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99-172� 4R�GINAL Presented By: Referred To: RESOLUTION OF SAINT PAUL, NIINNESOTA 1 WFIEREAS, the Saint Paul Police Department has received a grant from the Minnesota Department 2 of Public Safety, for $3,000 for trag"ic enforcement (Operarion Nightcap), and 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ZO 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, the Department of Public Safety requests a designated authority for the execution of agreements, and RESOLVED, that the Saint Paul City Council accept this grant award for approximately $3,000 for the Operation Nightcap program and authorizes Chief William Finney, to enter into an agreement with the Department of Pnblic Safety . Requested by Department of: Police � Form A�proved by City �ay: � aPpr : oved by Mayo�� i��l'(it � NIGHTCAP-99 By: Committee:Date: t5 Z.-tb frq � �� ! � � , . �� . �� ; � � ' /�� / � ��%J/(� I � Council File # q'q �� Green Sheet # 63208 Adoption Certified by Council Secretary: � i � _ �L; �.ri,' , `�� / v Ci d' DEPARTM'cMlOFFICEICOUNCIL DA7E INITIATED PoliceDepazhnent vzu9s GREEN SHEET r�o. 63208 CO 7A T P RSON & PHONE INR1AUDqTE IN1iIAUDAiE C}]lefFinIIey 292-3588 __ _;_ '� oevuaMexroirsECron_ 4 mcouHa� � MUSi BE ON COUNCIL AGENDA BY (DATE) � �(� Please process ASAP �nrroaxer�__ ❑�mc =°� ❑FlN0.NCIp15ERVICESOIR_� �FlN/WCIPLSFRV/ACCTG �MPYOR(ORq$EIST �/pl �L�—= �UMpNqWHC$ V TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED Accept Operarion Nightcap Grant of $3,000 from the State of Minnesota, Department of Public Safety for overtime traffic enforcement on mazch 17, 1999. RECOMMENDA710N Approve (A) or Reject (R) PERSONAL SEkVIGE CONTRACTS MUST ANSWER THE FOLLOWING �UEST10N5: 7. Has thisperson/firm everworked under a contract forthis tlepartment? PLANNING COMMISSION YES nl0 Ci6 COMMiTTEE 2. Has this personifirm ever been a city employee? CIVIL SERVICE COMMISSION YES NO 3 Does this perso�rtn possess a skill not normally possessetl by any current city employee� YES NO 4. Is this persoNfirtn a targeted vendoR YES NO Fxplain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM ISSUE,aPPORTUNIN(WHO, WHA7, WHEN, WHERE, WH� " Law enforcement cannot keep up with the lazge number of drnuk drivers. Operation Nightcap provides funds for overtime enforcement during events Irnown to have excess drn�kiug. ADVANTAGESIFAPPROVED No cost of added police presence at a major event with a concentration on drnnk driving enforcement. DISADVANTAGES IF APPROVED � _ _ None apparent. �iEG `�' - _ _ "_�' � " c` �:aw �, ��' DISADVANTAGES IF NOiAPPROVED FE ° -, �d.rtc �-E�' � `J ' Loss of grant funding and added enforcemeqt., �S QFF�CE � R S. (VIHYD �"k+` `}': `��'S ''�� « E _ ;,��' t �i'r i; � ii & �- TOTAL AMOUNT OF TRANSACTION S 3,000.00 GOST/REVENUE BUDGETED (CIRCLE ONE) e � YES NO ' Na'�i3. .�cvs��i::'e °.� FUNDING SOURCE $Y3t0 Of MN DOpeiCllleIIt Of PI117�IC r uaf0l}� ACTIVITY NUMBER C7edlt 0� �04100 �� ➢�a� FINANCIAL INFORMATION (EXPLAIN) grsheet Accountinq Information: Agency: P07 � �� STATE OF MINNESOTA GRANT CONTRACT �OI_`�� Fiscal Year. 1999 Vendor Number. 066790002-00 Total Amount of Contract: $3.000.00 Commodity Code: Object Code: 5800 Accounting Distribution 1 Fund: 300 Appr: 539 OrglSu6: 5153 Rept Cat: 1408 Amount: $3.000.00 Commodity Code: Object Code: J Amount of Contract First FY: $3.040.00 Accounting Distribution 2: Fund: Appr: _ OrglSub: Rept Cat: Amount: Processina Information: (some entries may not apply) Requisition: 5000-493/ ! Order: number/date/entry initials Commodity Code: Object Code: _ Accounting Distribution 3: Fund: Appr. _ Org/Sub: Rept Cat: JAN �-3 1999 (Individual signing ce�tifies that funds have been encumbered as requi�ed by MS § 16A15J NOTICE TO GRANTEE: You are required by Minnesota Statutes, section 270.66 to provide your sociai security number os federal employee identification number and Minnesota tax identification number if you do business with the State of Minnesota. This information may be used in the enforcement of federal and state tax laws. Suppiying these numbers could result in action to require you to file state tax returns and pay deiinquent state tax liabilities. This prant contract will not be approved unless these numbers are provided. These numbers will be availabie to federal and state tax authorities and state personnel invoNed in approving the grant contract and the payment of state obligations. / Grantee Name and Address: Citv of St. Paul. Police Department Traffic & Accident Unit - 100 E 11th St St. Paul MN 55101 Social Security or Federat Employec I.D. No. Minnesota Tax I.D. No. (jf applicable) THIS PAGE OF THE GRANT CONTRACT CONTAINS PRIVATElNFORMATION. EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED EXTERNALLY WITHOUT EXPRESS WRITTEN PERMISSION OF THE GRAIVTEE. If you circulate this grant contract intemally, oniy offices that require access to the tax identification number AND all individuaisloffices signing this grant contract should have access to this page. �— qg•t��- THlS GRANT GQNTRACT, and amendments and supplements thereto, is between the State of Minnesota, acting through its Department of Public Safetv State Patrol Division (hereinafter °STATE") and City of St. Paul Police Department, address Traffic & Accident Unit - 100 E 11th St St. Paul MN 5510'{ (hereinafter "GRANTEE°), witnesseth that: WHEREAS, the STATE, pursuant to Minnesota Statute 4.075 is empowered to act as the appropriate aqencv responsible for the administration of the state's hiqhwav safietv proaram and consistent with state faw mav contract and cooperate with and act as aqent for state and federal aqencies, political subdtivisions and pub{ic and qrivate oraanizations in order to effectuate the pumoses of the National Hiahwav Safetv Act of 1966 and anv amendments or requlations thereto to the end that available federal monev and other benefits for such aurposes mav be obtained; and WHEREAS, the STATE is in need of countv and local law enforcement aqencies' particioation in an alcohol saturation proqram desiqned to arrest impaired drivers tOoeration NiqhtCAP); and WHEREAS, GR,4NTEE represents that it is du�y qualified and wiqing to perForm the services set forth herein; NOW, THEREFORE, it is agreed: 1. GRANTEE'S DUTfES GRANTEE shail: A. Coordinate alcohol saturation events with the STATE's district authorized representative (see Ctause VI of this grant contract) during the period October 1, 1998 through September 30, 1999. Saturation events shall include, but are not limited to: 1. Saturation on December 19, 1998, providing upto four (4) deputies. 2. St. Patrick's Day Saturation on March 17, 1999, providing upto four (4) deputies. B. Assist the STATE's district autnorized representative in identifying qualified law enforcement o�cers within GRANTEE's agency who have a demonstrated proficiency and interest in arres6ng impaired drivers, and who will be active participants in this program. Afi law enforcement o�cers participating in this program shall be licensed as provided by law. C. Provide a list of eligible faw enforcement officers who may partic+pate in this program with their overtime rate of pay, including fringe benefits, on "Personnel Roster' labeled Attachment A of this grant contract, which is hereby incorporated by reference and made a part of this grant contract. Reimbursement wiil be made oniy for hours worked above and beyond regular duty shifts, D. Review GRANTEE's Officer Activiky Reports and Daily Activity Logs (samples attached) to verify work efficiency by those officers woricing the saturations; officers unwilling or unabie to diligently pursue impaired drivers cannot be allowed to work subseque�t saturation events and GRANTEE wiii worlc with the STATE's district authorized representative to replace such officers with qualified officers. E. Complete and submit ali required paperwork foilowing each saturation event including, but not limited to, Offcer Activity Reporfs and Invoices to the STA7E's district authorized representative within seven (7) working days following each saturation event. Mmnesota DepaRment oi PubLc Safery, State Patrol Drvision - Opemtion NightCAP Grant Contract page 1 q9-1`ta- F. Coardinate and participate in public information and media efFarts with the STATE's district authorized representative as a part of each saturation event. G. GRAfVTEE acknowledges that a11 lavu enforcement officers participating in this program are Standard Field Sobriety Testing (SFS7) trained. GRANTEE must provide proof of training for each officer not currenUy qualified before such o�cer(s) will be aliowed to participate in the program. H. GRANTEE shall provide for all operating costs including, but not limited to, maintenance and repairs of squad cars used in performance of this grant contract and shall provide all necessary insurance for them. GRANTEE law enforcement officers, while on duty under this grant contract, are employees of the GRAiVTEE and not employees of the STATE or FederaV govemment. CONSIDERATION AND TERMS OF PAYMEN7 A. Consideration for all services performed by GRANTEE pursua�t to this grant contract shall be reimbursed by the STATE as follows: 1. Reimbursernent shail be made to GRANTEE for officer overtime rates, including fringe benefits, incurred in providing services pursuant to Clause I of this grant contract_ This reimbursement shall be at the overtime rate stated for each officer as stated on Attachment A of this grant contract, and shall not exceed the total amount of this grant contract. 2. Reimbursement will be made oniy for hours worked over and above regular duty shifts. 3. Reimbursement for travel and subsistence expenses actuaily and necessarily incurred by GRANTEE in perfortnance of this grant contract in an amount noi to exceed Zero Dollars ($0.00); provided, that GRAN7EE shall be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Non-managerial Unrepresented Employees Plan" promulgated by the Commissioner of Emp{oyee Relations. GRANTEE sha4t not be reimbursed for trave{ and subsistence expense incurred outside the State of Minnesota unless it has received prior written approval for such out of state travel from the STATE. No reimbursement shall be made for salary costs incurred in traveling to and from saturation events. The total obligation of the STATE for all reimbursements to GRANTEE for participation in this program shail not exceed Three Thousand Dollars l$3,000.00). B. Terms of Pavment. 1. Payments shaf{ be made by the STATE promptly after GRANTEE's presentation of invoices for services performed and acceptance of such services by the STATE's authorized representative pursuant to Clause VI of this grant contract. Invoices shall be submitted in a form prescribed by the STATE and according to the foflowing schedule: GRANTEE shall invoice the STATE using the invoice form (sample attached) within seven (� working days following each saturation event. Invoices are to be submitted directly to the STATE's district authorized representative. Minnesota DepartmeM of Public Safety, State Patrol Division - Operation NigMCAP Grent Cont2ct Page 2 c�q -t`i2- 2. Final claim for reimbursement must be submitted no Iater than October 30, 1999. 3. 7he STATE shail reimburse GRANTEE only afiter costs have been incurred by GRANTEE. A0 invoices for reimbursement must be supported by written documentafio� incfuding, but not timited to, the O�cer Activity Reports (sample attached). 4. (When applicabie) Payments are to be made from federal funds obtained by the STATE through the Nationai Hiqhwav Safetv Act ofi 1966 (Public Law 89_564) and amendments thereto. if, at any time, such funds become unavai{able, this grant contract shall be terminated immediatety upon written notice of such fact by the STATE to the GRANTEE. In the event of such termination, GRANTEE shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 5. There will be no holiday pay. III. CONDITION OF PAYMENT All services provided by GRANTEE pursuant to this grant contract shall be performed to the satisfaction of the STATE, as determined at the sole discretion of its authorized representative, and in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. GRANTEE shall not receive payment for work found by the STATE to be unsatisfactory, or performed in violation of federal, state or locai law, ordinance, rule or regulation. IV. TERMS OF CONTRACT This grant contract shall be effective on October 1. 1998, or upon the date that the final required signature is obtained by the S7ATE, pursuant to MS § 16C.05, subd. 2, whichever occurs later, and shall remain in effect until September 30, 1999, or until ail obligations set forth in this grant contract have been satisfactori{y fulfilled, whichever occurs first. V. CANCELLATION This grant contract may be canceled by the STATE or GRANTEE at any • time, with or without cause, upon thirty (30) days written notice to the other party. In the event of such a cancetiation, GRANTEE shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. VI. STATE'S AUTHORIZED REPRESENTATIVES The STATE's authorized representative for the purposes of administration of this grant contract is Debbie Lanoux. Federai Proiects Coordinator. Minnesota State Patroi, telephone number 651-297-1748, or her successor in o�ce. Such represeniative shall have authority for acceptance of GRANTEE's services and, ifi such services are accepted as satisfactory, shal{ so certify on each invoice submitted pursuant to Clause ll, paragraph B. The STATE's district authorized representative for the purposes of coordinating the alcohol saturation events of this grant contract is Lt. Jav Swanson, telephone number 651-779-5908, or their successor in office. Such repres_errtative shali be responsible for schedufing saturations and ensuring STATE supervision is present at each enforcement event, as welf as identifying qualified state patrol, county and locai law enforcement partners to be irnolved in each saturation. Minnesota Department of Public Safety, State Patrol Division - Operation NightCAP Grant Contract Page 3 �l9•t`l� VII. GRANTEE'S AUTHORIZED REPRESENTATIVES The GR,4NTEE's authorized representative for fhe purposes of adminisVation of this grant contract is Spt. Carl Schwanbeck, te{ephone number 651-292-3725. The GRANTEE's authorized representative shail have full authority to represent GRANTEE in its fulfifiment of the term, canditian a�d requirements of this grant contract. VIII. ASSIGNMENT GR,4NTEE shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the STATE. IX. AMENDMENTS Any amendments to this grant contract shall be in writing, and shall be executed by the same parties who executed the originai grant contract, or their successors in office. X. LIASILITY GRANTEE agrees to indemnify and save and hoid the STATE, its authorized representatives and employees harmless from any and all claims or causes of action, including ail attomeys' fees incurred by the STATE, arising from the performance of this grant contract by GRANTEE or GRANTEE's agents or empioyees. This clause shall not be construed to bar any legal remedies GRANTEE may have for the STATE's failure to fulfill its obiigations pursuant to this grant contract. Xi. STATE AUDITS The books, records, documents and accounting procedures and practices of the GRANTEE relevant to this grant contract shafl be subject to examination by the contracting department and the Legislative Auditor. XII. DATA PRACTICES ACT The GRANTEE agrees to comply with the Minnesota Data Practices Act as it appfies to a{I data provided by the STATE in accordance with this grant contrac# and as it applies to all data created, gathered, generated or acquired in accordance with this grant contract. XIII. OWNERSNIP OF MATER{ALS AND INTELLECTUAL PROPERTY RIGHTS A. The STATE shail own ali rights, title and interest in ail of the materials conceived or created by the GRANTEE, or its employees or subgrantees, either individually orjointiy with others and which arise out of the pertormance of this grant contract, including any inventions, reports, studies, designs, drawings, specifications, notes, docume�ts, software and documentation, computer-based training modules, electronicaliy, magneticafly or digitaily recorded material and other work in whatever form (hereinafter "the MATERIALS"). The GRANTEE hereby assigns to the STATE a!l rights, title and interest to the MATERIALS. GRANTEE shall, upon request of the STATE, execute aif papers and perform all other acts necessary to assist the STATE to o6tain and register copyrights, patents or other forms of protection provided by law for the MATERtALS. The MATERIALS created under this grant contract by the GRANTEE, its employees or subcontractors, individuaily orjoinily with otflers, shafl be considered `bvorks made fior hire" as defined by the U.S. Copyright Act. Ali of the MATERIALS, whether in paper, electranic or other form, shall be remitted to the STATE by the GRANTEE, its empioyees and any subcontrac#ors, shall not copy, reproduce, allow or cause to have the MATERIALS copied, reproduced or used for any purpose other than performance of the GRANTEE's obligations under this grant contract without the prior wtitten consent o4 the STATE's authorized representative, Minnesota Department of Public Safety, SYate Patro� Division - Operetion NightCAP Grant Contract Page 4 R9 - I�a- B. GRANTEE represents and warrants that MATERtALS produced or used under this grant contract do not and will not infinge upon any inteilectuai property rights of another, inc{uding but not limited to patents, copyrights, trade secrets, trade names and service marks and names. GRANTEE wili indemnify and defiend the STATE at GR,4NTEE's expense from any action or ciaim brought against the STATE to the extent that it is based on a claim that aIi or part of the MATERIALS infringe upon the intellectual property rights of another. GRANTEE shall be responsible for payment of any and aii such claims, demand, obligations, liabilities, costs and damages including, but not 4imited to, reasonable attomey fees arising out of this grant contract, amendments and suppfements thereto, which are attributable to such ciaims or actions. If such a claim or action arises, or in GRANTEE's or the STATE's opinion is likely to arise, GRANTEE shali, at the STATE's discretion, either procure 4or the STATE the right or ficense to continue using the MAl"ERIALS at issue or replace or modify the allegedly infringing MATERIALS. This remedy shall be in addition to and shall not be exclusive to other remedies provided by law. XIV. PUBLICITY Any publicity given to the program, pubiications or services provided resulting from this grant contract including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs and similar public notices prepared by or for the GRANTEE or its employees, individually orjointly with others or any subcontractors, shall identify the STATE as the sponsoring agency and shall not be released, uniess such release is a specific part of an approved workplan inctuded in this grant contract prior to its approval by the STATE's authorized representative. XV. AFFIRMATIVE ACTION (When applicable) GRANTEE certifies that it has received a certificate of compiiance from the Commissioner of Human Rights pursuant to Minnesota Statutes, Section 363.�73. It is hereby agreed between the parties that Minnesota Statutes, Section 363.073 is incorporated into this grant contract by reference. XVI. WORKERS' COMPENSATION In accordance with the provisions of Minnesota Statutes, Section 176.182, the STATE affirms that GRANTEE has provided acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes, Section'176.181, subd. 2. XVII. ANTITRUST GRANTEE hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this grant contract resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust {aws of the State of Minnesota. XVIII. JURiSDICTION AND VENUE This grant contract, and amendments and supplements thereto, shall be govemed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this grant contract, or breach thereof, shail be in the state or federai court with competent jurisdiction in Ramsey County, Minnesota. XIX. OTHER PROVISIONS A. GRANTEE must comply with the Federal Audit Requirements as stated in Attachment B of this grant contract, which is hereby incorporated by reference and made a part of this grant contract. Minnesota DepadmeM of Public Safery, State Patroi Division - Operation NightCAP G2M Contract Page 5 �� IN WITNESS WHEREOF, the parties have caused this grant contract to be duly executed intending to be bound thereby. APPROVED: 1. GRASVTEE: GRANTEE certifies that the appropriate person(s) have executed the grant contract on behalf of the GRANTEE as required by applicable articies, by-laws, resolutions or ordinances �� Tit1e: Date 2. S By: Title Date Distribution: Agency - Original contract(futfy executed) Grantee State Authorized Representative � �{ �r 5c h.r�w' 2 . 5 t',� ;E�;:. ` ;+�� . , , _.. A3�t. �'siy sni�C: �3�y Minnesota Depadment of PuWic Safery, State Patro! Division - OperaUon NightCAP Grant Contrect Nage ci ��.�io,i�7� 19:26 � �7 �►'r��r�lle� ST PAUL POLICE DEPT PAGE 03 �... �� .. � �� . vv. VJ At�achment A � Personne Ros�er O7 FRtN�E HOURLY HQUftLY BENEFtT O�F3CEI2 NAME BAOGE # FZATE RATE" RATE"' .5' uJ" � A-,e�- %3 xB,iS � Z. z� .z',! .�° v 7" . - q.� zz.� 3. 2 � r,�J "W � Gs z. • 3 -g .�. � x--' zz. i 3 3. a/ ' Gompiete evcn if the same as Haudy Rate "' Fringe �enefit Rate UR £M �ri�' Br�akdOwn: t{1d��m A�n s �nP �,,. t ��.�+s R��E��s �f JE�EnG � � �% � ir ; �� 5.31�7% �,� Y� % �de.� Pu(. aClr f' �°la 'j. 0 71e % � T�A /11 f � Cd /z .� °Ja �. 7.sc� % � % °lo Attachment B '�� Q G�. �EDERAt AUDIT REQUfREMENTS For subrecip9ents who are state (includes Indian tribes) or local govemments If the grantee receives totai direct and indirect federal assistance of: "` Equal to or in excess of $3�0,000 or more per year, the grantee agrees to obtain a financiai and compiiance audit made in accordance with the Singie Audit Act of 1984 (Public Law 98-502) and the federai Office of Management and Budget (OMB) CircularA-133. The law and circular provide that the audit shail cover the entire operations of the grantee govemment or, at the option of the grantee govemment, it may cover departments, agencies or establishments that received, expended or otherwise administered federal financial assistance during the year. Audits shall be made annua{ly uniess the State or local govemment has, by January 1, 1987, a constitutional or statutory requiremeni for less frequent audits. For ihose govemments, the cognizant agency shall permit biennial audits, covering both years, if the govemment so requests. lt shail also honor requests for biennia! audits by govemments that have an administrative policy calling for audits less frequent than annual, but only for fiscal years beginning before January 1, 1987. 2. For subrecipients who are institutions of higher education, hospitals or other nonprofit organizations If the grantee receives total direct and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtain a financiat and compiiance audit made in accordance with OMB Circular A-133. The audit must be an organization-wide aud'ft, uniess it is a coordinated audit in accordance with OMB Circular A-133. However, when the $300,000 or more was received under only one program, the subrecipient may have an audit of that one program. Audits shall usually be made annually, but not less frequent than every two (2) years. 3. All audits shall be made 6y an independent auditor. An independent auditor is a state or {ocal govemment auditor or a public accountant who meets the independence standards specified in the General Accounting Office's Standards for Audit of Govemmental Orqanizations. Proqrams. Activities and Functions. 4. Audit reports shall state that the audit was performed in accordance with the provisions of OMB Circular A-133, as appticable. The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on Audited Financiai Statements" or SAS 62, "Special Reports," as applicable. Aftachment B The reporting requirements for audit reports on compliance and intemal confrols shall be in accordance with AICPA'S SAS 63, "Compliance Auditing Appl+cable to Govemmental Entities and Other Recipients of Govemmenfai Financia( Assisfance" and Statement of Position (SOP) 89-6, "Auditors' Reports in Audits of State and Local Govemmental Units." In addition to the audif report, the recipient sha(f provide comments on tF�e findings and recommendations in the report, including a plan for corrective action taken or pianned and comments on the status of correcYive action taken on prior findi�gs. If corrective action is not necessary, a statement describing the reason it is not should accompany fhe audif reporf. 5. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor and any independent auditor designated by the grantor sha(I have such access fo granfee's records and financial statements as may be necessary for the grantor to comply with the Single Audit Act and OMB Circular A133, as applicabie. 6. Granfees of federaf financial assistance from subrecipients are also required to compiy with the Single Audit Act and the OMB Circular A-133, as applicable. 7. The grantee agrees to retain documentation to support the schedule of federai assistance. 8. Required audit reports must be 5led with the Office of the State Auditor, Single Audit Division and with the Department of Public Safety within �fiirty (30} days afEer the completion of the audit, but no later than one (1) year after the end of the audit period. The Department of Pubi+c Safety's audit report should be addressed to: Minnesota Department of Public Safety O�ce of Fisca! and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul, MN 55101-5126 9. Recipienfs of more than $300,000 in federaf funds are to submit one (1) copy of the audit report within thirty (30) days after issuance Yo the clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jefferson, Indiana 47132 Attn.: Single Audit Clearinghouse 2 SAFE� CAP OFFICER ACTIVITY REPORT ACT{VITY Total Number of Arrests/Citations Issued °�� Operation NightCAP Activity Time Vehicle Vehicte (W)arning/ Reason/Code License Make (C)itation/ # (Ajrrest � ��.�m� ��trC�� Invoice > f � � �:z� � � �;� n� �>. - 1tPFft 1l � CaNA�fRES �* ��' � � � � <, � � � � �,s � �„� � �:. t , .,9,. , �.. ._�: . . r�.,�,n„�.. :,�s .�.��.,/E F.,T. . ..,_.� . , P.,�.,. ��; � �� ,�., County or City Authorized Rep. Date District Authorized Rep. Date Federal Projects Director Date REMIT TO: OPERATtON NIGHTCAP COORDINATOR MINNESOTA STATE PATROL - 2400 3489 HADLEYAVE N OAKDALE MN 55125 PHONE: (612) 77g-5908 FAX: (612)779-5925 (Attach a copy of all related Officer Activity Reports) � 4R�GINAL Presented By: Referred To: RESOLUTION OF SAINT PAUL, NIINNESOTA 1 WFIEREAS, the Saint Paul Police Department has received a grant from the Minnesota Department 2 of Public Safety, for $3,000 for trag"ic enforcement (Operarion Nightcap), and 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ZO 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, the Department of Public Safety requests a designated authority for the execution of agreements, and RESOLVED, that the Saint Paul City Council accept this grant award for approximately $3,000 for the Operation Nightcap program and authorizes Chief William Finney, to enter into an agreement with the Department of Pnblic Safety . Requested by Department of: Police � Form A�proved by City �ay: � aPpr : oved by Mayo�� i��l'(it � NIGHTCAP-99 By: Committee:Date: t5 Z.-tb frq � �� ! � � , . �� . �� ; � � ' /�� / � ��%J/(� I � Council File # q'q �� Green Sheet # 63208 Adoption Certified by Council Secretary: � i � _ �L; �.ri,' , `�� / v Ci d' DEPARTM'cMlOFFICEICOUNCIL DA7E INITIATED PoliceDepazhnent vzu9s GREEN SHEET r�o. 63208 CO 7A T P RSON & PHONE INR1AUDqTE IN1iIAUDAiE C}]lefFinIIey 292-3588 __ _;_ '� oevuaMexroirsECron_ 4 mcouHa� � MUSi BE ON COUNCIL AGENDA BY (DATE) � �(� Please process ASAP �nrroaxer�__ ❑�mc =°� ❑FlN0.NCIp15ERVICESOIR_� �FlN/WCIPLSFRV/ACCTG �MPYOR(ORq$EIST �/pl �L�—= �UMpNqWHC$ V TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED Accept Operarion Nightcap Grant of $3,000 from the State of Minnesota, Department of Public Safety for overtime traffic enforcement on mazch 17, 1999. RECOMMENDA710N Approve (A) or Reject (R) PERSONAL SEkVIGE CONTRACTS MUST ANSWER THE FOLLOWING �UEST10N5: 7. Has thisperson/firm everworked under a contract forthis tlepartment? PLANNING COMMISSION YES nl0 Ci6 COMMiTTEE 2. Has this personifirm ever been a city employee? CIVIL SERVICE COMMISSION YES NO 3 Does this perso�rtn possess a skill not normally possessetl by any current city employee� YES NO 4. Is this persoNfirtn a targeted vendoR YES NO Fxplain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM ISSUE,aPPORTUNIN(WHO, WHA7, WHEN, WHERE, WH� " Law enforcement cannot keep up with the lazge number of drnuk drivers. Operation Nightcap provides funds for overtime enforcement during events Irnown to have excess drn�kiug. ADVANTAGESIFAPPROVED No cost of added police presence at a major event with a concentration on drnnk driving enforcement. DISADVANTAGES IF APPROVED � _ _ None apparent. �iEG `�' - _ _ "_�' � " c` �:aw �, ��' DISADVANTAGES IF NOiAPPROVED FE ° -, �d.rtc �-E�' � `J ' Loss of grant funding and added enforcemeqt., �S QFF�CE � R S. (VIHYD �"k+` `}': `��'S ''�� « E _ ;,��' t �i'r i; � ii & �- TOTAL AMOUNT OF TRANSACTION S 3,000.00 GOST/REVENUE BUDGETED (CIRCLE ONE) e � YES NO ' Na'�i3. .�cvs��i::'e °.� FUNDING SOURCE $Y3t0 Of MN DOpeiCllleIIt Of PI117�IC r uaf0l}� ACTIVITY NUMBER C7edlt 0� �04100 �� ➢�a� FINANCIAL INFORMATION (EXPLAIN) grsheet Accountinq Information: Agency: P07 � �� STATE OF MINNESOTA GRANT CONTRACT �OI_`�� Fiscal Year. 1999 Vendor Number. 066790002-00 Total Amount of Contract: $3.000.00 Commodity Code: Object Code: 5800 Accounting Distribution 1 Fund: 300 Appr: 539 OrglSu6: 5153 Rept Cat: 1408 Amount: $3.000.00 Commodity Code: Object Code: J Amount of Contract First FY: $3.040.00 Accounting Distribution 2: Fund: Appr: _ OrglSub: Rept Cat: Amount: Processina Information: (some entries may not apply) Requisition: 5000-493/ ! Order: number/date/entry initials Commodity Code: Object Code: _ Accounting Distribution 3: Fund: Appr. _ Org/Sub: Rept Cat: JAN �-3 1999 (Individual signing ce�tifies that funds have been encumbered as requi�ed by MS § 16A15J NOTICE TO GRANTEE: You are required by Minnesota Statutes, section 270.66 to provide your sociai security number os federal employee identification number and Minnesota tax identification number if you do business with the State of Minnesota. This information may be used in the enforcement of federal and state tax laws. Suppiying these numbers could result in action to require you to file state tax returns and pay deiinquent state tax liabilities. This prant contract will not be approved unless these numbers are provided. These numbers will be availabie to federal and state tax authorities and state personnel invoNed in approving the grant contract and the payment of state obligations. / Grantee Name and Address: Citv of St. Paul. Police Department Traffic & Accident Unit - 100 E 11th St St. Paul MN 55101 Social Security or Federat Employec I.D. No. Minnesota Tax I.D. No. (jf applicable) THIS PAGE OF THE GRANT CONTRACT CONTAINS PRIVATElNFORMATION. EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED EXTERNALLY WITHOUT EXPRESS WRITTEN PERMISSION OF THE GRAIVTEE. If you circulate this grant contract intemally, oniy offices that require access to the tax identification number AND all individuaisloffices signing this grant contract should have access to this page. �— qg•t��- THlS GRANT GQNTRACT, and amendments and supplements thereto, is between the State of Minnesota, acting through its Department of Public Safetv State Patrol Division (hereinafter °STATE") and City of St. Paul Police Department, address Traffic & Accident Unit - 100 E 11th St St. Paul MN 5510'{ (hereinafter "GRANTEE°), witnesseth that: WHEREAS, the STATE, pursuant to Minnesota Statute 4.075 is empowered to act as the appropriate aqencv responsible for the administration of the state's hiqhwav safietv proaram and consistent with state faw mav contract and cooperate with and act as aqent for state and federal aqencies, political subdtivisions and pub{ic and qrivate oraanizations in order to effectuate the pumoses of the National Hiahwav Safetv Act of 1966 and anv amendments or requlations thereto to the end that available federal monev and other benefits for such aurposes mav be obtained; and WHEREAS, the STATE is in need of countv and local law enforcement aqencies' particioation in an alcohol saturation proqram desiqned to arrest impaired drivers tOoeration NiqhtCAP); and WHEREAS, GR,4NTEE represents that it is du�y qualified and wiqing to perForm the services set forth herein; NOW, THEREFORE, it is agreed: 1. GRANTEE'S DUTfES GRANTEE shail: A. Coordinate alcohol saturation events with the STATE's district authorized representative (see Ctause VI of this grant contract) during the period October 1, 1998 through September 30, 1999. Saturation events shall include, but are not limited to: 1. Saturation on December 19, 1998, providing upto four (4) deputies. 2. St. Patrick's Day Saturation on March 17, 1999, providing upto four (4) deputies. B. Assist the STATE's district autnorized representative in identifying qualified law enforcement o�cers within GRANTEE's agency who have a demonstrated proficiency and interest in arres6ng impaired drivers, and who will be active participants in this program. Afi law enforcement o�cers participating in this program shall be licensed as provided by law. C. Provide a list of eligible faw enforcement officers who may partic+pate in this program with their overtime rate of pay, including fringe benefits, on "Personnel Roster' labeled Attachment A of this grant contract, which is hereby incorporated by reference and made a part of this grant contract. Reimbursement wiil be made oniy for hours worked above and beyond regular duty shifts, D. Review GRANTEE's Officer Activiky Reports and Daily Activity Logs (samples attached) to verify work efficiency by those officers woricing the saturations; officers unwilling or unabie to diligently pursue impaired drivers cannot be allowed to work subseque�t saturation events and GRANTEE wiii worlc with the STATE's district authorized representative to replace such officers with qualified officers. E. Complete and submit ali required paperwork foilowing each saturation event including, but not limited to, Offcer Activity Reporfs and Invoices to the STA7E's district authorized representative within seven (7) working days following each saturation event. Mmnesota DepaRment oi PubLc Safery, State Patrol Drvision - Opemtion NightCAP Grant Contract page 1 q9-1`ta- F. Coardinate and participate in public information and media efFarts with the STATE's district authorized representative as a part of each saturation event. G. GRAfVTEE acknowledges that a11 lavu enforcement officers participating in this program are Standard Field Sobriety Testing (SFS7) trained. GRANTEE must provide proof of training for each officer not currenUy qualified before such o�cer(s) will be aliowed to participate in the program. H. GRANTEE shall provide for all operating costs including, but not limited to, maintenance and repairs of squad cars used in performance of this grant contract and shall provide all necessary insurance for them. GRANTEE law enforcement officers, while on duty under this grant contract, are employees of the GRAiVTEE and not employees of the STATE or FederaV govemment. CONSIDERATION AND TERMS OF PAYMEN7 A. Consideration for all services performed by GRANTEE pursua�t to this grant contract shall be reimbursed by the STATE as follows: 1. Reimbursernent shail be made to GRANTEE for officer overtime rates, including fringe benefits, incurred in providing services pursuant to Clause I of this grant contract_ This reimbursement shall be at the overtime rate stated for each officer as stated on Attachment A of this grant contract, and shall not exceed the total amount of this grant contract. 2. Reimbursement will be made oniy for hours worked over and above regular duty shifts. 3. Reimbursement for travel and subsistence expenses actuaily and necessarily incurred by GRANTEE in perfortnance of this grant contract in an amount noi to exceed Zero Dollars ($0.00); provided, that GRAN7EE shall be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Non-managerial Unrepresented Employees Plan" promulgated by the Commissioner of Emp{oyee Relations. GRANTEE sha4t not be reimbursed for trave{ and subsistence expense incurred outside the State of Minnesota unless it has received prior written approval for such out of state travel from the STATE. No reimbursement shall be made for salary costs incurred in traveling to and from saturation events. The total obligation of the STATE for all reimbursements to GRANTEE for participation in this program shail not exceed Three Thousand Dollars l$3,000.00). B. Terms of Pavment. 1. Payments shaf{ be made by the STATE promptly after GRANTEE's presentation of invoices for services performed and acceptance of such services by the STATE's authorized representative pursuant to Clause VI of this grant contract. Invoices shall be submitted in a form prescribed by the STATE and according to the foflowing schedule: GRANTEE shall invoice the STATE using the invoice form (sample attached) within seven (� working days following each saturation event. Invoices are to be submitted directly to the STATE's district authorized representative. Minnesota DepartmeM of Public Safety, State Patrol Division - Operation NigMCAP Grent Cont2ct Page 2 c�q -t`i2- 2. Final claim for reimbursement must be submitted no Iater than October 30, 1999. 3. 7he STATE shail reimburse GRANTEE only afiter costs have been incurred by GRANTEE. A0 invoices for reimbursement must be supported by written documentafio� incfuding, but not timited to, the O�cer Activity Reports (sample attached). 4. (When applicabie) Payments are to be made from federal funds obtained by the STATE through the Nationai Hiqhwav Safetv Act ofi 1966 (Public Law 89_564) and amendments thereto. if, at any time, such funds become unavai{able, this grant contract shall be terminated immediatety upon written notice of such fact by the STATE to the GRANTEE. In the event of such termination, GRANTEE shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 5. There will be no holiday pay. III. CONDITION OF PAYMENT All services provided by GRANTEE pursuant to this grant contract shall be performed to the satisfaction of the STATE, as determined at the sole discretion of its authorized representative, and in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. GRANTEE shall not receive payment for work found by the STATE to be unsatisfactory, or performed in violation of federal, state or locai law, ordinance, rule or regulation. IV. TERMS OF CONTRACT This grant contract shall be effective on October 1. 1998, or upon the date that the final required signature is obtained by the S7ATE, pursuant to MS § 16C.05, subd. 2, whichever occurs later, and shall remain in effect until September 30, 1999, or until ail obligations set forth in this grant contract have been satisfactori{y fulfilled, whichever occurs first. V. CANCELLATION This grant contract may be canceled by the STATE or GRANTEE at any • time, with or without cause, upon thirty (30) days written notice to the other party. In the event of such a cancetiation, GRANTEE shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. VI. STATE'S AUTHORIZED REPRESENTATIVES The STATE's authorized representative for the purposes of administration of this grant contract is Debbie Lanoux. Federai Proiects Coordinator. Minnesota State Patroi, telephone number 651-297-1748, or her successor in o�ce. Such represeniative shall have authority for acceptance of GRANTEE's services and, ifi such services are accepted as satisfactory, shal{ so certify on each invoice submitted pursuant to Clause ll, paragraph B. The STATE's district authorized representative for the purposes of coordinating the alcohol saturation events of this grant contract is Lt. Jav Swanson, telephone number 651-779-5908, or their successor in office. Such repres_errtative shali be responsible for schedufing saturations and ensuring STATE supervision is present at each enforcement event, as welf as identifying qualified state patrol, county and locai law enforcement partners to be irnolved in each saturation. Minnesota Department of Public Safety, State Patrol Division - Operation NightCAP Grant Contract Page 3 �l9•t`l� VII. GRANTEE'S AUTHORIZED REPRESENTATIVES The GR,4NTEE's authorized representative for fhe purposes of adminisVation of this grant contract is Spt. Carl Schwanbeck, te{ephone number 651-292-3725. The GRANTEE's authorized representative shail have full authority to represent GRANTEE in its fulfifiment of the term, canditian a�d requirements of this grant contract. VIII. ASSIGNMENT GR,4NTEE shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the STATE. IX. AMENDMENTS Any amendments to this grant contract shall be in writing, and shall be executed by the same parties who executed the originai grant contract, or their successors in office. X. LIASILITY GRANTEE agrees to indemnify and save and hoid the STATE, its authorized representatives and employees harmless from any and all claims or causes of action, including ail attomeys' fees incurred by the STATE, arising from the performance of this grant contract by GRANTEE or GRANTEE's agents or empioyees. This clause shall not be construed to bar any legal remedies GRANTEE may have for the STATE's failure to fulfill its obiigations pursuant to this grant contract. Xi. STATE AUDITS The books, records, documents and accounting procedures and practices of the GRANTEE relevant to this grant contract shafl be subject to examination by the contracting department and the Legislative Auditor. XII. DATA PRACTICES ACT The GRANTEE agrees to comply with the Minnesota Data Practices Act as it appfies to a{I data provided by the STATE in accordance with this grant contrac# and as it applies to all data created, gathered, generated or acquired in accordance with this grant contract. XIII. OWNERSNIP OF MATER{ALS AND INTELLECTUAL PROPERTY RIGHTS A. The STATE shail own ali rights, title and interest in ail of the materials conceived or created by the GRANTEE, or its employees or subgrantees, either individually orjointiy with others and which arise out of the pertormance of this grant contract, including any inventions, reports, studies, designs, drawings, specifications, notes, docume�ts, software and documentation, computer-based training modules, electronicaliy, magneticafly or digitaily recorded material and other work in whatever form (hereinafter "the MATERIALS"). The GRANTEE hereby assigns to the STATE a!l rights, title and interest to the MATERIALS. GRANTEE shall, upon request of the STATE, execute aif papers and perform all other acts necessary to assist the STATE to o6tain and register copyrights, patents or other forms of protection provided by law for the MATERtALS. The MATERIALS created under this grant contract by the GRANTEE, its employees or subcontractors, individuaily orjoinily with otflers, shafl be considered `bvorks made fior hire" as defined by the U.S. Copyright Act. Ali of the MATERIALS, whether in paper, electranic or other form, shall be remitted to the STATE by the GRANTEE, its empioyees and any subcontrac#ors, shall not copy, reproduce, allow or cause to have the MATERIALS copied, reproduced or used for any purpose other than performance of the GRANTEE's obligations under this grant contract without the prior wtitten consent o4 the STATE's authorized representative, Minnesota Department of Public Safety, SYate Patro� Division - Operetion NightCAP Grant Contract Page 4 R9 - I�a- B. GRANTEE represents and warrants that MATERtALS produced or used under this grant contract do not and will not infinge upon any inteilectuai property rights of another, inc{uding but not limited to patents, copyrights, trade secrets, trade names and service marks and names. GRANTEE wili indemnify and defiend the STATE at GR,4NTEE's expense from any action or ciaim brought against the STATE to the extent that it is based on a claim that aIi or part of the MATERIALS infringe upon the intellectual property rights of another. GRANTEE shall be responsible for payment of any and aii such claims, demand, obligations, liabilities, costs and damages including, but not 4imited to, reasonable attomey fees arising out of this grant contract, amendments and suppfements thereto, which are attributable to such ciaims or actions. If such a claim or action arises, or in GRANTEE's or the STATE's opinion is likely to arise, GRANTEE shali, at the STATE's discretion, either procure 4or the STATE the right or ficense to continue using the MAl"ERIALS at issue or replace or modify the allegedly infringing MATERIALS. This remedy shall be in addition to and shall not be exclusive to other remedies provided by law. XIV. PUBLICITY Any publicity given to the program, pubiications or services provided resulting from this grant contract including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs and similar public notices prepared by or for the GRANTEE or its employees, individually orjointly with others or any subcontractors, shall identify the STATE as the sponsoring agency and shall not be released, uniess such release is a specific part of an approved workplan inctuded in this grant contract prior to its approval by the STATE's authorized representative. XV. AFFIRMATIVE ACTION (When applicable) GRANTEE certifies that it has received a certificate of compiiance from the Commissioner of Human Rights pursuant to Minnesota Statutes, Section 363.�73. It is hereby agreed between the parties that Minnesota Statutes, Section 363.073 is incorporated into this grant contract by reference. XVI. WORKERS' COMPENSATION In accordance with the provisions of Minnesota Statutes, Section 176.182, the STATE affirms that GRANTEE has provided acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes, Section'176.181, subd. 2. XVII. ANTITRUST GRANTEE hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this grant contract resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust {aws of the State of Minnesota. XVIII. JURiSDICTION AND VENUE This grant contract, and amendments and supplements thereto, shall be govemed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this grant contract, or breach thereof, shail be in the state or federai court with competent jurisdiction in Ramsey County, Minnesota. XIX. OTHER PROVISIONS A. GRANTEE must comply with the Federal Audit Requirements as stated in Attachment B of this grant contract, which is hereby incorporated by reference and made a part of this grant contract. Minnesota DepadmeM of Public Safery, State Patroi Division - Operation NightCAP G2M Contract Page 5 �� IN WITNESS WHEREOF, the parties have caused this grant contract to be duly executed intending to be bound thereby. APPROVED: 1. GRASVTEE: GRANTEE certifies that the appropriate person(s) have executed the grant contract on behalf of the GRANTEE as required by applicable articies, by-laws, resolutions or ordinances �� Tit1e: Date 2. S By: Title Date Distribution: Agency - Original contract(futfy executed) Grantee State Authorized Representative � �{ �r 5c h.r�w' 2 . 5 t',� ;E�;:. ` ;+�� . , , _.. A3�t. �'siy sni�C: �3�y Minnesota Depadment of PuWic Safery, State Patro! Division - OperaUon NightCAP Grant Contrect Nage ci ��.�io,i�7� 19:26 � �7 �►'r��r�lle� ST PAUL POLICE DEPT PAGE 03 �... �� .. � �� . vv. VJ At�achment A � Personne Ros�er O7 FRtN�E HOURLY HQUftLY BENEFtT O�F3CEI2 NAME BAOGE # FZATE RATE" RATE"' .5' uJ" � A-,e�- %3 xB,iS � Z. z� .z',! .�° v 7" . - q.� zz.� 3. 2 � r,�J "W � Gs z. • 3 -g .�. � x--' zz. i 3 3. a/ ' Gompiete evcn if the same as Haudy Rate "' Fringe �enefit Rate UR £M �ri�' Br�akdOwn: t{1d��m A�n s �nP �,,. t ��.�+s R��E��s �f JE�EnG � � �% � ir ; �� 5.31�7% �,� Y� % �de.� Pu(. aClr f' �°la 'j. 0 71e % � T�A /11 f � Cd /z .� °Ja �. 7.sc� % � % °lo Attachment B '�� Q G�. �EDERAt AUDIT REQUfREMENTS For subrecip9ents who are state (includes Indian tribes) or local govemments If the grantee receives totai direct and indirect federal assistance of: "` Equal to or in excess of $3�0,000 or more per year, the grantee agrees to obtain a financiai and compiiance audit made in accordance with the Singie Audit Act of 1984 (Public Law 98-502) and the federai Office of Management and Budget (OMB) CircularA-133. The law and circular provide that the audit shail cover the entire operations of the grantee govemment or, at the option of the grantee govemment, it may cover departments, agencies or establishments that received, expended or otherwise administered federal financial assistance during the year. Audits shall be made annua{ly uniess the State or local govemment has, by January 1, 1987, a constitutional or statutory requiremeni for less frequent audits. For ihose govemments, the cognizant agency shall permit biennial audits, covering both years, if the govemment so requests. lt shail also honor requests for biennia! audits by govemments that have an administrative policy calling for audits less frequent than annual, but only for fiscal years beginning before January 1, 1987. 2. For subrecipients who are institutions of higher education, hospitals or other nonprofit organizations If the grantee receives total direct and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtain a financiat and compiiance audit made in accordance with OMB Circular A-133. The audit must be an organization-wide aud'ft, uniess it is a coordinated audit in accordance with OMB Circular A-133. However, when the $300,000 or more was received under only one program, the subrecipient may have an audit of that one program. Audits shall usually be made annually, but not less frequent than every two (2) years. 