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Home My WebLink About5.C.2. Acceptance of Grant Funding for Siren Re-BandingTo: Honorable Mayor, City Council Mark McNeill, City Administrator From: Craig Robson, Captain Subject: Acceptance of Grant Funding for Siren Re- Banding Date: March 1, 2011 INTRODUCTION City staff is seeking council approval to enter into an agreement with Scott County to accept grant funds to reprogram the City's emergency warning sirens. BACKGROUND CITY OF SHAKOPEE Police Department Memorandum The City of Shakopee has twenty outdoor emergency warning sirens that are activated by the County dispatch center in the case of an emergency. These warning sirens are required by the FCC to be re -banded to accept low frequency signals instead of high frequency signals. These requirements must be met or the warning sirens will not work. Scott County has received grant money from Minnesota Homeland Security Emergency Management to assist communities in offsetting the expense associated with the repair or replacement of warning sirens to meet the FCC requirement. The City's portion of this funding totals $16,813. Funds under this grant are available until December 31, 2012. BUDGET IMPACT This grant requires no local match and will offset funds budgeted in the 2012 police department budget for siren re- banding. VISIONING RELATIONSHIP: This action supports: Goal C — Maintain the City's strong financial health. Strategy 6: Provide high quality services c. z� ALTERNATIVES 1. Allow staff to enter into an agreement with Scott County and accept Minnesota Homeland Security Emergency Management grant funds for siren re- banding. 2. Do not allow staff to enter into the agreement and do not accept the grant funding. 3. Table for further information from staff. RECOMMENDATION Staff recommends alternative one. ACTION REQUESTED If Council concurs, they should make a motion to authorize the appropriate City officials to enter into an agreement with Scott County and accept grant monies from Minnesota Homeland Security Emergency Management to assist in offsetting the expense associated with the re- banding of the City's warning sirens. Attachment: MOU Scott County and Shakopee Grant Funding for Siren Re- Banding MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF SCOTT AND CITY OF SHAKOPEE THIS AGREEMENT, by and between the County of Scott, Minnesota, hereinafter referred to as "County," and the City of Shakopee in the County of Scott hereinafter referred to as "City," RECITALS WHEREAS, All communities in Scott County have outdoor emergency warning sirens that are activated by the County dispatch center in the case of an emergency. WHEREAS, These warning sirens are required by the FCC to be re- banded to accept low frequency signals instead of high frequency signals. These requirements must be met or the warning sirens will not work. WHEREAS, County has received grant money from Minnesota Homeland Security Emergency Management to assist communities in offsetting the expense associated with the repair or replacement of warning sirens to meet the FCC requirement. WHEREAS, It is County's intent to pass this grant funding on to communities located in County. NOW THEREFORE, in consideration of the mutual undertakings and agreement contained herein, County and City hereby agree as follows: CITY DUTIES: City agrees to complete the following tasks during the term of the agreement: A. Reprogram existing outdoor warning sirens to meet FCC requirements. B. Provide County with documentation that each outdoor warning siren, for which grant fund payment is sought, meets FCC requirements TERMS OF PAYMENT A. Compensation City shall be compensated at a rate of $840.65 per conforming outdoor warning siren. Total compensation under this agreement shall not exceed $16,813.00. B. Payments shall be made within thirty (30) days after receipt of documentation as set out above and acceptance of such documentation by the authorized agent of the County. The authorized agent shall have the authority to review the documentation, and no payment shall be made without the approval of the authorized agent. CONDITION OF PAYMENT All work performed by City pursuant to this Agreement shall be performed to the satisfaction of the County, and in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. Payment shall be withheld for work found by the County to be unsatisfactory, or performed in violation of federal, state and local laws, ordinances, rules or regulations. Emergency Management MOU City of Shakopee Page 2 of 5 NOTICES CHANGES All requests for payment must be received by December 31, 2012 in order to be eligible for payment by County. EFFECTIVE DATE OF AGREEMENT This Agreement shall be effective December 1, 2010. TERM OF AGREEMENT This Agreement shall remain in effect until December 31, 2012, or until all obligations set forth in this Agreement have been satisfactorily fulfilled, whichever occurs earlier. AUTHORIZED AGENTS The parties shall appoint authorized agents for the purpose of administration of this Agreement. Authorized agents are as follows: Chris Weldon Emergency Management Director 301 Fuller Street South Shakopee, MN 55379 (952) 496 -8381 cweldon @co.scott.mn.us TERMINATION This Agreement may be terminated by either party, with or without cause, upon 30 (thirty) days written notice to the Authorized Agents of the other parties hereto. Any notices to be given under this Agreement shall be given by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed to the authorized agents of the parties at the addresses stated herein. CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. SUCCESSORS AND ASSIGNS The parties hereto, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of this Agreement. No party shall assign, sublet, or transfer any interest in this Agreement without the prior written consent of the others. The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. Emergency Management MOU City of Shakopee Page 3 of 5 The execution of the change shall be authorized and signed in the same manner as for this Agreement. SEVERABILITY In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non - enforceability would cause the Agreement to fail its purpose. One or more waivers by either party of any provision, term, condition, or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. INDEMNIFICATION Tort claims or demands against City shall be governed by Minn. Stat. Sec. 466.01 et seq. By entering into this Agreement, County in no way takes or accepts any liability of City in regard to the re- branding, operation or use of its emergency sirens or system. County's sole role and purpose in this agreement is to secure grant funding from the State and provide it to communities in the County as set forth in such grant award. City shall save and protect, hold harmless, indemnify, and defend County, its commissioners, officers, agents, employees and volunteer workers against any and all liability, causes of action, claims, loss, damages or cost and expense arising from, allegedly arising from, or resulting directly or indirectly from any professional errors and omissions and /or negligent acts and omissions of City, its officers, officials, employees or contractors in the performance of this Agreement. WORKERS' COMPENSATION County and City shall each be responsible for injuries or death of its own employees to the extent required by law. County and City will maintain workers' compensation insurance or self - insurance coverage covering its own employees. COUNTY AND STATE AUDIT Pursuant to Minn. Stat. Section 16C.05, Subd. 5 (2007), the books, records, documents, and accounting procedures and practices of City relative to this Agreement shall be subject to examination by the County and the State Auditor. Complete and accurate records of the work performed pursuant to this agreement shall be kept by City for a minimum of six (6) years following termination of this Agreement for such auditing purposes. The retention period shall be automatically extended during the course of any administrative or judicial action involving the County of Scott regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is finally completed or until the authorized agent of the County notifies City in writing that the records need no longer be kept. DATA PRACTICES City, its agents, employees and any subcontractors of City in providing all services hereunder, agree to abide by the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as amended, and Minn. Rules promulgated pursuant to Ch. 13. The City agrees to indemnify and hold County, its officers, department heads and employees harmless from any claims resulting from the City's unlawful disclosure, non - disclosure, or use of data protected under state and federal laws. Emergency Management MOU City of Shakopee Page 4 of 5 ENTIRE AGREEMENT It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between County and City relating to the subject matter hereof. Emergency Management MOU City of Shakopee Page 5 of 5 IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. SCOTT COUNTY CITY OF SHAKOPEE by: by: Gary Shelton, County Administrator Mayor Date: Date: Attest: Date: Date: City Administrator City Clerk Date: