HomeMy WebLinkAbout5.F.6. Amendment to Energy Efficiency Grant AgreementCity of Shakopee
MEMORANDUM
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Kris Wilson, Assistant City Administrator
SUBJECT: Amendment to Energy Efficiency Grant Agreement
DATE: March 30, 2011
Introduction
The Council is asked to authorize the appropriate officials to sign an amendment to an existing grant
agreement between the City and the State of Minnesota.
Background
In July of 2010 the City accepted a grant from the Minnesota Department of Commerce — Office of
Energy Efficiency to fund energy efficiency improvements at the police station. The total project cost
was $88,238 and the grant funded approximately 75% of that amount. The good news is that the
improvements were completed in late February and the City has just received the final payout on the
grant from the state. The not so good news is that the state has recently changed some of the reporting
requirements that go along with grant funds, which are originally federal funds from the American
Recovery and Reinvestment Act (ARRA) that were given to the states to disburse.
As a result of this change in reporting requirements, the state sent us an amended grant agreement that
itemizes the changes to the reporting requirements and extends the close -out date of the project from
March 31 to June 30, 2011. The amendment to the grant agreement was received after the Council's 2nd
meeting of March but was due back to the state prior to March 31. Therefore, the appropriate officials
have already signed the document and we are now asking for retroactive permission to do so.
Budget Impact
There is no financial cost or budgetary impact to signing the amendment to the grant agreement.
Relationship to Vision
This is a housekeeping item (F).
Requested Action
The Council is asked to authorize the appropriate City officials to sign Amendment #1 to the City's grant
agreement with the Minnesota Office of Energy Security.
STATE OF MINNESOTA
Amendment No. 1
CFMS: B46215
Agreement Start Date: 07/30/2010 Total Agreement Amount: $66,055.00
Original Expiration Date: 03/31/2011 Original Agreement: $66,055.00
Current Expiration Date: 03/31/2011 Previous Amendment(s) Total: $n/a
Requested Expiration Date: 06/30/2011 This Amendment: $n/a
This amendment is by and between the State of Minnesota, acting through its Commissioner of Commerce ( "State ") and
City of Shakopee, 129 Holmes Street South, Shakopee, MN 55379 -1328 ( "Grantee ").
Recitals
1. The State has an agreement with the Grantee identified as CFMS B46215 ( "Original Agreement ") to provide energy
efficiency improvements to heating/ventilation /air conditioning energy management and equipment improvements
at the police station including a heating and cooling system replacement.
2. This agreement is being amended to revise reporting requirements to the Original Agreement.
3. The State and the Grantee are willing to amend the Original Agreement as stated below.
Amendment(s)
REVISION 1. Clause 1. "Term of Grant Contract" is amended as follows:
1.1 Effective date: 07/26/2010, or the date the State obtains all required signatures under Minnesota Statutes
Section 16C.05, subdivision 2, whichever is later.
The Grantee must not begin work under this grant contract until this contract is fully executed and the
Grantee has been notified by the State's Authorized Representative to begin the work.
1.2 Expiration date: 03/31/2011 06/30/2011, 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 and Intellectual Property; 12. Publicity and
Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15. Data Disclosure; and Exhibit A, Section C.
REVISION 2. Clause 2. "Grantee's Duties" is amended to add:
Exhibit A is replaced by Exhibit A -1, attached and incorporated herein by reference.
REVISION 3, Clause XX 21. "Reporting" is amended as follows:
cnts." The Grantec must submit progress reports detailing
the progress and tas cs completed of the grant agreement funded in whole, or in part, with ARRA funding including
Laws of Minnesota 2009, Chapter 138, Article 5, Scction 2 (accountability and transparency reporting) specifics
which must be submitted to the State by the 5th
Section 1512 of the American Recovery and Reinvestment Act of 2009 (ARRA) states recipients of "Recovery Act
funds must comply with the extensive reporting_requirements." Laws of Minnesota 2009, Chapter 138, Article 5,
Section 2 (accountability and transparency reporting) specifies additional recipient reporting requirements related to
ARRA funding.
A Monthly the Grantee must submit progress reports detailing the progress and tasks completed of the rgant
agreement funded in whole, or in part, with ARRA funding including percent of project completion to the State
by the 5th day of each month for the preceding month's work.
