09-241Council File #��
Green Sheet #3066755
CITY
Presented by
/3
WHEREAS, the State of Minnesota, Department of Labor and Industry, Occupational Safety and
Health Consultation Unit has grants available for safety related expenditures; and
4 WHEREAS, the Department of Pubiic Works recognizes the potential serious hazards from
5 backing up large equipment, with limited visibility, in public areas, on roadways and in
6 construction zones; and
WHEREAS, the Department of Public Works has a minimum of three major back up incidents a
years, where there is substantial damage done to a vehicle or other property; and
10
11 WHEREAS, the Department of Public Works is very concerned about the possibility of a fatality
12 in one of these incidents; and
13
14 WHEREAS, the Department of Public Works Administration Safety activity has applied for a
15 $10,000 grant to perform and complete up to 48 back up camera systems for sight-restricted
16 vehicles purchase and implementation project activities according to the project description
17 incorporated in the grant contract and submitted in the grant application;
18
19 WHEREAS, the Department of Public Works anticipates the back up camera system will reduce
20 accidents by 50%; and
21
22 BE IT RESOLVED, that the City Council on behalf of the City hereby authorizes the acceptance
23 of the State of Minnesota, Department of Labor and Industry, Occupational Safety and Health
24 Consultation Unit grant funding for the installation and training of back up camera systems for up
25 to 48 sight-restricted vehicles.
26
27
Yeas Nays Absent
Bostrom `
Carter �
H3C[15 �
Helgen
Lantry
Stark �
Thune ✓
Adopted by Council: Date ��q�j � ��r/
Adoption Certified by Co il Secretary
By: ,- �' si
Approv� a or: D J� � a
7--A�
By: � ��
RESOLUTION
PAUL, MINNESOTA
Requested by Depar[ment of:
Public W��s Director
• i
r
By:
Form Approv gl" � it o ey
By: � �'
Form rove by 11 f or for 'ssio Council
By: ^
� Green Sheet Green Sheet
Green Sheet Green Sheet Green Sheet Green Sheet
DepartmentlOffice/Council: Date initiated: '
Pw _ Public Works 06-FEB-09
D9-�� 1
Green Sheet NO: 3066755
Contact Person & Phone:
Ron Edlund
357-3275
Must Be on Council Agenda by (Date):
Doc. Type: RESOLUTION
EAocument Required: Y
Document Contact: Loree Brown
�
Assign
Number
For
Routing
Order
Contact Phone: 266-6061 �
Total # of Signature Pages _(Clip All Lowtions for Signature)
', Action Requested:
Approval of the attached Council Resolution au[horizing [he Department of Public Works, Administration Fund, Safety Services
activity to accept the Minnesota Dep[. of Labor and Industry safery grant to perfomi and complete the 48 back up camera systems for
sighUrestricted vehicles purchase and implemention project ac[ivities according to the project description submitted in the grant
application.
0 P�blie Worlcs
] Public Works _ D¢par�en[ Director
2 ci�v wnorne}_
3 Mavor's O�ce Mavo rlAssistant
..—_— — ___.__.__ _
4 Council
5 Citv Clerk CiN C lerk
��
�
Recommendafions: Approve (A) or Rejec[ (R):
Planning Commission
CIB Committee
Civil Service Commission
; Personal Service Contracts Must Answer tbe Foliowing Questions:
� 1. Has this person/frm ever worked under a contract for this department?
i Yes No
I 2. Has this person/firm ever been a city employee?
' Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why}:
The Department of Public W orks applied for and will receive a State grant to provide back up camera systems for sight-restdcted
vehicles in the deparhnent.
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_�,
', Advantages If Approved: I
� The Department of Public Works will have [he authority [o receive this grant. The assistance of this grant program to install up to 48 �
camera systems on equipmen[ will decrease the risk of accidents from backing up large equipment that has limited visibiliTy.
— ��_ � �'���
�, DisadvanWgeslfApproved:
None.
FE� 2 4 �QOS
--- `-��'� ` ; � "��
� DisadvanWgeslfNotApproved:
Lost opportuniry to receive funding for back up camera systems. Public Works has a minimum of three major back up incidents per
�', yeaz, where there is substantial damage done to a vehicle or other property. Using grant funds available to install cameras will
improve visibility when backing up lazge equipment and therefore, �educe our risk for accidents. '
Total Amount of $10,000.00
Transaction:
Funding Source: GfBnt
CostlRevenue Budgeted: N
Activity Number: 12375
Financiai Information: A budge4 amendment will be processed upon approval of this resolution.
