The URL can be used to link to this page

02-93Return Copy To: Police Dept. Accounting OR;.� .;�;L Council File # Green Sheet # o �. -. q3 "� '� 113Ga1. RESOLUTION OF SAINT PAUL, MINNESOTA Presented By: Referred To: Committee:Date: o�� 1 2 WHEREAS, the Saint Paul Police Department has authorization to receive a Night Cap grant from the 3 Minnesota Department of Public Safety; and 4 5 BE IT RESOLVED, that the City Council accepts this grant and authorizes the City to enter into, and Chief 6 William Finney to implement the attached agreement with the Minnesota Department of Public Safety. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 D,E?ARTMEf�3!/OFFICE/COUNCIL DATE INITIATED r'oi�� - izizv2ooi GREEN EETf,� No. 113622 � ONTA PERSON PH INmnuoA � INtiwJOa7e � W�IiamFinney 292-3588 1 nrsrrEerrrmacroa 5 mcouxca ; MUSTBEONCOUNCILAG NDABY(DATE) ✓ Q�,�93 ASAP � ❑3 cmn, ❑arvaFwc �wwixcw_sem�cFSO� �wwu+cuLLSe.RVinccrc •� 7�1� � -e I�wYOR(ORASSLttANiI_ �HUMRNRIGHIS TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) C710N REQUESTED Approval of the attached Councfl Resolution authorizing the City of Saint Paul to accept a grant from the Minnesota Department of Public Safery, authorizing the City to enter into, and Clrief William Finney to implement a gant agceement with the Minnesota Deparhuent of Public Safety. � R OMMENDATION ApproVe (A) O� Rejec[ (R) PERSONAL SERVICE CONTRACTS MUSTANSWERTHE FOLLOWING QUESTIONS: 1. Has this personlfimi ever worfcetl u�Wer a contract for this tlepartmeni? PLANNING COMMISSION vES NO CIB COMMITTEE 2. Has this persoNfirm ever been a city employee� - CIVIL SERVICE COMMISSION vES NO 3. Does this persoNfirtn possess a skill not nortnally possessed 6y any cunent city employee� YES NO A Is this persoNfirtn a targeted vendor� YES NO Explain all yes answers on separate sheet and aitach to 9reen sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHY) The Saint Paul Police Deparhnent has authorization to receive a Operarion Night Cap grant &om the Minnesota Deparhnent of Public Safety. 9 l�l�� ./ �� ADVANTAGESIFAPPROVED �HVV lb ��U� REt�� V E1� Increased police patrol for traffic safery. -p° A CI 6 �a A`lTTORNEY JAN U � 2002 DISADVANTAGESIFAPF,ROVED C�TY ATT�JRI�JE� None. �� DiSADVANTAGES IF NOT APPROVED � Loss of grant funding for Operation Night Cap. �'i�.� �� `�'�� ,��l,�`� S. � &Ui1L iOTAL AMOUNT OF TRANSACTION $ $1,200.00 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO '� FUNDINGSOURCE MSTll10SOY3DCjJeTtrriCritOfPUt111CSd�C1YgLdrit AG7NITYNUMBER � OOI-Od1OO� � �- fINANqALINFORMATION(EXPWN) uperanmuv�gntt;apgrantacceprancegs.u� .x�s 4RlG1NA1� Accountinq Information: Agency: P07 STATE OF MINNESOTA O3--q,3 GRANT CONTRACT Fiscal Year: 2002 Vendor Number: 066790002-00 Total Amount of Contract: $1200.00 Amount of Contract First FY: �1200.00 Commodity Code: Commodity Code: Commodity Code: Object Code: 5600 Object Code: Object Code: Accounting Distribution 1 Accounting Distribution 2: Accounting Distribution 3: Fund: 300 Appr: 536 Org/Sub: 5153 Activity: Rept Cat: 0311 Amount: $1200.00 Fund: Appr: _ Org/Sub: Activity: _ Rept Cat: Amount: Processinq Information: (some entries may not apply) Requisition: 5000-1238 / 1 � /�1f•rl l�,�,. _ Order. number/date/entry initials Fund: Appr: Org/Sub: Activity: Rept Cat: Amount: 5000-2071/ / number/datelentry initiais (Individua! signing certifies that funds have been encumbered as required by Minn. Statute 16A.15 and Statufe 16C.05} NOTICE TO GRANTEE: You are required by Minnesota Stafutes, section 270.66 to provide your social security number or federal employee identification number and Minnesota'tax identification number if you do business with the State of Minnesota. This information may be used in the enforcement of federal and state tax laws. Supplying these numbers could result in action to require you to file state tax returns and pay delinquent state tax liabililies. This qrant contract will not be approved unless these numbers are provided. These numbers will be available 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 or Federal Employer I.D. No. St. Paul MN 55101 Minnesota Tax l.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 WRITTEN PERMISSION OF THE GRANTEE. If you circulate this grant contract internally, only offices that require access to the tax identification number AND al{ individualsloffices signing this grant contract should have access to this page. O �..