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00-370ORIGfNAL Presented By: Council File # Green Sheet # RESOLUTION OF SAI1V"� PAUL, MINNESOTA �°-�� 104611 Referred To: Committee:Date: 19 1 WHEREAS, the Saint Paul Police Department has received an 5800 Operation Nightcap graut from the 2 Minnesuta Department of Public Safety for traffic enforcement on March 17, 2��0. 3 4 WAEREAS, the Department of Public Safety requests a designated authority for the execution of grant 5 agreements, and 6 7 RESOLVED, that the Saint Paul City Council accept this grant award for 5800 and authorizes 8 Chief W illiam Finney to enter into an agreement with the Minnesota Department of Public Safety. 9 10 11 12 13 14 15 lb 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Requested by Department of: B/akey BOS}/O/YJ Adopted by Council: Date: Certified by Council Poli By: ✓� Form ro ed by ' y Attorney: By: � By: Approve by ayor: Date: %�y7 Z�j Approved by Mayor for Submission to Council: /� �/( �� BY� �C/11/ BS'� n��YuP Opera no n Ni g ht Cp-2000c r. xls 03/29/2000 I GREEN SHEET ruo. 104611 292-3588 TOTAL # OF SIGNATURE PAGES REQUESTED 1 �CrtYATTOPNEY� �CIERK � • �� ❑FBlFt�MLSERVICE501R_ ❑FlNAtICVJ.SERV/ALC�G �MAWR(ORASSISTFM)��` ❑HUMANWGHTS (CLIP ALL LOCATIONS FOR SIGNATURE) Signatures requested on the attached Council Resolution accepting a$800 Operation Nightcap Grant from the Minnesota Department of Public Safery for traffic enforcement on March 17, 2000. 1. Has ihis persoNflrtn ever worked under a coniract (or this depatlment? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this personMrm ever been a ary employee? CIVILSERVICECOMMISSION � vES No ,F 3. Does [his person/firm possess a sluli not nortnally possessetl by any current cRy employee� YES NO 4. Is this persoNfirm a targeted vendoY.� ' YES NO Explein all yes answers on separate sheel and aHach to green shee� 0 The Nightcap grant provides funds for dmnk dtiving traffic enforcement during St. Patrick's Day. (Attached is a wpy of the gzant agreement) Additional funds for traffic enforcement on St. Patrick's Day. -- 1: y '' � �� , None. IF NOT APPROVED Loss of grant funding. IOUNT OF TRANSACTION $ 800.00 sourxce State of M1V, Department of Pubhc Safety _ INFORMATION (EXPLAIN) _ .. .. �_ _ _ _ - ��:� y �, ��u�c€I Res2a�ch Ge�Q2r pdi�� % � L�QU GOST/REVENUEBUDGETED(CIRCLEONE) YES NO ACTIVITY NUMBER credit 001-04100 e 00 -3'70 � Accounting Information: Agency: P07 STATE OF MINNESOTA � � �� .. , GRANT CONTRACT t ' Fiscal Year: : 2000 Vendor Number: 066790002-00 Total Amount of Contraci: $800.00 , Amount of Contract First FY: $800.00 Commodity Code: Gommodity Code: Commodity Code: ( � h, t ��Q. ,5gpp Object Code: Object Cade: . .t'?'YU, ' " �r�,�+atattls3r-�str�w#a�ra.. Fund: 300 Appr: 530 Org/Sub: 5153 Rept Cat: 1408 Amount: $800.00 Accountin,g Distribution 2: Fund: Appr: Org/Sub: Rept Cat: Amount: Processing Information: (some entries may not apply) Accounting Distribution 3: Fund: Appr: Org/Sub: Rept Cat: Amount: Requisition: 5000-801 / 3-16-00 / Im Order: 5000-1219 / / number/date/entry initials number/date/entry initials (Individual signing certifies that funds have been encumbered as required by Minn. Statute 16A15 and Statute 16C.05) NOTICE TO GRANTEE: You are required by Minnesota Statutes, section 270.66 to provide your sociai security number or federal employee identification number and Minnesota tax identification number if you do business with the State of Minnesota. 7his information may be used in the enforcement of federal and state tax laws. Supplying these numbers could result in action to require you to file state tax returns and pay delinquent state tax iiabilities. This qrant contract wili not be approved unless these numbers are provided. These numbers will be avaifabie to federal and state tax authorities and state personnei mvolved m approv�ng the grant contract and the payment of state ob4igations. Grantee Name and Address: City of St. Paul, Police 100 E Eleventh St St. Paul MN 55101 Social Security or Federal Employer I.D. No. Minnesota Tax I.D. No. (if apQlicable) THIS PAGE OF THE GRANT CONTRACT CONTAINS PRIVATE INFORMATION. EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED EXTERN,4LLY � WITHOUT EXPRESS WRITTEN PERMISSION OF THE GRANTEE. If you circulate this grant contract internaliy, only offces that require access to the tax identification number AND all individuals/offices signing this grant contract should have access to this page. a o -3h � THtS GRAIVT CONTRACT, and amendmenfs and supplements thereto, is between the State of Minnesota, acting fhrough its Department of Public Safety State Patrol Division (hereinafter "STA i E"} and the City of St. Paui Police Department, address 100 E Efeventh St, St.Pau! MN 551�1 (hereinafter "GRAfVTEE"), witnesseth that: WHEREAS, the STATE, pursuant to Minnesota Statute �,�+o �„P.,�� PCn�nsible for the admin+stration of the sta of the with Safietv Act of 1966 is empowered to act as the and act as agent tor state ana �CUC� a� �izations in order to effectuate the purF ments or requlations thereto fo the end �s mav be obtained; and U�Lf�EREAS, 4tie STATE is in need ofi county arid focal iaw erifiorcemenf agen�ies' participaYiori in ' _ • �a . tG,qP- -a�zd an alconef saturation,pro�ram d�stgned'to arrestimpairet��dri�rers��tro 'd�1a�a �r, WHEf2EAS, GRANTEE represents that it is duly qualified and wiffing to perform the services set forth herein; NOW, THEREFORE, it is agreed: GRANTEE'S DUT(ES GRANTEE shall: A. Coordinate alcohol saturation events with the STATE's district authorized representative (see Clause VI of this grant contract) during the period October 1, 1999 through September 30, 2000. Saturation events shall include, but are not limited to: 1. St. Patrick's Day Saturatiori on March 17, 2000, providing up to two (2) officers. B. Assist the STATE's district authorized representative in identifiying qualified faw enforcement officers within GRANTEE's agency who have a demonstrated proficiency and interest in arresti�g impaired drivers, and who will be active participants in this program. All law enforcement officers participating in this program shall be ticensed as provided by law. C. � E F Provide a 4ist of e{igible law enforcement officers who may participate 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 will be made only for hours worked above and beyond regufar duty shifts. Review GRANTEE's Officer Activity Reports and Daily Activity l.ogs (samples attached) to verify work efficiency by those officers working the saturations; officers unwilling or unable to diligently pursue impaired drivers cannot be allowed to work subsequent saturation events and GRANTEE will work with the STATE's district authorized representative to replace such officers with quafified officers. Compiete and submit all required papenvork following each saturation event including, but not limited to, Officer Activity Reports and Invoices to the STATE's district authorized representat+ve within seven (7) working days following each saturation event. Coordinate and participate in public information and media efforts with the STATE's district authorized representative as a part of each saturation event. Department of Public Safety, State Patrol ao -3 �1 a G. GRANTEE acknowledges that a11 faw enforcement officers participating in this program are Standard Field Sobriety Testing:(SFST) trained. GRANTEE must provide proof of training for each officer nof currently qualified before such officer(s) will be allowed to parficipate in the program. ki. GRANTEE shall provide for afl operating costs including, but not limited to, maintenance and repairs of squad cars used in pe .rformance of this grant contract and shall provide all necessary insurance for them., : � . � ;,,.,��,g,�;TG��a�,r.Q.��se�?ent�ffacers, vrhils on duty under this grant contract, are employees `' ��Y>`'fi�e'�3r`�kikr''��'=a3��t�y�o�r�tb'� ii:' 'COi351��RP,`i'9t�N�ki3D�''Ef2fo184 A. Consideration for aIl services performed by GRANTEE pursuant to this grant contract shail be reimbursed by the STATE as follows: 1. Reimbursement shall 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 o�cer as stated on Attachment A of this grant contract, and shall not exceed the total amount of this grant contract. 2. Reimbursement wiif be made,onfy for,hours worked over and above regular duty shifts. 3. Reimbursement for travel�and subsistence expenses actually and necessarily incurred by GRANTEE in performance of this grant contract in an amount not to exceed Zero pollars ($0.00); provided, that_GRANTEE 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" promuigated by the Commissioner of Employee Relations. GRANTEE shall not be reimbursed for travel 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. 7he total obligation of tfie STAT,E for a!! reimbursements to GRANTEE for participation in this program shall not exceed E�ht Hundred Dollars ($800.00). B. Terms of Payment. 1. Payments shall 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 Ciause V1 of this �rant contract. Invoices shall be submitted in a form prescribed by the STATE and according to the following schedule: GRANTEE shall invoice the STA7E using the invoice form (sample attached) within seven (7) working days (ollowing each saturation event. 4nvoices are to be submitted directfy to the STATE's district authorized representative. 2. �inal claim for reimbursement must be submitted no later than October 30, 2000. Minnesota Department of Pubtic Saiety, State Patrol Division - Operation NightCAP Grant Contrac r aa., � � o �?e :: , :. , 3. The STATE shall reimburse GRANTEE only after costs have been incurred by GRANTEE. All invoices for reimbursement must be supported by written documentation inc{uding, but not limited to,,the O�cer Acfivity Reports (sample attached). 4. (When applicable) Paymenfs=are to be made from federal funds obtained by the STATE through the National Hi hwa Safet Act of 1966 (Pubiic Law 89-564) and amendments thereto. if, at any time, such funds become unavailable, this grant contract shall be term+nated immediately 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 -��,��,#�,�s;s,fi�r-s�arices�ts.s#a.ctnril,.y �Qrformed. � ^� �. �k�Y- IIi. CONDITION OF PAYMENT All services provided by GRANTEE purs�ant 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 tocal law, ordinance, rule or regulation. IV. TERMS OF CONTRACT This grant cbntract shall be effective on October 1, 199� or upon the date that the final required signature:is.obtained by the STATE, pursuant to Minn. Statute 16C.05, subd. 2, whichever occurs.later, and shall remain in efFect untii Se tember 30, 2000, or until ali obligations set forth in this grant contract have been satisfactorily fulfilled, whichever occurs first. _ V VI 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 cancellation, GRANTEE shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. STATE'S AUTHORIZED REPRESENTATIVES The STATE's authorized representative for the purposes of administration of this grant contract is Debbie Lanoux Federai Projects Coordinator, Minnesota State Patrol, telephone number 651-297-174$ or her successor in office. Such representative shall have authority for acceptance of GRANTEE's services and, if such services are accepted as satisfactory, shall so certify on each invace submitted pursuant to Clause 11, paragraph B. The STATE's district authorized representative for the purposes of coordinating the alcohol saturation events of this grant contract:is Lt. Bob Maskei, telephone number 651/779-5913 or their successor in office. Such representative shall be responsible for scheduling saturations and ensuring STATE supervision is present at each enforcement event, as well as identifying qualified state patrol, county and local law enforcement partners to be involved in each saturation. � VII. GRANTEE'S AUTHORIZED REPRESENTATIVES The GRANTEE's authorized representative for the purposes of administration of this grant contract is Thomas Schmid telephone number 651/292-3725. The GRAN7EE's authorized representative shall have fulf authority to represent GRANTEE in its fulfillment of the term, condition and requirements of this grant contract. ' � � "' ` Department of Public Safety, State Patrol Divi�sion - Operation Grant Contract ' "'"' Oo-3�1� Vtll. ASStGNMENT GRANTEE 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 original grant contract, or their successors in a�ce. X. LIABILITY 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, inc(uding _�,,� from the performance of this grant contract by � �,�' �s'��Y��c's-c�err'c�`�� m�l�y�cs.: :�t�s:=.sFato-sa sFaal4�agt �ie;conE23�cret3 Yo'bar any ^�9ega�l�r�a�r#ses��l��aa�e3+��~��ure.to fulfill its obligations pursuant to `Cfiis �grerit �ontract. XI. STATE AUDITS The books, records, docu'ments and accounting procedures and practices of the GRANTEE relevant to this grant contract shall be subject to examination by the contracting department and the Legislative Auditor for a minimum of six years from the end date of this agreement. '� �. ;.;;;,,;, XII. GOVERNMENT DATA PRACTiCES ACT The GRANTEE must comply w+th the Minnesota Government Data Practices Act, �Mintiesota Statute, Chapter 13, as it applies to all data provided by the STATE in accordance with this Agreement and as it applies to all data created, collected, received, stored,; used, maintained or disseminated by the GRANTEE in accordance with this Agreement. The civil remedies of Minnesota Statutes Section 13.08 appiy to the refease of the data referred to in this Article by either the GRANTEE or the STATE. in the event the GRANTEE receives �a request to release the data referred to in this Article, the GRANTEE must immediately notify the STATE. The STATE will give the GRANTEE instructions concerning the release of the data to the requesting party before the data is released. XIII. OWNERSHIP OF MATERIALS AND fNTELLECTUAt PROPERTY RIGHTS A. The S7ATE shalf own alf rights,.title and interest in all of the materials conceived or created by the GRANTEE, or its employees or subgrantees, either individually orjointly with oihers and which arise out of the performance of this grant contract, including any inventions, reports, studies, designs, drawirigs,%specifications, notes, documents, software and documentation, computer-based training modules, e{ectronically, magnetically or digitally recorded material and otfier work in whatever form (hereinafter "the MATERIALS"). The GRANTEE hereby assigns to the STATE all rights, title and interest to the MATERIALS. GRANTEE shail, upon request of the STATE, execute all papers and perform all other acts necessary to assist the STATE`to obtain and register copyrights, patents or other forms of protection provided by {aw for the MATERIALS. 7he•MATERIALS created under this grant contract by the GRANTEE, its employees or subcontractors, individually orjointly with others, shall be considered "works made"for hire" as defined by the U.S. Copyright Act. Afl of the MATERIALS, whether in paper, electronic or other form, shall be remitted to the STATE by the GRANTEE, its employees and any subcontractors, shafl not copy, reproduce, allow or cause to have the MATERIALS copied, reproduced or used for any purpose other than performance of the GRANTEE's obiigations under this grant contract without the prior written consent of the STATE's authorized representative. Minnesota Department of Public Safery, State Patrol Division, - Operation � oy., � --- 0o•3?,b B. GRANTEE represents and war"rants that MATERIALS produced or used under this grant contract do not and will not infringe upon any inteilectual property rights of another, including but not limifed to patents, copyrights, trade secrets, trade names and service marks and _ names. GRANTEE wi{i indemnify and defend the STATE at GRANTEE's expense from any action or claim brought against the STATE to the extent that it is based on a claim that all or part of the MATERIALS infringe upon the intellectual property rights of another. GRANTEE shall be responsible for payment of any and all such ciaims, demand, obiigations, iiabilities, costs and damages including, but not limited to, reasonable attorney fees ar+sing out of this grant contract, amendments and supplements thereto, which are attributabie to such claims - -.Y�.�:�.r,^�. �.