(Expiain)
February 19, 2009 12:53 PM Page 1
443 Lafayette Road N. � MINNESOTA DEPARTMEh[T 4F (651) 284-5000
Si. Paul, Minnesota 55155 �BOR & INDUSTF�Y 1-800-DIAL-DLI
www.doli.state.mn.us TTY: (651) 297�198
�
February 4, 2009
Ron Edlund
St. Paul Public Works Safety Division
25 West 4�' Street, 15�` Floor
St. Paul, MN 55102-1634
Dear Ron Edlund:
�- a y/
Congratulations! Your grant application has been approved. Enclosed please find
your fully executed safety grant contract. You have 120 days in which to complete
your project. The beginning date of your grant contract is 03/04/2009 and the end
date is 06/04/2009. If you find that you aze unabie 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 aze 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 haue included a brochure that eacplains other
services offered by Workplace Safety Consultation. If gou would like any of these
in addition to the on-site consultation visit, please fill out the service/information
form and retum it.
Should you have any questions or concems, you may contact Vikki Sanders at (651)
284-5162 or toll free at 1-800-731-7232.
Sincerely,
/��..->�� G
U
James Collins, Director
Workplace 3afety Consultation
This information can be provided to you in attemative formats (Braille, large print or audio tape).
STATE OF MINNESOTA
GR?,_NT CONTRACT
This �ant contract is between the State of Minnesota, acting through its
Safetv and Health Consultarion Unit ("State") and Citv of St Paul -Pu:
("Crrantee").
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Recitals
1. Under Minn. Stat. § 79.253 the State is empowered to enter into this grant.
1. The State deems the performance of the safety grant project hereunder to be important to the safety of workers.
2. The Grantee represents that it is duly qualified and agrees to implement the project described in this grant contract to
the satisfacrion of the State.
Grant Contract
1 Term of Grant Contract
1.1 Contract Effective date: This Grant Contract shall be effective upon the date that the final required signature is
obtained by the State, pursuant to Minn. Stat. § 16C.05, Subd. 2. The Cn•antee understands that no work relying on
this Grant Contract should begin unril all required signatures have been obtained and Cnantee is notified by the
State's Authorized Representative.
1.2 Contract Expiration date: One Yeaz after the effective date, or until all obligations have been satisfactorily
fulfilled, whichever occurs first.
13 Surviv¢l of Terms. The following clauses survive the expiration or cancellarion of this grant contract:
8. Liability; 9. State Audits; 10. Government Data Pracrices; 12. Publicity and Endorsement; 13. Goveming Law,
Jurisdicrion, and Venue; and 15. Data Disclosure.
2 Grantee's Duties
1.1 The Cnantee, who is not a state employee, will: perform and complete the 48 back un camera svstems for si2ht-
restricted vehicles purchase and implementation project activiries according to the project description incorporated
herein (16) and submitted in the grant application.
1.2 Project Completion Date: 120 days after the effecfive date of the contract, or unril all obligations have been
sarisfactorily fulfilled, whichever occurs first. The project complerion date can only be extended by request and
must be received prior to the original project complerion 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 complerion date. Said extension(s), however, cannot extend the project completion date beyond the
contract expiration date.
3 Time
The Grantee mus� comply with all the time requirements described in this grant contract. In the per£om�uice of this
grant contract, time is of the essence.
4 Consideration and Payment
4.1 Considerarion. The State will reimburse project costs under this grant contract as follows:
Reimbursement The Grantee will be paid up to $10,000 per 4.2., Cn•antee certifies that the dollar for dollar
matching requirement for the grant will be met by Grantee. Any cost overruns incurred in the development and
implementarion of the project shall be the sole responsibility of the recipient.
4.2.Payment
Invoic`es. Subject to item 5, "Condirions of PaymenY', the State will promptly pay the Grantee, after the Grantee
presents proof of paymenUreceipts and the certification of complerion form, and the requirements of the project
have been met, for the project costs expended and the State's Authorized Representarive 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:
Grant (Rev. 12/00)
Proof of paymenUreceipt(s) upon project completion and certification. � 4,��,(��
!
Condifions of Payment
The project described by the Cttantee under this grant contract must be implemented as submitted to the State's
sausfaction, as detemuned at the sole discrerion of the State's Authorized Representative and in accordance with
all applicable federal, state, and local laws, ordinances, rules, and rea lations. The Grantee will not receive
payment for project grant unril State has received a Certificarion of Complerion Form and verified compliance with
all requirements for the project. The Crrantee will not receive payment for work found by the State to be
unsatisfactory or performed in violarion of federal, state, or local law.
Authorized Representarive
The State's Authorized Representarive is James Coilins, MNOSHA Manaeement Team, or his/her successor, and
has the responsibility to monitor the Grantee's performance and the authority to accept the project implementarion
provided under this grant contract. If the project performance is satisfactory, the State's Authorized Representarive
will certify acceptance on the Certificate of Completion Form submitted by Grantee.
