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03-841CouncilFile # d,j — ��'�'� Green Sheet # 205067 Presented By: Ref'erred To: 1 2 3 4 5 6 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 Committee:Date: WHEREAS, the City of Saint Paul, Police Department, has received an Operation Nightcap grant from the Minnesota Department of Public Safety for traffic enf"orcement on September 9, 2003; and BE TT RESOLVED, that the Saint Paul City Council accepts this grant and 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 file and on record in the Office of Financial Services. Requested by Department of: Benanav II ✓ Adopted by Council: Date: q_ j� p� Adoption Certified by Council Secretary: B � Approved By: Night Cap Grant RESOLUTION CTTY OF SAINT PAUL, NiINNESOTA �� — D -��lt V DEPARTMENT/d�FICEICOUNCIL DATE INITIA7ED Po�iceve 8/6/03 GREEN SHEET No. 205067 � CONTAC7 PERSON PHONE INrtIAUDATE INInAUDATE Chief William Finney 292-3588 � OEPAR1NFNt WREGfOR 5��� MUST BE ON CDUN IL AGENDA BY (DATE) �A / P1C25E pL00O55 f�SAP. �wnowgr �'� ` ❑crtrnersrsic �FNqNqqLSERNCESqR_ �FHGNqClSERVIACCfG �YOR(ORRSSISTAM) � �w�wnWGXTS _ �/ TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATIlRE) cnoNr�QUesreo Approval of the attached council resolution accepting a grant from the Minnesota Department of Public Safety and authorizing the City to enter into, and Chief William Finney to implement a gant agreement with the Minnesota Department of Public Safety. RECOMMENDATION Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER TNE FOLLOWING QllESTIONS: 1. Has ihis persoNfirtn ever worked under a contrect for this department? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this persoNfirm ever been a city employee? CIVIL SERVICE COMMISSION YES NO 3. Dces this personlfirtn possess a sWll not nortnally possessed by any current city employee? YES NO 4. �s this personKrm a fargeted vendoR YES NO Explain aIl yes answers on separete sheet and attach to green sheet INI7IATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHY) The City of Saint Paul, Police Depaztment, has received a grant &om th�nnesota Department of Public Safety �/� for coordination of alcohol saturation on September 9, 2003. w � 0 ,�(Wl� � I�'L�-�. �-� 6 � ^� ������� s' _ „ �ars ADVAN7AGESIPAPPROVED "` ` "" '��1§ ���u�briSA Acceptance of grant funds available for police overtime to coordinate � ol turi 'o ptember 9, 2003. DISADVANTAGESIFAPPROVED None. P'.n3,3�e�;, �.. � m _,,, DISADVANTAGES IF NOT APPROVED Loss of grant funds available for traffic enforcement on September 9 zoo3. SEP 0 4 2��3 TO7ALAMOUN70FTRANSACTIONS 1,200.00 COST/REVENUEBUDGETED(CIRCLEONE) YES NO FUNDING SOl7RCE SY3YC Of M1IlIlCSOY3 $13T1Y ACTNITY Nl1MBER 43FY3h14G FINANCIAL INFORMATION (EXPLAIN) Night Cap Grnnt September 9, 2003.cr.gs.2003 03 � g`�' ORIGINAL STATE OF MINNESOTA ANNUAL PLAN GRANT CONTRACT ENCUMBRANCE WORKSHEET Accountinq Information: Agency: P07 Fiscai Year: 2004 Vendor Number: 20041 7 1 1 8-00 Total Amount of Contract: $1200.00 Amount of Contract First FY: $1200.00 Commodity Code: Commodity Code: Commodity Code: Object Code: 5B00 Object Code: Object Code: Accounting Distribution 1 Fund: 300 Appr: 53C Org/Sub: 5153 Activity: Rept Cat: 0311 Amount: $1200.00 Accounting Distribution 2: Fund: Appr: _ Org/Sub: Activity: _ Rept Cat: Amount: Accounting Distribution 3: 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: 5000-2868 / 7/31/03 / LM number/date/entry initials Social Security or Federal Employer I.D. No. St Paul MN 55101 Minnesota Tax I.D. No. (if applicable) THIS PAGE OF THE GftANT CONTRACT CONTA/NS 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 identifcation number AND all individuals/offices signing this grant contract should have access to this page. n3-�41 STATE OF MINNESOTA ANNUAL PLAN GRANT CONTRACT THIS ANNUAL PLAN GRANT CONTRACT (grant contract), and amendments and suppiements thereto, is between the State of Minnesota, acting through its Commissioner of Public Safetv. State Patrol Division (hereinafter "STATE") and the Citv of St. Paui, Police Department, address 100 East 11 St� reet. St. Paui. 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, 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 WHEREAS, the STATE is in need of cou�ty and local law enforcement agencies' participation in an alcohol saturation program (Operation NightCAP); and WHEREAS, GRANTEE represents that it is duly qualified and wiliing to perform the setvices 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 July 1, 2003 through September 30, 2003. Saturation events shall inciude the following: 1. NightCAP Saturation on September 9, 2003, providing up to three (3) 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 Roste�" 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 unwiiling 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 foilowing each saturation event. Minnesota Department of Public Safety, SWte Patrol Division - Operation NightCAP Annual Plan Grent Contrect Page 1 0 3 -8'�l F. Coordinate and participate in public information and media effoRs with the STATE's district authorized representative as a part of each saturation event. G. GRANTEE acknowledges that afl {aw enforcement o�cers pa+t+cipating in this program are Standardized Field Sobriety_Testing (SFST) trained. GRANTEE must provide proof of training for each officer not currentiy 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 rars used in performance of this grant contract and shail 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 Federai government. II. CONSIDERATION AND TERMS OF PAYMENT A. Consideration for all services performed by GRANTEE pursuant to this grant contract shail be reimbursed by the STATE as follows: 1. Reimbursement shali be made to GRANTEE for officer overtime rates, including fringe beneflts, 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 shail 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 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. 4 The total obligation of the STATE for all reimbursements to GRANTEE for participation in this program shall not exceed 1200.00. B. Terms of Pavment. 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 shail invoice the STATE using the invoice form (sample attached) within seven (7) working days foliowing 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 17th, 2003. Minnesota Department of Public Safety, State Patrol Division - Operation NightCAP Annual Plan Grant ConVact Page 2 03 - $ `�1 3. The STATE sha{I reimburse GRANTEE only after costs have been incurred by GRANTEE. Ail 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 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, GRANTEE shali be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 5. There wil{ be no holiday pay. III. CONDITION OF PAYMENT All services provided by GRANTEE pursuant to this grant contract shali be performed to the satisfaction of the STATE, as determined at the sole discretion of its authorized representative, and in accordance with all appiicable 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 local law, ordinance, rule or regulation. IV. TERMS OF CONTRACT This grant contract shail be effective on Julv 1. 2003, or upon the date that the final required signature is obtained by the STATE, pursuant to Minn. Stat § 18C.05, subd. 2, whichever occurs later, and shall remain in effect until Seotember 30, 2003, or until all obligations set forth in this grant contract have been satisfactorily fuifilled, 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, Federal Proiects Coordinator. Minnesota State Patrol, tefephone number 651-297-1746, 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 il, paragraph B. The S7ATE's District Authorized Representative for the purposes of coordinating the alcohol saturation events of this grant contract is Lt. Bruce Brvnell, 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 GRAN7EE's Authorized Representative for the purposes of administration of this grant contract is Sqt. Dan Malmqren, telephone number 651/292-3729. 7he GRANTEE's Authorized Representative shall have fuil authority to represent GRANTEE in its fulfillment of the term, conditio� and requirements of this grant contract. Minnesofa Department of Public Safety, State Patrol Division - Operation NightCAP Annual Plan Grant Contract Page 3 o3-8�f1 VIII. 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 tfie same parties who executed the original 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 Legislative 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 compiy with the Minnesota Government Data Practices Act, Minnesota Statute, Chapter 13, as it appiies to ali data provided by the STATE under this grant contract, and as it applies to all data created, coltected, 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. Xill. PUBLICITY AND ENDORSEMENT Pubiicity: 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 orjointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. Endorsement: The GRANTEE must not ciaim 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' Compensatian Act on behalf of these employees and any claims made by any third pa�ty as a consequence of any act or omission on the pa�t 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 43 -S�f I 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 taw, without regard to its choice- of-law provisions, governs this grant contract. Venue for ali 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 applicabie 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 of 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 