City of Shakopee - Commerce 1
Rev. 08/10 -ARRA
1. STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered as required by
Minnesota Statutes, Sections 16,4.15 and 16C.05.
(with delegated authority)
Signed:
Date:
CFMS Contract No.
2. CITY OF SHAKOPEE
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:
STATE OF MINNESOTA
Amendment No. 1
CFMS: B46215
B) Quarterly, the Grantee must submit additional grant related information, including but not limited to data
regarding hiring practices for jobs retained or created under this agreement and information related to training
where applicable. The Grantee shall report this information on a form prescribed by the State which must be
submitted to the State b the 5th da of each month followin ' the end of the • natter for the . recedin . . uarter's
work. If the grant contract ends prior to the end of the quarter, the Grantee shall submit all data relevant to this
requirement for that quarter up to the end date of the grant contract and submit it with the fmal report.
If a Grantee does not comply with these requirements the State reserves the right to withhold funding.
REVISION 4. The following clause is added to the agreement:
22 Compliance with U.S. Department of Energy's Flow Down Requirements
It is the res.onsibili of the Grantee to full understand and be in com.liance with all U.S. Department of
Energy's flow down requirements, found in Attachment 1 to this agreement.
REVISION 5.
Attachment 1 is hereby attached and incorporated into this agreement.
Except as amended herein, the terms and conditions of the Original Agreement and all previous amendments are
incorporated by reference and remain in full force and effect.
3. MN DEPARTMENT OF COMMERCE
Individual certifies the applicable provisions of Minnesota
Statutes, Sections 16C.08, subdivisions 2 and 3 are reaffirmed.
(with delegated authority)
By:
Title:
Date:
Distribution:
MN Department of Commerce, Accounting Dept.
Grantee
State Authorized Representative (copy)
City of Shakopee - Commerce 2
Rev. 08/10 -ARRA
GRANTEE'S DUTIES
A. GRANTEE shall do all things necessary to complete the following tasks:
1 Shakopee Police Station:
1.1 HVAC energy management and equipment
improvements, including occupancy sensors, CO2
sensors, variable frequency drives, and air damper
replacement 03/31/11
$38,559 $12,949 $51,508 06/30/11
1.2 Heating system replacement with a high
efficiency hot water boiler
1.3 Cooling system replacement with high
efficiency split system air conditioner, humidifier
and associated pipes, pumps and valves
$11,154 $3,746 $14,900 03/31/11
06/30/11
$16,342
$5,488
B. Eligible Costs
Eligible costs include necessary and reasonable costs incurred for subcontractors to:
1. Design, acquire, install and commission measures specified in Table 1; and
2. Remove, store, transport and dispose of waste materials generated.
$21,830
Exhibit A -1
03/31/11
06/30/11
Eligible costs include actual costs incurred by subcontractors. Other expenses may be eligible only if pre- approved
in writing by the State's Authorized Representative. Please note: A DUNS number is required for any subcontractor
receiving direct funding from this grant agreement totaling $25,000 or more.
C. Payments - Reporting
Grantee shall submit monthly progress reports and payment requests for reimbursement of eligible costs incurred not
later than the 5 day of each month for the preceding month's work. Grantee shall submit progress reports and
payment requests on the form provided as Exhibit B of this grant agreement.
Grantee further agrees to maintain and provide energy consumption data for the building being improved through
the B3 public building benchmarking database by:
a) entering base line data for the year prior to the grant agreement; and
b) entering monthly data for a period of three years after the energy efficiency improvements(s) have been
made.
D. Acceptance Testing Documentation (If Applicable)
Grantee shall submit to Office of Energy Security (OES) acceptance testing documentation required by Minnesota
Rules Part 1323.0672, Subpart 3, for modifications to heating, ventilating and/or air conditioning systems. Final
reimbursement for these types of modifications will not be made until the acceptance testing documentation is
received by OES.
E. Promotional Materials
All promotional and informational materials distributed by or for the Grantee shall contain the following statement:
"This project was made possible by a grant from the U.S. Department of Energy and the Minnesota Department of
Commerce through the American Recovery and Reinvestment Act of 2009 (ARRA)," unless this requirement is waived
City of Shakopee - Commerce 7
Rev. 08/10 -ARRA
U.S. Department of Energy's
Flow Down Provisions
Attachment 1
City of Shakopee - Commerce Attachment 1 Cover
Rev. 10/10