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01-490i � ORIGI�IAL Retum Copy To: Police Dept. Accounting 001-General Fund FINANCING PLAN: 04100 - Operations 3400-40031 - State Direct Grantsin Aid Total Financing Changes RE50LUTION OF SAINT PAUL, NIINNESOTA Presented By: Referred To: SPENDING PLAN: 04100 - Operations 0141- Overtime 0439 - Fringe Benefits Total Spending Changes ��{ ; 1 2 WHEREAS, the Saint Paul Police Department has received a$1,200 grant from the State of Minnesota, 3 State Patrol Division for coordination of alcohol saturation on March 17, 2001; and 4 5 WHEREAS, the Saint Paul Police Department desires to establish a spending and fmancing plan 6 for this grant, and 7 8 WHEREAS, The Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that 9 there are available for appropriation funds of $1,200 in e%cess of those estimated in the 2001 budget; and 10 11 WHEREAS, The Mayor recommends that the following addifion be made to the 2001 budget: 12 13 14 ' CIJRRENT AMENDED 15 BUDGET CHANGES BUDGET 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 0 1,071,709 6,330,044 Council File # o � - yqo Green Sheet # 111762 Committee:Date: 1,200 — 'rZilif� 1,050 150 �� 1,200 1,072,759 6,330,194 TAEREFORE SE IT RESOLVED, that the City Council accepts this grant and approves these changes to the 2001 budget. Yeas Adopted by Coancil:Date: Adoption Certified by Coi B � Approved by Mayor:Date By: �, Absent NightCap$1200Grenter.01 Requested by Department of: �hEPAR�F,tENT/OFFICEICOUNGL DATE INITIATED �oli�eD��ent aii�ioi GREEN SHEET No. 111762 CONTACTPERSO PHO INITIAVD INI7IAUDn7E ChiefFinney 292-3588 1 oevnrsrrnFSirmrsECro a 5 cirrcouxca MUST BE ON COUNCIL AGENDA BY (DATE) O' �� �O PleaseprocessASAP . �cm�nrrow,Er ' ❑arro.Ewc ° �swaxausemicESOi �Flwwcw.smvraccre � �TOR�ORlSSISTANT�_ ❑HIINFNRIGHTS TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) C770N REQUES?ED Approval of the attached council resolution accepting a grant from the State of Minnesota, State Patrol Division and establishing a 2001 spending and fivancing plan for the grant. ' RECOMMENDATION ApproVe (A) o� RejEC[ (R) PERSONAL SERVIGE CONTRAGTS MUST ANSNlERTHE FOLLOWING �UESTIONS: 1 Has ihis person/firtn ever woficed under a conVact for this department? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this personffirm ever been a ciry employee? CIVIL SERVICE COMMISSION YES NO 3. Does this persorVfirm possess a skill not nortnally pwsessed 6y any curreM ciry employee� YES NO 4. Is this person/firm a targeted vendoR YES NO Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNITV (WHO, WHAT, WHEN, WHERE, WHY) The Saint Paul Police Department has received a grant from the State of Minnesota, State Patrol Division, for coordination of alcohol saturauon on Mazch 17, 2001. (Attached is a copy of the gant.) A 2001 spending and financing plan needs to be set up for this grant. ADVANTAGESIFAPPROVED Acceptance of grant funds available for police coordinaflon of alcohol saturarion on Mazch 17, 2001. DISADVANTAGESIFAPPROVED None. DISADVANTAGES IF NOT APPROVED I.oss of gant funds available. �pY � 1 2�Q� CITY ATTORNEY TOTAL AMOUNT OF 7RANSACTION $ 1,200 COSTIREVENUE BUDGETED (CIRCLE ONE) YES �NO FUNDING SOURCE State of Minnesota g�ant ACTIVI7Y NUMBER �4100 q,,, Lg���.,, (',Fi7t �� FINANCIAL INFORMATION (EXPLAIN) 4 F7`1C u� @ C�U� NightCap$1200Cmm.gs2001 � R � � �.� ".. ������ � �f�s�� Accountin Information: Agency: P07 STATE OF MINNESOTA GRANT CONTRACT O�—��O Fiscai Year: 2001 Vendor Number: 06679�0�2-00 Total Amount of Contract: �1200.__ �� — Commodity Code: Object Code: 560 � Accounting Distribution 1: Amount of Contract First FY: $ti200. Commodity Code: Object Code: �_ Accounting Distribution 2: Fund: 300 Fund: Jappr: 531 APpr: Org/Sub: 5153 Org/Sub: Rept Cat: 0308 Rept Cat: Amount: $1200.00 Amount: Processin Information: (some entries may not apply) Requisition Order: Commodity Gode: Object Code: ,_ Accounting Distribution 3: Fund: � Appr: Org/Sub: Rept Cat: AmountQ SIGNED MAR 2 3 2001 5000-1665 � number/date/entr t a � KSON 5000-1017 / 3/6/01 / LM number/date/entry initials {Individual signing certifies that funds have been encumbered as required by Minn. Statute 16A.15 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 e couldresult action to require you to flle state ta�x re ums and pay delinquent state t x liabipte This rant contract will not be a roved unless these numbers are rovided. 7hese numbers wifl be availab4e to federal and state tax authorities and state personnel involved in approving the grant contract and the payment of state obligations. Grantee Name and Address: Social Security os Federal Employer I.D. No. Minnesota Tax I.D. No. (if applicable) �_ THIS PAGE OF THE GRANT CONTRACT CONTAINS PRIVATE INFORMATION. EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED EXTERNALLY WITHOUT EXPRESS WRI7TEN PEF2MISSION O� THE GRAN7EE. if you circulate this grant contract internally, only offices that require access to the tax identification number AND all individualsloffices signing this grant contract should have access to this page. o � -y�q THIS GRANT CONTRACT, and amendments and supplements thereto, is between the State of Minnesota, acting through its Commissioner of Public Safety State Patrol Division (hereinafter "STATE") and the Cit of St. Paul, Potice De artment, address 100 East �'t �cre�t, St. Paul, MN 55101 (hereinafter "GRANTEE"), witnesseth that: WHEREAS, the STATE, pursuant to Minnesota Statute 4.075 and Minnesota Session Laws �nnn C:hanter 445. Article 1, Section 1, S�bd_�d) is empoweied to act as t�e app'oP n{tW th state law, Act of 1 for and act as agent for state a ns in order to effectuate the or re ulations thereto to thf ....,., �. nMtainatl and iS 2fllp available enter int� and s: and WHEREAS, the STA7E is in need of count and Iocal law enforcement a encies a<<��� a� an aicoho( saturation ro ram des+ ned to arrest impaired drivers (Operation Ni htCAP); and WHEREAS, GRANTEE represents that it is du{y qualified and willing to perform the services set forth herein; NOW, TNEREFORE, it is agreed: GRANTEE'S DUTIES GRANTEE shall: A. Coordinate alcohol saturation events with the STATE's distsict authorized representative (see Ciause Vl of this grant contract) during the period October 1, 2000 through September 30, 2001. Saturation events shall include, but are not limited to: 1. St. Patrick's Day Saturation on March 17, 2001, providing up to three (3) officers. � C. � Assistthe STATE's district authorized representative in identifying qualified law enforcement officers within GRANTEE's agency who have a demonstrated profic+ency and interest in arresting impaired drivers, and who will be active participants in this program. All law enforcement officers participating in this program shall be licensed as provided by law. Provide a list of eligible law enforcement officers who may participate in this program with their overtime rate of pay, including firinge 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 Act+vity Logs (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 wi41 work with the STATE's district authorized representative to replace such officers with qualified officers. E. Complete and submit all required paperwork following each saturation event including, but not limited to, Officer Activity Reports and Invoices to the STATE's district authorized representative within seven (7) working days foliowing each saturation event. F. Coordinate and participate in pub{ic +nformation and media efforts with the STATE's district authorized representative as a part of each saturation event. Pa9e Minnesota Pepartment of Public Safety, State Patrol Division - Operation Nign[Ci+r G�erd � �-`1qo G. GRANTEE acknowtedges that all law enforcement officers participating in this program are Standard �ield Sobriety Testing (SFST) trained. GRAN7EE must provide proof of training for each o�cer not currently qualified before such officer(s) will be allowed 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. I of t�he GRANTEE and not employees of the STATE Federa9gover�mentt, are employees GONSIDERATION AND TERMS OF PAYMENT A. Consideration for all services performed by GRANTEE pursuant to this grant contract shall be reimbursed by the STATE as follows: 1. Reimbursemeni shalf 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 shalf 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 wili be made only for hours worked over and above regular duty shifts. 