03-195CouncilFile # o3—\q5
Green Sheet #1 204592
RESOLUTION
? SAINT PAUL, MINNESOTA
Presented By:
Referred To:
Committee:Date:
a�
1 WHEREAS, the City of Saint Paul, Police Department, has received an Operation Nightcap grant from
2 the Minnesota Department of Public Safety for traflic enforcement on March 17, 2003; and
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BE TT RESOLVED, that the Saint Paul City Council accepts this grant aud authorizes the City of
Saint Paul to enter into, and Chief William Finney to implement the attached agreement with the
Minnesota Department of Public Safety. A copy of said agreement is to kept on £de and on record in
the Office of Financial Services.
Adopted 6y Council: Date: �� .�, aaa3
Adoption Certifiec�y Council Secretary: �
By:
B
Requested by Department of:
Police
sy: t� . Y� ...._ a. !� 03
Form Approved by Ci orney: `-���
. �
B
QI
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Night Cap Grant March 17, 2Qb,3.cr2003
STATE OF MINNESOTA b� —�qS
ANNUAL PLAN GRANT CONTRACT
THIS ANNUAL PLAN GRANT CONTRACT (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 Department Department, address
Box 100 East 11�' Street St. Paul. MN 55101 (hereinafter "GRANTEE"), witnesseth that:
WHEREAS, the STATE, pursuant to Minn. Stat.§§ 4.075, 299A.01 Subd 2(4) and 471.59 Subd
10 and 471.59 Subd. 10 is empowered to act as the appropriate agency responsible for the
administration of the state's highway safety program and, consistent with state law, may contract and
cooperate with, and act as agent for state and federal agencies, politicai 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
WHEREAS, the STATE is in need of county and local law enforcement agencies' participation
in an alcohol saturation program (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:
I. GRANTEE'S DUTIES GRANTEE shall:
A. Coordinate alcohol saturations with the STATE's district authorized representative (see
Clause VI of this grant contract) during the period October 1, 2002 through June 30, 2003.
Saturation events shall include the following:
1. NightCAP Saturation on March 17, 2003, providing up to two (2) officers.
B. 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
addressing 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.
C. Provide a list of eligible law enforcement officers who may participate in this program with
their overtime rate of pay, including fringe benefits, on "Personnel Roster" labeled
Attachment A of this grant contract, which is attached and 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.
D. Review GRANTEE's Officer Activity Reports and Activity 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 will 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 following each saturation event.
Minnesota Department of Public Safety, State Patrol Division - Operahon NightCAP Annual Plan Grant Contract Page t
0 3 \�1.5
F. Coordinate and participate in public information and media efforts with the STATE's district
authorized representative as a part of each saturation event.
G. GRANTEE acknowledges that ali law enforcement officers participating in this program are
Standardized Field Sobriety Testing (SFST) trained. GRANTEE must provide proof of
training for each officer 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. GRANTEE's law enforcement officers, providing services 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 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 shall not be reimbursed for travei and subsistence expense
incurred outside the State of Minnesdta 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 shall not exceed 800.00.
B. Terms of Pavment.
1. Payments shall be made by the STATE promptly after GRANTEE's presentation of
invoices for services performed and acceptance of such services by the STATE's
authorized representative pursuant to 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 following each saturation event. Invoices are to be
submitted directly to the STATE's district authorized representative.
2. Finai claim for reimbursement must be received no later than July 31, 2003.
Minnesota Department of Public Safety, State Patroi Division - Operation NightCAP Annual Plan Grant Contract Page 2
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3. The STATE shall reimburse GRANTEE only after costs have been incurred by
GRANTEE. Ali invoices for reimbursement must be supported by written documentation
including, but not limited to, the Officer Activity Reports (sampie attached).
4. (W hen applicable) Payments are to be made from federal funds obtained by the STATE
through the Nationai Hiqhwav Safetv Act of 1966 (Public Law 89-564) and amendments
thereto. If, 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, GRAN7EE shall be entitled to payment, determined on
a pro rata basis, for services satisfactorily performed.
5. There will be no holiday pay.
III. CONDITION OF PAYMENT All services provided by GRANTEE pursuant to this grant contract
shall be performed to the satisfaction of the STATE, as determined at the sole discretion of its
authorized representative, and in accordance with all applicable federal, state and local laws,
ordinances, rules and regulations. GRANTEE shall not receive payment for work found by the
STATE to be unsatisfactory, or performed in violation of federal, state or locai law, ordinance,
rule or regulation.
IV. TERMS OF CONTRACT This grant contract shall be effective on October 1. 2002, or upon the
date that the final required signature is obtained by the STATE, pursuant to Minn. Stat §
16C.05, subd. 2, whichever occurs later, and shall remain in effect until June 30 2003, 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 shall be entitled to payment, determined on a pro rata basis,
for work or services satisfactorily performed.
VI. STATE'S AUTHORIZED REPRESENTATIVES The STATE's Authorized Representative for
the purposes of administration of this grant contract is Kammv Huneke Federai Proiects
Coordinator Minnesota State Patrol, telephone number 651-297-1748, 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 Authorized Representative for the purposes of coordinating the alcohol
saturation events of this grant contract is Lt. Bruce BNnell, 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 fulfilfinent of the term, condition and requirements of this
grant contract.
Minnesota Department of Public Safety, State Patrol Division - Operation NightCAP Annual Plan Grant Contract Page 3
o � -�'1S
Vill. ASSIGNMENT GRANTEE shall neither assign nor transfer any rights or obligations under this
grant contract without the prior written consent of the STATE.
IX. AMENDMENTS Any amendments to this grant contract shall be in writing, and shall be
executed by the same parties who executed the originai grant contract, or their successors in
office.
X. LIABILITY GRANTEE must indemnify, save, and hold the STATE, its agents, and employees
harmless from any claims or causes of action, including attorneys' fees incurred by the STATE,
arising from the performance of this grant contract by the GRANTEE or the GRANTEE's agents
or employees. This clause will not be construed to bar any legal remedies the GRANTEE may
have for the STATE's failure to fulfill its obligations under this grant contract.
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 and/or the State Auditor or Legisiative Auditor, as appropriate, for
a minimum of six years from the end of this grant contract.
XII. GOVERNMENT DATA PRACTICES The GRANTEE and STATE must comply with the
Minnesota Government Data Practices Act, Minnesota Statute, Chapter 13, as it applies to all
data provided by the STATE under this grant contract, and as it applies to all data created,
collected, received, stored, used, maintained or disseminated by the GRANTEE under this
grant contract. The civil remedies of Minn. Stat. § 13.08 apply to 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, the
GRANTEE must immediately notify the STATE. The STATE will give the GRANTEE
instructions concerning the release of the data to the requesting party before the data is
released.
XIII. PUBLICITY AND ENDORSEMENT
Publicity: Any publicity regarding the subject matter of this grant contract must identify the
STATE as the sponsoring agency and must not be released without prior written approvai from
the STATE's Authorized Representative. For purposes of this provision, publicity includes
notices, informational pamphlets, press releases, research, reports, signs and similar public
notices prepared by or for the GRANTEE individually or jointly with others, or any
subcontractors, with respect to the program, pubiications, or services provided resulting from
this grant contract.
Endorsement: The GRANTEE must not claim that the STATE endorses its products or
services.
XIV. WORKERS' COMPENSATION The GRANTEE certifies that it is in compliance with Minn. Stat.
§ 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The GRANTEE's
employees and agents 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 responsibility.
XV. 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
Minnesota Department of Public Safety. State Patrol Division - Operation NightCAP Annual Plan Grant Contract Page 4
03 -1q5
resulting from antitrust violations which arise under the antitrust laws of the United States and
the antitrust laws of the State of Minnesota.
XVi. GOVERNING LAW JURISDICTION. AND VENUE Minnesota law, without regard to its choice-
of-law provisions, governs this grant contract. Venue for all 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.
XVII. DATA DISCLOSURE Under Minn. Stat. § 270.66, and other applicable law, the Grantee
consents to disclosure of its social security number, federal employer tax identification number,
and/or Minnesota tax identification number, already provided to the state, to federal and state
tax agencies and state personnel involved in the payment of state obligations. These
identification numbers may be used in the enforcement ofi federal and state tax laws which
could result in action requiring the Grantee to file state tax returns and pay delinquent state tax
liabilities, if any, or pay other state liabilities.
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 paR of
this grant contract.
B. Survival of Terms: The following clauses survive the expiration or cancellation of this
grant contract: X. Liability; XI. State Audits; XII. Government Data Practices; XIII.
Publicity and Endorsement; XVI. Governing Law, Jurisdiction and Venue; XVII. Data
Disclosure.
Minnesota Department of Public Safety. State Patrol Division - Operation NightCAP Annual Plan Grant Contract Page 5
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IN WITNESS WHEREOF, the parties ha...uted mtendm� to be bourtdtpretkbsbmail.cis[pauZ.mn.us se ..e�[=�m�n y co '[un r�i=� L L
O � -\�S
IN WITNESS WHEREOF, the parties have caused this grant to be duly executed intending to
be bound thereby.
APPROVED:
1. ENCUMBRANCE VERIFICATION
Individual signing certifies that funds have been encumbered as required by Minn. Stat. §§
16A.15 and 16C.05.
Signed:
Date:
Grant Contract No.
2. GRANTEE
GRANTEE certifies that the appropriate person(s) have executed the grant contract on behalf
of the GRANTEE as required by applicable articies, by-laws, resolutions or ordinances.
Titie:
Date:
By:
Title: St. Paul
Date:
By:
Title: St. Paul
By: -��
Title: Chief of
Date:
Deputy Mayor, Chief of Staff
Director
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3. STATE AGENCY -j-� �.� ��, ..,1�! � s; 5✓� I-�
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1 of 2 2/6l2003 7:08 AM
01 -�`t �
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Titie:
Date:
Distribution:
Agency — Original contract (fully executed)
Grantee
2 of 2 2/6l2003 7:08 AM
DEPARTM�[IT/OFFICEIGOUNCIL DATE INITIATED
PollceDepartment Z��o�os GREEN T No. �� 204592 �/
CONT PERSO & P O INRIAUDA INfIIAUDATE
Chief WilliamFinney 292-3588 1 oEnamrExrowECron 5 caR+ca_�, �t�+
MUST BE ON CO NqL AGENDA BY (DATE) (
P1eaSC prOCe55 ASAP. 3�mnnow�Er U� ❑arr a.eaK
�FruNCw�smv�cESpz v �rW�NCW.sExnxcrc
� t pwYOR �ORAS544TAN!) � pwrw NItiRS
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TOTAL # OF SIGNATURE PAGES 1 (CLIP AlL LOCAT40NS FOR SIGNATURE)
CTION REQUESTED
Approval of the aitached council resolution accepting a gant from the Minnesota Department of Public Safety
and authorizing the Ciry to enter into, and Clrief William Finney to implement a grant a � �c��' the Minnesota
Departwent of Public Safety. �` ` "�
FEB 1 g 2Gu3
RECOMMENDATION A(Jprove (A) or Rej2CS (R) PERSONAL SERVICECONTRACTS MUS7AN 4�C)Vy'�,tJ��W+_ F.S7ION5:
1. Has this perso�rm ever worked under a conirect for this d paNment?
PLANNING COMMISSION YES NO
CIB COMMITTEE 2. Has this personlfirm ever heen a ciry empbyee?
CIVIL SERVICE COMMISSION YE5 NO
3. Does this personffum possess a skill not nortnally possessed by any current crty employee�
YES NO
4. is ihis perso�rm a iargeted vendoR
YES NO
Explain all yes ansvrers on separete sheet and attach to green sheet
INITIATING PROBLEM i55UE, OPPORTUNITY (WHO, WHAT, WMEN, WHERE,444iY) �- � '
The City of Saint Paul, Police Department, has received a grant from the Minnesota Departmen �q"-¢�'���� b;� ��
for coordination of alcohol sahualion on Mazch 17, 2003.
s',- f
�t�r p ; � �s"k �A,��
'�.x_ _. . §�
ADVANTAGESIFAPPROVED
Acceptance of grant funds available for police overtime to coordinate alcohol saturation on Mazch 17, 2003.
DISADVANTAGESIFAPPROVED
None.
DISADVANTAGES IF NOT APPROVED
Loss of grant funds available for traffic enforcement on March 17, 2003.