-9 3 THIS GRANT CONTRACT, and amendments and supplements thereto, is between the State of Minnesota, acting through its Commissioner of Public Safetv State Patrol Division (hereinafter "STATE") and the Citv of St Paul Police DeqaRment address 100 East 11 Street. St. Paul. MN 55101 (hereinafter "GRANTEE"), witnesseth that: WHEREAS, the STATE, pursuant to Minnesota Statute 4.075 and Minnesota Session Laws 2000, Chapter 445, Article 1, Section 1, Subd. 2(d) is empowered to act as the appropriate agency responsible for the administration of the state's highway safety program and, consistent with state Iaw, may contract and cooperate with, and act as agent for state and federal agencies, political subdivisions, and public and private organizations in order to effectuate the purposes of the National Highway Safety Act of 1966 and any amendments or regulations thereto to the end that available federal money and other benefits for such purposes may be obtained and is empowered to enter into grant contracts; and W HEREAS, the STATE is in need of county and local law enforcement agencies' participation in an alcohoi saturation program designed to arrest impaired drivers (Operation NightCAP); and WHEREAS, GRANTEE represents that it is duly qualified and willing to perform the services set forth herein; NOW, THEREFORE, it is agreed: GRANTEE'S DUTIES GRANTEE shall: � C. L] E. A. Coordinate alcohol saturation events with the STATE's district authorized representative (see Clause VI of this grant contract) during the period October 1, 2001 through September 30, 2002. Saturation events shall include the following: 1. NightCAP Saturation on December 22, 2001, providing up to one (1) officer. 2. NightCAP Saturation on December 29, 2001, providing up to two (2) officers. Assist the STATE's district authorized representative in identifying qualified law enforcement officers within GRANTEE's agency who have a demonstrated proficiency and interest in arresting impaired drivers, and who will be active participants in this program. AII 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 fringe benefits, on "Personne� 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 regular duty shifts. Review GRANTEE's Officer Activity Reports and Activity Logs (samples attached) to verify work efficiency by those officers working the saturations; ofEicers 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 qualified officers. Complete and submit all required paperwork following each saturation event inctuding, but not limited to, Officer Activity Reports and Invoices to the STATE's district authorized representative within seven (7) working days foilowing each saturation event. F. Coordinate and authorized repr� Minnesota Department of Public : in public information and media efforts with the STATE's district as a part o e ach saturation e vent. State Patrol Division - Ope2tion NightCAP Grant Contract Page i ba,-93 G. GRANTEE acknowledges that all law enforcement officers participating in this program are Standard Field Sobriety Testing (SFST) trained. GRANTEE must provide proof of training for each officer not currently qualified before such officer(s) will be ailowed to participate in the program. H. GRANTEE shall provide for ali operating costs inc{uding, 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. GRANTEE law enforcement officers, while on duty under this grant contract, are employees of the GRANTEE and not employees of the STATE or Federal government. II. CONSIDERATION 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. 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 officer as stated on Attachment A of this grant contract, and shall not exceed the total amount of this grant contract. 2. Reimbursement will be made only 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 Dollars ($0.00); provided, that GRAN7EE shall be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Non-managerial Unrepresented Employees Plan" promulgated by the Commissioner of 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. The total obligation of the STATE for all reimbursements to GRANTEE for participation in this program shail not exceed Twelve Hundred Dollars ($1200.00). B. Terms of Pavment. 1. Payments shall be made by the STA7E promptly after GRANTEE's presentation of invoices for services performed and acceptance of such services by the STATE's authorized representative pursuant to Clause VI of this grant contract. Invoices shall be submitted in a form prescribed by the STATE and according to the following schedule: GRANTEE shall invoice the STATE using the invoice form (sample attached) within seven (7) working days foilowing each saturation event. Invoices are to be submitted directly to the STATE's district authorized representative. 2. Final claim for reimbursement must be received no later than October 30, 2002. Minnesota Department of Public Safety, State PaVOI Division - Operation NightCAP Grant Contrac[ �°y� � aa-�3 3. The STATE shal4 reimburse GRANTEE only after costs have been incurred by GRANTEE. All invoices for reimbursement must be supported by written documentation including, but not limited to, the Officer Activity Reports (sample attached). 