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January 26, 2009 Item No. 8C <br />Page 2 <br />The Federal funds are administered through the Minnesota Department of Transportation <br />(MnDOT). Before the funds will be released from the Federal government to MnDOT, it is <br />required that an Agreement be in place between the City and MnDOT, whereby the City <br />designates MnDOT to act as its agent in accepting the funds. The agreement is known as <br />an “Agency Delegated Contract Process” Agreement, or DCP Agreement. <br />The DCP Agreement between the City and MnDOT is not project specific. The Agreement <br />will cover both projects listed previously, as well as any future projects for which the City <br />receives Federal funds. <br />MnDOT has checked their records, and they do not have a DCP Agreement with Mounds <br />View on file. Therefore, the Agreement needs to be approved and executed by both <br />parties before Federal funds can be distributed for the upcoming projects. <br />MnDOT previously provided their standard version of the DCP Agreement for <br />consideration by the City. The City Council considered the Agreement on November 24, <br />2008 and tabled the issue to allow the City Attorney the opportunity to discuss with <br />MnDOT several desired changes to the Agreement language. <br />The City Attorney and MnDOT have discussed the requested changes, and have reached <br />an updated version of the Agreement that both find acceptable. A copy of the updated <br />version of the Agreement is included with this Staff Report for review. The Agreement <br />number is 90473, which is the same as when it was originally considered in November. <br />Please note that the title sheet of the Agreement does not indicate “Updated” or “Revised” <br />in any sense. This is appropriate since the original version of Agreement was never <br />approved and executed. However, the version included with this Staff Report is the <br />updated version. <br />A summary of the changes made in the Agreement are: <br />x Correction in spelling of the City name and references to the City throughout <br />the document <br />x Clarification on Contract Administration duties of the City (Section I.D.3, <br />Page 3) <br />x Deletion of the City indemnification of MnDOT (Section I.I, Page 5) <br />x Deletion of language regarding insufficient federal funding (Section II.C.4, <br />Page 6) <br />x Addition of language to identify statutory governance of City liability <br />(Section III, Page 7) <br />The City Attorney has indicated their opinion to Staff that the Agreement is ready for <br />approval by the City Council.