Scissor Address: 5025 40Th Avenue
Hudsonville, MI 49426
Description: Scissor 24-26Ft 30-36 *
Contact: Greg Assink
Options:
Phone: 616-6699506
Engine Mile/Hours: 93.000
Fax: 616-6696260
Price: 19,026.00
E.-mail : erental-manager@ur.com
Serial Number: 273840
Equipment Number: 711298
Store Hours: M-F 7AM-5PM
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Today's Date: Friday, March 30,20079:42:18 AM
Print this for reference.
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