Federai 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 04 Terms: The following clauses survive the expiration or cancellation of this grant contract: X. Liability; XI. State Audits; XI I. Government Data Practices; XIII. Publicity and Endorsement; XVI. Governing Law, Jurisdiction and Venue; XVII. Data Disclosure. Minnesoia DepaKment of Public Safety, State PaVOI Division - Operation NightCAP Annual Plan Grant Cont2ct Page 5 3. STATE AGENCY 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: 7/31 Grant Con�tr No. p - �".XXP/ ' �P � Title: Date: 03-8�1 Distribution: 2. G NTEE GRANT certifies that the appropriate person(s) ha executed the grant contract on behalf of the NTEE as required by applicable articles, b laws, resolutions or ordinances. � Titie: St. Paul Deputy Mayor, Chief Date: � Title: St. Paul Financial Services Date: By: Title: St. Paui Dat� By: Title: Chief of St. Paul Police Attorney Agency — Originai executed) Grantee / (fully � I cs �e r�� � c� ��- 5�����vr�s on � Se�czr c((2 e✓� s�ce� J Date: Minnesota Department of Public Safety, State Patrol Division - Operation NightCAP Annual Plan Grant Contract Page 6 03' �� � Attachment A �, 0 � � i � ,- ,-. o�n o c� � �a Q c= rn i� � x n rn N�� a o�? �o v� cv c� o 0 � n s vi .-. .-. c+1 C•1 C' 'C ct' C m V r'i c'� ^ c'1 R f'1 c*: [� c'i V' i O'� �f1 �n �n �n v� d 7 7 d C C v 4�7 <S' <t 4 d ��n `S Q G.^. O £""'� e � d' d' � C C 'S �T '7 'S d' V V C C V 7 C 7'o- d' � N � C� � c*3 er r1 [�t C�1 t"t C'] f� M f7 � M ['1 t'1 r^. 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Q O r l, (V ^.t�' R ':1' ..^�.� C __ V� � � t "� � �� 4 � h a c� � oo �n o o� a a x o' x^�� rn a°` a' rn a�, ��°; c rn o. rn rn o, � o, a a �` �+ � � � rn a, °`' ic �� � N o, � r, ° a o. o� c, o _,n o o � a , p, -' - A N C� 5, o� C �C d [� N [� V N R N C� C� ^��n CC O^-� ��O O A k. N cV O �-- oo C� � M � v� O �^ r� v� C� v'i ,� N m cn ,-.. •-. t C� � N tn h �J' I�' �'�l �C'i VS ["� � C�: ("i Vl ("l [�l .r t� ,�.1 � � � . �, Q o � U � � ::a U ��s;W..`'.apz�� � � W � z -�-� � �' � >" '� � '� z -.�� a � a � ,_�,�,, � � � F, z� L0 a� O a� L1 t-i � o-�-� �^� o w� Q ._a ,� � � 1 ` � � J � w o v� c� r v, � ri U G=' 3 v; � � a F � 3 � � � � v " G a � 7 G � :: � a �' � � Q ti v � w � < x .o v c � i `c 03 ' g � ' Attachment B FEDERAL AUDIT REQUIREMENTS For subrecipients who are state (includes Indian tribes) or local governmenfs If the grantee expends total direct and indirect federal assisfance of: " Equal to or in excess of $300,0o� 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. Tfie law and circular provide that the audit shafl cover the entire operations of the grantee government or, at the option of the grantee government, lt may cover departments, agencies or establishments that received, expended, or otherwise administered federai 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 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 nonprofit 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 compiiance audit made in accordance with OMS Circulas A-133. The audit must be an organization wide audit, uniess it is a coordinated audit in accordance with OMB Circular A-133. However, when the $300,000 or more was expended under only one program, the subrecipient may have an audit of that one program. Audits shali usually be made annually, but not less frequently than every two years. Ali audits shall be made by an independent auditor. An independent auditor is a state or local government auditor or a pubiic accountant who meets the independence standards specified in the General Accounting Office's Standards for Audit of Governmental Orqanizations Proqrams, Activities and Functions Audit reports shali 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 Accounts' (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on Audited Financial Statements" or SAS 62, "SQecial Reports," as applicable. The reporting requirements for audit reports on compliance and internal controls shall be in accordance wfth AICPA'S SAS 63, "Compliance Auditing Applicabie to Governmental Entities and Other Recipients of Governmental Financial Assistance" and Statement of Position (SOP) 89-6, "Auditors' Reports in Audits ot State and Local Governmental Units." 03 - �d`�� OFFICER ACTIVITY REPORT ACTIVITY Total Number of Vehicles Sto . Operation NightCAP $ Invoice Date: ' September 9, 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 Overtime - Local (as apolicable) TOTAL TOTAL INVOICE HOURS INVOICE AMOUNT (Attach a copy of all re�ated Officer Activity $ 0 3 - ��� Invoice FEDERALFUNDS ALLOCATED $ $1200.00 not already turned in to Patrol Lt.) This block for State Use Onl Ve�dor Number: 200417118-00 SFY: 04 Order Number: 5000-2868 Agency: P07 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: 651l296-5937