�� or.khe,8TA7E's opinion is likefy to arise, �{�'fi➢T�E�sh�ii; �t'the'S�i��'�E'�°�d�scretatsn, �#i�er�q�r�oc�re<for the �TATE the right or license to continue using the MATEf21ALS 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, publications or services provided resulting from this grant coniract inciuding, but not fimited to, notices, informational pamphlets, press releases, research, reports, signs and similar pub(ic notices prepared by or for the GRANTEE or its employees, individually or jointly with others or any subcontractors, shall identify the STATE as the sponsoring agency and shall not be released, unless such release is a specifiic part of an approved workplan included in this grant contract prior to its approvai by the STATE's authorized representative. XV. AFFIRMATtVE ACTION (When applicable) GRANTEE certifies that it has received a certificate of compliance from the Commissioner of Human Rights pursuant to Minnesota Staiutes, Section 363.073. it is hereby agreed between the parties that Minnesota Statutes, Section 363.073 is incorporated into this grant contract by reference. XVI. WOF2KERS' GOMPENSATION 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. XVIf. 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 laws of the State of Minnesota. XVIII. JURISDICTION AND VENUE This grant contract, and amendments and supplements thereto, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings erising out of this grant contract, or breach thereof, shall be in the state or fiederai court with compete�t 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 Department of Public Safety, State Patrol Division - Operahon NightCAP Vrant c.ontract rage ' <;; IN WITNESS WHEREOF, the parties have caused this grant contract to be duly executed intending to be bound thereby. APPROVED: 1. GRANTEE: aa-3�a GRANTEE certifies that the appropriate person(s) k;�u�,��c•a.s�,:k� cn�±r�.f��.e4�.aif.r�f #he � t��f+ik�a cc �s_,,re��rzd;�-a}'�i�h1��:��ii>�" .. ��a�vs, �re�{u�ians�er�rd+saara�es � Print Name Signature Tit1e: Date: 2. STATE AGENCY: By: (authorized signature) - - Title: Chiefi Date: Distribution: Agency - Original contract(fully executed) Grantee State Authorized Representative Safety, State Patrol Division - Grant Contract � oa.... �MAR-16-260a 13�41 Operation NiahtCAP ST PAUL POLICE FLEET 7RRF 651 265 3852 P.03/03 �Attachment R � �� Personnel Roster S�f- p�:� l�� 1,�� IJ�� . - . : .�� '� � � .��r �r� - , . . , ., � �� i�i� �� _�� = r �� i■rii� � � �■� � �� r�� i �� ■�i■�� ■■�� r�i �� ' Completa even if the sams as Hourly Rate "* EringeBenefrtRate 1,��<<s C....p, '3.57h/, Breakdown: P�i;« ?��s;,,,� <.�o. 1 °� % �10 IO o� o� °!o P �C ��a TOTRL P•03 Attachmenl 8 DO -7�l b FEDERAL AUDIT REQUIREMENTS For subrecipients who are state (includes Indian tribes) or local governments If the grantee expends iotaf direct and indirect federal assistance of: *` Equal to or in excess of $300,000 or more per year, the grantee agrees fo obtain a financial and compliance audit made in accordance with the Single Audit Act of 1984,(Public Law 98-502) and the federal Office of Management and Budget _ ,:_,(t�}�1�) Cas .ula_r.A-:t-33._:S'k�e_la�r[.ani��irc�Yiarl�rbvitie iYi�Y'the ��rdiY shali cover�the .eratir,e af.the,�rantee govemment or, at the option of the grantee �veirorne�at;a?�a.ay�,ca�,ar.de�ar#me�:s,.�ge�ade� or<establistamen`ks tt�af r.eceived, expended or otherwise administered federal financial assistance during fhe year. Aud'+ts shal( be made annually unless the State or local government has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those governments, the cognizant agency shail permit bienniai audits, covering both years, if the government so requests. It sha11 afso honor requests for biennial audits by governments that have an administrative policy calling for audits less frequent than annuai, but oniy for fiscal years beginning before January 1, 1987. 2. For subrecipients who are institutions of higher education, fiospitals or other nonprofit organizations If the grantee sxpends total direct and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtain a financiai and compliance audit made in accordance with OMB Circu{ar A-133. The audit must be an organization-wide audit, unfess it is a coordinated audit in accordance with OMB Circular A-133. However, when the $300,000 or more was expended under only one program, the subrecipient may have an audit of that one program. Audits sha{{ usually be made annually, but not less frequent than every two (2) years. All audits shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independence standards specified in the General Accounting O�ce's Standards for Audit of Governmental .,.......:.,.,+;,,.,� Prnnramc Activities and Functions. Audit reports shall state that the audit was performed in accordance with the provisions of OMB Circular A-133, as applicabfe. 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 Financial Statements" or SAS 62, "Speciai Repo�ts," as applicabie. 00 -3�t 0 SAFE�OSER t� ��LHT .CAP _ OFFIC ACTtVITY REPORT �_ _ _____�.__. ACTIVITY Total Number of Vehides Total Number of Arrests/Citations Issued I 00 -'�Z� g y� �r.. �,r' . : � . 't.�:' =w � -` � � " � ��,�n 4�':',' �'9�+l:�" .. ixi....._.,.s. �.._ . ��'�-�.-� County or City Authorized Rep. Date District Authorized Rep. Date Federal Projects Director Date REMlT TO: Debbie lanoux Federal Projects Coordinator Minnasota State Patrol 444 Cedar Street — Suite 130 St. Paul MN 55101 Fax: 651/296-5937 Operation NightCAP lnvoice ORIGfNAL Presented By: Council File # Green Sheet # RESOLUTION OF SAI1V"� PAUL, MINNESOTA �°-�� 104611 Referred To: Committee:Date: 19 1 WHEREAS, the Saint Paul Police Department has received an 5800 Operation Nightcap graut from the 2 Minnesuta Department of Public Safety for traffic enforcement on March 17, 2��0. 3 4 WAEREAS, the Department of Public Safety requests a designated authority for the execution of grant 5 agreements, and 6 7 RESOLVED, that the Saint Paul City Council accept this grant award for 5800 and authorizes 8 Chief W illiam Finney to enter into an agreement with the Minnesota Department of Public Safety. 9 10 11 12 13 14 15 lb 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Requested by Department of: B/akey BOS}/O/YJ Adopted by Council: Date: Certified by Council Poli By: ✓� Form ro ed by ' y Attorney: By: � By: Approve by ayor: Date: %�y7 Z�j Approved by Mayor for Submission to Council: /� �/( �� BY� �C/11/ BS'� n��YuP Opera no n Ni g ht Cp-2000c r. xls 03/29/2000 I GREEN SHEET ruo. 104611 292-3588 TOTAL # OF SIGNATURE PAGES REQUESTED 1 �CrtYATTOPNEY� �CIERK � • �� ❑FBlFt�MLSERVICE501R_ ❑FlNAtICVJ.SERV/ALC�G �MAWR(ORASSISTFM)��` ❑HUMANWGHTS (CLIP ALL LOCATIONS FOR SIGNATURE) Signatures requested on the attached Council Resolution accepting a$800 Operation Nightcap Grant from the Minnesota Department of Public Safery for traffic enforcement on March 17, 2000. 1. Has ihis persoNflrtn ever worked under a coniract (or this depatlment? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this personMrm ever been a ary employee? CIVILSERVICECOMMISSION � vES No ,F 3. Does [his person/firm possess a sluli not nortnally possessetl by any current cRy employee� YES NO 4. Is this persoNfirm a targeted vendoY.� ' YES NO Explein all yes answers on separate sheel and aHach to green shee� 0 The Nightcap grant provides funds for dmnk dtiving traffic enforcement during St. Patrick's Day. (Attached is a wpy of the gzant agreement) Additional funds for traffic enforcement on St. Patrick's Day. -- 1: y '' � �� , None. IF NOT APPROVED Loss of grant funding. IOUNT OF TRANSACTION $ 800.00 sourxce State of M1V, Department of Pubhc Safety _ INFORMATION (EXPLAIN) _ .. .. �_ _ _ _ - ��:� y �, ��u�c€I Res2a�ch Ge�Q2r pdi�� % � L�QU GOST/REVENUEBUDGETED(CIRCLEONE) YES NO ACTIVITY NUMBER credit 001-04100 e 00 -3'70 � Accounting Information: Agency: P07 STATE OF MINNESOTA � � �� .. , GRANT CONTRACT t ' Fiscal Year: : 2000 Vendor Number: 066790002-00 Total Amount of Contraci: $800.00 , Amount of Contract First FY: $800.00 Commodity Code: Gommodity Code: Commodity Code: ( � h, t ��Q. ,5gpp Object Code: Object Cade: . .t'?'YU, ' " �r�,�+atattls3r-�str�w#a�ra.. Fund: 300 Appr: 530 Org/Sub: 5153 Rept Cat: 1408 Amount: $800.00 Accountin,g Distribution 2: Fund: Appr: Org/Sub: Rept Cat: Amount: Processing Information: (some entries may not apply) Accounting Distribution 3: Fund: Appr: Org/Sub: Rept Cat: Amount: Requisition: 5000-801 / 3-16-00 / Im Order: 5000-1219 / / number/date/entry initials number/date/entry initials (Individual signing certifies that funds have been encumbered as required by Minn. Statute 16A15 and Statute 16C.05) NOTICE TO GRANTEE: You are required by Minnesota Statutes, section 270.66 to provide your sociai security number or federal employee identification number and Minnesota tax identification number if you do business with the State of Minnesota. 