4. (When applicable) Payments are to be made from federal funds obtained by the STATE through the National Hiqhwav SafeN Act of 1966 (Public Law 89-564) and amendments thereto. If, at any time, such funds become unavailabie, 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 will be Ro holiday pay. IIi. CONDITION OF PAYMENT AII services provided by GRANTEE pursuant to this grant contract shall be performed to the satisfaction of the STATE, as determined at the sole discretion of its authorized representative, and in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. GRANTEE shall not receive payment for work found by the STATE to be unsatisfactory, or performed in violation of federal, state or locat law, ordinance, rule or regulation. IV. TERMS OF CONTRACT This grant contract shall be effective on October 1. 2001, 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, 2002, or until all obligations set forth in this grant contract have been satisfactorily fulfilled, whichever occurs first. V. CANCELLATION This grant contract may be canceled by the STATE or GRANTEE at any time, with or without cause, upon thirty (30) days written notice to the other party. In the event of such a cancellation, GRANTEE sha11 be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. • VI. STATE'S AUTHORIZED REPRESENTATIVES The STATE's Authorized Representative for the purposes of administration of this grant contract is Kammv Huneke Federal Proiects Coordinator Minnesota State Patrol, telephone number 651-297-1748, or her successor i� 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 Authorized Representative for the purposes of coordinating the alcohol saturation events of this grant contract is Lt. Bob Maskel, 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 Sat 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. VIII. ASSIGNMENT GRANTEE shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the STATE. • Minnesota Department of Public Safety, State Patrol Division - Operation NightCAP Grant Contract Page 3 03.-9 3 fX. AMENDMENTS Any amendments to this grant contract shali be in writing, and shall be executed by the same parties who executed the original grant contract, or their successors in ofEice. X. LIABILIIY GRANTEE must indemnify, save, and hold the STATE, its agents, and employees harmless from any claims or causes of action, including attomeys' fees incurred by the STATE, zrising from the performance of this grant contract by the GRANTEE or the GRANTEE's agents or empioyees. This clause will not be construed to bar any legal remedies fhe GRAN7EE may have for the STATE's failure to fulfill its obligations under this grant contract. This clause shal( not be consfrued as a waiver by the GRANTEE of the municipal tort liablility limifs set forth in Minn. Stat. § 46G.01 et seq. XI. STATE AUDITS Under Minn. Stat .§ 16C.05, subd. 5, the GRANTEE's books, records, documents and accounting procedures and practices relevant to this grant contract are subject to examination by the STATE andlor fhe State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. XII. GOVERNMENT DATA PRACT[CES The GRANTEE and STATE must comply with the Minnesota Government Data Practices Act, Minnesota Statute, Chapter 13, as it applies to al! data provided by the STATE under this grant contract, and as if appties to all data created, colleded, received, stored„ used, maintained or disseminaFed by the GRANTEE under this grant confract. The civil remedies of Minnesota Staf. .§ 13.08 apply fo the release of the data referred to in this clause by either the GRANTEE or the STATE. If the GRANTEE receives a request to release the data referred to in this Clause, fhe GRANTEE must immediafely notify the STATE. The STATE wil! give the GRANTEE instructions concerning the release of the data to the requesting party before the data is released. Xifl. PUBLICITYAND ENDORSEMENT Publicity: Any publicity regarding the subject matter of this grant confract must identify the STATE as the sponsoring agency and must not be released without prior written approval from the STATE's Authorized Representative, For purposes of this provision, publicity includes notices, informational pamph�ets, press releases, research, reports, signs and similar public notices prepared by or for the GRANTEE individuaily or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resuiting from this grant contract. Endorsement: The GRANTEE must not claim that the STATE endorses its products or services. XIV. AFFIRMATIVE ACT10N (4Vhen applicable) GRANTEE certifies that it has received a certificate of compliance from the Commissioner of Human Rights pursuant to Minnesota Statutes, Section 363.�73. 1t is here6y aqreed beiween the parties that Minnesota Statutes, Section 363_Q73 is incorporated into this grant contract by reference. XV. WORKERS' COMPENSATION The GRANTEE certifies fhat it is in compliance with Minn. Stat. § 176.181, suBd. 2, pertaining to workers' compensation insurance coverage. The GRANTEE's employees and agenis will not be considered STATE employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the STATE's obligation or responsibi(ity. Mmpesota DepaRment of Public Safefy, State Patrof Division - Op¢rodon NightCAP Grant CoMract Nage 4 oy-g3 XVI. 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 antitrusi laws of the State of Mirinesota. XVII. GOVERNING LAW, JURISDICTION. AND VENUE Minnesota law, without regard to its choice- of-law provisions, governs this grant contract. Venue for ail legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. XVIIi. 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. B. Survival of Terms: The following clauses survive the expiration or cancellation of this grani contract: X. Liability; XI. State Audits; XII. Government Data Practices; Xlil. Pubticity and Endorsement; XVII. Governing Law, Jurisdiction, and Venue. Minnesota Department of Public Safety, State PaVOI Division - Operation NightCAP Grant ConVact Page 5 oa-g3 IN WITNESS WHEREOF, the paRies 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 behalf of the GRANTEE as required by appiicabie articles, by-laws, resolutions or ordinances BY- R�int Name � Title: Date: Signatu`re� ; � , >, : 2. STATE AGENCY: ;' By: (authorized signature) �. , Title: ' °� Chief' Date: � � \ Distribution: Agency - Original contract(fully executed) Grantee State Authorized Representative N � � 5,��,-�� Minnesota Department of Public Safety, Siate PaVOI Division - Operation NightCAP Grant Contract `JEC-1'l-2d�J1 1e'i�74 ni r�-,u� � � •.•_ , �� ... Att2chment A Operation oa-g3 i�ightCAP Personnel Roster � Compiete even if the same as Kourty Rate " Fringe 6enefit Rate Bre2kdown' i _ y�(,_ $� ?S a- NS -xk X 3- y�• 7� x_ f.S.S� % ! 1535°IO : fj,Sli'�a � % �io .5�•�' q� U �l0 ��o % % % TOTRL P.04 �� - . S • �Gi, ✓� 1. (� G l ( � p F� � �' Attachment B aa-q3 FEDERAL AUDIT REQUIREMENTS For subrecipients who are state (inciudes Indian tribes) or iocal governments If the grantee expends total direct and indirect federa� assistance of: ** Equai 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 (Public Law 98-502) and the federai Office of Management and Budget (OMB) Circular A-133. The law and circular 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 establishments that received, expended or otherwise administered federal financial assistance during the year. Audits shall be made annually unless the State or locai government has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those governments, the cognizant agency shali 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, hospitals or other nonQrofit organizations 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 CircularA-133. The audit must be an organization-wide audit, unless it is a coordinated audit in accordance with OMB Circular A-133. However, when the $3��,�00 or more was expended under only one program, the subrecipient may have an audit of that one program. Audits shall usually be made annually, but not less frequent than every two (2) years. 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 Office's Standards for Audit of Governmental Organizations Pro rg ams Activities and Functions. 4. Audit reports shall state that the audit was perFormed in accordance with the provisions of OMB Circular A-133, as applicable. The reporting requirements for audit reports shall be in accordance with the American Institute of �ertified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on Audited Financial Statements" or SAS 62, "Special Reports," as applicable. G6z-93 OFFICER ACTIVITY REPORT ACTIVITY Total Number of Vehi Total Number of Arrests/Citations Issued I .. :� aa-9 � Operation NightCAP �� December 22 & 29, 2001 Invoice Date: Saturation Event: (as applicable) Agency tdamel City of St. Paul, Police Department Address: 100 East 11 " Street St. Paul, MN 55101 TOTAL EXPENSE INVOICE HOURS Overtime - County Overtime - Local I (as applicable) (Attach a copy of all refated Off�cer Actr Th+s block Vendor Number: 066790002-00 SFY: Agency: P07 Fund: 300 Org: County or City Authorized Rep. Federai Projects Director TOTAL FEDERALFUNDS INVOICE AMOUNT ALLOCATED $ $ $ $12��.�0 ;ports-if not already turned in to Patrol Lt.) State Use Onl p2 Order Numl 5153 Appr: 53B APPROVAL SIGNATURES 5000-2071 Report Cat: 0311 District Authorized Rep. Date Date Date REMIT TO: Kammy Huneke Federal Projects Coordinator Minnesota State Patrol 444 Cedar Street — Suite 130 St. Paul MN 55101 Fax: 651/296-5937 Return Copy To: Police Dept. Accounting OR;.