3. All audits shall be made 6y an independent auditor. An independent auditor is a state or {ocal govemment auditor or a public accountant who meets the independence standards specified in the General Accounting Office's Standards for Audit of Govemmental Orqanizations. Proqrams. Activities and Functions. 4. Audit reports shall state that the audit was performed in accordance with the provisions of OMB Circular A-133, as appticable. The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on Audited Financiai Statements" or SAS 62, "Special Reports," as applicable. Aftachment B The reporting requirements for audit reports on compliance and intemal confrols shall be in accordance with AICPA'S SAS 63, "Compliance Auditing Appl+cable to Govemmental Entities and Other Recipients of Govemmenfai Financia( Assisfance" and Statement of Position (SOP) 89-6, "Auditors' Reports in Audits of State and Local Govemmental Units." In addition to the audif report, the recipient sha(f provide comments on tF�e findings and recommendations in the report, including a plan for corrective action taken or pianned and comments on the status of correcYive action taken on prior findi�gs. If corrective action is not necessary, a statement describing the reason it is not should accompany fhe audif reporf. 5. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor and any independent auditor designated by the grantor sha(I have such access fo granfee's records and financial statements as may be necessary for the grantor to comply with the Single Audit Act and OMB Circular A133, as applicabie. 6. Granfees of federaf financial assistance from subrecipients are also required to compiy with the Single Audit Act and the OMB Circular A-133, as applicable. 7. The grantee agrees to retain documentation to support the schedule of federai assistance. 8. Required audit reports must be 5led with the Office of the State Auditor, Single Audit Division and with the Department of Public Safety within �fiirty (30} days afEer the completion of the audit, but no later than one (1) year after the end of the audit period. The Department of Pubi+c Safety's audit report should be addressed to: Minnesota Department of Public Safety O�ce of Fisca! and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul, MN 55101-5126 9. Recipienfs of more than $300,000 in federaf funds are to submit one (1) copy of the audit report within thirty (30) days after issuance Yo the clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jefferson, Indiana 47132 Attn.: Single Audit Clearinghouse 2 SAFE� CAP OFFICER ACTIVITY REPORT ACT{VITY Total Number of Arrests/Citations Issued °�� Operation NightCAP Activity Time Vehicle Vehicte (W)arning/ Reason/Code License Make (C)itation/ # (Ajrrest � ��.�m� ��trC�� Invoice > f � � �:z� � � �;� n� �>. - 1tPFft 1l � CaNA�fRES �* ��' � � � � <, � � � � �,s � �„� � �:. t , .,9,. , �.. ._�: . . r�.,�,n„�.. :,�s .�.��.,/E F.,T. . ..,_.� . , P.,�.,. ��; � �� ,�., County or City Authorized Rep. Date District Authorized Rep. Date Federal Projects Director Date REMIT TO: OPERATtON NIGHTCAP COORDINATOR MINNESOTA STATE PATROL - 2400 3489 HADLEYAVE N OAKDALE MN 55125 PHONE: (612) 77g-5908 FAX: (612)779-5925 (Attach a copy of all related Officer Activity Reports) � 4R�GINAL Presented By: Referred To: RESOLUTION OF SAINT PAUL, NIINNESOTA 1 WFIEREAS, the Saint Paul Police Department has received a grant from the Minnesota Department 2 of Public Safety, for $3,000 for trag"ic enforcement (Operarion Nightcap), and 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ZO 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, the Department of Public Safety requests a designated authority for the execution of agreements, and RESOLVED, that the Saint Paul City Council accept this grant award for approximately $3,000 for the Operation Nightcap program and authorizes Chief William Finney, to enter into an agreement with the Department of Pnblic Safety . Requested by Department of: Police � Form A�proved by City �ay: � aPpr : oved by Mayo�� i��l'(it � NIGHTCAP-99 By: Committee:Date: t5 Z.-tb frq � �� ! � � , . �� . �� ; � � ' /�� / � ��%J/(� I � Council File # q'q �� Green Sheet # 63208 Adoption Certified by Council Secretary: � i � _ �L; �.ri,' , `�� / v Ci d' DEPARTM'cMlOFFICEICOUNCIL DA7E INITIATED PoliceDepazhnent vzu9s GREEN SHEET r�o. 63208 CO 7A T P RSON & PHONE INR1AUDqTE IN1iIAUDAiE C}]lefFinIIey 292-3588 __ _;_ '� oevuaMexroirsECron_ 4 mcouHa� � MUSi BE ON COUNCIL AGENDA BY (DATE) � �(� Please process ASAP �nrroaxer�__ ❑�mc =°� ❑FlN0.NCIp15ERVICESOIR_� �FlN/WCIPLSFRV/ACCTG �MPYOR(ORq$EIST �/pl �L�—= �UMpNqWHC$ V TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED Accept Operarion Nightcap Grant of $3,000 from the State of Minnesota, Department of Public Safety for overtime traffic enforcement on mazch 17, 1999. RECOMMENDA710N Approve (A) or Reject (R) PERSONAL SEkVIGE CONTRACTS MUST ANSWER THE FOLLOWING �UEST10N5: 7. Has thisperson/firm everworked under a contract forthis tlepartment? PLANNING COMMISSION YES nl0 Ci6 COMMiTTEE 2. Has this personifirm ever been a city employee? CIVIL SERVICE COMMISSION YES NO 3 Does this perso�rtn possess a skill not normally possessetl by any current city employee� YES NO 4. Is this persoNfirtn a targeted vendoR YES NO Fxplain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM ISSUE,aPPORTUNIN(WHO, WHA7, WHEN, WHERE, WH� " Law enforcement cannot keep up with the lazge number of drnuk drivers. Operation Nightcap provides funds for overtime enforcement during events Irnown to have excess drn�kiug. ADVANTAGESIFAPPROVED No cost of added police presence at a major event with a concentration on drnnk driving enforcement. DISADVANTAGES IF APPROVED � _ _ None apparent. �iEG `�' - _ _ "_�' � " c` �:aw �, ��' DISADVANTAGES IF NOiAPPROVED FE ° -, �d.rtc �-E�' � `J ' Loss of grant funding and added enforcemeqt., �S QFF�CE � R S. (VIHYD �"k+` `}': `��'S ''�� « E _ ;,��' t �i'r i; � ii & �- TOTAL AMOUNT OF TRANSACTION S 3,000.00 GOST/REVENUE BUDGETED (CIRCLE ONE) e � YES NO ' Na'�i3. .�cvs��i::'e °.� FUNDING SOURCE $Y3t0 Of MN DOpeiCllleIIt Of PI117�IC r uaf0l}� ACTIVITY NUMBER C7edlt 0� �04100 �� ➢�a� FINANCIAL INFORMATION (EXPLAIN) grsheet Accountinq Information: Agency: P07 � �� STATE OF MINNESOTA GRANT CONTRACT �OI_`�� Fiscal Year. 1999 Vendor Number. 066790002-00 Total Amount of Contract: $3.000.00 Commodity Code: Object Code: 5800 Accounting Distribution 1 Fund: 300 Appr: 539 OrglSu6: 5153 Rept Cat: 1408 Amount: $3.000.00 Commodity Code: Object Code: J Amount of Contract First FY: $3.040.00 Accounting Distribution 2: Fund: Appr: _ OrglSub: Rept Cat: Amount: Processina Information: (some entries may not apply) Requisition: 5000-493/ ! Order: number/date/entry initials Commodity Code: Object Code: _ Accounting Distribution 3: Fund: Appr. _ Org/Sub: Rept Cat: JAN �-3 1999 (Individual signing ce�tifies that funds have been encumbered as requi�ed by MS § 16A15J NOTICE TO GRANTEE: You are required by Minnesota Statutes, section 270.66 to provide your sociai security number os federal employee identification number and Minnesota tax identification number if you do business with the State of Minnesota. This information may be used in the enforcement of federal and state tax laws. Suppiying these numbers could result in action to require you to file state tax returns and pay deiinquent state tax liabilities. This prant contract will not be approved unless these numbers are provided. These numbers will be availabie to federal and state tax authorities and state personnel invoNed in approving the grant contract and the payment of state obligations. / Grantee Name and Address: Citv of St. Paul. Police Department Traffic & Accident Unit - 100 E 11th St St. Paul MN 55101 Social Security or Federat Employec I.D. No. Minnesota Tax I.D. No. (jf applicable) THIS PAGE OF THE GRANT CONTRACT CONTAINS PRIVATElNFORMATION. EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED EXTERNALLY WITHOUT EXPRESS WRITTEN PERMISSION OF THE GRAIVTEE. If you circulate this grant contract intemally, oniy offices that require access to the tax identification number AND all individuaisloffices signing this grant contract should have access to this page. �— qg•t��- THlS GRANT GQNTRACT, and amendments and supplements thereto, is between the State of Minnesota, acting through its Department of Public Safetv State Patrol Division (hereinafter °STATE") and City of St. Paul Police Department, address Traffic & Accident Unit - 100 E 11th St St. Paul MN 5510'{ (hereinafter "GRANTEE°), witnesseth that: WHEREAS, the STATE, pursuant to Minnesota Statute 4.075 is empowered to act as the appropriate aqencv responsible for the administration of the state's hiqhwav safietv proaram and consistent with state faw mav contract and cooperate with and act as aqent for state and federal aqencies, political subdtivisions and pub{ic and qrivate oraanizations in order to effectuate the pumoses of the National Hiahwav Safetv Act of 1966 and anv amendments or requlations thereto to the end that available federal monev and other benefits for such aurposes mav be obtained; and WHEREAS, the STATE is in need of countv and local law enforcement aqencies' particioation in an alcohol saturation proqram desiqned to arrest impaired drivers tOoeration NiqhtCAP); and WHEREAS, GR,4NTEE represents that it is du�y qualified and wiqing to perForm the services set forth herein; NOW, THEREFORE, it is agreed: 1. GRANTEE'S DUTfES GRANTEE shail: A. Coordinate alcohol saturation events with the STATE's district authorized representative (see Ctause VI of this grant contract) during the period October 1, 1998 through September 30, 1999. Saturation events shall include, but are not limited to: 1. Saturation on December 19, 1998, providing upto four (4) deputies. 