7his information may be used in the enforcement of federal and state tax laws. Supplying these numbers could result in action to require you to file state tax returns and pay delinquent state tax iiabilities. This qrant contract wili not be approved unless these numbers are provided. These numbers will be avaifabie to federal and state tax authorities and state personnei mvolved m approv�ng the grant contract and the payment of state ob4igations. Grantee Name and Address: City of St. Paul, Police 100 E Eleventh St St. Paul MN 55101 Social Security or Federal Employer I.D. No. Minnesota Tax I.D. No. (if apQlicable) THIS PAGE OF THE GRANT CONTRACT CONTAINS PRIVATE INFORMATION. EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED EXTERN,4LLY � WITHOUT EXPRESS WRITTEN PERMISSION OF THE GRANTEE. If you circulate this grant contract internaliy, only offces that require access to the tax identification number AND all individuals/offices signing this grant contract should have access to this page. a o -3h � THtS GRAIVT CONTRACT, and amendmenfs and supplements thereto, is between the State of Minnesota, acting fhrough its Department of Public Safety State Patrol Division (hereinafter "STA i E"} and the City of St. Paui Police Department, address 100 E Efeventh St, St.Pau! MN 551�1 (hereinafter "GRAfVTEE"), witnesseth that: WHEREAS, the STATE, pursuant to Minnesota Statute �,�+o �„P.,�� PCn�nsible for the admin+stration of the sta of the with Safietv Act of 1966 is empowered to act as the and act as agent tor state ana �CUC� a� �izations in order to effectuate the purF ments or requlations thereto fo the end �s mav be obtained; and U�Lf�EREAS, 4tie STATE is in need ofi county arid focal iaw erifiorcemenf agen�ies' participaYiori in ' _ • �a . tG,qP- -a�zd an alconef saturation,pro�ram d�stgned'to arrestimpairet��dri�rers��tro 'd�1a�a �r, WHEf2EAS, GRANTEE represents that it is duly qualified and wiffing to perform the services set forth herein; NOW, THEREFORE, it is agreed: GRANTEE'S DUT(ES GRANTEE shall: A. Coordinate alcohol saturation events with the STATE's district authorized representative (see Clause VI of this grant contract) during the period October 1, 1999 through September 30, 2000. Saturation events shall include, but are not limited to: 1. St. Patrick's Day Saturatiori on March 17, 2000, providing up to two (2) officers. B. Assist the STATE's district authorized representative in identifiying qualified faw enforcement officers within GRANTEE's agency who have a demonstrated proficiency and interest in arresti�g impaired drivers, and who will be active participants in this program. All law enforcement officers participating in this program shall be ticensed as provided by law. C. � E F Provide a 4ist of e{igible law enforcement officers who may participate 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 will be made only for hours worked above and beyond regufar duty shifts. Review GRANTEE's Officer Activity Reports and Daily Activity l.ogs (samples attached) to verify work efficiency by those officers working the saturations; officers unwilling or unable to diligently pursue impaired drivers cannot be allowed to work subsequent saturation events and GRANTEE will work with the STATE's district authorized representative to replace such officers with quafified officers. Compiete and submit all required papenvork following each saturation event including, but not limited to, Officer Activity Reports and Invoices to the STATE's district authorized representat+ve within seven (7) working days following each saturation event. Coordinate and participate in public information and media efforts with the STATE's district authorized representative as a part of each saturation event. Department of Public Safety, State Patrol ao -3 �1 a G. GRANTEE acknowledges that a11 faw enforcement officers participating in this program are Standard Field Sobriety Testing:(SFST) trained. GRANTEE must provide proof of training for each officer nof currently qualified before such officer(s) will be allowed to parficipate in the program. ki. GRANTEE shall provide for afl operating costs including, but not limited to, maintenance and repairs of squad cars used in pe .rformance of this grant contract and shall provide all necessary insurance for them., : � . � ;,,.,��,g,�;TG��a�,r.Q.��se�?ent�ffacers, vrhils on duty under this grant contract, are employees `' ��Y>`'fi�e'�3r`�kikr''��'=a3��t�y�o�r�tb'� ii:' 'COi351��RP,`i'9t�N�ki3D�''Ef2fo184 A. Consideration for aIl services performed by GRANTEE pursuant to this grant contract shail be reimbursed by the STATE as follows: 1. Reimbursement shall 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 o�cer as stated on Attachment A of this grant contract, and shall not exceed the total amount of this grant contract. 2. Reimbursement wiif be made,onfy for,hours worked over and above regular duty shifts. 3. Reimbursement for travel�and subsistence expenses actually and necessarily incurred by GRANTEE in performance of this grant contract in an amount not to exceed Zero pollars ($0.00); provided, that_GRANTEE 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" promuigated by the Commissioner of Employee Relations. GRANTEE shall not be reimbursed for travel 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. 7he total obligation of tfie STAT,E for a!! reimbursements to GRANTEE for participation in this program shall not exceed E�ht Hundred Dollars ($800.00). B. Terms of Payment. 1. Payments shall 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 Ciause V1 of this �rant contract. Invoices shall be submitted in a form prescribed by the STATE and according to the following schedule: GRANTEE shall invoice the STA7E using the invoice form (sample attached) within seven (7) working days (ollowing each saturation event. 4nvoices are to be submitted directfy to the STATE's district authorized representative. 2. �inal claim for reimbursement must be submitted no later than October 30, 2000. Minnesota Department of Pubtic Saiety, State Patrol Division - Operation NightCAP Grant Contrac r aa., � � o �?e :: , :. , 3. The STATE shall reimburse GRANTEE only after costs have been incurred by GRANTEE. All invoices for reimbursement must be supported by written documentation inc{uding, but not limited to,,the O�cer Acfivity Reports (sample attached). 