� .;�;L Council File # Green Sheet # o �. -. q3 "� '� 113Ga1. RESOLUTION OF SAINT PAUL, MINNESOTA Presented By: Referred To: Committee:Date: o�� 1 2 WHEREAS, the Saint Paul Police Department has authorization to receive a Night Cap grant from the 3 Minnesota Department of Public Safety; and 4 5 BE IT RESOLVED, that the City Council accepts this grant and authorizes the City to enter into, and Chief 6 William Finney to implement the attached agreement with the Minnesota Department of Public Safety. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 D,E?ARTMEf�3!/OFFICE/COUNCIL DATE INITIATED r'oi�� - izizv2ooi GREEN EETf,� No. 113622 � ONTA PERSON PH INmnuoA � INtiwJOa7e � W�IiamFinney 292-3588 1 nrsrrEerrrmacroa 5 mcouxca ; MUSTBEONCOUNCILAG NDABY(DATE) ✓ Q�,�93 ASAP � ❑3 cmn, ❑arvaFwc �wwixcw_sem�cFSO� �wwu+cuLLSe.RVinccrc •� 7�1� � -e I�wYOR(ORASSLttANiI_ �HUMRNRIGHIS TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) C710N REQUESTED Approval of the attached Councfl Resolution authorizing the City of Saint Paul to accept a grant from the Minnesota Department of Public Safery, authorizing the City to enter into, and Clrief William Finney to implement a gant agceement with the Minnesota Deparhuent of Public Safety. � R OMMENDATION ApproVe (A) O� Rejec[ (R) PERSONAL SERVICE CONTRACTS MUSTANSWERTHE FOLLOWING QUESTIONS: 1. Has this personlfimi ever worfcetl u�Wer a contract for this tlepartmeni? PLANNING COMMISSION vES NO CIB COMMITTEE 2. Has this persoNfirm ever been a city employee� - CIVIL SERVICE COMMISSION vES NO 3. Does this persoNfirtn possess a skill not nortnally possessed 6y any cunent city employee� YES NO A Is this persoNfirtn a targeted vendor� YES NO Explain all yes answers on separate sheet and aitach to 9reen sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHY) The Saint Paul Police Deparhnent has authorization to receive a Operarion Night Cap grant &om the Minnesota Deparhnent of Public Safety. 9 l�l�� ./ �� ADVANTAGESIFAPPROVED �HVV lb ��U� REt�� V E1� Increased police patrol for traffic safery. -p° A CI 6 �a A`lTTORNEY JAN U � 2002 DISADVANTAGESIFAPF,ROVED C�TY ATT�JRI�JE� None. �� DiSADVANTAGES IF NOT APPROVED � Loss of grant funding for Operation Night Cap. �'i�.� �� `�'�� ,��l,�`� S. � &Ui1L iOTAL AMOUNT OF TRANSACTION $ $1,200.00 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO '� FUNDINGSOURCE MSTll10SOY3DCjJeTtrriCritOfPUt111CSd�C1YgLdrit AG7NITYNUMBER � OOI-Od1OO� � �- fINANqALINFORMATION(EXPWN) uperanmuv�gntt;apgrantacceprancegs.u� .x�s 4RlG1NA1� Accountinq Information: Agency: P07 STATE OF MINNESOTA O3--q,3 GRANT CONTRACT Fiscal Year: 2002 Vendor Number: 066790002-00 Total Amount of Contract: $1200.00 Amount of Contract First FY: �1200.00 Commodity Code: Commodity Code: Commodity Code: Object Code: 5600 Object Code: Object Code: Accounting Distribution 1 Accounting Distribution 2: Accounting Distribution 3: Fund: 300 Appr: 536 Org/Sub: 5153 Activity: Rept Cat: 0311 Amount: $1200.00 Fund: Appr: _ Org/Sub: Activity: _ Rept Cat: Amount: Processinq Information: (some entries may not apply) Requisition: 5000-1238 / 1 � /�1f•rl l�,�,. _ Order. number/date/entry initials Fund: Appr: Org/Sub: Activity: Rept Cat: Amount: 5000-2071/ / number/datelentry initiais (Individua! signing certifies that funds have been encumbered as required by Minn. Statute 16A.15 and Statufe 16C.05} NOTICE TO GRANTEE: You are required by Minnesota Stafutes, section 270.66 to provide your social security number or federal employee identification number and Minnesota'tax identification number if you do business with the State of Minnesota. This information may be used in the enforcement of federal and state tax laws. Supplying these numbers could result in action to require you to file state tax returns and pay delinquent state tax liabililies. This qrant contract will not be approved unless these numbers are provided. These numbers will be available 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 or Federal Employer I.D. No. St. Paul MN 55101 Minnesota Tax l.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 WRITTEN PERMISSION OF THE GRANTEE. If you circulate this grant contract internally, only offices that require access to the tax identification number AND al{ individualsloffices signing this grant contract should have access to this page. O �..-9 3 THIS GRANT CONTRACT, and amendments and supplements thereto, is between the State of Minnesota, acting through its Commissioner of Public Safetv State Patrol Division (hereinafter "STATE") and the Citv of St Paul Police DeqaRment address 100 East 11 Street. St. Paul. MN 55101 (hereinafter "GRANTEE"), witnesseth that: WHEREAS, the STATE, pursuant to Minnesota Statute 4.075 and Minnesota Session Laws 2000, Chapter 445, Article 1, Section 1, Subd. 2(d) is empowered to act as the appropriate agency responsible for the administration of the state's highway safety program and, consistent with state Iaw, may contract and cooperate with, and act as agent for state and federal agencies, political subdivisions, and public and private organizations in order to effectuate the purposes of the National Highway Safety Act of 1966 and any amendments or regulations thereto to the end that available federal money and other benefits for such purposes may be obtained and is empowered to enter into grant contracts; and W HEREAS, the STATE is in need of county and local law enforcement agencies' participation in an alcohoi saturation program designed to arrest impaired drivers (Operation NightCAP); and WHEREAS, GRANTEE represents that it is duly qualified and willing to perform the services set forth herein; NOW, THEREFORE, it is agreed: GRANTEE'S DUTIES GRANTEE shall: � C. L] E. A. Coordinate alcohol saturation events with the STATE's district authorized representative (see Clause VI of this grant contract) during the period October 1, 2001 through September 30, 2002. Saturation events shall include the following: 1. NightCAP Saturation on December 22, 2001, providing up to one (1) officer. 2. NightCAP Saturation on December 29, 2001, providing up to two (2) officers. Assist the STATE's district authorized representative in identifying qualified law enforcement officers within GRANTEE's agency who have a demonstrated proficiency and interest in arresting impaired drivers, and who will be active participants in this program. AII 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 fringe benefits, on "Personne� 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 regular duty shifts. Review GRANTEE's Officer Activity Reports and Activity Logs (samples attached) to verify work efficiency by those officers working the saturations; ofEicers 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 qualified officers. Complete and submit all required paperwork following each saturation event inctuding, but not limited to, Officer Activity Reports and Invoices to the STATE's district authorized representative within seven (7) working days foilowing each saturation event. F. Coordinate and authorized repr� Minnesota Department of Public : in public information and media efforts with the STATE's district as a part o e ach saturation e vent. State Patrol Division - Ope2tion NightCAP Grant Contract Page i ba,-93 G. GRANTEE acknowledges that all law enforcement officers participating in this program are Standard Field Sobriety Testing (SFST) trained. GRANTEE must provide proof of training for each officer not currently qualified before such officer(s) will be ailowed to participate in the program. H. GRANTEE shall provide for ali operating costs inc{uding, 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. GRANTEE law enforcement officers, while on duty under this grant contract, are employees of the GRANTEE and not employees of the STATE or Federal government. II. CONSIDERATION 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. 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 officer as stated on Attachment A of this grant contract, and shall not exceed the total amount of this grant contract. 2. Reimbursement will be made only 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 Dollars ($0.00); provided, that GRAN7EE shall be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Non-managerial Unrepresented Employees Plan" promulgated by the Commissioner of 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. The total obligation of the STATE for all reimbursements to GRANTEE for participation in this program shail not exceed Twelve Hundred Dollars ($1200.00). B. Terms of Pavment. 1. Payments shall be made by the STA7E promptly after GRANTEE's presentation of invoices for services performed and acceptance of such services by the STATE's authorized representative pursuant to Clause VI of this grant contract. Invoices shall be submitted in a form prescribed by the STATE and according to the following schedule: GRANTEE shall invoice the STATE using the invoice form (sample attached) within seven (7) working days foilowing each saturation event. Invoices are to be submitted directly to the STATE's district authorized representative. 2. Final claim for reimbursement must be received no later than October 30, 2002. Minnesota Department of Public Safety, State PaVOI Division - Operation NightCAP Grant Contrac[ �°y� � aa-�3 3. The STATE shal4 reimburse GRANTEE only after costs have been incurred by GRANTEE. All invoices for reimbursement must be supported by written documentation including, but not limited to, the Officer Activity Reports (sample attached). 4. (When applicable) Payments are to be made from federal funds obtained by the STATE through the National Hiqhwav SafeN Act of 1966 (Public Law 89-564) and amendments thereto. If, at any time, such funds become unavailabie, 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 will be Ro holiday pay. IIi. CONDITION OF PAYMENT AII services provided by GRANTEE pursuant to this grant contract shall be performed to the satisfaction of the STATE, as determined at the sole discretion of its authorized representative, and in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. GRANTEE shall not receive payment for work found by the STATE to be unsatisfactory, or performed in violation of federal, state or locat law, ordinance, rule or regulation. IV. TERMS OF CONTRACT This grant contract shall be effective on October 1. 2001, 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, 2002, or until all obligations set forth in this grant contract have been satisfactorily fulfilled, whichever occurs first. V. CANCELLATION This grant contract may be canceled by the STATE or GRANTEE at any time, with or without cause, upon thirty (30) days written notice to the other party. In the event of such a cancellation, GRANTEE sha11 be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. • VI. STATE'S AUTHORIZED REPRESENTATIVES The STATE's Authorized Representative for the purposes of administration of this grant contract is Kammv Huneke Federal Proiects Coordinator Minnesota State Patrol, telephone number 651-297-1748, or her successor i� 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 Authorized Representative for the purposes of coordinating the alcohol saturation events of this grant contract is Lt. Bob Maskel, 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 Sat 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. VIII. ASSIGNMENT GRANTEE shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the STATE. • Minnesota Department of Public Safety, State Patrol Division - Operation NightCAP Grant Contract Page 3 03.-9 3 fX. AMENDMENTS Any amendments to this grant contract shali be in writing, and shall be executed by the same parties who executed the original grant contract, or their successors in ofEice. X. LIABILIIY GRANTEE must indemnify, save, and hold the STATE, its agents, and employees harmless from any claims or causes of action, including attomeys' fees incurred by the STATE, zrising from the performance of this grant contract by the GRANTEE or the GRANTEE's agents or empioyees. This clause will not be construed to bar any legal remedies fhe GRAN7EE may have for the STATE's failure to fulfill its obligations under this grant contract. This clause shal( not be consfrued as a waiver by the GRANTEE of the municipal tort liablility limifs set forth in Minn. Stat. § 46G.01 et seq. XI. STATE AUDITS Under Minn. Stat .§ 16C.05, subd. 5, the GRANTEE's books, records, documents and accounting procedures and practices relevant to this grant contract are subject to examination by the STATE andlor fhe State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. XII. GOVERNMENT DATA PRACT[CES The GRANTEE and STATE must comply with the Minnesota Government Data Practices Act, Minnesota Statute, Chapter 13, as it applies to al! data provided by the STATE under this grant contract, and as if appties to all data created, colleded, received, stored„ used, maintained or disseminaFed by the GRANTEE under this grant confract. The civil remedies of Minnesota Staf. .§ 13.08 apply fo the release of the data referred to in this clause by either the GRANTEE or the STATE. If the GRANTEE receives a request to release the data referred to in this Clause, fhe GRANTEE must immediafely notify the STATE. The STATE wil! give the GRANTEE instructions concerning the release of the data to the requesting party before the data is released. Xifl. PUBLICITYAND ENDORSEMENT Publicity: Any publicity regarding the subject matter of this grant confract must identify the STATE as the sponsoring agency and must not be released without prior written approval from the STATE's Authorized Representative, For purposes of this provision, publicity includes notices, informational pamph�ets, press releases, research, reports, signs and similar public notices prepared by or for the GRANTEE individuaily or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resuiting from this grant contract. Endorsement: The GRANTEE must not claim that the STATE endorses its products or services. XIV. AFFIRMATIVE ACT10N (4Vhen applicable) GRANTEE certifies that it has received a certificate of compliance from the Commissioner of Human Rights pursuant to Minnesota Statutes, Section 363.�73. 