2. St. Patrick's Day Saturation on March 17, 1999, providing upto four (4) deputies. B. Assist the STATE's district autnorized representative in identifying qualified law enforcement o�cers within GRANTEE's agency who have a demonstrated proficiency and interest in arres6ng impaired drivers, and who will be active participants in this program. Afi law enforcement o�cers participating in this program shall be licensed as provided by law. C. Provide a list of eligible faw enforcement officers who may partic+pate in this program with their overtime rate of pay, including fringe benefits, on "Personnel Roster' labeled Attachment A of this grant contract, which is hereby incorporated by reference and made a part of this grant contract. Reimbursement wiil be made oniy for hours worked above and beyond regular duty shifts, D. Review GRANTEE's Officer Activiky Reports and Daily Activity Logs (samples attached) to verify work efficiency by those officers woricing the saturations; officers unwilling or unabie to diligently pursue impaired drivers cannot be allowed to work subseque�t saturation events and GRANTEE wiii worlc with the STATE's district authorized representative to replace such officers with qualified officers. E. Complete and submit ali required paperwork foilowing each saturation event including, but not limited to, Offcer Activity Reporfs and Invoices to the STA7E's district authorized representative within seven (7) working days following each saturation event. Mmnesota DepaRment oi PubLc Safery, State Patrol Drvision - Opemtion NightCAP Grant Contract page 1 q9-1`ta- F. Coardinate and participate in public information and media efFarts with the STATE's district authorized representative as a part of each saturation event. G. GRAfVTEE acknowledges that a11 lavu enforcement officers participating in this program are Standard Field Sobriety Testing (SFS7) trained. GRANTEE must provide proof of training for each officer not currenUy qualified before such o�cer(s) will be aliowed to participate in the program. H. GRANTEE shall provide for all operating costs including, but not limited to, maintenance and repairs of squad cars used in performance of this grant contract and shall provide all necessary insurance for them. GRANTEE law enforcement officers, while on duty under this grant contract, are employees of the GRAiVTEE and not employees of the STATE or FederaV govemment. CONSIDERATION AND TERMS OF PAYMEN7 A. Consideration for all services performed by GRANTEE pursua�t to this grant contract shall be reimbursed by the STATE as follows: 1. Reimbursernent shail be made to GRANTEE for officer overtime rates, including fringe benefits, incurred in providing services pursuant to Clause I of this grant contract_ This reimbursement shall be at the overtime rate stated for each officer as stated on Attachment A of this grant contract, and shall not exceed the total amount of this grant contract. 2. Reimbursement will be made oniy for hours worked over and above regular duty shifts. 3. Reimbursement for travel and subsistence expenses actuaily and necessarily incurred by GRANTEE in perfortnance of this grant contract in an amount noi to exceed Zero Dollars ($0.00); provided, that GRAN7EE shall be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Non-managerial Unrepresented Employees Plan" promulgated by the Commissioner of Emp{oyee Relations. GRANTEE sha4t not be reimbursed for trave{ and subsistence expense incurred outside the State of Minnesota unless it has received prior written approval for such out of state travel from the STATE. No reimbursement shall be made for salary costs incurred in traveling to and from saturation events. The total obligation of the STATE for all reimbursements to GRANTEE for participation in this program shail not exceed Three Thousand Dollars l$3,000.00). B. Terms of Pavment. 1. Payments shaf{ be made by the STATE promptly after GRANTEE's presentation of invoices for services performed and acceptance of such services by the STATE's authorized representative pursuant to Clause VI of this grant contract. Invoices shall be submitted in a form prescribed by the STATE and according to the foflowing schedule: GRANTEE shall invoice the STATE using the invoice form (sample attached) within seven (� working days following each saturation event. Invoices are to be submitted directly to the STATE's district authorized representative. Minnesota DepartmeM of Public Safety, State Patrol Division - Operation NigMCAP Grent Cont2ct Page 2 c�q -t`i2- 2. Final claim for reimbursement must be submitted no Iater than October 30, 1999. 3. 7he STATE shail reimburse GRANTEE only afiter costs have been incurred by GRANTEE. A0 invoices for reimbursement must be supported by written documentafio� incfuding, but not timited to, the O�cer Activity Reports (sample attached). 4. (When applicabie) Payments are to be made from federal funds obtained by the STATE through the Nationai Hiqhwav Safetv Act ofi 1966 (Public Law 89_564) and amendments thereto. if, at any time, such funds become unavai{able, this grant contract shall be terminated immediatety upon written notice of such fact by the STATE to the GRANTEE. In the event of such termination, GRANTEE shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 5. There will be no holiday pay. III. CONDITION OF PAYMENT All services provided by GRANTEE pursuant to this grant contract shall be performed to the satisfaction of the STATE, as determined at the sole discretion of its authorized representative, and in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. GRANTEE shall not receive payment for work found by the STATE to be unsatisfactory, or performed in violation of federal, state or locai law, ordinance, rule or regulation. IV. TERMS OF CONTRACT This grant contract shall be effective on October 1. 1998, or upon the date that the final required signature is obtained by the S7ATE, pursuant to MS § 16C.05, subd. 2, whichever occurs later, and shall remain in effect until September 30, 1999, or until ail obligations set forth in this grant contract have been satisfactori{y fulfilled, whichever occurs first. V. CANCELLATION This grant contract may be canceled by the STATE or GRANTEE at any • time, with or without cause, upon thirty (30) days written notice to the other party. In the event of such a cancetiation, GRANTEE shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. VI. STATE'S AUTHORIZED REPRESENTATIVES The STATE's authorized representative for the purposes of administration of this grant contract is Debbie Lanoux. Federai Proiects Coordinator. Minnesota State Patroi, telephone number 651-297-1748, or her successor in o�ce. Such represeniative shall have authority for acceptance of GRANTEE's services and, ifi such services are accepted as satisfactory, shal{ so certify on each invoice submitted pursuant to Clause ll, paragraph B. The STATE's district authorized representative for the purposes of coordinating the alcohol saturation events of this grant contract is Lt. Jav Swanson, telephone number 651-779-5908, or their successor in office. Such repres_errtative shali be responsible for schedufing saturations and ensuring STATE supervision is present at each enforcement event, as welf as identifying qualified state patrol, county and locai law enforcement partners to be irnolved in each saturation. Minnesota Department of Public Safety, State Patrol Division - Operation NightCAP Grant Contract Page 3 �l9•t`l� VII. GRANTEE'S AUTHORIZED REPRESENTATIVES The GR,4NTEE's authorized representative for fhe purposes of adminisVation of this grant contract is Spt. Carl Schwanbeck, te{ephone number 651-292-3725. The GRANTEE's authorized representative shail have full authority to represent GRANTEE in its fulfifiment of the term, canditian a�d requirements of this grant contract. VIII. ASSIGNMENT GR,4NTEE shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the STATE. IX. AMENDMENTS Any amendments to this grant contract shall be in writing, and shall be executed by the same parties who executed the originai grant contract, or their successors in office. X. LIASILITY GRANTEE agrees to indemnify and save and hoid the STATE, its authorized representatives and employees harmless from any and all claims or causes of action, including ail attomeys' fees incurred by the STATE, arising from the performance of this grant contract by GRANTEE or GRANTEE's agents or empioyees. This clause shall not be construed to bar any legal remedies GRANTEE may have for the STATE's failure to fulfill its obiigations pursuant to this grant contract. Xi. STATE AUDITS The books, records, documents and accounting procedures and practices of the GRANTEE relevant to this grant contract shafl be subject to examination by the contracting department and the Legislative Auditor. XII. DATA PRACTICES ACT The GRANTEE agrees to comply with the Minnesota Data Practices Act as it appfies to a{I data provided by the STATE in accordance with this grant contrac# and as it applies to all data created, gathered, generated or acquired in accordance with this grant contract. XIII. OWNERSNIP OF MATER{ALS AND INTELLECTUAL PROPERTY RIGHTS A. The STATE shail own ali rights, title and interest in ail of the materials conceived or created by the GRANTEE, or its employees or subgrantees, either individually orjointiy with others and which arise out of the pertormance of this grant contract, including any inventions, reports, studies, designs, drawings, specifications, notes, docume�ts, software and documentation, computer-based training modules, electronicaliy, magneticafly or digitaily recorded material and other work in whatever form (hereinafter "the MATERIALS"). The GRANTEE hereby assigns to the STATE a!l rights, title and interest to the MATERIALS. GRANTEE shall, upon request of the STATE, execute aif papers and perform all other acts necessary to assist the STATE to o6tain and register copyrights, patents or other forms of protection provided by law for the MATERtALS. The MATERIALS created under this grant contract by the GRANTEE, its employees or subcontractors, individuaily orjoinily with