3. Reimbursement for travel and subsistence expenses aetually and necessarily incurred by GRANTEE in performance of this grant contract in an amount not to exceed Zero Dollars ($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 promulgated by the Commissioner of �� Employee Relations. GRANTEE shalf 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 STA7E. No reimbursement shall be made for salary costs incurred in traveling to and from saturation evF�ts. The total obligation of the STA7E for all reimbursements to GRANTEE for participation in this program shafl not exceed 7welve Hundred Dollars ($1200.00). B. Terms of Payment. 1. Payments shalf be made by the STATE promptly after GRANTEE's presentation of invoices for services performed and acceptance of such services by the STA7E's subm tted in a fosm prescrpbe by the STATE and acco ding to the followi g schedule GRANTEE shall invoice the STATE using the invoice form (sample attached) within seven (7) working days following each saturation event. Invoices are to be submitted directly to the STATE's district authorized representative. 2. Final claim for reimbursement must be received Depariment of Division - Operatlon N1ghiCAP Grant Conhact no later than October 3U, 2001. Paae 2 d 1-`l`1� 3. 7he STATE shail reimburse GRANTEE only after costs have been incurred by GRANTEE. All invoices for reimbursement must be supported by written documentafion including, but not limited to, the Officer Activity Reports (sample aitached). 4. (When applicable) Payments are to be made from federai funds obtained by the STATE through the National Highway Safety Act of 1966 (Public Law 89-564) and amendments thereto. 1f, at any time, such funds become unavailable, this grant contract shall be terminated 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 a pro rata basis, for services satisfactorily performed. 5. There wiff be no ho4iday pay. Ill. 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, STATE to be u s�factory, t or perfo med in violation o federal sta e or I lawford'��nance, rufe or regu4at+on. �V. TERMS OF CONTRACT This grant contract shall be effective on October 1, 200q 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 until September 30 2001, or until all obfigations set forth in this grant contract have been satisfactorily fuifilled, whichever occurs first. U. CANCELLATION 7his grant contract may be canceled by the S7ATE or GRANTEE at any time, a I cance ationt GRANTEE shalrtbe d paymentl d termined on p o rata fo�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 Kammy Huneke Federal Projects Coordinator, Minnesota State Patrol, telephone number 651-297-1?4Q 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 invoice submitted pursuant to Clause II, paragraph B. The STATE's district autMorized representative for the purposes of coordinat+ng the alcohol saturation events of this grant contract is Lt. Bob Maskei, telephone number 651/779-591$ or their successor in office. Such representative shall be responsible for scheduling saturations qualrfied st e copnty localeaw enforcement part ees be invol ed each tifying saturation. VII. GRANTEE'S AUTHORIZED REPRESENTATiVES The GRANTEE's authorized representative for the purposes of administration of this grant contract is Sqt Tom Schmidt, telephone number 651/292-3725 The GRANTEE's authorized representative shall have full authority to represent GRANTEE in its fulfiliment of the term, condition and requirements of this grant contract. Department of Public Safety, State Patrol Pivision - Operanon Contract �� -y�o VIII. ASSIGNMENT GRANTEE shall neither assign nor transfer any rights or obligations under this grani 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 o�ce. X. LIABILITY GRANTEE agrees to indemnify and save and hotd the STATE, its authorized representatives and employees harmless from any and ail claims or causes of action, including all attorneys' fees incurred by the STATE, arising from the performance of this grant contract by GRANTEE or GRANTEE's agents or employees. This clause shall not be construed to bar any legal remedies GRANTEE may have for the STATE's failure to fuffill its obligat±ons pursuant to this grant contract. XI. STA7E AUDITS The books, records, documents and accounting procedures and practices of the GRANTEE relevant to this grant contract shall be subject to examination by the contracting department, Legislative Auditor, and State Auditor for a minimum of six years from the end date of this grant contract. XII. GOVERNMENT DATA PFtAC710ES ACT The GRANTEE must comply with the Minnesota Government Data Practices Act, Minnesota 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, coifected, received, stored,; used, maintained or disseminated by the GRANTEE in accordance with this Agreement. The civil remedies of Minnesota Statutes Section 13.08 apply to the release of the data referred to in this Clause by either the GRANTEE or the STATE. in the event the GRANTEE receives a request to release the data referred to in this Clause, the GRANTEE must immediately notify the STATE. The STATE will give the GRANTEE instructions concerning the release of the data to the requesting garty before the data is released. XIII. OWNERSHIP OF MATERIALS AND INTELIECTUAL PROPERTY RIGHTS A. 7he STATE sha11 own all rights, titte and interest in all of the materials conceived or created by the GRANTEE, or its employees or subgrantees, either individually or jointly with others and which arise out of the performance of this grant contract, incl�ding any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer-based training modu{es, efectronica{ly, magneticafly or digitally recorded material and other work in whatever form (hereinafter "the MATERIALS"). 7he GRANTEE hereby assigns to the STATE all rights, title and interest to the MATERIALS. GRANTEE shall, upon request of the STATE, execute al1 papers and perform all other acts necessary to assist the STATE to obtain and register copyrights, patents or other forms of protection provided by law for the MATERIALS. The MATERIALS created under this grant contract by the GRANTEE, its employees or subcontractors, individually or jointly with others, sha(I be considered "works made for hire" as defined by the U.S. Copyright Act. All of the MATERIALS, whether in paper, electronic or other form, shall be remitted to the STATE by the GRANTEE, its employees and any subcontractors, sha11 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 coniract without the prior written consent of the STATE's authorized representative. Departmeni of Public Safety, State Patrol Division - Operation NightCAP Grant Contract �ge a O�-`\�� B. GRANTEE represents and warrants that MATERIALS produced or used under this grant contract do not and will not infringe upon any intellectual property rights of another, including but not limited to patents, copyrights, trade secrets, trade names and service marks and names. GRANTEE will 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 c{aim that all or part of the MATERIALS infringe upon the inteflectual property rights of another. GRANTEE shall be responsible for payment of any and all such claims, demand, obligations, liabilities, costs and damages including, but not limited to, reasonable attorney fees arising out of this grant contract, amendments and supplements thereto, which are attributable to such claims or actions. If such a claim or action arises, or in GRANTEE's or the STATE's opinion is likely to arise, GRANTEE shall, at the STATE's discretion, either procure for the STATE the right or license to continue using the MATERIALS 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 �aw. XIV. PUBLICITY Any publicity given to the program, publications 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 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 specific part of an approved workplan included in this grant contract prior to its approval by the STATE's authorized representative. XV. AFFIftMAT1VE ACTION (When applicable) GRANTEE certifies that it has received a certificate of compliance from the Commissioner of Human Rights pursuant to Minnesota Statutes, 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. WORKERS' COMPENSATION {n accordance wfth the provisions of Minnesota Statutes, Section 176.182, the STATE a�rms that GRANTEE has provided acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes, Section 176.181, subd. 2. XVII. AN7ITRUST GRANTEE hereby assigns to the State ofi Minnesota any and a{I claims for overcharges as to goods and/or services provided in connection with this grant contract resuiting 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 arising out of this grant contract, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. XfX. OTHER PROVISIONS A. GRANTEE must also 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 - Operation NightCAP Grant Contract Page 5 0 � -y�lo IN WITNESS WHEREOF, the parties have caused this grant contract to be duly executed intending to be bound thereby. APPROVED: 1. GRANTEE: GRANTEE certifies that the appropriate person(s) have executed the grant contract on 6ehalf of the GRANTEE as required by applicable articles, by-faws, resolutions or ordinances _- By: — Print Name Signature Title: Date: 2. STATE AGENCY: By: (authorized signaturel y Titfe: Date: Distribution: Agency - Original contract(fully executed) Grantee State Authorized Representative � Minnesoia Department of Public Safety, State Patrol Division - Operation NightCAP Grant Contract - _�-_--�_2_ _ �a - r�__ -..�.__ -___- --_- _`- -- -_�� P.�2•;�� . ::acnmeni A Operation ° �'�`�° �ightCAP ��rs����� ��s��� ���pie?e even if the same as Hourly Rate �— 3 5- 5 o x t � _ X tis s35 °� �l �/ • S� x IS� s`S C% 3 = � � i.SaS % �f- 33•1� % " Fringe Benefit Rate Brezkdown: °�, �/o o� _ ' �--_ � '/c �ia rorF� F.ez ��� sT� G c.h I � G � 1 C(' �.1 G a-T�r-, PGi.f �-:`�x Attachment B FEDERAL AUDIT REQUiREMENTS p � � For subrecipients who are state (includes Indian tribes) or local governments _ If the grantee expends total direct and indirect federal assistance of: w` Equat to or in excess of $300,000 or more per year, the grantee agrees to obtain �- a financial and compliance audit made in accordance with the Single Audit Act of 1984 (Pubiic Law 98-502) and the federal Office of Management and Budget (OMB) Circular A-133. The faw and circuiar provide that the audit shall cover the entire operations of the grantee government or, at the option of the grantee ._ government, it may cover departments, agencies or estabiishments that received, expended or otherwise administered federal financial assistance during the year. Audits shall 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 biennial audits, covering both years, if the government so requests. It shall also honor requests for biennial audits by governments 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, hospitais or other nonprofit orgattizations If the grantee expends total direct and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Circular A-133. The audit must be an organization-wide audit, unless it is a coordinated audit i� 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 shal� usually be made annuaily, but not less frequent than every two {2) years. 3. All audits shall be made by an independent auditor. An independent auditor is a state or Iocal government auditor or a public accountant who meets the independence standards specified in the General Accounting Office's Standards for Audit of Governmenta Organizations, Programs, Activities and Functions. • �" 4. Audit reports shali state that the audit was performed in accordance with the provisions of OMB Circuiar A-133, as applicable. 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 �inancial Statements" or SAS 62, "Speciaf Reports," as applicabfe. i � ORIGI�IAL Retum Copy To: Police Dept. Accounting 001-General Fund FINANCING PLAN: 04100 - Operations 3400-40031 - State Direct Grantsin Aid Total Financing Changes RE50LUTION OF SAINT PAUL, NIINNESOTA Presented By: Referred To: SPENDING PLAN: 04100 - Operations 0141- Overtime 0439 - Fringe Benefits Total Spending Changes ��{ ; 1 2 WHEREAS, the Saint Paul Police Department has received a$1,200 grant from the State of Minnesota, 3 State Patrol Division for coordination of alcohol saturation on March 17, 2001; and 4 5 WHEREAS, the Saint Paul Police Department desires to establish a spending and fmancing plan 6 for this grant, and 7 8 WHEREAS, The Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that 9 there are available for appropriation funds of $1,200 in e%cess of those estimated in the 2001 budget; and 10 11 WHEREAS, The Mayor recommends that the following addifion be made to the 2001 budget: 12 13 14 ' CIJRRENT AMENDED 15 BUDGET CHANGES BUDGET 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 0 1,071,709 6,330,044 Council File # o � - yqo Green Sheet # 111762 Committee:Date: 1,200 — 'rZilif� 1,050 150 �� 1,200 1,072,759 6,330,194 TAEREFORE SE IT RESOLVED, that the City Council accepts this grant and approves these changes to the 2001 budget. Yeas Adopted by Coancil:Date: Adoption Certified by Coi B � Approved by Mayor:Date By: �, Absent NightCap$1200Grenter.01 Requested by Department of: �hEPAR�F,tENT/OFFICEICOUNGL DATE INITIATED �oli�eD��ent aii�ioi GREEN SHEET No. 111762 CONTACTPERSO PHO INITIAVD INI7IAUDn7E ChiefFinney 292-3588 1 oevnrsrrnFSirmrsECro a 5 cirrcouxca MUST BE ON COUNCIL AGENDA BY (DATE) O' �� �O PleaseprocessASAP . �cm�nrrow,Er ' ❑arro.Ewc ° �swaxausemicESOi �Flwwcw.smvraccre � �TOR�ORlSSISTANT�_ ❑HIINFNRIGHTS TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) C770N REQUES?ED Approval of the attached council resolution accepting a grant from the State of Minnesota, State Patrol Division and establishing a 2001 spending and fivancing plan for the grant. ' RECOMMENDATION ApproVe (A) o� RejEC[ (R) PERSONAL SERVIGE CONTRAGTS MUST ANSNlERTHE FOLLOWING �UESTIONS: 1 Has ihis person/firtn ever woficed under a conVact for this department? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this personffirm ever been a ciry employee? CIVIL SERVICE COMMISSION YES NO 3. Does this persorVfirm possess a skill not nortnally pwsessed 6y any curreM ciry employee� YES NO 4. Is this person/firm a targeted vendoR YES NO Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNITV (WHO, WHAT, WHEN, WHERE, WHY) The Saint Paul Police Department has received a grant from the State of Minnesota, State Patrol Division, for coordination of alcohol saturauon on Mazch 17, 2001. (Attached is a copy of the gant.) A 2001 spending and financing plan needs to be set up for this grant. ADVANTAGESIFAPPROVED Acceptance of grant funds available for police coordinaflon of alcohol saturarion on Mazch 17, 2001. DISADVANTAGESIFAPPROVED None. DISADVANTAGES IF NOT APPROVED I.oss of gant funds available. �pY � 1 2�Q� CITY ATTORNEY TOTAL AMOUNT OF 7RANSACTION $ 1,200 COSTIREVENUE BUDGETED (CIRCLE ONE) YES �NO FUNDING SOURCE State of Minnesota g�ant ACTIVI7Y NUMBER �4100 q,,, Lg���.,, (',Fi7t �� FINANCIAL INFORMATION (EXPLAIN) 4 F7`1C u� @ C�U� NightCap$1200Cmm.gs2001 � R � � �.� ".. ������ � �f�s�� Accountin Information: Agency: P07 STATE OF MINNESOTA GRANT CONTRACT O�—��O Fiscai Year: 2001 Vendor Number: 06679�0�2-00 Total Amount of Contract: �1200.__ �� — Commodity Code: Object Code: 560 � Accounting Distribution 1: Amount of Contract First FY: $ti200. Commodity Code: Object Code: �_ Accounting Distribution 2: Fund: 300 Fund: Jappr: 531 APpr: Org/Sub: 5153 Org/Sub: Rept Cat: 0308 Rept Cat: Amount: $1200.00 Amount: Processin Information: (some entries may not apply) Requisition Order: Commodity Gode: Object Code: ,_ Accounting Distribution 3: Fund: � Appr: Org/Sub: Rept Cat: AmountQ SIGNED MAR 2 3 2001 5000-1665 � number/date/entr t a � KSON 5000-1017 / 3/6/01 / LM number/date/entry initials {Individual signing certifies that funds have been encumbered as required by Minn. Statute 16A.15 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 e couldresult action to require you to flle state ta�x re ums and pay delinquent state t x liabipte This rant contract will not be a roved unless these numbers are rovided. 7hese numbers wifl be availab4e to federal and state tax authorities and state personnel involved in approving the grant contract and the payment of state obligations. Grantee Name and Address: Social Security os Federal Employer I.D. No. Minnesota Tax I.D. No. (if applicable) �_ THIS PAGE OF THE GRANT CONTRACT CONTAINS PRIVATE INFORMATION. EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED EXTERNALLY WITHOUT EXPRESS WRI7TEN PEF2MISSION O� THE GRAN7EE. if you circulate this grant contract internally, only offices that require access to the tax identification number AND all individualsloffices signing this grant contract should have access to this page. o � -y�q THIS GRANT CONTRACT, and amendments and supplements thereto, is between the State of Minnesota, acting through its Commissioner of Public Safety State Patrol Division (hereinafter "STATE") and the Cit of St. Paul, Potice De artment, address 100 East �'t �cre�t, St. Paul, MN 55101 (hereinafter "GRANTEE"), witnesseth that: WHEREAS, the STATE, pursuant to Minnesota Statute 4.075 and Minnesota Session Laws �nnn C:hanter 445. Article 1, Section 1, S�bd_�d) is empoweied to act as t�e app'oP n{tW th state law, Act of 1 for and act as agent for state a ns in order to effectuate the or re ulations thereto to thf ....,., �. nMtainatl and iS 2fllp available enter int� and s: and WHEREAS, the STA7E is in need of count and Iocal law enforcement a encies a<<��� a� an aicoho( saturation ro ram des+ ned to arrest impaired drivers (Operation Ni htCAP); and WHEREAS, GRANTEE represents that it is du{y qualified and willing to perform the services set forth herein; NOW, TNEREFORE, it is agreed: GRANTEE'S DUTIES GRANTEE shall: A. Coordinate alcohol saturation events with the STATE's distsict authorized representative (see Ciause Vl of this grant contract) during the period October 1, 2000 through September 30, 2001. Saturation events shall include, but are not limited to: 1. St. Patrick's Day Saturation on March 17, 2001, providing up to three (3) officers. � C. � Assistthe STATE's district authorized representative in identifying qualified law enforcement officers within GRANTEE's agency who have a demonstrated profic+ency and interest in arresting impaired drivers, and who will be active participants in this program. All law enforcement officers participating in this program shall be licensed as provided by law. Provide a list of eligible law enforcement officers who may participate in this program with their overtime rate of pay, including firinge 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 Act+vity Logs (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 wi41 work with the STATE's district authorized representative to replace such officers with qualified officers. E. Complete and submit all required paperwork following each saturation event including, but not limited to, Officer Activity Reports and Invoices to the STATE's district authorized representative within seven (7) working days foliowing each saturation event. F. Coordinate and participate in pub{ic +nformation and media efforts with the STATE's district authorized representative as a part of each saturation event. Pa9e Minnesota Pepartment of Public Safety, State Patrol Division - Operation Nign[Ci+r G�erd � �-`1qo G. GRANTEE acknowtedges that all law enforcement officers participating in this program are Standard �ield Sobriety Testing (SFST) trained. GRAN7EE must provide proof of training for each o�cer not currently qualified before such officer(s) will be allowed 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. I of t�he GRANTEE and not employees of the STATE Federa9gover�mentt, are employees GONSIDERATION AND TERMS OF PAYMENT A. Consideration for all services performed by GRANTEE pursuant to this grant contract shall be reimbursed by the STATE as follows: 1. Reimbursemeni shalf 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 shalf 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 wili be made only for hours worked over and above regular duty shifts. 3. Reimbursement for travel and subsistence expenses aetually and necessarily incurred by GRANTEE in performance of this grant contract in an amount not to exceed Zero Dollars ($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 promulgated by the Commissioner of �� Employee Relations. GRANTEE shalf 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 STA7E. No reimbursement shall be made for salary costs incurred in traveling to and from saturation evF�ts. The total obligation of the STA7E for all reimbursements to GRANTEE for participation in this program shafl not exceed 7welve Hundred Dollars ($1200.00). B. Terms of Payment. 1. Payments shalf be made by the STATE promptly after GRANTEE's presentation of invoices for services performed and acceptance of such services by the STA7E's subm tted in a fosm prescrpbe by the STATE and acco ding to the followi g schedule GRANTEE shall invoice the STATE using the invoice form (sample attached) within seven (7) working days following each saturation event. Invoices are to be submitted directly to the STATE's district authorized representative. 2. Final claim for reimbursement must be received Depariment of Division - Operatlon N1ghiCAP Grant Conhact no later than October 3U, 2001. Paae 2 d 1-`l`1� 3. 7he STATE shail reimburse GRANTEE only after costs have been incurred by GRANTEE. All invoices for reimbursement must be supported by written documentafion including, but not limited to, the Officer Activity Reports (sample aitached). 4. (When applicable) Payments are to be made from federai funds obtained by the STATE through the National Highway Safety Act of 1966 (Public Law 89-564) and amendments thereto. 1f, at any time, such funds become unavailable, this grant contract shall be terminated 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 a pro rata basis, for services satisfactorily performed. 5. There wiff be no ho4iday pay. Ill. 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, STATE to be u s�factory, t or perfo med in violation o federal sta e or I lawford'��nance, rufe or regu4at+on. �V. TERMS OF CONTRACT This grant contract shall be effective on October 1, 200q 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 until September 30 2001, or until all obfigations set forth in this grant contract have been satisfactorily fuifilled, whichever occurs first. U. CANCELLATION 7his grant contract may be canceled by the S7ATE or GRANTEE at any time, a I cance ationt GRANTEE shalrtbe d paymentl d termined on p o rata fo�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 Kammy Huneke Federal Projects Coordinator, Minnesota State Patrol, telephone number 651-297-1?4Q 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 invoice submitted pursuant to Clause II, paragraph B. The STATE's district autMorized representative for the purposes of coordinat+ng the alcohol saturation events of this grant contract is Lt. Bob Maskei, telephone number 651/779-591$ or their successor in office. Such representative shall be responsible for scheduling saturations qualrfied st e copnty localeaw enforcement part ees be invol ed each tifying saturation. VII. GRANTEE'S AUTHORIZED REPRESENTATiVES The GRANTEE's authorized representative for the purposes of administration of this grant contract is Sqt Tom Schmidt, telephone number 651/292-3725 The GRANTEE's authorized representative shall have full authority to represent GRANTEE in its fulfiliment of the term, condition and requirements of this grant contract. Department of Public Safety, State Patrol Pivision - Operanon Contract �� -y�o VIII. ASSIGNMENT GRANTEE shall neither assign nor transfer any rights or obligations under this grani 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 o�ce. X. LIABILITY GRANTEE agrees to indemnify and save and hotd the STATE, its authorized representatives and employees harmless from any and ail claims or causes of action, including all attorneys' fees incurred by the STATE, arising from the performance of this grant contract by GRANTEE or GRANTEE's agents or employees. This clause shall not be construed to bar any legal remedies GRANTEE may have for the STATE's failure to fuffill its obligat±ons pursuant to this grant contract. XI. STA7E AUDITS The books, records, documents and accounting procedures and practices of the GRANTEE relevant to this grant contract shall be subject to examination by the contracting department, Legislative Auditor, and State Auditor for a minimum of six years from the end date of this grant contract. XII. GOVERNMENT DATA PFtAC710ES ACT The GRANTEE must comply with the Minnesota Government Data Practices Act, Minnesota 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, coifected, received, stored,; used, maintained or disseminated by the GRANTEE in accordance with this Agreement. The civil remedies of Minnesota Statutes Section 13.08 apply to the release of the data referred to in this Clause by either the GRANTEE or the STATE. in the event the GRANTEE receives a request to release the data referred to in this Clause, the GRANTEE must immediately notify the STATE. The STATE will give the GRANTEE instructions concerning the release of the data to the requesting garty before the data is released. XIII. OWNERSHIP OF MATERIALS AND INTELIECTUAL PROPERTY RIGHTS A. 7he STATE sha11 own all rights, titte and interest in all of the materials conceived or created by the GRANTEE, or its employees or subgrantees, either individually or jointly with others and which arise out of the performance of this grant contract, incl�ding any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer-based training modu{es, efectronica{ly, magneticafly or digitally recorded material and other work in whatever form (hereinafter "the MATERIALS"). 7he GRANTEE hereby assigns to the STATE all rights, title and interest to the MATERIALS. GRANTEE shall, upon request of the STATE, execute al1 papers and perform all other acts necessary to assist the STATE to obtain and register copyrights, patents or other forms of protection provided by law for the MATERIALS. The MATERIALS created under this grant contract by the GRANTEE, its employees or subcontractors, individually or jointly with others, sha(I be considered "works made for hire" as defined by the U.S. Copyright Act. All of the MATERIALS, whether in paper, electronic or other form, shall be remitted to the STATE by the GRANTEE, its employees and any subcontractors, sha11 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 coniract without the prior written consent of the STATE's authorized representative. Departmeni of Public Safety, State Patrol Division - Operation NightCAP Grant Contract �ge a O�-`\�� B. GRANTEE represents and warrants that MATERIALS produced or used under this grant contract do not and will not infringe upon any intellectual property rights of another, including but not limited to patents, copyrights, trade secrets, trade names and service marks and names. GRANTEE will 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 c{aim that all or part of the MATERIALS infringe upon the inteflectual property rights of another. GRANTEE shall be responsible for payment of any and all such claims, demand, obligations, liabilities, costs and damages including, but not limited to, reasonable attorney fees arising out of this grant contract, amendments and supplements thereto, which are attributable to such claims or actions. If such a claim or action arises, or in GRANTEE's or the STATE's opinion is likely to arise, GRANTEE shall, at the STATE's discretion, either procure for the STATE the right or license to continue using the MATERIALS 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 �aw. XIV. PUBLICITY Any publicity given to the program, publications 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 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 specific part of an approved workplan included in this grant contract prior to its approval by the STATE's authorized representative. XV. AFFIftMAT1VE ACTION (When applicable) GRANTEE certifies that it has received a certificate of compliance from the Commissioner of Human Rights pursuant to Minnesota Statutes, 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. WORKERS' COMPENSATION {n accordance wfth the provisions of Minnesota Statutes, Section 176.182, the STATE a�rms that GRANTEE has provided acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes, Section 176.181, subd. 2. XVII. AN7ITRUST GRANTEE hereby assigns to the State ofi Minnesota any and a{I claims for overcharges as to goods and/or services provided in connection with this grant contract resuiting 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 arising out of this grant contract, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. XfX. OTHER PROVISIONS A. GRANTEE must also 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 - Operation NightCAP Grant Contract Page 5 0 � -y�lo IN WITNESS WHEREOF, the parties have caused this grant contract to be duly executed intending to be bound thereby. APPROVED: 1. GRANTEE: GRANTEE certifies that the appropriate person(s) have executed the grant contract on 6ehalf of the GRANTEE as required by applicable articles, by-faws, resolutions or ordinances _- By: — Print Name Signature Title: Date: 2. STATE AGENCY: By: (authorized signaturel y Titfe: Date: Distribution: Agency - Original contract(fully executed) Grantee State Authorized Representative � Minnesoia Department of Public Safety, State Patrol Division - Operation NightCAP Grant Contract - _�-_--�_2_ _ �a - r�__ -..