4. (When applicable) Paymenfs=are to be made from federal funds obtained by the STATE through the National Hi hwa Safet Act of 1966 (Pubiic Law 89-564) and amendments thereto. if, at any time, such funds become unavailable, this grant contract shall be term+nated immediately 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 -��,��,#�,�s;s,fi�r-s�arices�ts.s#a.ctnril,.y �Qrformed. � ^� �. �k�Y- IIi. CONDITION OF PAYMENT All services provided by GRANTEE purs�ant 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 tocal law, ordinance, rule or regulation. IV. TERMS OF CONTRACT This grant cbntract shall be effective on October 1, 199� or upon the date that the final required signature:is.obtained by the STATE, pursuant to Minn. Statute 16C.05, subd. 2, whichever occurs.later, and shall remain in efFect untii Se tember 30, 2000, or until ali obligations set forth in this grant contract have been satisfactorily fulfilled, whichever occurs first. _ V VI 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 cancellation, GRANTEE shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. STATE'S AUTHORIZED REPRESENTATIVES The STATE's authorized representative for the purposes of administration of this grant contract is Debbie Lanoux Federai Projects Coordinator, Minnesota State Patrol, telephone number 651-297-174$ or her successor in office. Such representative shall have authority for acceptance of GRANTEE's services and, if such services are accepted as satisfactory, shall so certify on each invace submitted pursuant to Clause 11, paragraph B. The STATE's district authorized representative for the purposes of coordinating the alcohol saturation events of this grant contract:is Lt. Bob Maskei, telephone number 651/779-5913 or their successor in office. Such representative shall be responsible for scheduling saturations and ensuring STATE supervision is present at each enforcement event, as well as identifying qualified state patrol, county and local law enforcement partners to be involved in each saturation. � VII. GRANTEE'S AUTHORIZED REPRESENTATIVES The GRANTEE's authorized representative for the purposes of administration of this grant contract is Thomas Schmid telephone number 651/292-3725. The GRAN7EE's authorized representative shall have fulf authority to represent GRANTEE in its fulfillment of the term, condition and requirements of this grant contract. ' � � "' ` Department of Public Safety, State Patrol Divi�sion - Operation Grant Contract ' "'"' Oo-3�1� Vtll. ASStGNMENT GRANTEE 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 original grant contract, or their successors in a�ce. X. LIABILITY 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, inc(uding _�,,� from the performance of this grant contract by � �,�' �s'��Y��c's-c�err'c�`�� m�l�y�cs.: :�t�s:=.sFato-sa sFaal4�agt �ie;conE23�cret3 Yo'bar any ^�9ega�l�r�a�r#ses��l��aa�e3+��~��ure.to fulfill its obligations pursuant to `Cfiis �grerit �ontract. XI. STATE AUDITS The books, records, docu'ments and accounting procedures and practices of the GRANTEE relevant to this grant contract shall be subject to examination by the contracting department and the Legislative Auditor for a minimum of six years from the end date of this agreement. '� �. ;.;;;,,;, XII. GOVERNMENT DATA PRACTiCES ACT The GRANTEE must comply w+th the Minnesota Government Data Practices Act, �Mintiesota Statute, Chapter 13, as it applies to all data provided by the STATE in accordance with this Agreement and as it applies to all data created, collected, received, stored,; used, maintained or disseminated by the GRANTEE in accordance with this Agreement. The civil remedies of Minnesota Statutes Section 13.08 appiy to the refease of the data referred to in this Article by either the GRANTEE or the STATE. in the event the GRANTEE receives �a request to release the data referred to in this Article, the GRANTEE must immediately notify the STATE. The STATE will give the GRANTEE instructions concerning the release of the data to the requesting party before the data is released. XIII. OWNERSHIP OF MATERIALS AND fNTELLECTUAt PROPERTY RIGHTS A. The S7ATE shalf own alf rights,.title and interest in all of the materials conceived or created by the GRANTEE, or its employees or subgrantees, either individually orjointly with oihers and which arise out of the performance of this grant contract, including any inventions, reports, studies, designs, drawirigs,%specifications, notes, documents, software and documentation, computer-based training modules, e{ectronically, magnetically or digitally recorded material and otfier work in whatever form (hereinafter "the MATERIALS"). The GRANTEE hereby assigns to the STATE all rights, title and interest to the MATERIALS. GRANTEE shail, upon request of the STATE, execute all papers and perform all other acts necessary to assist the STATE`to obtain and register copyrights, patents or other forms of protection provided by {aw for the MATERIALS. 7he•MATERIALS created under this grant contract by the GRANTEE, its employees or subcontractors, individually orjointly with others, shall be considered "works made"for hire" as defined by the U.S. Copyright Act. Afl of the MATERIALS, whether in paper, electronic or other form, shall be remitted to the STATE by the GRANTEE, its employees and any subcontractors, shafl not copy, reproduce, allow or cause to have the MATERIALS copied, reproduced or used for any purpose other than performance of the GRANTEE's obiigations under this grant contract without the prior written consent of the STATE's authorized representative. Minnesota Department of Public Safery, State Patrol Division, - Operation � oy., � --- 0o•3?,b B. GRANTEE represents and war"rants that MATERIALS produced or used under this grant contract do not and will not infringe upon any inteilectual property rights of another, including but not limifed to patents, copyrights, trade secrets, trade names and service marks and _ names. GRANTEE wi{i indemnify and defend the STATE at GRANTEE's expense from any action or claim brought against the STATE to the extent that it is based on a claim that all or part of the MATERIALS infringe upon the intellectual property rights of another. GRANTEE shall be responsible for payment of any and all such ciaims, demand, obiigations, iiabilities, costs and damages including, but not limited to, reasonable attorney fees ar+sing out of this grant contract, amendments and supplements thereto, which are attributabie to such claims - -.Y�.�:�.r,^�. �.�� or.khe,8TA7E's opinion is likefy to arise, �{�'fi➢T�E�sh�ii; �t'the'S�i��'�E'�°�d�scretatsn, �#i�er�q�r�oc�re<for the �TATE the right or license to continue using the MATEf21ALS 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, publications or services provided resulting from this grant coniract inciuding, but not fimited to, notices, informational pamphlets, press releases, research, reports, signs and similar pub(ic notices prepared by or for the GRANTEE or its employees, individually or jointly with others or any subcontractors, shall identify the STATE as the sponsoring agency and shall not be released, unless such release is a specifiic part of an approved workplan included in this grant contract prior to its approvai by the STATE's authorized representative. XV. AFFIRMATtVE ACTION (When applicable) GRANTEE certifies that it has received a certificate of compliance from the Commissioner of Human Rights pursuant to Minnesota Staiutes, Section 363.073. it is hereby agreed between the parties that Minnesota Statutes, Section 363.073 is incorporated into this grant contract by reference. XVI. WOF2KERS' GOMPENSATION 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. XVIf. 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 laws of the State of Minnesota. XVIII. JURISDICTION AND VENUE This grant contract, and amendments and supplements thereto, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings erising out of this grant contract, or breach thereof, shall be in the state or fiederai court with compete�t 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 Department of Public Safety, State Patrol Division - Operahon NightCAP Vrant c.ontract rage ' <;; IN WITNESS WHEREOF, the parties have caused this grant contract to be duly executed intending to be bound thereby. APPROVED: 1. GRANTEE: aa-3�a GRANTEE certifies that the appropriate person(s) k;�u�,��c•a.s�,:k� cn�±r�.f��.e4�.aif.r�f #he � t��f+ik�a cc �s_,,re��rzd;�-a}'�i�h1��:��ii>�" .. ��a�vs, �re�{u�ians�er�rd+saara�es � Print Name Signature Tit1e: Date: 2. STATE AGENCY: By: (authorized signature) - - Title: Chiefi Date: Distribution: Agency - Original contract(fully executed) Grantee State Authorized Representative Safety, State Patrol Division - Grant Contract � oa.... �MAR-16-260a 13�41 Operation NiahtCAP ST PAUL POLICE FLEET 7RRF 651 265 3852 P.03/03 �Attachment R � �� Personnel Roster S�f- p�:� l�� 1,�� IJ�� . - . : .�� '� � � .��r �r� - , . . , ., � �� i�i� �� _�� = r �� i■rii� � � �■� � �� r�� i �� ■�i■�� ■■�� r�i �� ' Completa even if the sams as Hourly Rate "* EringeBenefrtRate 1,��<<s C....p, '3.57h/, Breakdown: P�i;« ?��s;,,,� <.