1t is here6y aqreed beiween the parties that Minnesota Statutes, Section 363_Q73 is incorporated into this grant contract by reference. XV. WORKERS' COMPENSATION The GRANTEE certifies fhat it is in compliance with Minn. Stat. § 176.181, suBd. 2, pertaining to workers' compensation insurance coverage. The GRANTEE's employees and agenis will not be considered STATE employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the STATE's obligation or responsibi(ity. Mmpesota DepaRment of Public Safefy, State Patrof Division - Op¢rodon NightCAP Grant CoMract Nage 4 oy-g3 XVI. 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 antitrusi laws of the State of Mirinesota. XVII. GOVERNING LAW, JURISDICTION. AND VENUE Minnesota law, without regard to its choice- of-law provisions, governs this grant contract. Venue for ail legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. XVIIi. 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. B. Survival of Terms: The following clauses survive the expiration or cancellation of this grani contract: X. Liability; XI. State Audits; XII. Government Data Practices; Xlil. Pubticity and Endorsement; XVII. Governing Law, Jurisdiction, and Venue. Minnesota Department of Public Safety, State PaVOI Division - Operation NightCAP Grant ConVact Page 5 oa-g3 IN WITNESS WHEREOF, the paRies 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 behalf of the GRANTEE as required by appiicabie articles, by-laws, resolutions or ordinances BY- R�int Name � Title: Date: Signatu`re� ; � , >, : 2. STATE AGENCY: ;' By: (authorized signature) �. , Title: ' °� Chief' Date: � � \ Distribution: Agency - Original contract(fully executed) Grantee State Authorized Representative N � � 5,��,-�� Minnesota Department of Public Safety, Siate PaVOI Division - Operation NightCAP Grant Contract `JEC-1'l-2d�J1 1e'i�74 ni r�-,u� � � •.•_ , �� ... Att2chment A Operation oa-g3 i�ightCAP Personnel Roster � Compiete even if the same as Kourty Rate " Fringe 6enefit Rate Bre2kdown' i _ y�(,_ $� ?S a- NS -xk X 3- y�• 7� x_ f.S.S� % ! 1535°IO : fj,Sli'�a � % �io .5�•�' q� U �l0 ��o % % % TOTRL P.04 �� - . S • �Gi, ✓� 1. (� G l ( � p F� � �' Attachment B aa-q3 FEDERAL AUDIT REQUIREMENTS For subrecipients who are state (inciudes Indian tribes) or iocal governments If the grantee expends total direct and indirect federa� assistance of: ** Equai 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 (Public Law 98-502) and the federai Office of Management and Budget (OMB) Circular A-133. The law and circular 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 establishments that received, expended or otherwise administered federal financial assistance during the year. Audits shall be made annually unless the State or locai government has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those governments, the cognizant agency shali 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, hospitals or other nonQrofit organizations 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 CircularA-133. The audit must be an organization-wide audit, unless it is a coordinated audit in accordance with OMB Circular A-133. However, when the $3��,�00 or more was expended under only one program, the subrecipient may have an audit of that one program. Audits shall usually be made annually, but not less frequent than every two (2) years. 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 Office's Standards for Audit of Governmental Organizations Pro rg ams Activities and Functions. 4. Audit reports shall state that the audit was perFormed in accordance with the provisions of OMB Circular A-133, as applicable. The reporting requirements for audit reports shall be in accordance with the American Institute of �ertified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on Audited Financial Statements" or SAS 62, "Special Reports," as applicable. G6z-93 OFFICER ACTIVITY REPORT ACTIVITY Total Number of Vehi Total Number of Arrests/Citations Issued I .. :� aa-9 � Operation NightCAP �� December 22 & 29, 2001 Invoice Date: Saturation Event: (as applicable) Agency tdamel City of St. Paul, Police Department Address: 100 East 11 " Street St. Paul, MN 55101 TOTAL EXPENSE INVOICE HOURS Overtime - County Overtime - Local I (as applicable) (Attach a copy of all refated Off�cer Actr Th+s block Vendor Number: 066790002-00 SFY: Agency: P07 Fund: 300 Org: County or City Authorized Rep. Federai Projects Director TOTAL FEDERALFUNDS INVOICE AMOUNT ALLOCATED $ $ $ $12��.�0 ;ports-if not already turned in to Patrol Lt.) State Use Onl p2 Order Numl 5153 Appr: 53B APPROVAL SIGNATURES 5000-2071 Report Cat: 0311 District Authorized Rep. Date Date Date REMIT TO: Kammy Huneke Federal Projects Coordinator Minnesota State Patrol 444 Cedar Street — Suite 130 St. Paul MN 55101 Fax: 651/296-5937