�.__ -___- --_- _`- -- -_�� P.�2•;�� . ::acnmeni A Operation ° �'�`�° �ightCAP ��rs����� ��s��� ���pie?e even if the same as Hourly Rate �— 3 5- 5 o x t � _ X tis s35 °� �l �/ • S� x IS� s`S C% 3 = � � i.SaS % �f- 33•1� % " Fringe Benefit Rate Brezkdown: °�, �/o o� _ ' �--_ � '/c �ia rorF� F.ez ��� sT� G c.h I � G � 1 C(' �.1 G a-T�r-, PGi.f �-:`�x Attachment B FEDERAL AUDIT REQUiREMENTS p � � For subrecipients who are state (includes Indian tribes) or local governments _ If the grantee expends total direct and indirect federal assistance of: w` Equat to or in excess of $300,000 or more per year, the grantee agrees to obtain �- a financial and compliance audit made in accordance with the Single Audit Act of 1984 (Pubiic Law 98-502) and the federal Office of Management and Budget (OMB) Circular A-133. The faw and circuiar provide that the audit shall cover the entire operations of the grantee government or, at the option of the grantee ._ government, it may cover departments, agencies or estabiishments that received, expended or otherwise administered federal financial assistance during the year. Audits shall 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 biennial audits, covering both years, if the government so requests. It shall also honor requests for biennial audits by governments 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, hospitais or other nonprofit orgattizations If the grantee expends total direct and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Circular A-133. The audit must be an organization-wide audit, unless it is a coordinated audit i� 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 shal� usually be made annuaily, but not less frequent than every two {2) years. 3. All audits shall be made by an independent auditor. An independent auditor is a state or Iocal government auditor or a public accountant who meets the independence standards specified in the General Accounting Office's Standards for Audit of Governmenta Organizations, Programs, Activities and Functions. • �" 4. Audit reports shali state that the audit was performed in accordance with the provisions of OMB Circuiar A-133, as applicable. 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 �inancial Statements" or SAS 62, "Speciaf Reports," as applicabfe. i � ORIGI�IAL Retum Copy To: Police Dept. Accounting 001-General Fund FINANCING PLAN: 04100 - Operations 3400-40031 - State Direct Grantsin Aid Total Financing Changes RE50LUTION OF SAINT PAUL, NIINNESOTA Presented By: Referred To: SPENDING PLAN: 04100 - Operations 0141- Overtime 0439 - Fringe Benefits Total Spending Changes ��{ ; 1 2 WHEREAS, the Saint Paul Police Department has received a$1,200 grant from the State of Minnesota, 3 State Patrol Division for coordination of alcohol saturation on March 17, 2001; and 4 5 WHEREAS, the Saint Paul Police Department desires to establish a spending and fmancing plan 6 for this grant, and 7 8 WHEREAS, The Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that 9 there are available for appropriation funds of $1,200 in e%cess of those estimated in the 2001 budget; and 10 11 WHEREAS, The Mayor recommends that the following addifion be made to the 2001 budget: 12 13 14 ' CIJRRENT AMENDED 15 BUDGET CHANGES BUDGET 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 0 1,071,709 6,330,044 Council File # o � - yqo Green Sheet # 111762 Committee:Date: 1,200 — 'rZilif� 1,050 150 �� 1,200 1,072,759 6,330,194 TAEREFORE SE IT RESOLVED, that the City Council accepts this grant and approves these changes to the 2001 budget. Yeas Adopted by Coancil:Date: Adoption Certified by Coi B � Approved by Mayor:Date By: �, Absent NightCap$1200Grenter.01 Requested by Department of: �hEPAR�F,tENT/OFFICEICOUNGL DATE INITIATED �oli�eD��ent aii�ioi GREEN SHEET No. 111762 CONTACTPERSO PHO INITIAVD INI7IAUDn7E ChiefFinney 292-3588 1 oevnrsrrnFSirmrsECro a 5 cirrcouxca MUST BE ON COUNCIL AGENDA BY (DATE) O' �� �O PleaseprocessASAP . �cm�nrrow,Er ' ❑arro.Ewc ° �swaxausemicESOi �Flwwcw.smvraccre � �TOR�ORlSSISTANT�_ ❑HIINFNRIGHTS TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) C770N REQUES?ED Approval of the attached council resolution accepting a grant from the State of Minnesota, State Patrol Division and establishing a 2001 spending and fivancing plan for the grant. ' RECOMMENDATION ApproVe (A) o� RejEC[ (R) PERSONAL SERVIGE CONTRAGTS MUST ANSNlERTHE FOLLOWING �UESTIONS: 1 Has ihis person/firtn ever woficed under a conVact for this department? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this personffirm ever been a ciry employee? CIVIL SERVICE COMMISSION YES NO 3. Does this persorVfirm possess a skill not nortnally pwsessed 6y any curreM ciry employee� YES NO 4. Is this person/firm a targeted vendoR YES NO Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNITV (WHO, WHAT, WHEN, WHERE, WHY) The Saint Paul Police Department has received a grant from the State of Minnesota, State Patrol Division, for coordination of alcohol saturauon on Mazch 17, 2001. (Attached is a copy of the gant.) A 2001 spending and financing plan needs to be set up for this grant. ADVANTAGESIFAPPROVED Acceptance of grant funds available for police coordinaflon of alcohol saturarion on Mazch 17, 2001. DISADVANTAGESIFAPPROVED None. DISADVANTAGES IF NOT APPROVED I.oss of gant funds available. �pY � 1 2�Q� CITY ATTORNEY TOTAL AMOUNT OF 7RANSACTION $ 1,200 COSTIREVENUE BUDGETED (CIRCLE ONE) YES �NO FUNDING SOURCE State of Minnesota g�ant ACTIVI7Y NUMBER �4100 q,,, Lg���.,, (',Fi7t �� FINANCIAL INFORMATION (EXPLAIN) 4 F7`1C u� @ C�U� NightCap$1200Cmm.gs2001 � R � � �.� ".. ������ � �f�s�� Accountin Information: Agency: P07 STATE OF MINNESOTA GRANT CONTRACT O�—��O Fiscai Year: 2001 Vendor Number: 06679�0�2-00 Total Amount of Contract: �1200.__ �� — Commodity Code: Object Code: 560 � Accounting Distribution 1: Amount of Contract First FY: $ti200. Commodity Code: Object Code: �_ Accounting Distribution 2: Fund: 300 Fund: Jappr: 531 APpr: Org/Sub: 5153 Org/Sub: Rept Cat: 0308 Rept Cat: Amount: $1200.00 Amount: Processin Information: (some entries may not apply) Requisition Order: Commodity Gode: Object Code: ,_ Accounting Distribution 3: Fund: � Appr: Org/Sub: Rept Cat: AmountQ SIGNED MAR 2 3 2001 5000-1665 � number/date/entr t a � KSON 5000-1017 / 3/6/01 / LM number/date/entry initials {Individual signing certifies that funds have been encumbered as required by Minn. Statute 16A.15 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 e couldresult action to require you to flle state ta�x re ums and pay delinquent state t x liabipte This rant contract will not be a roved unless these numbers are rovided. 