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Home My WebLink About#08 - 3M Workgroup Operational Capacity Grant AmendmentSTAFF REPORT DATE: October 20, 2020 CONSENT AGENDA ITEM: Operational Capacity Grant Amendment SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: In early 2019 the city council approved a grant agreement with the MPCA to cover technical work by the city engineer on the 3M workgroups and subgroups. Since the process to finalize the Conceptual Drinking Water continues on longer than originally anticipated, we’ve asked for additional funding to support the work. ISSUE BEFORE COUNCIL: Who should the Council approve the Operational Capacity Grant Agreement Amendment with MPCA? PROPOSAL: Included in your packet is a copy of the grant agreement amendment that would increase the total funding available to $55,000. It also changes the contract deadline to June 30, 2022. FISCAL IMPACT: As of September 28th, the city has incurred nearly $43,000 in engineering charges related to the subgroups. We expect there to be more as the review of the Conceptual Drinking Water Plan continues. Without the grant agreement, the charges beyond $40,000 would be paid by the water fund. RECOMMENDATION: If removed from the consent agenda: “Motion to approve the Operational Capacity Grant Agreement Amendment with MPCA.” ATTACHMENT: • Operational Capacity Grant Agreement Amendment Revised and updated June 2020 Grant Agreement Amendment #2 State of Minnesota Doc Type: Contract SWIFT Contract Number: 150592 Purchase Order Number: 3000022855 AI: 90810 Activity ID: PRO20180002 Contract Start Date: December 1, 2018 Total Contract Amount: $ 55,000.00 Original Contract Expiration Date: December 31, 2019 Original Contract: $ 25,000.00 Current Contract Expiration Date: December 31, 2020 Previous Amendment(s) Total: $ 15,000.00 Requested Contract Expiration Date: June 30, 2022 This Amendment: $ 15,000.00 This amendment is by and between the State of Minnesota, acting through its Commissioner of the Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, MN 55155-4194 (“MPCA” or “State”), and City of Lake Elmo, 3800 Laverne Avenue N, Lake Elmo, MN 55042 ("Grantee"). Recitals 1. The State has a grant contract with the Grantee identified as SWIFT Contract Number 150592 "Original Grant Contract") to provide the Operational Capacity Financial Support for Communities Related to implementation of the Agreement and Order dated February 20, 2018, between the State of Minnesota and 3M Company (3M Settlement). 2. The Original Agreement is being amended to extend the expiration date to allow for further assistance in meeting 3M Settlement goals and extend the invoice schedule. 3. The State and the Grantee are willing to amend the Original Grant Contract as stated below. Grant Contract Amendment In this Amendment, changes to pre-existing Agreement language will use strike through for deletions and underlining for insertions. 1 Term of Grant Agreement 1.1 Effective Date. December 1, 2018, per Minn.Stat.§16B.98 subd. 7, no payments will be made to the Grantee until after this grant agreement is fully executed. 1.2 Expiration Date. December 31, 2020 June 30, 2022, 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 agreement: Liability; State Audits; Government Data Practices; Governing Law, Jurisdiction, and Venue; and Data Disclosure. DocuSign Envelope ID: 4ED561A6-5963-4F03-94AE-BAE18106238C Revised and updated June 2020 REVISION 2. Clause 4 "Consideration and Payment" is amended as follows: 4. Consideration and Payment 4.1 Consideration. The State will pay for all activities performed by the Grantee under this grant agreement as follows: (a) Compensation. The Grantee will be reimbursed after participants complete the allowable activities and documentation of incurred costs are accepted. (b) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant agreement are allowable provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner’s Plan” promulgated by the Commissioner of Minnesota Management and Budget (MMB), is located at http://www.mmd.admin.state.mn.us/commissionersplan.htm. (c) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant agreement will not exceed $40,000.00 (Forty Thousand Dollars and Zero Cents) $55,000.00 (Fifty-five Thousand Dollars and Zero Cents). 4.2 Payment Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice and the State’s Authorized Representative accepts the invoice. Invoices must be submitted at least on a quarterly basis according to the following schedule but may be submitted as frequently as monthly: Period ending: Invoice Due Date: December 31, 2018 February 15, 2019 March 31, 2019 May 15, 2019 June 30, 2019 August 15, 2019 September 30, 2019 November 15, 2019 December 31, 2019 January 15, 2020 March 31, 2020 May 15, 2020 June 30, 2020 August 15, 2020 September 30, 2020 November 15, 2020 December 31, 2020 January 15, 2021 March 31, 2021 May 15, 2021 June 30, 2021 August 15, 2021 September 30, 2021 November 15, 2021 December 31, 2021 February 15, 2022 March 31, 2022 May 15, 2022 June 30, 2022 July 15, 2022 Invoices may be submitted no more frequently than monthly. (a) Invoice must be emailed to mpca.ap@state.mn.us, and contain the following information:  Name of Grantee  Grantee project manager  Grant amount  Grant amount available to date DocuSign Envelope ID: 4ED561A6-5963-4F03-94AE-BAE18106238C Revised and updated June 2020  Invoice number  Invoice date  MPCA Authorized Representative Gary Krueger  SWIFT Contract No.  Purchase Order No.  Invoicing period (actual working period)  Documentation of incurred costs (from grantee’s accounting system). Print out from system with indication of costs, invoice from contractor or receipt and description of how cost aligns with grantee’s duties (b) If there is a problem with submitting an invoice electronically, please contact the Accounts Payable Unit at 651-757-2491. Except as amended herein, the terms and conditions of the Original Grant Agreement and all previous amendments and change orders remain in full force and effect. The Original Grant Agreement and any previous amendments and change orders are incorporated into this amendment by reference. Signatures Title Name Signature Date \t1\ \n1\ \s1\ \d1\ \t2\ \n2\ \s2\ \d2\ \t3\ \n3\ \s3\ \d3\ \t4\ \n4\ \s4\ \d4\ \t5\ \n5\ \s5\ \d5\ \t6\ \n6\ \s6\ \d6\ DocuSign Envelope ID: 4ED561A6-5963-4F03-94AE-BAE18106238C Katie Shea October 12, 2020Encumbrance Verification City Administrator Kristina Handt