TOTAL AMOUNi OF TRANSACTION $ 800.00 GOST/REVENUE BUDGEfED (CIRCLE ONE) YES NO
FUNDING SOURCE $Y3t0 Of MillII05013 RI'dII2 ACTIVITY NUMBER 436-34146
FINANCIAL INFORMA710N (EXPUIIM
Night Cap Grun[ March 1�, 2003.ci.gs.2003
ORiGINAL
STATE OF MINNESOTA 0 3—\qS
ANNUAL PLAN GRANT CONTRACT ENCUMB42ANGE WORKSHEET
Accountinq Information:
Agency: P07 Fiscal Year: 2003 Vendor Number: 200417118-00
Totai Amount of Contract: $800.00 Amount of Contract First FY: $800.00
Commodity Code: Commodity Code: Commodity Code:
Object Code: 5800 Object Code: Object Code:
Accounting Distribution 1
Accounting Distribution 2:
Accounting Distribution 3:
Fund: 300
Appr: 53C
Org/Sub: 5153
Activity:
Rept Cat: 0311
Amount: $800.00
Fund:
Appr: _
Org/Sub:
Activity: _
Rept Cat:
Amount:
Fund:
Appr: _
Org/Sub:
Activity:_
Rept Cat:
Amount:
Processinq Information: (some entries may not apply)
Requisition: 5000- / / Order:
number/date/entry initials
Grantee Name and Address:
5000-2616 / 1/30/03 / LM
number(date/entry initials
St. Paul MN 55101
Social Security or Federal Employer I.D. No. Minnesota Tax I.D. No. (if applicable)
THIS PAGE OF THE GRANT CONTRACT CONTAINS PRIVATE INFORMATION.
EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE
42EPRODUCED OR DISTRIBUTED EXTERNALLY
WITHOUT EXPRESS WRITTEN PERMISSION OF THE GRANTEE.
If you circulate this grant contract internally, only offices that require access to the tax identification number
AND all individuals/offices signing this grant contract should have access to this page.
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H011RLY HaURL.Y BENEFiT
OF�ICER ANIE SAp�E � RATE RA'Y"E' RATE�"
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' Compl=t= even if fhe same as Houriy Rate
" Fring= 8enefit Rat=_ f_ �}S 3 j� N3'/ °� = ,j /. y}� y
Brea&down: 2-�$' [�� /��% _ 3'S, 2 � _ %
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T�TfaL P.02
Attachment B
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FEDERAL AUDIT REQUIREMENTS
For subrecipients who are state (includes indian tribes) or local governments
If the grantee receives total direct and indirect federal assistance of:
*� Equal 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 federal 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 estabiishments that
received, expended or otherwise administered federal financial assistance during
the year.
Audits shall be made annualiy 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 sha{I 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
nonprofit organizations
If the grantee receives total direct and indirect federal assistance of $300,000 or more
per year, the grantee agrees to obtain a financial and compliance audit made in
accordance with OMB Circular A-733. The audit must be an organization-wide audit,
unless it is a coordinated audit in accordance with OMB Circular A-133. However, when
the $300,000 or more was received under only one program, the subrecipient may have
an audit of that one program.
Audits shall usually be made annually, but not less frequent than every two (2) years.
3. AII 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
Orqanizations, Proqrams, Activities and Functions.
4. Audit reports shall state that the audit was performed in accordance with the provisions
of OMB Circular A-133, as 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 Financial Statements" or SAS 62, "Special Reports," as
applicable.
a � _IqS
OFFICER ACTIVITY REPORT
� � _� i s����_i ��
3ffice'r:'s Overtime Rate
ACTIVITY
of Vehicles Sto
I Number of Arrests/Citations Issued
D �'I�tS
Operation
NightCAP Invoice
Invoice Date: March 17, 2003
Saturation Event:
(as applicable)
Agency Name/ City of St. Paul, Police Department
Address:
100 East 11 " Street
St. Paul, MN 55101
EXPENSE
Overtime - County
TOTAL
INVOICE HOURS
TOTAL FEDERAL FUNDS
INVOICE AMOUNT ALLOCATED
$ $
$ $800.00
:ports-if not already turned in to Patrol Lt.)
Overtime - Local
a copy of all related Officer Activity
This block for State Use Onl
Vendor Number: 200417118-00 SFY: 03 Order Number: 5000-2616
Agency: PO7 Fund: 300 Org: 5153 Appr: 53C Report Cat: 0311
APPROVAL SIGNATURES
County or City Authorized Rep. Date District Authorized Rep. Date
Federal Projects Director Date
REMIT TO: Kammy Huneke
Federal Projects Coordinator
Minnesota State Patrol
444 Cedar Street — Suite 130
St. Paul MN 55101
Fax: 651 /296-5937