7hese numbers wifl be availab4e to federal and state tax authorities and state personnel involved in approving the grant contract and the payment of state obligations. Grantee Name and Address: Social Security os Federal Employer I.D. No. Minnesota Tax I.D. No. (if applicable) �_ THIS PAGE OF THE GRANT CONTRACT CONTAINS PRIVATE INFORMATION. EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED EXTERNALLY WITHOUT EXPRESS WRI7TEN PEF2MISSION O� THE GRAN7EE. if you circulate this grant contract internally, only offices that require access to the tax identification number AND all individualsloffices signing this grant contract should have access to this page. o � -y�q THIS GRANT CONTRACT, and amendments and supplements thereto, is between the State of Minnesota, acting through its Commissioner of Public Safety State Patrol Division (hereinafter "STATE") and the Cit of St. Paul, Potice De artment, address 100 East �'t �cre�t, St. Paul, MN 55101 (hereinafter "GRANTEE"), witnesseth that: WHEREAS, the STATE, pursuant to Minnesota Statute 4.075 and Minnesota Session Laws �nnn C:hanter 445. Article 1, Section 1, S�bd_�d) is empoweied to act as t�e app'oP n{tW th state law, Act of 1 for and act as agent for state a ns in order to effectuate the or re ulations thereto to thf ....,., �. nMtainatl and iS 2fllp available enter int� and s: and WHEREAS, the STA7E is in need of count and Iocal law enforcement a encies a<<��� a� an aicoho( saturation ro ram des+ ned to arrest impaired drivers (Operation Ni htCAP); and WHEREAS, GRANTEE represents that it is du{y qualified and willing to perform the services set forth herein; NOW, TNEREFORE, it is agreed: GRANTEE'S DUTIES GRANTEE shall: A. Coordinate alcohol saturation events with the STATE's distsict authorized representative (see Ciause Vl of this grant contract) during the period October 1, 2000 through September 30, 2001. Saturation events shall include, but are not limited to: 1. St. Patrick's Day Saturation on March 17, 2001, providing up to three (3) officers. � C. � Assistthe STATE's district authorized representative in identifying qualified law enforcement officers within GRANTEE's agency who have a demonstrated profic+ency and interest in arresting impaired drivers, and who will be active participants in this program. All law enforcement officers participating in this program shall be licensed as provided by law. Provide a list of eligible law enforcement officers who may participate in this program with their overtime rate of pay, including firinge 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 Act+vity Logs (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 wi41 work with the STATE's district authorized representative to replace such officers with qualified officers. E. Complete and submit all required paperwork following each saturation event including, but not limited to, Officer Activity Reports and Invoices to the STATE's district authorized representative within seven (7) working days foliowing each saturation event. F. Coordinate and participate in pub{ic +nformation and media efforts with the STATE's district authorized representative as a part of each saturation event. Pa9e Minnesota Pepartment of Public Safety, State Patrol Division - Operation Nign[Ci+r G�erd � �-`1qo G. GRANTEE acknowtedges that all law enforcement officers participating in this program are Standard �ield Sobriety Testing (SFST) trained. GRAN7EE must provide proof of training for each o�cer not currently qualified before such officer(s) will be allowed 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. I of t�he GRANTEE and not employees of the STATE Federa9gover�mentt, are employees GONSIDERATION AND TERMS OF PAYMENT A. Consideration for all services performed by GRANTEE pursuant to this grant contract shall be reimbursed by the STATE as follows: 1. Reimbursemeni shalf 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 shalf 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 wili be made only for hours worked over and above regular duty shifts. 3. Reimbursement for travel and subsistence expenses aetually and necessarily incurred by GRANTEE in performance of this grant contract in an amount not to exceed Zero Dollars ($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 promulgated by the Commissioner of �� Employee Relations. GRANTEE shalf 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 STA7E. No reimbursement shall be made for salary costs incurred in traveling to and from saturation evF�ts. The total obligation of the STA7E for all reimbursements to GRANTEE for participation in this program shafl not exceed 7welve Hundred Dollars ($1200.00). B. Terms of Payment. 1. Payments shalf be made by the STATE promptly after GRANTEE's presentation of invoices for services performed and acceptance of such services by the STA7E's subm tted in a fosm prescrpbe by the STATE and acco ding to the followi g schedule GRANTEE shall invoice the STATE using the invoice form (sample attached) within seven (7) working days following each saturation event. Invoices are to be submitted directly to the STATE's district authorized representative. 2. Final claim for reimbursement must be received Depariment of Division - Operatlon N1ghiCAP Grant Conhact no later than October 3U, 2001. Paae 2 d 1-`l`1� 3. 7he STATE shail reimburse GRANTEE only after costs have been incurred by GRANTEE. All invoices for reimbursement must be supported by written documentafion including, but not limited to, the Officer Activity Reports (sample aitached). 4. (When applicable) Payments are to be made from federai funds obtained by the STATE through the National Highway Safety Act of 1966 (Public Law 89-564) and amendments thereto. 1f, at any time, such funds become unavailable, this grant contract shall be terminated 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 a pro rata basis, for services satisfactorily performed. 5. There wiff be no ho4iday pay. Ill. 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, STATE to be u s�factory, t or perfo med in violation o federal sta e or I lawford'��nance, rufe or regu4at+on. �V. TERMS OF CONTRACT This grant contract shall be effective on October 1, 200q 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 until September 30 2001, or until all obfigations set forth in this grant contract have been satisfactorily fuifilled, whichever occurs first. U. CANCELLATION 7his grant contract may be canceled by the S7ATE or GRANTEE at any time, a I cance ationt GRANTEE shalrtbe d paymentl d termined on p o rata fo�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 Kammy Huneke Federal Projects Coordinator, Minnesota State Patrol, telephone number 651-297-1?4Q 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 invoice submitted pursuant to Clause II, paragraph B. The STATE's district autMorized representative for the purposes of coordinat+ng the alcohol saturation events of this grant contract is Lt. Bob Maskei, telephone number 651/779-591$ or their successor in office. Such representative shall be responsible for scheduling saturations qualrfied st e copnty localeaw enforcement part ees be invol ed each tifying saturation. VII. GRANTEE'S AUTHORIZED REPRESENTATiVES The GRANTEE's authorized representative for the purposes of administration of this grant contract is Sqt Tom Schmidt, telephone number 651/292-3725 The GRANTEE's authorized representative shall have full authority to represent GRANTEE in its fulfiliment of the term, condition and requirements of this grant contract. Department of Public Safety, State Patrol Pivision - Operanon Contract �� -y�o VIII. ASSIGNMENT GRANTEE shall neither assign nor transfer any rights or obligations under this grani 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 o�ce. X. LIABILITY GRANTEE agrees to indemnify and save and hotd the STATE, its authorized representatives and employees harmless from any and ail claims or causes of action, including all attorneys' fees incurred by the STATE, arising from the performance of this grant contract by GRANTEE or GRANTEE's agents or employees. This clause shall not be construed to bar any legal remedies GRANTEE may have for the STATE's failure to fuffill its obligat±ons pursuant to this grant contract. XI. STA7E AUDITS The books, records, documents