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City Council Resolution 2019-44CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2019-44 4 iU5;7297.�) v W, RESOLUTION TO ACCEPT A DEPUTY REGISTRAR REIMBURSEMENT GRANT FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY AND AUTHORIZE EXECUTION OF THE GRANT AGREEMENT AND LIABILITY RELEASE WHEREAS, the city owns and operates a local Department of Motor Vehicles (DMV); and WHEREAS, the city has incurred additional costs associated with the deployment of MNLARS; and WHEREAS, legislation recently signed by the governor appropriates $13,000,000 for deputy registrar reimbursement grants; and ` WHEREAS, the acceptance of the city's portion of the grant ($ is a complete settlement of all disputes existing between the state and city from development and deployment of MNLARS, but does not waive or release rights or claims arising after the execution of the grant agreement and liability release; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello hereby accepts the grant with all of its conditions and authorizes the Finance Director as the Deputy Registrar Appointee to execute the grant agreement and liability release. ADOPTED BY the Monticello City Council this 24th day of June, 2019. ATTEST: Jeff 0'1 ei ity Administrator CITY OF MONTICELLO rian Stumpf, Npyor The above resolution was introduced by Councilmember Fair and was duly seconded by Councilmember Davidson. The following voting in favor: Davidson, Fair, Gabler, Hilgart, and Stumpf The following voted in opposition: None CERTIFICATION STATE OF MINNESOTA COUNTY OF WRIGHT I hereby certify that the foregoing is a true and correct copy of a resolution duly passed, adopted and approved by the Monticello City Council at their scheduled meeting on June 24, 2019, and recorded in minutes of said meeting. J -ill, City Administrator �{ Notary Public. ' �,� , ti Date: _ VICKI JAN LEERHOFF NOTARY PUBUC `1 MINNESOTA MyCwn6sm Expk" 014ir 2f Grant Agreement Page 1 of 1 Minnesota Department of Public Safety ("State") Driver and Vehicle Services 445 Minnesota Street, Suite 195 St. Paul, MN 55101 Grant Program: MN Session Laws- 2019 Pt Special Session, Chapter 3, Article 1, Section 6 & Article 2, Section 36 Grantee (Fill in information - Print): Grant Agreement Term: Organization Name: 1' CWTI COLLA >WV Deputy Registrar Name: WHA. oP%x-(kG Effective Date: 6/01/2019 Deputy Registrar Address: l t0i Fes. !�Xv qr Cjj. Expiration Date: 7/31/2019 rvtOp.M1C#_LL 0) MtJ 5-536 Remittance Address: ,j05 WAA—NEAM 5'raC-ST� Std,T i Tax Identification Nuinbe?NT"CELL0' MN SS 36 Z �-I'1—&0O538S Phone: 71o3`a?1— 2t State's Authorized Representative: Grant Agreement Amount: $165,387.21 Jeffrey Schmitz, Jeffrey. schmitz(c),,state.mn.us, 651-201-7584 Deputy Registrar No.: 002 Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant agreement. Term: Effective date is the date the State obtains all required signatures under Minn. Stat. § 1613.98, subd. 5 and 7. Once this grant agreement is fully executed, the Grantee will receive reimbursement pursuant to the Payment clause of this grant agreement. Per MN Session Laws- 2019 1 St Special Session, Chapter 3, Article 1, Section 6 & Article 2, Section 36. The Grantee Agrees to: Comply with all requirements in the request and release agreement. Per MN Session Laws- 2019 1 st Special Session, Chapter 3, Article 1, Section 6 & Article 2, Section 36. Payment: The State will disburse the reimbursement within 30 days of the request and release agreement being returned. No later than July 31, 2019. Per MN Session Laws- 2019 1st Special Session, Chapter 3, Article 1, Section 6 & Article 2, Section 36. 1. GRANTEE The Grantee certifies that t propri�e%f erson(s) have executed the grant gree nt on of the Grantee as required by� applica e ar ' e bys, resolutions, or ordinances. Signed: Print Name: wmt4 E 013ECZ & Title: ;7► N q tv C. la —D%(LC—CTO (Z -- Date: " 2 S — 0 Iq Signed: Print Name: Title: Date: 2. STATE AGENCY Signed: Title: Date: IC Liability Release This Agreement is made and entered into by and between 17EPckT� Rr.&IST2A R -- (Deputy Registrar Appointee Printed Full Name "Deputy Registrar") and the Minnesota Department of Public Safety and the State of Minnesota. The parties enter into this Agreement pursuant to the reimbursement grant authorized by Minnesota Session Laws 2019 1st Special Session, Chapter 3, Article 1, Section 6 & Article 2, Section 36. Therefore in consideration of the foregoing recitals, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The parties wish to settle differences relating to the development and deployment of the Minnesota Licensing and Registration System ("MNLARS") without further costs to any of them. 2. The creation or payment of reimbursement grants under this section is not: (1) an admission of liability or wrongdoing by the State or its employees for any act or omission arising from the development and deployment of MNLARS; and (2) admissible in a judicial or administrative proceeding to establish liability or a legal duty. 3. In consideration for the payment described above, and in exchange for the promises herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Deputy Registrar agrees to release and hold harmless the State and its employees from any liability or claim arising from the development and deployment of MNLARS including: (i) a claim under Minnesota Statutes, section 3.732, or (ii) any claim or action before a court or administrative agency. 4. Deputy Registrar fully understands that this is a full, final and complete release of all claims against the Department of Public Safety and the State from all claims relating to the development and deployment of MNLARS. 5. This Agreement does not waive or release any rights or claims of any kind that Deputy Registrar may have which arise after they sign this Agreement, or which arise out of acts occurring after they sign this Agreement. 6. This Agreement is to be interpreted and enforced in accordance with the laws of the State of Minnesota. Any action to enforce this Agreement shall be adjudicated in the state courts of Minnesota. 7. Deputy Registrar agrees that they have read this Agreement, knows its contents and has signed it as a free and voluntary act having had adequate opportunity to consider its terms and conditions. Signature of the Deputy Registrar Appointee Date Signed &-zc-- 2-019 Subscribed and sworn before me this 41, day of nL4� �� l My Commission expires U Notary Public Signature VICKI JAN LEERHOFF NOTARY PUBW ' AMNNESOTA _ Ayrl:amml Ek�ras Otll/RO,ft Notary Stamp or Seal (Optional) Date Signed Signature of the State Agency