�o. 1 °� % �10 IO o� o� °!o P �C ��a TOTRL P•03 Attachmenl 8 DO -7�l b FEDERAL AUDIT REQUIREMENTS For subrecipients who are state (includes Indian tribes) or local governments If the grantee expends iotaf direct and indirect federal assistance of: *` Equal to or in excess of $300,000 or more per year, the grantee agrees fo obtain a financial and compliance audit made in accordance with the Single Audit Act of 1984,(Public Law 98-502) and the federal Office of Management and Budget _ ,:_,(t�}�1�) Cas .ula_r.A-:t-33._:S'k�e_la�r[.ani��irc�Yiarl�rbvitie iYi�Y'the ��rdiY shali cover�the .eratir,e af.the,�rantee govemment or, at the option of the grantee �veirorne�at;a?�a.ay�,ca�,ar.de�ar#me�:s,.�ge�ade� or<establistamen`ks tt�af r.eceived, expended or otherwise administered federal financial assistance during fhe year. Aud'+ts shal( be made annually unless the State or local government has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those governments, the cognizant agency shail permit bienniai audits, covering both years, if the government so requests. It sha11 afso honor requests for biennial audits by governments that have an administrative policy calling for audits less frequent than annuai, but oniy for fiscal years beginning before January 1, 1987. 2. For subrecipients who are institutions of higher education, fiospitals or other nonprofit organizations If the grantee sxpends total direct and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtain a financiai and compliance audit made in accordance with OMB Circu{ar A-133. The audit must be an organization-wide audit, unfess it is a coordinated audit in accordance with OMB Circular A-133. However, when the $300,000 or more was expended under only one program, the subrecipient may have an audit of that one program. Audits sha{{ usually be made annually, but not less frequent than every two (2) years. All audits shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independence standards specified in the General Accounting O�ce's Standards for Audit of Governmental .,.......:.,.,+;,,.,� Prnnramc Activities and Functions. Audit reports shall state that the audit was performed in accordance with the provisions of OMB Circular A-133, as applicabfe. 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 Financial Statements" or SAS 62, "Speciai Repo�ts," as applicabie. 00 -3�t 0 SAFE�OSER t� ��LHT .CAP _ OFFIC ACTtVITY REPORT �_ _ _____�.__. ACTIVITY Total Number of Vehides Total Number of Arrests/Citations Issued I 00 -'�Z� g y� �r.. �,r' . : � . 't.�:' =w � -` � � " � ��,�n 4�':',' �'9�+l:�" .. ixi....._.,.s. �.._ . ��'�-�.-� County or City Authorized Rep. Date District Authorized Rep. Date Federal Projects Director Date REMlT TO: Debbie lanoux Federal Projects Coordinator Minnasota State Patrol 444 Cedar Street — Suite 130 St. Paul MN 55101 Fax: 651/296-5937 Operation NightCAP lnvoice ORIGfNAL Presented By: Council File # Green Sheet # RESOLUTION OF SAI1V"� PAUL, MINNESOTA �°-�� 104611 Referred To: Committee:Date: 19 1 WHEREAS, the Saint Paul Police Department has received an 5800 Operation Nightcap graut from the 2 Minnesuta Department of Public Safety for traffic enforcement on March 17, 2��0. 3 4 WAEREAS, the Department of Public Safety requests a designated authority for the execution of grant 5 agreements, and 6 7 RESOLVED, that the Saint Paul City Council accept this grant award for 5800 and authorizes 8 Chief W illiam Finney to enter into an agreement with the Minnesota Department of Public Safety. 9 10 11 12 13 14 15 lb 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Requested by Department of: B/akey BOS}/O/YJ Adopted by Council: Date: Certified by Council Poli By: ✓� Form ro ed by ' y Attorney: By: � By: Approve by ayor: Date: %�y7 Z�j Approved by Mayor for Submission to Council: /� �/( �� BY� �C/11/ BS'� n��YuP Opera no n Ni g ht Cp-2000c r. xls 03/29/2000 I GREEN SHEET ruo. 104611 292-3588 TOTAL # OF SIGNATURE PAGES REQUESTED 1 �CrtYATTOPNEY� �CIERK � • �� ❑FBlFt�MLSERVICE501R_ ❑FlNAtICVJ.SERV/ALC�G �MAWR(ORASSISTFM)��` ❑HUMANWGHTS (CLIP ALL LOCATIONS FOR SIGNATURE) Signatures requested on the attached Council Resolution accepting a$800 Operation Nightcap Grant from the Minnesota Department of Public Safery for traffic enforcement on March 17, 2000. 1. Has ihis persoNflrtn ever worked under a coniract (or this depatlment? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this personMrm ever been a ary employee? CIVILSERVICECOMMISSION � vES No ,F 3. Does [his person/firm possess a sluli not nortnally possessetl by any current cRy employee� YES NO 4. Is this persoNfirm a targeted vendoY.� ' YES NO Explein all yes answers on separate sheel and aHach to green shee� 0 The Nightcap grant provides funds for dmnk dtiving traffic enforcement during St. Patrick's Day. (Attached is a wpy of the gzant agreement) Additional funds for traffic enforcement on St. Patrick's Day. -- 1: y '' � �� , None. IF NOT APPROVED Loss of grant funding. IOUNT OF TRANSACTION $ 800.00 sourxce State of M1V, Department of Pubhc Safety _ INFORMATION (EXPLAIN) _ .. .. �_ _ _ _ - ��:� y �, ��u�c€I Res2a�ch Ge�Q2r pdi�� % � L�QU GOST/REVENUEBUDGETED(CIRCLEONE) YES NO ACTIVITY NUMBER credit 001-04100 e 00 -3'70 � Accounting Information: Agency: P07 STATE OF MINNESOTA � � �� .. , GRANT CONTRACT t ' Fiscal Year: : 2000 Vendor Number: 066790002-00 Total Amount of Contraci: $800.00 , Amount of Contract First FY: $800.00 Commodity Code: Gommodity Code: Commodity Code: ( � h, t ��Q. ,5gpp Object Code: Object Cade: . .t'?'YU, ' " �r�,�+atattls3r-�str�w#a�ra.. Fund: 300 Appr: 530 Org/Sub: 5153 Rept Cat: 1408 Amount: $800.00 Accountin,g Distribution 2: Fund: Appr: Org/Sub: Rept Cat: Amount: Processing Information: (some entries may not apply) Accounting Distribution 3: Fund: Appr: Org/Sub: Rept Cat: Amount: Requisition: 5000-801 / 3-16-00 / Im Order: 5000-1219 / / number/date/entry initials number/date/entry initials (Individual signing certifies that funds have been encumbered as required by Minn. Statute 16A15 and Statute 16C.05) NOTICE TO GRANTEE: You are required by Minnesota Statutes, section 270.66 to provide your sociai security number or federal employee identification number and Minnesota tax identification number if you do business with the State of Minnesota. 7his information may be used in the enforcement of federal and state tax laws. Supplying these numbers could result in action to require you to file state tax returns and pay delinquent state tax iiabilities. This qrant contract wili not be approved unless these numbers are provided. These numbers will be avaifabie to federal and state tax authorities and state personnei mvolved m approv�ng the grant contract and the payment of state ob4igations. Grantee Name and Address: City of St. Paul, Police 100 E Eleventh St St. Paul MN 55101 Social Security or Federal Employer I.D. No. Minnesota Tax I.D. No. (if apQlicable) THIS PAGE OF THE GRANT CONTRACT CONTAINS PRIVATE INFORMATION. EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED EXTERN,4LLY � WITHOUT EXPRESS WRITTEN PERMISSION OF THE GRANTEE. If you circulate this grant contract internaliy, only offces that require access to the tax identification number AND all individuals/offices signing this grant contract should have access to this page. a o -3h � THtS GRAIVT CONTRACT, and amendmenfs and supplements thereto, is between the State of Minnesota, acting fhrough its Department of Public Safety State Patrol Division (hereinafter "STA i E"} and the City of St. Paui Police Department, address 100 E Efeventh St, St.Pau! MN 551�1 (hereinafter "GRAfVTEE"), witnesseth that: WHEREAS, the STATE, pursuant to Minnesota Statute �,�+o �„P.,�� PCn�nsible for the admin+stration of the sta of the with Safietv Act of 1966 is empowered to act as the and act as agent tor state ana �CUC� a� �izations in order to effectuate the purF ments or requlations thereto fo the end �s mav be obtained; and U�Lf�EREAS, 4tie STATE is in need ofi county arid focal iaw erifiorcemenf agen�ies' participaYiori in ' _ • �a . tG,qP- -a�zd an alconef saturation,pro�ram d�stgned'to arrestimpairet��dri�rers��tro 'd�1a�a �r, WHEf2EAS, GRANTEE represents that it is duly qualified and wiffing to perform the services set forth herein; NOW, THEREFORE, it is agreed: GRANTEE'S DUT(ES GRANTEE shall: A. Coordinate alcohol saturation events with the STATE's district authorized representative (see Clause VI of this grant contract) during the period October 1, 1999 through September 30, 2000. Saturation events shall include, but are not limited to: 1. St. Patrick's Day Saturatiori on March 17, 2000, providing up to two (2) officers. B. Assist the STATE's district authorized representative in identifiying qualified faw enforcement officers within GRANTEE's agency who have a demonstrated proficiency and interest in arresti�g impaired drivers, and who will be active participants in this program. All law enforcement officers participating in this program shall be ticensed as provided by law. C. � E F Provide a 4ist of e{igible law enforcement officers who may participate 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 will be made only for hours worked above and beyond regufar duty shifts. Review GRANTEE's Officer Activity Reports and Daily Activity l.ogs (samples attached) to verify work efficiency by those officers working the saturations; officers unwilling or unable to diligently pursue impaired drivers cannot be allowed to work subsequent saturation events and GRANTEE will work with the STATE's district authorized representative to replace such officers with quafified officers. Compiete and submit all required papenvork following each saturation event including, but not limited to, Officer Activity Reports and Invoices to the STATE's district authorized representat+ve within seven (7) working days following each saturation event. Coordinate and participate in public information and media efforts with the STATE's district authorized representative as a part of each saturation event. Department of Public Safety, State Patrol ao -3 �1 a G. GRANTEE acknowledges that a11 faw enforcement officers participating in this program are Standard Field Sobriety Testing:(SFST) trained. GRANTEE must provide proof of training for each officer nof currently qualified before such officer(s) will be allowed to parficipate in the program. ki. GRANTEE shall provide for afl operating costs including, but not limited to, maintenance and repairs of squad cars used in pe .rformance of this grant contract and shall provide all necessary insurance for them., : � . � ;,,.,��,g,�;TG��a�,r.Q.��se�?ent�ffacers, vrhils on duty under this grant contract, are employees `' ��Y>`'fi�e'�3r`�kikr''��'=a3��t�y�o�r�tb'� ii:' 'COi351��RP,`i'9t�N�ki3D�''Ef2fo184 A. Consideration for aIl services performed by GRANTEE pursuant to this grant contract shail be reimbursed by the STATE as follows: 1. Reimbursement shall 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 o�cer as stated on Attachment A of this grant contract, and shall not exceed the total amount of this grant contract. 2. Reimbursement wiif be made,onfy for,hours worked over and above regular duty shifts. 3. Reimbursement for travel�and subsistence expenses actually and necessarily incurred by GRANTEE in performance of this grant contract in an amount not to exceed Zero pollars ($0.00); provided, that_GRANTEE 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" promuigated by the Commissioner of Employee Relations. GRANTEE shall not be reimbursed for travel 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. 7he total obligation of tfie STAT,E for a!! reimbursements to GRANTEE for participation in this program shall not exceed E�ht Hundred Dollars ($800.00). B. Terms of Payment. 1. Payments shall 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 Ciause V1 of this �rant contract. Invoices shall be submitted in a form prescribed by the STATE and according to the following schedule: GRANTEE shall invoice the STA7E using the invoice form (sample attached) within seven (7) working days (ollowing each saturation event. 4nvoices are to be submitted directfy to the STATE's district authorized representative. 2. �inal claim for reimbursement must be submitted no later than October 30, 2000. Minnesota Department of Pubtic Saiety, State Patrol Division - Operation NightCAP Grant Contrac r aa., � � o �?e :: , :. , 3. The STATE shall reimburse GRANTEE only after costs have been incurred by GRANTEE. All invoices for reimbursement must be supported by written documentation inc{uding, but not limited to,,the O�cer Acfivity Reports (sample attached). 4. (When applicable) Paymenfs=are to be made from federal funds obtained by the STATE through the National Hi hwa Safet Act of 1966 (Pubiic Law 89-564) and amendments thereto. if, at any time, such funds become unavailable, this grant contract shall be term+nated immediately 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 -��,��,#�,�s;s,fi�r-s�arices�ts.s#a.ctnril,.y �Qrformed. � ^� �. �k�Y- IIi. CONDITION OF PAYMENT All services provided by GRANTEE purs�ant 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 tocal law, ordinance, rule or regulation. IV. TERMS OF CONTRACT This grant cbntract shall be effective on October 1, 199� or upon the date that the final required signature:is.obtained by the STATE, pursuant to Minn. Statute 16C.05, subd. 2, whichever occurs.later, and shall remain in efFect untii Se tember 30, 2000, or until ali obligations set forth in this grant contract have been satisfactorily fulfilled, whichever occurs first. _ V VI 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 cancellation, GRANTEE shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. STATE'S AUTHORIZED REPRESENTATIVES The STATE's authorized representative for the purposes of administration of this grant contract is Debbie Lanoux Federai Projects Coordinator, Minnesota State Patrol, telephone number 651-297-174$ or her successor in office. Such representative shall have authority for acceptance of GRANTEE's services and, if such services are accepted as satisfactory, shall so certify on each invace submitted pursuant to Clause 11, paragraph B. The STATE's district authorized representative for the purposes of coordinating the alcohol saturation events of this grant contract:is Lt. Bob Maskei, telephone number 651/779-5913 or their successor in office. Such representative shall be responsible for scheduling saturations and ensuring STATE supervision is present at each enforcement event, as well as identifying qualified state patrol, county and local law enforcement partners to be involved in each saturation. � VII. GRANTEE'S AUTHORIZED REPRESENTATIVES The GRANTEE's authorized representative for the purposes of administration of this grant contract is Thomas Schmid telephone number 651/292-3725. The GRAN7EE's authorized representative shall have fulf authority to represent GRANTEE in its fulfillment of the term, condition and requirements of this grant contract. ' � � "' ` Department of Public Safety, State Patrol Divi�sion - Operation Grant Contract ' "'"' Oo-3�1� Vtll. ASStGNMENT GRANTEE 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 original grant contract, or their successors in a�ce. X. LIABILITY 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, inc(uding _�,,� from the performance of this grant contract by � �,�' �s'��Y��c's-c�err'c�`�� m�l�y�cs.: :�t�s:=.sFato-sa sFaal4�agt �ie;conE23�cret3 Yo'bar any ^�9ega�l�r�a�r#ses��l��aa�e3+��~��ure.to fulfill its obligations pursuant to `Cfiis �grerit �ontract. XI. STATE AUDITS The books, records, docu'ments and accounting procedures and practices of the GRANTEE relevant to this grant contract shall be subject to examination by the contracting department and the Legislative Auditor for a minimum of six years from the end date of this agreement. '� �. ;.;;;,,;, XII. GOVERNMENT DATA PRACTiCES ACT The GRANTEE must comply w+th the Minnesota Government Data Practices Act, �Mintiesota Statute, Chapter 13, as it applies to all data provided by the STATE in accordance with this Agreement and as it applies to all data created, collected, received, stored,; used, maintained or disseminated by the GRANTEE in accordance with this Agreement. The civil remedies of Minnesota Statutes Section 13.08 appiy to the refease of the data referred to in this Article by either the GRANTEE or the STATE. in the event the GRANTEE receives �a request to release the data referred to in this Article, the GRANTEE must immediately notify the STATE. The STATE will give the GRANTEE instructions concerning the release of the data to the requesting party before the data is released. XIII. OWNERSHIP OF MATERIALS AND fNTELLECTUAt PROPERTY RIGHTS A. The S7ATE shalf own alf rights,.title and interest in all of the materials conceived or created by the GRANTEE, or its employees or subgrantees, either individually orjointly with oihers and which arise out of the performance of this grant contract, including any inventions, reports, studies, designs, drawirigs,%specifications, notes, documents, software and documentation, computer-based training modules, e{ectronically, magnetically or digitally recorded material and otfier work in whatever form (hereinafter "the MATERIALS"). The GRANTEE hereby assigns to the STATE all rights, title and interest to the MATERIALS. GRANTEE shail, upon request of the STATE, execute all papers and perform all other acts necessary to assist the STATE`to obtain and register copyrights, patents or other forms of protection provided by {aw for the MATERIALS. 