and accounting procedures and practices of the GRANTEE relevant to this grant contract shall be subject to examination by the contracting department, Legislative Auditor, and State Auditor for a minimum of six years from the end date of this grant contract. XII. GOVERNMENT DATA PFtAC710ES ACT The GRANTEE must comply with the Minnesota Government Data Practices Act, Minnesota 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, coifected, received, stored,; used, maintained or disseminated by the GRANTEE in accordance with this Agreement. The civil remedies of Minnesota Statutes Section 13.08 apply to the release of the data referred to in this Clause by either the GRANTEE or the STATE. in the event the GRANTEE receives a request to release the data referred to in this Clause, the GRANTEE must immediately notify the STATE. The STATE will give the GRANTEE instructions concerning the release of the data to the requesting garty before the data is released. XIII. OWNERSHIP OF MATERIALS AND INTELIECTUAL PROPERTY RIGHTS A. 7he STATE sha11 own all rights, titte and interest in all of the materials conceived or created by the GRANTEE, or its employees or subgrantees, either individually or jointly with others and which arise out of the performance of this grant contract, incl�ding any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer-based training modu{es, efectronica{ly, magneticafly or digitally recorded material and other work in whatever form (hereinafter "the MATERIALS"). 7he GRANTEE hereby assigns to the STATE all rights, title and interest to the MATERIALS. GRANTEE shall, upon request of the STATE, execute al1 papers and perform all other acts necessary to assist the STATE to obtain and register copyrights, patents or other forms of protection provided by law for the MATERIALS. The MATERIALS created under this grant contract by the GRANTEE, its employees or subcontractors, individually or jointly with others, sha(I be considered "works made for hire" as defined by the U.S. Copyright Act. All of the MATERIALS, whether in paper, electronic or other form, shall be remitted to the STATE by the GRANTEE, its employees and any subcontractors, sha11 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 coniract without the prior written consent of the STATE's authorized representative. Departmeni of Public Safety, State Patrol Division - Operation NightCAP Grant Contract �ge a O�-`\�� B. GRANTEE represents and warrants that MATERIALS produced or used under this grant contract do not and will not infringe upon any intellectual property rights of another, including but not limited to patents, copyrights, trade secrets, trade names and service marks and names. GRANTEE will 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 c{aim that all or part of the MATERIALS infringe upon the inteflectual property rights of another. GRANTEE shall be responsible for payment of any and all such claims, demand, obligations, liabilities, costs and damages including, but not limited to, reasonable attorney fees arising out of this grant contract, amendments and supplements thereto, which are attributable to such claims or actions. If such a claim or action arises, or in GRANTEE's or the STATE's opinion is likely to arise, GRANTEE shall, at the STATE's discretion, either procure for the STATE the right or license to continue using the MATERIALS 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 �aw. XIV. PUBLICITY Any publicity given to the program, publications 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 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 specific part of an approved workplan included in this grant contract prior to its approval by the STATE's authorized representative. XV. AFFIftMAT1VE ACTION (When applicable) GRANTEE certifies that it has received a certificate of compliance from the Commissioner of Human Rights pursuant to Minnesota Statutes, 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. WORKERS' COMPENSATION {n accordance wfth the provisions of Minnesota Statutes, Section 176.182, the STATE a�rms that GRANTEE has provided acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes, Section 176.181, subd. 2. XVII. AN7ITRUST GRANTEE hereby assigns to the State ofi Minnesota any and a{I claims for overcharges as to goods and/or services provided in connection with this grant contract resuiting 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 arising out of this grant contract, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. XfX. OTHER PROVISIONS A. GRANTEE must also 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 - Operation NightCAP Grant Contract Page 5 0 � -y�lo IN WITNESS WHEREOF, the parties have caused this grant contract to be duly executed intending to be bound thereby. APPROVED: 1. GRANTEE: GRANTEE certifies that the appropriate person(s) have executed the grant contract on 6ehalf of the GRANTEE as required by applicable articles, by-faws, resolutions or ordinances _- By: — Print Name Signature Title: Date: 2. STATE AGENCY: By: (authorized signaturel y Titfe: Date: Distribution: Agency - Original contract(fully executed) Grantee State Authorized Representative � Minnesoia Department of Public Safety, State Patrol Division - Operation NightCAP Grant Contract - _�-_--�_2_ _ �a - r�__ -..�.__ -___- --_- _`- -- -_�� P.�2•;�� . ::acnmeni A Operation ° �'�`�° �ightCAP ��rs����� ��s��� ���pie?e even if the same as Hourly Rate �— 3 5- 5 o x t � _ X tis s35 °� �l �/ • S� x IS� s`S C% 3 = � � i.SaS % �f- 33•1� % " Fringe Benefit Rate Brezkdown: °�, �/o o� _ ' �--_ � '/c �ia rorF� F.ez ��� sT� G c.h I � G � 1 C(' �.1 G a-T�r-, PGi.f �-:`�x Attachment B FEDERAL AUDIT REQUiREMENTS p � � For subrecipients who are state (includes Indian tribes) or local governments _ If the grantee expends total direct and indirect federal assistance of: w` Equat to or in excess of $300,000 or more per year, the grantee agrees to obtain �- a financial and compliance audit made in accordance with the Single Audit Act of 1984 (Pubiic Law 98-502) and the federal Office of Management and Budget (OMB) Circular A-133. The faw and circuiar provide that the audit shall cover the entire operations of the grantee government or, at the option of the grantee ._ government, it may cover departments, agencies or estabiishments that received, expended or otherwise administered federal financial assistance during the year. Audits shall 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 biennial audits, covering both years, if the government so requests. It shall also honor requests for biennial audits by governments 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, hospitais or other nonprofit orgattizations If the grantee expends total direct and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Circular A-133. The audit must be an organization-wide audit, unless it is a coordinated audit i� 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 shal� usually be made annuaily, but not less frequent than every two {2) years. 3. All audits shall be made by an independent auditor. An independent auditor is a state or Iocal government auditor or a public accountant who meets the independence standards specified in the General Accounting Office's Standards for Audit of Governmenta Organizations, Programs, Activities and Functions. • �" 4. Audit reports shali state that the audit was performed in accordance with the provisions of OMB Circuiar A-133, as applicable. 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 �inancial Statements" or SAS 62, "Speciaf Reports," as applicabfe.