The Crra.ntee's Authorized Representarive is Ron EdIund . If the Crrantee's Authorized Representative changes at
any time during this grant contract, the Graatee must immediately norify the State.
7 Assignment, Amendments, Waiver, and Grant Contract Complete
71 Assignment The Crrantee 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.
72 Amendments. Any amendment to this grant contract must be in writing and will not be effective unril it has
been executed and approved by the same parties who executed and approved the original grant conuact, or
their successors in office.
73 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 Cnmplete. This grant contract contains all negoUations 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.
Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or
causes of acrion, including attorney's fees incuned 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
pracrices relevant to this grant contract aze subject to examination by the State and/or the State Auditor or
Legislarive 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 Cnantee 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 par[ 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 of Minn. Stat. § 13.08
apply to the release of the data refened to in this clause by either the Grantee or the State.
If the Grantee receives a request to release the data refened to in this Clause, the Cn'autee must immediately notify
the State. The State will give the Cmantee instructions concerning the release of the data to the requesting party
before the data is released.
11 Workers' Compensation
crnac (Rev.12/o0)
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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 clauns that may arise
under the Nlinnesota 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 aze in no way the State's obligatinn or responsibility.
12 Publicity and Endorsement
12.1 Publicity. Any publicity regazding the subject matter of This grant conhact 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 tbis provision, publicity includes notices, informational pamphlets, press releases, reseazch, reports, signs,
and similar public norices prepazed by or for the Grantee individually or joinfly with others, or any subcontractors, with
respect to the pro�am, 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 Goveming Law, Jurisdiction, and Venue
Minnesota law, without regazd to its choice-of-law provisions, govems 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 jurisdicrion in Ramsey
County, Minnesota.
14 Termination
14.1 Termination by the State. The State may cancel this a ant contract at any time, with or without cause, upon 30
days' written notice to the Grantee. Upon temvnarion, the Grantee will be entitled to payment detemrined
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 immediately if the State fmds 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 ptuposes for
wluch the funds were a anted have not been or will not be fulfilled. The State may take acrion 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
16
Data Disclosure
Under Minn. Stat. § 270.66, and other applicable law, the Crrantee consents to disclosure of its social security number, federal
employer tax identificarion number, and/or Minnesota taz identificarion number, already provided to the State, to federal and
state tax agencies and state personnel involved in the payment of state obligarions. These identification numbers may be used
in the enforcement of federal and state ta�c laws which could result in acrion requiring the Grantee to file state tax returns and
pay delinquent state tas liabilities, if any.
Other Provisions
Incorporation by reference - The safety �ant proj ect descriprion in the proposal submitted to State on
is attached and hereby incozporated by reference.
1. State Encumbrance Verification
Individual certifies that funds have been encumbered as
required by Minn. Stat §§ 16A.I5 and 16C.05.
Signed:
Date:
CFMS Grant contact No. A-
2. Grantee
The Grantee certifies that the appropriate person(s) have
executed e grant contract o behalf of the Grantee as
require y applicabl ti , by or ordinances.
B y� - . n
Title: EJ I,Q.�G7U' /L U� � Qt>,�J i-C�- �OR./�-S
Copy `, a — � G
Date: �
State Agency
G '.
�( Yw
v (With delegated authority)
Tide: Assistant Co 'ssioner
Date�- �
Dishibution:
Agency
Grantee '
State's Authorized Representarive - Photo
Grant (Rev. 12/00)
ay-,
CERTIFICATE OF COMPLETION
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Company Name:
Address:
City/State/Zip:
I hereby certify that the conditions and requirements outlined in the Safety
Grant Agreement have been fiilfilled by the company named above. Receipts
and proof of payment for items purchased and photographs of new or
modified equipment and items are enclosed.
I further certify that I am a valid representative of the company nazned above,
and am authorized to certify project completion by the owner or a corporate
officer of the company.
I understand that, in accordance with the Safety Crrant Agreement,
documentation of project completion must be submitted to the Minnesota
Department of Labor and Industry prior to the release of grant monies.
Authorized Signature
Title
Date
Project Completion Date
Please complete and return this certificate and all related d�cumentationtatheMnnesotaDepariment
of Labor and Indusiry, Workplace Safety Consultation, 443 Lafayette Road, St. Paul, MN, 55155.
Contact 7im Collins at (651) 284-5060 ifyou haue any questions.
Project approved for payment
James Collins, OMT Director
Workplace Safety Consultation
Project disapproved for payment
7ames Collins, OMT Director
Workpiace Safety Consultation
Date
FOR OFFICE USE ODTI.Y
Approved for $
Date AC Signed
Date to acct
CFMS#
Vendor #
A¢reement #
Revised
09/Ol