7he•MATERIALS created under this grant contract by the GRANTEE, its employees or subcontractors, individually orjointly with others, shall be considered "works made"for hire" as defined by the U.S. Copyright Act. Afl of the MATERIALS, whether in paper, electronic or other form, shall be remitted to the STATE by the GRANTEE, its employees and any subcontractors, shafl not copy, reproduce, allow or cause to have the MATERIALS copied, reproduced or used for any purpose other than performance of the GRANTEE's obiigations under this grant contract without the prior written consent of the STATE's authorized representative. Minnesota Department of Public Safery, State Patrol Division, - Operation � oy., � --- 0o•3?,b B. GRANTEE represents and war"rants that MATERIALS produced or used under this grant contract do not and will not infringe upon any inteilectual property rights of another, including but not limifed to patents, copyrights, trade secrets, trade names and service marks and _ names. GRANTEE wi{i indemnify and defend the STATE at GRANTEE's expense from any action or claim brought against the STATE to the extent that it is based on a claim that all or part of the MATERIALS infringe upon the intellectual property rights of another. GRANTEE shall be responsible for payment of any and all such ciaims, demand, obiigations, iiabilities, costs and damages including, but not limited to, reasonable attorney fees ar+sing out of this grant contract, amendments and supplements thereto, which are attributabie to such claims - -.Y�.�:�.r,^�. �.�� or.khe,8TA7E's opinion is likefy to arise, �{�'fi➢T�E�sh�ii; �t'the'S�i��'�E'�°�d�scretatsn, �#i�er�q�r�oc�re<for the �TATE the right or license to continue using the MATEf21ALS 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, publications or services provided resulting from this grant coniract inciuding, but not fimited to, notices, informational pamphlets, press releases, research, reports, signs and similar pub(ic notices prepared by or for the GRANTEE or its employees, individually or jointly with others or any subcontractors, shall identify the STATE as the sponsoring agency and shall not be released, unless such release is a specifiic part of an approved workplan included in this grant contract prior to its approvai by the STATE's authorized representative. XV. AFFIRMATtVE ACTION (When applicable) GRANTEE certifies that it has received a certificate of compliance from the Commissioner of Human Rights pursuant to Minnesota Staiutes, Section 363.073. it is hereby agreed between the parties that Minnesota Statutes, Section 363.073 is incorporated into this grant contract by reference. XVI. WOF2KERS' GOMPENSATION 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. XVIf. 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 laws of the State of Minnesota. XVIII. JURISDICTION AND VENUE This grant contract, and amendments and supplements thereto, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings erising out of this grant contract, or breach thereof, shall be in the state or fiederai court with compete�t 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 Department of Public Safety, State Patrol Division - Operahon NightCAP Vrant c.ontract rage ' <;; IN WITNESS WHEREOF, the parties have caused this grant contract to be duly executed intending to be bound thereby. APPROVED: 1. GRANTEE: aa-3�a GRANTEE certifies that the appropriate person(s) k;�u�,��c•a.s�,:k� cn�±r�.f��.e4�.aif.r�f #he � t��f+ik�a cc �s_,,re��rzd;�-a}'�i�h1��:��ii>�" .. ��a�vs, �re�{u�ians�er�rd+saara�es � Print Name Signature Tit1e: Date: 2. STATE AGENCY: By: (authorized signature) - - Title: Chiefi Date: Distribution: Agency - Original contract(fully executed) Grantee State Authorized Representative Safety, State Patrol Division - Grant Contract � oa.... �MAR-16-260a 13�41 Operation NiahtCAP ST PAUL POLICE FLEET 7RRF 651 265 3852 P.03/03 �Attachment R � �� Personnel Roster S�f- p�:� l�� 1,�� IJ�� . - . : .�� '� � � .��r �r� - , . . , ., � �� i�i� �� _�� = r �� i■rii� � � �■� � �� r�� i �� ■�i■�� ■■�� r�i �� ' Completa even if the sams as Hourly Rate "* EringeBenefrtRate 1,��<<s C....p, '3.57h/, Breakdown: P�i;« ?��s;,,,� <.�o. 1 °� % �10 IO o� o� °!o P �C ��a TOTRL P•03 Attachmenl 8 DO -7�l b FEDERAL AUDIT REQUIREMENTS For subrecipients who are state (includes Indian tribes) or local governments If the grantee expends iotaf direct and indirect federal assistance of: *` Equal to or in excess of $300,000 or more per year, the grantee agrees fo obtain a financial and compliance audit made in accordance with the Single Audit Act of 1984,(Public Law 98-502) and the federal Office of Management and Budget _ ,:_,(t�}�1�) Cas .ula_r.A-:t-33._:S'k�e_la�r[.ani��irc�Yiarl�rbvitie iYi�Y'the ��rdiY shali cover�the .eratir,e af.the,�rantee govemment or, at the option of the grantee �veirorne�at;a?�a.ay�,ca�,ar.de�ar#me�:s,.�ge�ade� or<establistamen`ks tt�af r.eceived, expended or otherwise administered federal financial assistance during fhe year. Aud'+ts shal( be made annually unless the State or local government has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those governments, the cognizant agency shail permit bienniai audits, covering both years, if the government so requests. It sha11 afso honor requests for biennial audits by governments that have an administrative policy calling for audits less frequent than annuai, but oniy for fiscal years beginning before January 1, 1987. 2. For subrecipients who are institutions of higher education, fiospitals or other nonprofit organizations If the grantee sxpends total direct and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtain a financiai and compliance audit made in accordance with OMB Circu{ar A-133. The audit must be an organization-wide audit, unfess it is a coordinated audit in accordance with OMB Circular A-133. However, when the $300,000 or more was expended under only one program, the subrecipient may have an audit of that one program. Audits sha{{ usually be made annually, but not less frequent than every two (2) years. All audits shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independence standards specified in the General Accounting O�ce's Standards for Audit of Governmental .,.......:.,.,+;,,.,� Prnnramc Activities and Functions. Audit reports shall state that the audit was performed in accordance with the provisions of OMB Circular A-133, as applicabfe. 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 Financial Statements" or SAS 62, "Speciai Repo�ts," as applicabie. 00 -3�t 0 SAFE�OSER t� ��LHT .CAP _ OFFIC ACTtVITY REPORT �_ _ _____�.__. ACTIVITY Total Number of Vehides Total Number of Arrests/Citations Issued I 00 -'�Z� g y� �r.. �,r' . : � . 't.�:' =w � -` � � " � ��,�n 4�':',' �'9�+l:�" .. ixi....._.,.s. �.._ . ��'�-�.-� County or City Authorized Rep. Date District Authorized Rep. Date Federal Projects Director Date REMlT TO: Debbie lanoux Federal Projects Coordinator Minnasota State Patrol 444 Cedar Street — Suite 130 St. Paul MN 55101 Fax: 651/296-5937 Operation NightCAP lnvoice