otflers, shafl be considered `bvorks made fior hire" as defined by the U.S. Copyright Act. Ali of the MATERIALS, whether in paper, electranic or other form, shall be remitted to the STATE by the GRANTEE, its empioyees and any subcontrac#ors, shall not copy, reproduce, allow or cause to have the MATERIALS copied, reproduced or used for any purpose other than performance of the GRANTEE's obligations under this grant contract without the prior wtitten consent o4 the STATE's authorized representative, Minnesota Department of Public Safety, SYate Patro� Division - Operetion NightCAP Grant Contract Page 4 R9 - I�a- B. GRANTEE represents and warrants that MATERtALS produced or used under this grant contract do not and will not infinge upon any inteilectuai property rights of another, inc{uding but not limited to patents, copyrights, trade secrets, trade names and service marks and names. GRANTEE wili indemnify and defiend the STATE at GR,4NTEE's expense from any action or ciaim brought against the STATE to the extent that it is based on a claim that aIi or part of the MATERIALS infringe upon the intellectual property rights of another. GRANTEE shall be responsible for payment of any and aii such claims, demand, obligations, liabilities, costs and damages including, but not 4imited to, reasonable attomey fees arising out of this grant contract, amendments and suppfements thereto, which are attributable to such ciaims or actions. If such a claim or action arises, or in GRANTEE's or the STATE's opinion is likely to arise, GRANTEE shali, at the STATE's discretion, either procure 4or the STATE the right or ficense to continue using the MAl"ERIALS at issue or replace or modify the allegedly infringing MATERIALS. This remedy shall be in addition to and shall not be exclusive to other remedies provided by law. XIV. PUBLICITY Any publicity given to the program, pubiications or services provided resulting from this grant contract including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs and similar public notices prepared by or for the GRANTEE or its employees, individually orjointly with others or any subcontractors, shall identify the STATE as the sponsoring agency and shall not be released, uniess such release is a specific part of an approved workplan inctuded in this grant contract prior to its approval by the STATE's authorized representative. XV. AFFIRMATIVE ACTION (When applicable) GRANTEE certifies that it has received a certificate of compiiance from the Commissioner of Human Rights pursuant to Minnesota Statutes, Section 363.�73. It is hereby agreed between the parties that Minnesota Statutes, Section 363.073 is incorporated into this grant contract by reference. XVI. WORKERS' COMPENSATION In accordance with the provisions of Minnesota Statutes, Section 176.182, the STATE affirms that GRANTEE has provided acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes, Section'176.181, subd. 2. XVII. ANTITRUST GRANTEE hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this grant contract resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust {aws of the State of Minnesota. XVIII. JURiSDICTION AND VENUE This grant contract, and amendments and supplements thereto, shall be govemed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this grant contract, or breach thereof, shail be in the state or federai court with competent jurisdiction in Ramsey County, Minnesota. XIX. OTHER PROVISIONS A. GRANTEE must comply with the Federal Audit Requirements as stated in Attachment B of this grant contract, which is hereby incorporated by reference and made a part of this grant contract. Minnesota DepadmeM of Public Safery, State Patroi Division - Operation NightCAP G2M Contract Page 5 �� IN WITNESS WHEREOF, the parties have caused this grant contract to be duly executed intending to be bound thereby. APPROVED: 1. GRASVTEE: GRANTEE certifies that the appropriate person(s) have executed the grant contract on behalf of the GRANTEE as required by applicable articies, by-laws, resolutions or ordinances �� Tit1e: Date 2. S By: Title Date Distribution: Agency - Original contract(futfy executed) Grantee State Authorized Representative � �{ �r 5c h.r�w' 2 . 5 t',� ;E�;:. ` ;+�� . , , _.. A3�t. �'siy sni�C: �3�y Minnesota Depadment of PuWic Safery, State Patro! Division - OperaUon NightCAP Grant Contrect Nage ci ��.�io,i�7� 19:26 � �7 �►'r��r�lle� ST PAUL POLICE DEPT PAGE 03 �... �� .. � �� . vv. VJ At�achment A � Personne Ros�er O7 FRtN�E HOURLY HQUftLY BENEFtT O�F3CEI2 NAME BAOGE # FZATE RATE" RATE"' .5' uJ" � A-,e�- %3 xB,iS � Z. z� .z',! .�° v 7" . - q.� zz.� 3. 2 � r,�J "W � Gs z. • 3 -g .�. � x--' zz. i 3 3. a/ ' Gompiete evcn if the same as Haudy Rate "' Fringe �enefit Rate UR £M �ri�' Br�akdOwn: t{1d��m A�n s �nP �,,. t ��.�+s R��E��s �f JE�EnG � � �% � ir ; �� 5.31�7% �,� Y� % �de.� Pu(. aClr f' �°la 'j. 0 71e % � T�A /11 f � Cd /z .� °Ja �. 7.sc� % � % °lo Attachment B '�� Q G�. �EDERAt AUDIT REQUfREMENTS For subrecip9ents who are state (includes Indian tribes) or local govemments If the grantee receives totai direct and indirect federal assistance of: "` Equal to or in excess of $3�0,000 or more per year, the grantee agrees to obtain a financiai and compiiance audit made in accordance with the Singie Audit Act of 1984 (Public Law 98-502) and the federai Office of Management and Budget (OMB) CircularA-133. The law and circular provide that the audit shail cover the entire operations of the grantee govemment or, at the option of the grantee govemment, it may cover departments, agencies or establishments that received, expended or otherwise administered federal financial assistance during the year. Audits shall be made annua{ly uniess the State or local govemment has, by January 1, 1987, a constitutional or statutory requiremeni for less frequent audits. For ihose govemments, the cognizant agency shall permit biennial audits, covering both years, if the govemment so requests. lt shail also honor requests for biennia! audits by govemments that have an administrative policy calling for audits less frequent than annual, but only for fiscal years beginning before January 1, 1987. 2. For subrecipients who are institutions of higher education, hospitals or other nonprofit organizations If the grantee receives total direct and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtain a financiat and compiiance audit made in accordance with OMB Circular A-133. The audit must be an organization-wide aud'ft, uniess it is a coordinated audit in accordance with OMB Circular A-133. However, when the $300,000 or more was received under only one program, the subrecipient may have an audit of that one program. Audits shall usually be made annually, but not less frequent than every two (2) years. 3. All audits shall be made 6y an independent auditor. An independent auditor is a state or {ocal govemment auditor or a public accountant who meets the independence standards specified in the General Accounting Office's Standards for Audit of Govemmental Orqanizations. Proqrams. Activities and Functions. 4. Audit reports shall state that the audit was performed in accordance with the provisions of OMB Circular A-133, as appticable. The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on Audited Financiai Statements" or SAS 62, "Special Reports," as applicable. Aftachment B The reporting requirements for audit reports on compliance and intemal confrols shall be in accordance with AICPA'S SAS 63, "Compliance Auditing Appl+cable to Govemmental Entities and Other Recipients of Govemmenfai Financia( Assisfance" and Statement of Position (SOP) 89-6, "Auditors' Reports in Audits of State and Local Govemmental Units." In addition to the audif report, the recipient sha(f provide comments on tF�e findings and recommendations in the report, including a plan for corrective action taken or pianned and comments on the status of correcYive action taken on prior findi�gs. If corrective action is not necessary, a statement describing the reason it is not should accompany fhe audif reporf. 5. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor and any independent auditor designated by the grantor sha(I have such access fo granfee's records and financial statements as may be necessary for the grantor to comply with the Single Audit Act and OMB Circular A133, as applicabie. 6. Granfees of federaf financial assistance from subrecipients are also required to compiy with the Single Audit Act and the OMB Circular A-133, as applicable. 7. The grantee agrees to retain documentation to support the schedule of federai assistance. 8. Required audit reports must be 5led with the Office of the State Auditor, Single Audit Division and with the Department of Public Safety within �fiirty (30} days afEer the completion of the audit, but no later than one (1) year after the end of the audit period. The Department of Pubi+c Safety's audit report should be addressed to: Minnesota Department of Public Safety O�ce of Fisca! and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul, MN 55101-5126 9. Recipienfs of more than $300,000 in federaf funds are to submit one (1) copy of the audit report within thirty (30) days after issuance Yo the clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jefferson, Indiana 47132 Attn.: Single Audit Clearinghouse 2 SAFE� CAP OFFICER ACTIVITY REPORT ACT{VITY Total Number of Arrests/Citations Issued °�� Operation NightCAP Activity Time Vehicle Vehicte (W)arning/ Reason/Code License Make (C)itation/ # (Ajrrest � ��.�m� ��trC�� Invoice > f � � �:z� � � �;� n� �>. - 1tPFft 1l � CaNA�fRES �* ��' � � � � <, � � � � �,s � �„� � �:. t , .,9,. , �.. ._�: . . r�.,�,n„�.. :,�s .�.��.,/E F.,T. . ..,_.� . , P.,�.,. ��; � �� ,�., County or City Authorized Rep. Date District Authorized Rep. Date Federal Projects Director Date REMIT TO: OPERATtON NIGHTCAP COORDINATOR MINNESOTA STATE PATROL - 2400 3489 HADLEYAVE N OAKDALE MN 55125 PHONE: (612) 77g-5908 FAX: (612)779-5925 (Attach a copy of all related Officer Activity Reports)